General Business Terms and Customer Information

I. General business terms
§ 1 Basic conditions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Gabriele Publishing House-The Word LLC) via the gabriele-publishing house.com. Unless otherwise agreed upon, the inclusion of your own conditions is ruled out.

(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the sale of products.

(2) On placing the product in question on our website, we provide you with a binding offer to conclude a purchase agreement subject to the conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data, selection of payment and shipping conditions, all order information is then displayed on the order summary page for your review.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Bank Wire Transfer) to make payment, you will be guided to either our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is completed, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the “place order” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

(4) You are not bound by your inquiries regarding the creation of an offer that has been conveyed by us. Thus, any offer made by us to an inquiry from you is not binding. We will supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(5) The processing of the order and submission of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you are advised to ensure the e-mail address you have provided us is correct, so that receipt of the respective e-mail is guaranteed. In particular, ensure that the respective e-mail is not blocked by a SPAM filter.

§ 3 Conclusion of the contract for download products

(1) The contract subject matter is the purchase of download products (digital content which is not supplied on a physical data carrier). In conjunction with setting up the respective download product on our website, we refer you to a binding offer associated with the conclusion of a purchase contract under the conditions specified in the product description.

(2) The purchase contract is concluded via the online shopping cart system as follows:
The download products to be purchased are placed in the ‘shopping cart’. The customer can use the respective button in the navigation bar to call up the ‘shopping cart’ and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment conditions have been entered, all the order data are displayed again on the order overview page.
If you used an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Bank Wire Transfer) to make payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider. If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.

Before the order is completed, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By using the “place order” button to send the order, you indicate your legally binding acceptance of the offer, which results in the conclusion of the purchase contract.

(3) You are not bound by your inquiries regarding the creation of an offer that has been conveyed by us. Thus, any offer made by us to an inquiry from you is not binding. We will supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(4) The processing of the order and submission of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you are advised to ensure the e-mail address you have provided us is correct, so that receipt of the respective e-mail is guaranteed. In particular, ensure that the respective e-mail is not blocked by a SPAM filter.

§ 4 Licence to use for download products

(1) All download products we offer are copyright-protected. You will receive a simple operating license for every download product purchased from us, unless otherwise specified in the respective description of the article on the website.

(2) The simple usage licence encompasses permission to save a copy of the download product on your computer or other electronic device for personal use.
You are not allowed to make any additional copies. You are expressly forbidden to modify or edit a file or any part thereof, to process it and make it privately or commercially available to external parties in any way whatsoever.

§ 6 Right of retention, reservation of proprietary rights

(1) You may practice a right of retention only to the extent that the claim results from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

§ 7 Liability

(1) We shall each be fully liable for damages arising from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, for the assumption of guarantee for the quality of the purchase object, for damages under the Product Liability Act and in all other cases regulated by law.
(2) Insofar as material contractual obligations are affected, our liability is limited to contractually typical and foreseeable damages in the case of slight negligence. Material contractual obligations are material obligations arising from the nature of the contract whose infringement, the breach of which would jeopardize the purpose of the contract, as well as the obligations, which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the due execution of the contract possible and compliance with which you may regularly rely on.

(3) In the case of an infringement of immaterial contractual obligations, liability is excluded in cases of slight negligence.

(4) There can be no guarantee on the basis of currently available technology that data communications on the Internet are error-free and/or available at all times. In this respect, the supplier shall not be liable either for the continuous or uninterrupted availability of the website and the service offered there.

§ 8 Choice of law, place of fulfilment, jurisdiction

(1) The United States of America, State of New Hampshire law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

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II. Customer information

1. Identity of the seller

Gabriele Publishing House – The Word LLC
PO Box 2221
Deering, NH 03244
USA
Telephone: +1 844 576 0937
E-Mail: mail@gabriele-publishing-house.com

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations “conclusion of the contract” in our general business terms (part I).

3. Contractual language, saving the text of the contract (purchase agreement)

3.1 Contract language shall be English.

3.2 The complete text of the contract (purchase agreement) is not saved with us. Before the order is sent, via the online – shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts (purchase agreement) and the general business terms are re-sent to you via e-mail.

3.3 For quotation requests outside of the online shopping basket system, you will be sent all contractual information within the framework of a binding offer in written form, via e-mail for example, which can be printed out or saved electronically in a secure manner.

4. Main features of the product or service

The key features of the goods and/or services can be found in the respective article description quote and supplementary information on our website.

5. Prices and payment method

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

5.2 The shipping costs are not included in the purchase price. They can be viewed by clicking the appropriate button on our website, in the respective quote, and are shown separately over the course of the order transaction. The shipping costs must be borne by you, insofar as free shipping is not confirmed.

5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective product description.

5.4 Unless otherwise specified by the respective payment methods, payment arising from the contract that has been concluded become payable immediately.

6. Delivery Conditions

6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

7. Statutory warranty right

7.1 Legal regulations apply.

7.2 As a user, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

These Terms and Conditions and Customer Information were created by the specialized law jurists on IT of the Dealers Association and are permanently checked for legal conformity. The Dealers Association Management AG guarantees the legal compliance of the texts and is liable in the event of warnings. You can find more information under: haendlerbund.de/agb-service

last update: 23.01.2017

Spain