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Standard Terms and Conditions
Section A - General Terms And Scope of Application
The following general terms and conditions are valid for all business relationships between us and the customer. Decisive is the version valid at the time of the conclusion of the relevant contract.
Consumers in the sense of these general terms and conditions are natural persons with whom business relationships are entered into without being able to assign any business or independent professional activity to them.
Enterprises in the sense of these general terms and conditions are natural or legal persons or private companies having a legal status with whom business relationships are entered into and who act practicing a trade or independent professional activity.
Customers in the sense of these general terms and conditions are consumers as well as entrepreneurs.
e-Books in the sense of these conditions are electronic documents in particular instruction manuals, guides, magazines and books in the formats Adobe Acrobat Reader, Microsoft Excel, Microsoft Reader, Microsoft Word, Rich Text or Text Format that may be downloaded - cost-free or liable to costs - from the sites of Killer Guides or its partners.
Divergent, non-conforming or supplementary general terms and conditions will not become, even if known, a component of the contract unless their validity was explicitly agreed upon in writing.
Section B - Conclusion of the Contract
Our offers remain not binding. Technical as well as other changes remain reserved within the framework of reasonableness.
When placing an order the customer bindingly declares his contract offer. If the consumer orders the goods electronically we will immediately confirm receipt of the order. This receipt confirmation does not present a binding acceptance of the order. The confirmation of receipt may be combined with the declaration of acceptance.
We are entitled to accept the contract offer included in the order within 3 working days upon receipt.
We are entitled to refuse the acceptance of the order, for instance upon examination of the customer's bank credit.
We are entitled to limit the order to the usual household quantity.
The conclusion of the contract takes place with reserves of non-performance or partial performance in case of incorrect or improper self supply.
In case of non-availability or an only partial availability of the performance/services the customer will immediately be informed. The compensation will immediately be reimbursed.
Section C - Retention of Title
In the case of contracts with consumers, we retain our property rights of the goods until the complete payment of the purchase price was settled.
In case of contracts with enterprises we retain our property rights of the goods until the complete settlement of all demands resulting from a current business relationship.
The customer is obliged to treat the goods with care.
The customer is obliged to immediately inform us about any third party access to the goods for instance in case of distraint as well as about any possible damages or the destruction of the goods. The customer has to immediately inform us about a change of ownership of the goods as well as of a change of his/her own residence.
In case of a customer's behavior contrary to the terms of this agreement, specifically in case of delay of payment or in case of violation of an obligation according to point 2 and 3 of this agreement, we are entitled to resign from the contract.
Section D - Remuneration
The offered price is binding for the consumer. If applicable, the price includes the legal sales tax.
In case of mail order purchase, the price is quoted plus the agreed upon transport cost flat rate.
The customer does not have to bear any additional costs by ordering via the use of any telecommunication media.
The customer is obliged to pay for the performance in advance.
The customer is only entitled to setting-off if his/her counter-claims were determined in a legally effective way or recognized by us.
The customer may only execute a right of lien of retention if his/her counter-claim is based on the same contract relationship.
Section E - Passage of the Risk
For consumers, the risk of the coincidental destruction and the coincidental deterioration of the sold goods is, also in case of a mail order purchase, transferred to the consumer as soon as the goods are handed over.
For enterprises, the risk of the coincidental destruction and the coincidental deterioration of the sold goods is transferred to the entrepreneur upon delivery, in case of a mail order purchase, as soon as the goods are delivered to the forwarding agent, carrier or other persons or institutions determined to execute the dispatch.
The delivery is on a par if the customer is in the delay receipt.
Section F - Guarantee
The consumers may choose whether any subsequent performance shall be executed by repair or replacement delivery. We are entitled to refuse the kind of the chosen subsequent performance if it shall only be possible with unreasonable costs and the other kind of subsequent performance shall remain without any considerable disadvantages for the consumer.
In case of entrepreneurs, we first provide guarantee for defects of the goods by either repair or replacement delivery.
If the subsequent performance shall fail, the customer may basically, on his/her choice, demand either reduction of the payment (reduction), cancellation of the contract (rescission) or compensation of damages instead of the performance. If the customer chooses compensation instead of the performance, the limitation of liability according to paragraphs H.1. and H.2. is applicable. In case of only insignificant defects/faults the customer does not have the right of revocation.
Entrepreneurs are obliged to report obvious defects/faults to us in writing within one week upon receipt of the goods; otherwise the assertion of the warranty claim shall be excluded. In order to comply with the term, the punctual dispatch is sufficient. The complete burden of proof for all claim conditions, especially the defect/fault itself, for the time of determination and for the due notification of a defect, lies with the entrepreneur.
The warranty period for consumers is two years upon delivery of the goods. The warranty period for entrepreneurs is one year upon delivery of the goods. In case of used goods the warranty period is one year upon delivery of the goods. The one year warranty period is not valid if we are reproached about serious fault as well as if we shall be responsible for any damages to the customer?s body or health or loss of the customer?s life. Our liability according to the product liability law remains untouched.
Section G - Limitations of Liability and Release
In case of slightly negligent violations of obligations our liability is limited to the foreseeable, contract typical, immediate average damage. This is also applicable for slightly negligent violations of obligations of our legal representatives or employees responsible for the performance.
For entrepreneurs, we do not assume liability in case of slightly negligent violation of insignificant contract duties.
The preceding limitations of liability do not concern the customer's claims from product liability. Also, the limitations of liability are not applicable in case of damages to the body or health of the customer or the loss of his/her life that we shall be held responsible for.
As far as we provide access to other websites by links we shall not be responsible for these third party contents. We shall not become owner of these third party contents. Provided that we shall obtain knowledge of illegal contents on external websites we will immediately block the access to these sites.
The customer relieves us from all disadvantages that may arise to us by any third party and that are caused by damaging actions of the customer - no matter whether intentionally or negligently.
The contents provided on our site do only serve as general, non-binding information. They shall not be used for the judgment of legal, medical, personal, financial or business-related facts and are not capable to replace a qualified consultation.
We do not examine and are not liable for products and services that are offered on our Internet sites by third parties. The customer is responsible for gathering information about any third party terms and conditions. Specifically, we do not assume responsibility for e-Books that are offered on our Internet sites by external editors.
Section H - Usage
When purchasing an e-Book the customer has the right to download it up to three times within 72 hours. For his/her own, private purpose, he/she is entitled to store it on up to three computers and create a written copy of it. The customer is not allowed to put its contents at any third party disposal whether in the Internet, in Intranets, in Extranets or otherwise. The customer is held responsible that no third party shall gain access to the e-Book, or any digital or written copies of it, which was purchased by him/her.
The form of the offered e-Books has to be retained. If available, references on the author, owner or other owners of rights, protection references, condition of usage and business conditions must not be removed.
The customer is not entitled to claim updates of purchased e-Books. If an e-Book shall become updated the customer has the possibility to download the updated version within two weeks upon publication. The customer is responsible to keep himself/herself informed about available updated versions on our Internet sites.
In case of any purchase or registration on our website, the customer is obliged to give truthful statements.
The customer is responsible for the security of his/her access data. He/she is obliged to immediately inform us about any known or assumed illegal usage of his/her access data.
Section I - Comments and Evaluations
On our Internet sites, the customers may express comments and evaluations on the purchased products. The transmitted contents must not be illegal, obscene, threatening, reviling or of any political or commercial nature. Furthermore, they must not violate privacy, trademark laws or copyrights and other third party rights; they must not contain viruses or spam and must not be sent under a wrong name.
The customer binds himself to not purposefully manipulate the evaluation system for products.
When publishing a comment, the customer agrees that we are allowed to make use of parts of or the complete comment without any financial compensation. This use is not limited by facts, time or place. This specifically includes the right to use the comments for advertising purposes. If the customer does not want his/her comments to be used, he/she ought to contradict.
The made comments must not contain commercial contents or advertisements of third party suppliers, no matter in which form.
Section J - Data Protection
The customer was fully informed about the kind, range, place and purpose of the inquiry, processing and usage of personal data that are necessary for the execution of orders. The customer was also fully informed about his/her right to object to the use of his/her anonymized user profile for the purpose of advertising, market research and the appropriate configuration of the service (see "data protection information").
The customer expressly consents to the inquiry, processing and usage of personal data. The customer is entitled to withdraw this consent at any time with effect for the future (please see "data protection right consent").
Section K - Violation of the Conditions of Use
If a customer shall violate our copyrights or trademark rights, specifically in the sense of paragraphs D.1. and D.2., we reserve the right to immediately and permanently block his/her access to all our services. In this case, the customer is not entitled to full or partial compensation of already paid amounts for not yet delivered services. This is also valid in case the customer shall willfully violate the conditions of Section I.
In case a customer violates our copyrights or trademark rights, a minimum contract penalty of USD 10,000.00 is determined. In case of any found violation a new billing period shall start every 14 days. Further legally established claims remain unchanged by this.
Section L - Final Clauses
The law of the Federal Republic of Germany shall be applicable. For consumers who do not conclude the contract for professional or trade purposes this choice of law is only valid as far as the granted protection is not withdrawn by urgent regulations of the law of the state in which the consumer has his/her usual residence.
The regulations of the UN purchase law are not applicable.
If the customer is a merchant, a corporate body or separate estate under public law the exclusive place of jurisdiction for all litigation from this contract is our registered place of business. This is also valid if the customer does not have a general place of jurisdiction in Germany or if his/her residence or usual address are unknown at the time of filing a suit.
The full or partial inoperativeness of one or several provisions of contract with the customer, including these general terms and conditions, does not affect the validity of the remaining provisions. This full or partial inoperative provision shall be replaced by a provision that best meets the economic aim of the inoperative provision.
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