General Terms and Conditions

for Goods and Services
of Feymedia Verlagsgesellschaft mbH

(Rev. March 2009)

1. Applicability
These General Terms and Conditions govern the legal relationships between feymedia verlagsgesellschaft mbh (referred to hereinafter as feymedia) and customers (referred to hereinafter as customers) who order or purchase goods and services directly from feymedia using any form of ordering, whether online, via telefax, or by mail.
“Customers” refers both to consumers (§13 German Civil Code) and to companies (§14 German Civil Code).
The customer’s counterparty in the context of these general terms and conditions is feymedia verlagsgesellschaft mbh.

2. Online shop
The online shop available through the feymedia website makes it possible to place an online order for the goods and services presented there. In a specific legal sense, the presentation of goods and services in the feymedia online shop does not constitute a binding offer, but rather an invitation to place an order. Only when the order has been accepted by feymedia—which must be expressly confirmed online—is the customer’s right to purchase the merchandise or service established.

3. Prices
The applicable value-added tax required by law is included in all prices for goods or services offered by feymedia.
Shipping costs are charged separately. The following flat rates apply:

BOOKS
* Within Germany: 6.95 euros (handling, shipping, and insurance)
* Other countries: 9.95 euros (handling, shipping, and insurance)

LIMITED EDITIONS
* Within Germany: 14.95 euros (handling, shipping, and insurance)
* Other countries: 24.95 euros (handling, shipping, and insurance)

4. Shipping
feymedia generally contracts with a shipping warehouse (operated by a partner) where the merchandise is stored for delivery of ordered merchandise. Merchandise is usually shipped within 2 to 5 business days. If the merchandise ordered by the customer cannot be delivered by the shipper in a timely manner, feymedia will notify the customer and provide the option of canceling the order. In this case, payments already made by the customer will be refunded.
The shipment method is determined by feymedia or the contracting shipper.

5. Payment
Payments for domestic orders are made by credit card or direct bank debit, at the customer’s election. Orders from other countries must be paid by credit card. Customer credit card information is transmitted in encrypted form in the online payment process. In this regard, feymedia assures the greatest possible technical security for the protection of customer data.
For direct bank debit, the customer is required to pay any and all costs incurred due to payment transactions returned for insufficient funds or due to other reasons for which the customer is responsible.
Merchandise remains the property of feymedia until paid for in full. The customer is prohibited from making any disposition prior to devolution of ownership.

6. Warranty claims and liability
1) Any and all warranty claims by the customer are fundamentally governed by the provisions of the German Civil Code (§§434 et seqq.) in their current version. Accordingly, if the delivered merchandise is defective the customer may demand supplementary performance or, if the conditions set forth in §437 items 2 and 3 of the German Civil Code are fulfilled, may rescind the contract or demand damage compensation.
2) Warranty claims by the customer become time-barred two years after delivery of the merchandise.
3) feymedia’s liability for any damages incurred in connection with the provision of goods or services is limited to cases of intent and gross negligence.

7. Customer’s right of revocation
1) The customer has the right to revoke the purchase contract without supplying a reason within two weeks after receiving the ordered merchandise. The revocation must be stated in writing, either by regular mail, telefax, or e-mail. Revocation may also be performed by returning the merchandise at the customer’s expense within the two-week deadline. To meet the deadline it is sufficient to send the revocation in a timely manner; for letters or postal mailings, the postmark date is applicable. When exercising the right of revocation, the customer is fundamentally required to return the merchandise.
The address for returns is: feymedia verlagsgesellschaft mbh, Kaiserswerther Strasse 115, 40474 Düsseldorf, Germany.
If damaged or used merchandise is returned which has been utilized beyond an appropriate intended degree, feymedia reserves the right to charge a reasonable amount of damages for the loss of merchandise value. In the event of sustained damage, particularly if utility value is severely reduced on account of the damage, feymedia has the right to demand reimbursement of the merchandise value. Any compensation rights will be set off against the purchase price that may have already been paid.
2) There is no right of revocation insofar as the supplied merchandise was produced to customer specifications or clearly tailored for the customer’s personal needs.
3) The right of revocation expires six months after conclusion of the contract, at the latest. If merchandise is supplied, the period does not begin before the date of receipt by the customer.

8. Final provisions
The legal relationships (see item 1) between feymedia and the customer are governed by and shall be construed in accordance with German law. In case of any disputes, the courts of Düsseldorf are agreed to have jurisdiction and venue to the fullest permissible extent.