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Terms & Conditions Lichtweltverlag
1.0 GENERAL TERMS
1.1. The general terms and conditions apply to all orders and contracts, that we, Lichtwelt Verlag – JJK OG, as business owner and contractor with exclusive use of one or more means of communication, such as written letter, telephone, fax, e-mail or a web-site form, close with a consumer, that is a customer. Differing conceptions and requirements of the customer will only be accepted with our express written consent and confirmation.
1.2. The distribution of our newsletter per e-mail and „Perlen der Woche“as an SMS and/or e-mail is free of charge to our subscribers. Cancelation of the subscription, on the part of the customer, is possible at any time and will be honoured by Lichtwelt Verlag immediately, or within 14 working days. Lichtwelt Publishing Company reserves the right to cancel the distribution of a newsletter and „Pearls of the Week“ to individual subscribers, or to terminate the service completely.
2.0 THE SELLER
The seller is Lichtwelt Verlag – JJK OG, 1080 Vienna, Albertgasse 49/13+14, Austria; registration number FN 334844 v, Telephone +43 (1) 944 65 09
3.0 RETENTION OF TITLE
Lichtwelt Verlag JJK OG remains the owner of the object of purchase until payment has been made to us in full. Should a third party wish to seize the object of purchase due to collection or insolvency proceedings, the customer must immediately inform the seller in writing and make the third party aware of the ownership of the seller.
4.0 CONCLUSION OF CONTRACT
A customer’s order is considered a binding offer upon the completion of the purchase agreement for the goods ordered. The purchase agreement comes about in that the seller of the order either expressly accepts the order or meets the order by actually sending the ordered goods, in each case within 14 days of the order being received by the seller. After this time period the contract is regarded as null and void and the customer is no longer bound to the purchase agreement.
5.1. All prices include Value Added Tax as well as all other charges and surcharges (gross prices).
FOR BUYERS FROM THE EU:
“From 1.1.2015 changes in EU legislation on taxation of digital products (eBooks) have been enacted. So far the value added tax (VAT) included in the purchase price was calculated based upon the country in which the seller has its seat. From 1.1.2015 the VAT included in the purchase price is determined on the basis of the EU country in which the purchaser resides. Therefore you will receive after you have paid (except Austrian buyers) in due course via email a VAT invoice showing the valid VAT for digital products (eBOOKS) for the EU country of your permanent residence. The gross amounts on the homepage and in the webshop will not be changed due to the above.”
VAT rates for digital products (eBOOKS) valid as of July 1, 2014:
* 3%: Luxemburg
* 5,5%: France
* 18%: Malta
* 19%: Germany, Cyprus
* 20%: Austria, Bulgaria, Estonia, Slovakia, United Kingdom
* 21%: Belgium, Czech Republic, Spain, Latvia, Lithuania, Netherlands
* 22%: Italy, Slovenia
* 23%: Greece, Ireland, Poland, Portugal
* 24%: Romania, Finland
* 25%: Denmark, Croatia, Sweden
* 27%: Hungary
5.2. The sending of our newsletter and „Pearls of the Week“ is free of charge (see point 1.2)
5.3. The purchase price for the ordered products is determined and arranged by the current prices on our website or in our brochure, price list, etc. We have the right to withdraw from the contract due to exchange rate fluctuations of over 5% or in the event of misspellings, misprints and/or miscalculations and as a result of price changes on the part of our delivery agents and distributors.
5.4. The delivery freight costs to the customer’s address are not included in the price. This will be added and reflected separately.
Price examples for Austria:
Up to 0,5 kg €1,50
Up to 1,0 kg €2,50
Up to 2,0 kg €3,50
Up to 4,0 kg €4,50
Up to 8,0 kg €6,50
5.5. By orders of several articles, the applicable packaging costs, excluding the processing fees, will be charged directly to the customer and the corresponding freight costs of our delivery service apply.
5.6. If you pay by cash on delivery (only in Austria) the cost of registered mail of €2,10 and the cost of the cash on delivery of € 3,50 will be added to the freight costs. These charges are not dependent on the value of the purchase.
6.1. The ordered products will be delivered from stock by means of normal transportation. The choice of means for delivery of the goods, such as postal service, trucking company, private delivery service etc., to the address provided by the customer is based exclusively on the choice of the seller.
6.2. The customer will be informed immediately if the goods ordered are not available. In this case the seller may withdraw from the contract. Any demands by the customer regarding the seller’s inability to honour the contract are null and void. The seller will process the orders as soon as is possible, or within 30 days. Should any unforeseen difficulties arise within this time period (for example the necessity to procure an ordered product), the delivery, may exceed 30 days.
6.3. Hazards and risks are transferred to the customer as soon as delivery of the purchased items transpires.
6.4. Overseas deliveries is only possible with advance payments. This can be made by bank transfer or via PayPal upon receipt of an invoice.
7.0 RIGHT OF WITHDRAWAL
7.1. In the event of delivery problems on the part of the delivery agent commissioned by the seller, the seller has the right to withdraw from the contract. The customer will be informed immediately of such a cancellation.
7.2. The customer can, in principle, withdraw from a long distance transaction contract within seven days or revoke a contractual declaration made over a long distance transaction within seven days, whereby Saturday does not count as a business day. The time period commences the day the customer receives the purchased product. A timely dispatch of the withdrawal or cancellation declaration is sufficient to meet the deadline. This should occur in the same way as the contractual declaration or the offer to complete a contract (see Point 4 above).
7.3. In the event of a withdrawal by the seller, the seller will return payments made by the customer to the customer.
7.4. In the event of a cancellation by the customer, the customer must immediately return the received goods and is obliged to pay the company an appropriate fee for the use of the goods, including compensation for the possible reduction of the value of the goods. The taking over of services into the possession of the consumer is in itself not to be regarded as a reduction in the value of the goods. The customer is not entitled to a lien. Furthermore, the customer is responsible for payment of all costs involved in returning the purchased goods.
7.5. A right of withdrawal shall also apply to any audio or video recordings, which have been downloaded from our website or which were delivered to the specified delivery address of the buyer and which have been opened up by the user.
7.6. Return policy (for customers from Germany )
You may return the goods without giving reasons within by returning the goods. The time limit starts after receipt of this instruction in text form ( eg letter , fax, e – mail), but not before receipt of the goods. Only if not shipped by parcel ( e.g. bulky goods) you may declare the return by a written return request . To enjoy the revocation period it is sufficient to send back the purchased goods or the withdrawal request . In any case, the return is at our expense and risk . The return or the return request must be sent to: Lichtwelt Verlag JJK OG , Albertgasse 49/13 +14 , 1080 Vienna / Austria
Consequences of return
In case of an effective return the mutually received benefits are to be returned and any already obtained benefits ( e.g. usage advantages) to be returned . In case of deterioration of the purchased goods, compensation can be claimed. This does not apply if the deterioration is exclusively due to its inspection – as it would have been possible in a store . In addition, you can avoid the obligation to pay compensation for a deterioration of the goods by not using the goods as your property and omitting everything, which could impair its value . Obligations to reimburse payments must be fulfilled within 30 days . The period starts for you with the date of dispatchment of the goods, for us with the date of receipt.
“At the end of the return policy ”
8.0 PAYMENT AND DUE DATE
8.1. The customer can choose between the following means of payment:
+ Bank transfer in advance.
8.2. The customer shall pay the purchase price, without any charges or deductions, forthwith. Compliance with any occurring foreign exchange regulations is required. Bill of exchange fees must be borne by the customer. An off-setting of claims by the customer against the seller is not permitted.
8.3. For deliveries to Switzerland (www.tares.ch) including other countries outside the EU, the custom regulations of the respective country applies. The import sales tax and the customs clearance fees are borne by the customer.
9.0 LIABILITY AND WARRANTY
9.1. Defective merchandise is to be returned by the customer immediately. The liability for any defects in the goods is governed by the legal warranty regulations. The seller is entitled to exchange or replace the defective goods. A claim for a reduction in price can only be made after a reasonable period to make improvements has proven futile and has expired. For further claims, particularly claims for damages of any kind (consequential damages), including loss of profit, damage caused by delay, etc, the seller is liable only in the event of intent or gross negligence.
9.2. The seller assumes no liability for technical interruptions in the operation of the web-shop. He also reserves the right to discontinue the operation at anytime; this however does not affect contracts that have already been properly processed. The use of the website takes place at your own risk. The seller does not guarantee permanent availability, nor is there warranty for the published articles, offers or services regarding their accuracy, completeness and functionality. The warranty is based on statutory provisions. Any liability for damages incurred, either directly or indirectly, from the use of this website, is excluded.
This website and the associated services are conducted with the utmost care, reliability and availability. Nevertheless, due to technical reasons, it is not possible that services are available without interruption, that the desired connections can be made at all times, or that stored data can be saved under all circumstances. Permanent availability can therefore not be guaranteed. IP connectivity to other network providers is subject to capabilities. Any liability for problems which originate in the network of a third party is excluded. The use of other networks is subject to the Terms and Conditions of use of the respective provider. Limitations and interruptions can occur as a result of force majeure, strikes, restrictions in the services of other networks, or due to repair and maintenance. In the event of such occurrences, no liability exists.
9.3. The seller is also not liable for the content of the purchased goods, particularly the formal and contextual accuracy or legal correctness of the contained statements, texts, pictures, sound or video recordings, recipes, instructions, etc.
9.4. This disclaimer applies – as per legal authorisation – also for any liability according to PHG as well as claims against staff, employees or agents of the seller.
9.5. There is no promise of a “wonder cure” in any of our goods or for any service that is sold by us.
All products that are offered by the Lichtwelt Verlag, serve human well-being, however they do not replace a doctor’s diagnosis or therapy. The Verlag cannot be held responsible by anyone who directly or indirectly experiences any loss or damages, or be made liable for damages incurred by the use of these products.
10.0 COPYRIGHT (RIGHTS OF THIRD PARTIES)
10.1. Alle Inhalte auf dieser Website sind urheberrechtlich geschützt. Logo, Texte, Bilder, Grafiken, Sound, Animationen und Videos unterliegen dem Schutz des Urheberrechts und anderer Schutzgesetze. Der Inhalt darf nicht zu kommerziellen Zwecken kopiert, verbreitet, verändert oder Dritten zugänglich gemacht werden. Jede Nutzung, insbesondere die Speicherung in Datenbanken, Vervielfältigung, Verbreitung, Bearbeitung und jede Form von gewerblicher Nutzung sowie die Weitergabe an Dritte – auch in Teilen oder in überarbeiteter Form – ohne Zustimmung des Betreibers bzw. des Urhebers ist untersagt.
10.2. Der Kunde nimmt zur Kenntnis, dass am Kaufgegenstand Rechte Dritter, insbesondere Urheberrechte und sonstige Immaterialgüterrechte bestehen. Er verpflichtet sich, den Kaufgegenstand nur im Rahmen des vertraglich und/oder gesetzlich Erlaubten zu verwenden und allfällige Lizenzbedingungen strikt einzuhalten. Dies gilt insbesondere für sämtliche Texte, Bücher und Sprachwerke einschließlich Bild- und/oder Tonträger.
11.0 ADVERTISING AND DATA PROTECTION
The customer grants his consent to automated processing of personal data (such as name, address, e-mail address, etc). The compliance with applicable legal regulations concerning protection of privacy is a matter of course for us. If the user uses a personalized or interactive service, we may use the personal information only within our company. Data will not be disclosed to third parties, unless it is necessary to fulfil the contract. No data will be disclosed until express consent to do so has been received. We appreciate the trust that you put in us, and take the utmost care to protect your personal information. You have the right to be informed of what data has been collected and also have the possibility to request deletion of your data.
12.0 PLACE OF PERFORMANCE, APPLICABLE LAW, PARTIAL INVALIDITY
12.1. Place of Performance is Vienna; Austrian law applies (excluding conflicts of law rules)
12.2. Should any of the provisions of these General Terms and Conditions be in conflict with legal regulations or be null and void, all other remaining provisions shall nevertheless retain their effectiveness.
In the case of links to further online-offers we do not assume any liability for the content, functionality or availability of the linked website(s). This also applies to all other direct or indirect references and links to other internet offers. Links to this website are welcome if they are featured as an external link in a separate browser window. An adoption of the main window into the frame of the linking is not permitted. Should a website, to which we are linked, contain illegal content, we ask that you please inform us and the link will be removed immediately.