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General Terms and Conditions
This document is a shortend, non-professional translation of the original terms and conditions of the company "Publisher Armin Graef".
The original version can be found here: www.armin-graef.de/shop/agb.aspx
1. Scope
The General Terms and Conditions of the company "Publisher Armin Graef" (hereinafter called seller) apply to all agreements which the customer
and the seller conclude regarding the products shown in the online shop of the seller.
Customers in the sense of these General Terms and Conditions are both consumers (private customers) and companies (business customers).
A consumer is any natural person who concludes a legal transaction for a purpose which can be attributed neither to his commercial nor his
self-employed activity.
2. Conclusion of contract, payment methods and automatic cancellation of contracts
The goods and prices in the online shop of the seller are a non-binding offer.
The customer submits a binding purchase offer by entering his data in the online shop and clicking on the "Buy" button.
The contract between the customer and the seller is concluded depending on the payment method:
- if the payment method is "Payment in advance"
- then, the contract is concluded with the automatically shipped "order confirmation"
- the details of payment are within the order confirmation (bank accout number, PayPal address)
- if desired, the customer can also request a pro-forma-invoice for payment from the seller
- if the amount of money is not paid by the customer within 30 days, the contract will be canceled automatically
- if the payment method is "Invoice"
- then, the contract is concluded with the "order acceptance" of the seller (after the "order confirmation")
- this payment method is only available for companies (partially)
- in general only starting from the second order and after an additional verification
- the seller is entitled to refuse the acceptance of the order.
To transfer the amount of money to the seller, the customer can choose between "Bank Transfer" or "PayPal" (subsequently; outside the online shop).
3. Delivery terms
Each delivery (of a printed book) of the seller starts in Germany. Each service (of an eBook) of the seller is carried out on a German server.
On this basis, the deliveries and services of the seller are available only to customers from certain countries and under certain conditions.
Depending on whether a printed book or an eBook is chosen, only certain countries are offered for selection during the ordering process.
Regarding the availability of books, the following types are basically distinguished:
- "Ready for shipping"
- then, in general, the books are immediately delivered after order acceptance
- if the ordered number of books exceeds the amount of books in stock, new books are produced (this takes on average 4 working days)
- "Available"
- then, the books are either immediately delivered after order acceptance or newly produced (this takes on average 4 working days)
- "New production from 'x' or more books and only after consultation"
- then, by default, new books are no longer produced
- if desired, however, books can be produced again from a certain amount 'x' and after additional consultation.
4. Order processing
The communication between customer and seller is carried out via e-mail. The customer must make sure that the e-mail address which he has indicated
for order processing is valid, and he can receive the e-mails sent by the seller. If the customer uses a SPAM filter, he must configure this filter accordingly.
The order processing of printed books is basically carried out in the following steps:
- the customer orders his goods in the online shop (submits his binding purchase offer)
- first, the customer can select his products and his country
- if desired, he can also login
- then, the customer can enter his invoice and delivery address
- now, the country cannot be changed anymore
- then, the customer can select the payment method
- by default "Payment in advance" is available
- finally, the customer can check his information again and can submit his order
- after agreeing to the "General terms and conditions" he can click on the "Buy" button
- then, the customer receives the automatically generated "order confirmation" via e-mail
- the seller gives the printing company the order to deliver the goods
- thereby, the customer receives his "order acceptance" via e-mail
- if the payment method is "Payment in advance", it will be waited for this step until receipt of payment
- if the payment method is "Invoice", the contract is concluded between the customer and the seller with this step
- the printing company sends the goods to the customer (according to the delivery address)
- the customer now receives an e-mail that the goods have been shipped
- the customer receives via e-mail from the seller the incoice for his order with the correct date of shipment
- if the payment method is "Invoice", the amount of money has to be paid to the seller without deduction not later than
the specified date (by default within 30 days after incoice date).
The order processing of eBooks is basically carried out in the following steps:
- the customer orders his goods in the online shop (submits his binding purchase offer)
- similar to printed books, however no delivery address is necessary, because the books are downloaded from the server of the online shop
- the eBooks are produced specifically for the customer
- on the one hand, regarding the "order acceptance" and the "payment methods", as with printed books
- on the other hand, regarding the specific production of the eBooks
- within each footer of the eBook, the e-mail address of the customer and a unique book number are printed
- finally, the eBooks are uploaded to the server
- the customer receives via e-mail from the seller the incoice for his order with the correct date of shipment and a
detailed description of how to download the eBooks
- regarding the "payment", as with printed books.
In addition to the printed books and eBooks of the seller, so-called "exercise files" are available on the
website of Armin Graef. These files can be downloaded for free. Entering a special "book number" (as partially
indicated in the books) is no longer necessary.
5. Book price fixing, resellers and final customers
6. Right of revocation (only for consumers)
Customers outside the European Union will be granted no right of withdrawal.
There is no right of revocation for downloaded eBooks, because they are not suitable for return.
7. Warranty
The warranty is based on the statutory provisions.
8. Trademarks and trademark protection
The software and hardware names and the trademarks used on the website and in the books of the seller are subject to legal copyright,
trademark and patent protection.
Autodesk, AutoCAD, DWG, the DWG logo, and Inventor are registered trademarks or trademarks of Autodesk, Inc., and/or its subsidiaries and/or
affiliates in the USA and other countries.
9. Privacy Notice
- Which data of the orderer are required and stored?
- on the one hand, the e-mail address of the orderer is required and stored for sending the order confirmation, the invoice, and
other information; in eBooks, the e-mail address together with a unique "Book Number" is also printed within the footer of each page
- on the other hand, additional data of the orderer are required and stored, which are entered by the orderer during the order
process (e.g. the billing address or the shipping address).
- Are the data of the orderer passed on to third parties?
- the data of the orderer are partly passed on to the printing company and the shipping company for the delivery of the goods
- to other companies or individuals, the data of the orderer are not passed on.
- Cookies
- cookies are small text files which are managed on the computer of the orderer. They are used to store information when switching
between different web pages (e.g. the content of the shopping cart)
- to carry out an order in the online shop of "Verlag Armin Graef", cookies are required.
10. Final provisions
The law of the Federal Republic of Germany shall apply to all legal relations between the customer and seller.
Contract language is German.
Should individual provisions of this contract partially be or become invalid, the validity of the remaining provisions shall not be affected.
In such a case customer and seller are obliged to replace the invalid provisions by such provisions which come as close as possible to the
regulatory content of the invalid provisions.
Version: December 31, 2015
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