of the TAC Verlag / Karl Wenning e. K.
§1 General - Scope of application
The seller within the meaning of these General Terms and Conditions (hereinafter referred to as GTC) is TAC Verlag / Karl Wenning e. K.
Consumers within the meaning of these General Terms and Conditions are natural persons who conclude legal transactions for a purpose which cannot be attributed to either their commercial or their independent professional activity.
Entrepreneurs within the meaning of these General Terms and Conditions are natural or legal persons or partnerships with legal capacity who, upon conclusion of a legal transaction, act in the exercise of their commercial or independent professional activity.
Customers within the meaning of these GTC are both consumers and entrepreneurs.
These General Terms and Conditions apply to all present and future business relationships.
Deviating, conflicting or supplementary terms and conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.
§2 Conclusion of contract
All offers of the seller are subject to confirmation. Technical changes as well as changes in form, colour and/or weight are reserved within reasonable limits.
By ordering goods, the customer bindingly declares that he wishes to purchase the ordered goods.
The seller is entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance may be declared either in writing or by delivery of the goods to the customer.
If the consumer places an order electronically, the seller shall confirm receipt of the order without delay. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This shall only apply in the event that we are not responsible for the non-delivery, in particular if a congruent covering transaction is concluded with our supplier.
The customer will be informed immediately about the non-availability of the service. Any consideration already paid will be refunded immediately.
If the consumer orders the goods electronically, the text of the contract shall be stored by the seller and sent to the customer by e-mail upon request, including the present General Terms and Conditions.
§3 Prices and price changes
The purchase price offered is binding. The purchase price includes the statutory sales tax (gross price).
Costs for separate packaging, insurance and other additional costs are not included in the offered prices. These costs will be invoiced separately upon dispatch of the purchased goods, unless otherwise agreed. The customer shall not incur any additional costs in the event of an order within the framework of distance contracts, i.e. by using means of distance communication.
If there are more than six months between the conclusion of the contract and the agreed and/or actual delivery date, the Seller's prices valid at the time of delivery or provision shall apply. If the latter prices exceed the initially agreed prices by more than 10%, the customer shall be entitled to withdraw from the contract.
§4 Payment of purchase price
The purchase price is due immediately. The seller expressly reserves the right to refuse cheques and bills of exchange.
The seller's invoices are to be paid without deduction of cash discount, rebate or similar price reduction, unless expressly agreed otherwise in writing.
The seller is entitled, despite conflicting provisions of the customer, to offset payments first against the customer's older debts. If costs and interest have already been incurred, the Seller shall be entitled to set off the payments in accordance with § 367 BGB first against the costs, then against the interest and finally against the principal claim.
The customer shall only be entitled to set-off if his counterclaims have been legally established or have been recognised by the seller.
The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
The consumer has to pay interest on the debt during his delay at a rate of 5 percentage points above the base rate. The entrepreneur shall pay interest on the monetary debt at a rate of 8 percentage points above the base interest rate during his default period. The seller reserves the right to prove and assert a higher damage caused by default against the entrepreneur.
§6 Deliveries and delivery times
Deliveries shall only be made in standard packaging.
At the customer's request, deliveries shall be insured in his name and for his account.
As long as the customer is in arrears with a due obligation, the seller's obligation to deliver shall be suspended.
§7 Passing of risk
If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the time of delivery.