General Terms and Conditions (GTCs)

DE


General Terms and Conditions for legal transactions of Ernst Klett Sprachen GmbH, Rotebühlstraße 77, 70178 Stuttgart

Please observe also our legal notifications on the  liability disclaimer.

 

I. General Information

II. Delivery of Goods

III. Digital Content

IV. Software Use and Licence Provisions

V. Data Protection

VI. Settlement of disputes

VII. Concluding Provisions

 

I. General Information

1. For the business relationship between us, Ernst Klett Sprachen GmbH (hereinafter: Publisher) and the order placer (hereinafter: Customer) involving the goods presented via the Online Shop  www.klett-sprachen.de (hereinafter: Online Shop), the following General Terms and Conditions of Business (hereinafter: GTCs) apply exclusively in their valid version at the time of order placement.

2. We do not recognise GTCs contradicting or differing from our GTCs, unless the Publisher expressly agrees to their validity. The following Terms and Conditions apply exclusively even if we are aware of contradicting and/or differing conditions and are still providing unconditional delivery and service.

3. The Publisher expressly reserves the right to make changes to the GTCs.

4. For downloads with use taking place exclusively via remote data transmission on the Internet, the special provisions under III. “Digital Contents” apply.

5. In the case of software delivery (e.g. CD-ROM, DVD, downloads), the supplementary provisions under IV. “Software Use and Licence Provisions” apply.

6. For businesses, the GTCs of Stuttgarter Verlagskontor SVK GmbH apply.

 

II. Delivery of Goods

1. Contract Conclusion

1.1 The goods presented at www.klett-sprachen.de do not constitute an offer to conclude a contract, but serve only as a non-binding invitation for the Customer to submit an order.

1.2 The Customer can select the goods in the Online Shop at www.klett-sprachen.de and gather these in what is referred to as a "shopping basket" using the "Order" button. In the shopping basket, the Customer can also check his or her product selection and other information for errors and correct these if necessary. By clicking on the "Buy now" button, the Customer submits a binding offer to purchase the goods designated in the shopping basket. However, his or her order can be submitted and transmitted only if he or she has confirmed that he or she acknowledges and accepts the GTCs of the Publisher and the revocation instruction, and that these have become a component of his or her offer, by clicking on the corresponding check box.

1.3 Once the Customer has ordered the goods in the Online Shop, he or she will receive an automatic confirmation of receipt at the e-mail address specified by him or her. This automatic confirmation of receipt does not constitute an acceptance of the offer of the Customer but merely documents that his or her order has been received.

1.4 The contract does not become effective until the goods are received by the Customer or by a third party appointed by him or her, who is not a carrier. The Customer thereafter receives a contract confirmation containing the contractual content. 

1.5 If the Publisher refrains from declaring acceptance, for instance because delivery of the goods the Customer has ordered is not possible, no contract becomes effective in this case. The Customer will be informed of this immediately and will be immediately reimbursed with any consideration the Publisher may have already received.

1.6 The Publisher offers teaching staff within the Federal Republic of Germany, Austria and Switzerland packages of goods within the framework of temporally limited campaign offers indicated with their order number starting with “X”. The Customer must prove to the Publisher that he or she is entitled to acquire these special package offers by way of a school stamp. Each Customer may order only one copy of a special package offer.

1.7 The Publisher offers additionally so-called teacher’s test specimens, which teachers can use to consider possible introduction into lessons and to look through, with the right of return within three months, with a discount of a maximum of 20 % (in the case of orders from Austria the discount is a maximum of 5 %). However the order can be carried out only if the Customer renders proof to the Publisher that he or she is entitled to order these teacher’s test specimens by e-mail to contact klett-sprachen.de.

1.8 The contract is concluded exclusively in German. The contractual language is German without exception.

 

2. Right of Revocation

2.1 As a consumer within the meaning of § 13 German Civil Code (BGB), you are entitled to the following right of revocation:

Revocation Instruction

Right of Revocation

You have the right to revoke this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took the last goods into your/its possession.

To exercise your right of revocation, you must inform

Ernst Klett Sprachen GmbH
Rotebühlstraße 77
70178 Stuttgart

Tel.:* 07 11 / 66 72 15 55
Fax:* 07 11 / 66 72 2065

E-mail: contact klett-sprachen.de

* Your phone provider's standard phone charges will apply.



by means of a clear declaration (e.g., a letter sent by post, a fax or an e-mail) of your decision to revoke this contract. You may, but are not obliged to, use the attached template revocation form for this purpose. To comply with the terms of the revocation period, it is sufficient to send your notice of exercising your right of revocation before the revocation period expires.

Consequences of revocation

If you revoke this contract, we are required to reimburse all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from your decision to choose another method of delivery other than the most economical standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive your notice of revocation of this contract. We will use the same means of payment for this refund as the one used by you in your original transaction, unless we have expressly agreed another means with you. Under no circumstances will fees be charged to you because of this refund.

We are entitled to withhold payment of this refund until we have received the goods returned by you or until you have evidenced that you have returned the goods, whichever event occurs sooner.

You are to return or hand back, the goods immediately, and in any case no later than fourteen days from the date on which you notified us of your revocation of this contract, to the following addresses:

For deliveries to Germany, Austria and all other countires (except Switzerland) in case of direct orders from the publisher:

Ernst Klett Sprachen
Remittendenstelle
Im Riebeisen 33
71404 Korb
Germany
 

For Switzerland please contact

Balmer Bücherdienst AG
Kobiboden
8840 Einsiedeln
Switzerland

 The notice period is considered complied with if you dispatch the goods prior to the period of fourteen days expiring.

You are responsible for the direct costs of returning the goods.

You will have to pay for any loss in value of the goods only if caused by handling the goods in a manner other than that required in order to check their composition, properties or functionality.

 

End of Revocation Instruction
 

2.2 The right of revocation does not apply to distance contracts:

- for the delivery of goods which are not prefabricated and that are produced based largely on a personalised selection or definition by the consumer, or which are uniquely tailored to the personal requirements of the consumer,

- for the delivery of sound and video recordings or computer software in sealed packaging if the seal has been removed after delivery.

 

3. Cost-Covering Obligation in the Event of Revocation

You are responsible for the direct costs of returning the goods.

 

4. Delivery, Goods Availability

4.1 The Publisher delivers all products that can be ordered directly to the delivery address stated by the Customer. Dispatch to so-called “pack stations” is not possible.

4.2 In the case of orders placed via the Online shop from Switzerland and Liechtenstein, delivery is executed by local distribution partners. In this case, the Customer concludes the contract not with the Publisher, rather with the local distribution partner. For more detailed information, please visit Information for orders from abroad.

4.3 Provided no differing terms have been agreed to and the goods are available, the delivery will be made within 3 to 10 working days of order receipt at the latest or (in the event of advance payment) after a payment order is issued to the transferring bank.

4.4 The availability of the goods is displayed to the Customer in the Online Shop. An order is possible only if the goods are displayed as being available in the Online Shop.

4.5. In the case of orders containing multiple articles, the Publisher has the right to perform partial deliveries. The follow-up deliveries in this case are performed gratuitously.

4.6 Delivery of the ordered goods is generally carried out by the Stuttgarter Verlagskontor GmbH company – except for deliveries in Switzerland via Balmer Bücherdienst and other countries where we have local partners (complete list see here).

 

5. Pricing and Shipping Costs

5.1 The applicable prices in each case are those in effect at the time of ordering.

5.2 If the Customer is a consumer as defined by § 13 BGB, the end prices stated in the Online Shop, in the case of deliveries within the Federal Republic of Germany or Member States of the European Union, include the  amount of VAT applicable in each case. If the Customer is a business within the meaning of § 14 BGB, the euro prices for deliveries to other countries are higher due to the VAT difference. These euro prices are contained in the invoice.

5.3 For deliveries to other countries outside of Europe, the final prices specified in the Online Shop are net; i.e. exclusive of VAT. The Customer is responsible for the orderly payment of (sales) taxes or customs duties that may be incurred in other countries outside of Europe.

5.4 The Publisher charges a flat fee for postage and packing of EUR 2.50 per order for the delivery within the Federal Republic of Germany and to Austria for orders in the Online Shop. If the order value exceeds EUR 50.00, the Publisher delivers orders from the Online Shop with free postage. In the case of orders we receive not via the Online Shop, rather by post, telephone, fax or e-mail, the Publisher charges a flat fee differing from sentence 1 of EUR 4.45.

Please note for reservable products: For technical reasons, no shipping costs can be displayed for reservable products. As soon as the order is delivered, subsequent shipping costs may however be incurred.

5.5 In the case of deliveries to Switzerland, the flat fee for postage and packing is CHF 7.00 per order. If the order value exceeds CHF 60.00, the Publisher delivers orders with free postage. Follow-up deliveries resulting from partial deliveries are gratuitous in these cases too.

5.6 In the case of deliveries outside of Germany, Austria and Switzerland, the shipping costs are calculated based on the destination country and weight of the order according to the following chart:
 

Destination country Weight: < 4 kg Weight: > 4 kg
Europe (excluding Germany, Switzerland, Austria)

8,- EUR

14,- EUR

Foreign countries outside Europe

13,50 EUR

19,50 EUR

 

In the case of orders in the Online Shop, the shipping costs are displayed in the shopping basket before the purchase process is completed and before the purchase contract becomes effective. We reserve the right to deliver against an advance invoice. You will receive the invoice in advance and we will deliver as soon as we post your payment.

 

 

 5.7 The Customer has to bear any applicable customs and similar duties. (See 5.3)

5.8 In the case of orders within the meaning of II 4.2, differing prices, delivery and payment conditions apply: For more detailed information, please visit Information for orders from abroad.

 

6. Invoice and Terms of Payment

6.1 The Customer may pay the invoice amount via bank transfer, credit card or third-party payment services, provided the details required for this were saved by the Customer upon contract conclusion. You can access the accepted means of payment at any time at www.klett-sprachen.de/zahlungsmittel.

6.2 The Publisher reserves the right to demand advance payment in individual cases. This applies, for example, if the Customer is in arrears with prior invoices or the order value of all invoices still open on the part of the Customer exceeds EUR 150.00.

6.3 Invoice amounts are due to be paid immediately without deduction when received by the Customer.

6.4 Invoices are raised in euro only. Exception: Invoices for deliveries to Switzerland are raised in CHF.

6.5 In the case of payment arrears, the Publisher will be entitled to demand statutory default interest. In the case that the Publisher can prove greater damages caused by arrears, the Publisher will be entitled to claim for those damages.

6.6 The Customer is entitled to offset only if his or her counter claims are judicially binding or uncontested or have been recognised by the Publisher in writing.

6.7 The Customer may exercise a right of retention only if the claims result from the same contractual relationship.

 

 

7. Retention of Ownership

The Publisher reserves ownership of the goods delivered by the Publisher until the purchase price has been paid in full. Ownership of the goods is not transferred to the Customer until the purchase price has been paid in full.
 

8. Special Conditions for Teachers

8.1 Goods available only to teaching staff and requiring presentation of a school stamp must not be passed on by the Customer to a third party gratuitously or non-gratuitously until three years have passed after receipt of the goods.

8.2 The Customer undertakes to inform the third party accordingly about the scope of the rights of use.
 

9. Warranty and Liability

9.1 Unless otherwise agreed below, the Publisher is liable for material defects and defects of title according to the pertaining legal stipulations, in particular §§ 434 and following of the German Civil Code (BGB). The period of limitation for statutory claims for defects is two years. The warranty obligation is 12 months for goods delivered by the Publisher to businesses. The period of limitation begins with the delivery of the goods.

9.2 The Publisher assumes liability for slight negligence in the case of a breach of essential duties only, i.e., of obligations, the fulfilment of which makes proper execution of the contract possible in the first place and the observance of which the Customer regularly trusts and is entitled to expect. In the case of a breach of such duties, the liability of the Publisher is limited to such damages as are typical and predictable. Any liability for slight negligence is otherwise excluded. The above limitations of liability do not apply to damages that arise from a breach of warranty or from injuries to life, limb or health; or intent or gross negligence.

9.3 The stipulations of the German Product Liability Act remain unaffected.

 

III. Digital Content

1. Preliminary Remark

1.1 The Publisher offers in its Online Shop digital content such as downloads and “Browse the Book”. This digital content is subject to the following special regulations, overriding the remaining regulations in these GTCs.

1.2 The content of the “Browse the Book” offer is for the purpose of demonstration only, provided nothing else is stated in this regard. Permanent (i.e. extending beyond the storage in the memory) storage, reproduction, forwarding, or public or scholastic presentation of the contents is therefore generally prohibited.
 

2. Contractual Conclusion

2.1 The Customer can select the goods in the Online Shop and gather these in the virtual shopping basket using the "Order" button. In the shopping basket, the Customer can also check his or her product selection and other information for errors and correct these if necessary. By clicking on the "Buy now" button, the Customer submits a binding offer to purchase the goods designated in the shopping basket. However, his or her order can be submitted and transmitted only if he or she has confirmed that he or she acknowledges and accepts the GTCs of the Publisher and the revocation instruction, and that these have become a component of his or her offer, by clicking on the corresponding check box.  The Publisher can accept this offer by activating the download link.

2.2  If a contract becomes effective, the Customer receives a contract confirmation by e-mail containing the contractual content. 
 

3. Prices

3.1 If the Customer is a consumer as defined by § 13 BGB, the end prices contained in the Online Shop include the respectively valid rate of VAT in the case of orders of digital content.

 

4. Right of Revocation

4.1 As a consumer within the meaning of § 13 German Civil Code (BGB), you are entitled to the following right of revocation:

Revocation Instruction

Right of Revocation

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days starting from the date of contract conclusion.

To exercise your right of revocation, you must inform

Ernst Klett Sprachen GmbH
Rotebühlstraße 77
70178 Stuttgart

Tel.:* +49 (0) 711 66 72 1555
Fax:* +49 (0) 711 66 72 2065

E-mail: contact klett-sprachen.de

* Your phone provider's standard phone charges will apply.


 

by means of a clear declaration (e.g., a letter sent by post, a fax or an e-mail) of your decision to revoke this contract. You may, but are not obliged to, use the attached template revocation form for this purpose.

To comply with the terms of the revocation period, it is sufficient to send your notice of exercising your right of revocation before the revocation period expires.

Consequences of Revocation

If you revoke this contract, we are required to reimburse all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from your decision to choose another method of delivery other than the most economical standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive your notice of revocation of this contract. We will use the same means of payment for this refund as the one used by you in your original transaction, unless we have expressly agreed another means with you. Under no circumstances will fees be charged to you because of this refund.

 

End of Revocation Instruction

 

4.2 The right of revocation is invalidated for contracts:

Concerning the delivery of digital content (e.g. downloads, e-books) that does not exist on a tangible data medium if we have already begun the execution of the contract after you

- have expressly consented to us beginning with the execution of the contract before the revocation period expires and

- you have confirmed your acknowledgement that your right of revocation expires upon the beginning of the execution of the contract with your consent.

 

5. Warranty / Liability

5.1 The Publisher assumes no warranty or liability for the permanent electronic availability of electronic content as limitations may arise due to technical requirements. Interruptions in the quality of Internet access and of the data communication on the Internet due to force majeure and events for which the Publisher is not responsible and which make its services considerably more difficult or impossible will not constitute a basis for claims for damages due to non-availability.

5.2 The Publisher reserves the right to change, update, modify, block or delete the digital content at any time and without prior notice. This context constitutes no basis for claims against the Publisher. The Customer bears the risk of loss after purchase as well as of loss of the digital content including loss due to a computer or hard drive failure. The Publisher accepts no liability for damages sustained by the Customer from transmitting, storing or using digital content of any kind.

5.3 In all other respects the Publisher is liable for material defects and defects of title according to the pertaining legal stipulations, in particular §§ 434 and following of the German Civil Code (BGB).

5.4 The stipulations of the German Product Liability Act remain unaffected.

 

 

IV. Software Use and Licence Provisions

1. Preliminary Remark

These licence conditions apply as a supplement to the GTCs for delivering goods (see II. Delivery of Goods on this subject) and the GTCs for downloads (see III. Downloads on this subject). Insofar as this contractual content refers to software, the stipulations in this section supersede the general regulations in the preceding sections concerning the same regulatory content.


2. Granting of Use Rights

Upon contract conclusion relating to software delivery (independent of the storage medium), the Customer is granted a permanent, non-transferable and non-exclusive right to use the software forming the contractual content restricted to the subsequently described use. All usage rights not expressly listed there remain with the Publisher as the holder of all property rights.
 

3. Scope of Usage Rights

3.1 With the delivery, the Customer acquires the right to use the software supplied to him or her in a contractually compliant scope not restricted by time. The Customer undertakes to use the software only for his or her own purposes and not to cede it to third parties either gratuitously or non-gratuitously. The software may be used only by one person per licence, however not simultaneously on two or more computers by different persons simultaneously.

3.2 The Customer has the right to install and use the software on a hard drive, and if appropriate to make a back-up copy of the received data carrier; the back-up copy however must not be used simultaneously with the original version.

3.3 The Customer is not entitled to create software copies if these copies are not for data back-up purposes and are also used for these other purposes only. Moreover, the Customer must not reproduce the software components, supplied images, manuals, accompanying texts as well as the documentation belonging to the software by way of photocopying or microfilming, electronic back-up or other procedures; distribute, market, rent the software and/or the associated documentation; grant third parties sub-licences to this or make this available to third parties in another manner or make them publicly available.

3.4 The Customer is not entitled to pass on to third parties access data and/or passwords for the product and/or for goods in the context of the product. The Customer is not authorised to change, modify, adjust or decompile the software and/or associated documentation in whole or in part, insofar as this extends beyond the limits of §§ 69d Para. 3, 69e German Copyright Act. It is prohibited also for the Customer to alter copyright notices, characteristics/trademarks and/or property notices of the issuer relating to programs or documentation material. The Customer does not have the right to edit or re-arrange the work.

 

V. Data Protection

On its website www.klett-sprachen.de, the Publisher observes the stipulations of the German Data Protection Act, German Telemedia Act and further relevant and applicable data protection provisions. Data from visitors to this website is collected and processed only within the realms of what is required for processing contracts. Processing of personal data on the part of the Customer includes saving, altering, transmitting, blocking and deleting this data. For more information, please see our Privacy Policy.


 VI. Settlement of disputes

1. We as Ernst Klett Sprachen GmbH do our best to reach a good understanding with our customers. However, should there still be any problems, please be so kind as to be in touch with our customer service: by phone +49 7 11 · 66 72 15 55 or via contact klett-sprachen.de. This does not affect your statutory rights. You are not obliged to contact our customer service.

2. An internet platform for online dispute resolution is offered by the European Commission:  www.ec.europa.eu/consumers/odr. This platform can be used to reach an out-of-court settlement. Our E-Mail is: contact klett-sprachen.de.

3. Ernst Klett Sprachen GmbH does not participate in dispute resolution proceedings before a dispute resolution body for consumers. Participation in any settlement of dispute at a consumer arbitration board is not obligatory.

 

VII. Concluding Provisions

The law of the Federal Republic of Germany is used for contracts between the Publisher and you with the exclusion of UN Sales Law (CISG - Convention on the International Sale of Goods). If you are a consumer, and your main residence is in an EU country other than Germany, and you have no address in the Federal Republic of Germany, the mandatory consumer protection rules of the EU country of your main residence still apply.

 

Service

Tel.: 0711 / 66 72 15 55

Unsere Servicezeiten:
Mo. bis Sa. 8.00 - 20.00 Uhr
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