General terms and conditions
§ 1 Scope of application
The General Terms & Conditions below apply exclusively to the order concluded between WSB publishing, Inc. and the online shop customer and are valid at the time of the order. WSB publishing, Inc. shall exclude any other terms for the customer which deviate from these Terms & Conditions, unless WSB publishing, Inc. has expressly approved the validity thereof in writing.
§ 2 Conclusion and Cancellation of the order
WSB publishing, Inc. is obliged to accept the order of the online shop customer under the terms of the website. WSB publishing, Inc. shall be entitled to cancel the contract in case of typing errors, printing errors and miscalculations on the website.
The customer may cancel the order by writing (also by email) or by returning the goods in their original package within two weeks. If the value of the order exceeds 100 USD, WSB publishing, Inc. shall refund the shipping costs. Please note that if necessary, WSB publishing, Inc. may retain the costs of any depreciation in value of the product arising from the use.
§ 3 Delivery
Unless otherwise agreed, delivery shall be made from the warehouse to the shipping address specified by the customer of the online shop. Details of the delivery time are non-binding, insofar as the delivery date has not been otherwise agreed. The goods are transferred by WSB publishing, Inc. to a third party provider for dispatch. Claims relating to unreceived deliveries may only be placed with 14 days from the order date.
§ 4 Renewal and Payment, Default
The purchase price is due for payment immediately after the order is placed. The customer may pay the purchase price by credit card (PayPal) or by invoice. Should the customer fail to pay this purchase price by the due date, novum publishing shall be entitled to demand interest on late payments of 5% of the order total. In case WSB publishing, Inc. can demonstrate that they incurred a higher level of losses due to late payment, WSB publishing, Inc. shall be entitled to assert a claim thereto.
§ 5 Offset and Retention
The online shop customer shall only be entitled to offset claims if the counterclaims thereof have been established in a court of law or have been admitted by WSB publishing, Inc. Further to this, he is only authorized to assert a right to retention insofar as his counterclaim is based on the same contract.
§ 6 Retention of title
The delivered goods remain the property of WSB publishing, Inc. until all existing claims against the customer have been settled.
§ 7 Liability for defects
In case the purchased item exhibits a defect for which WSB publishing, Inc. is liable, the customer of the online shop may demand subsequent repair or replacement. In case WSB publishing, Inc. should not be in the position or not prepared to render subsequent replacement due to the principle of proportionality or should this replacement be subject to undue delay beyond a reasonable timeframe for reasons for which WSB publishing, Inc. is liable, or should subsequent replacement not be rendered in any other way, the customer shall be entitled at his own discretion to demand a corresponding reduction of the purchase price or the withdrawal from the order.
Unless otherwise stated in subsequent clauses, any further claims of the customer – irrespective of the basis in law thereof – are excluded. WSB publishing, Inc. therefore assumes no liability for losses which arise from the delivered item itself; in particular, WSB publishing, Inc. shall not assume any liability for lost profits or other material losses incurred by the customer. Insofar as the liability of WSB publishing, Inc. is excluded or limited, this shall also apply to the personal liability of its employees, agents and persons involved in the performance of the obligations thereof.
The aforementioned limitation of liability shall not apply, insofar as the cause of the losses should be based upon willful intent or gross negligence or insofar as there may be injury to persons.
Unless WSB publishing, Inc. is in breach of a contractual obligation due to negligence, the liability to pay damages shall be limited to the damages which arise naturally.
The statute of limitations is twenty-four months, beginning from the date of delivery.
§ 8 Data protection
WSB publishing, Inc. protects private data transferred by the customer. WSB publishing, Inc. shall not place any personal information of the customer at the disposal of any other party for the use thereof. WSB publishing, Inc. shall not preclude the analysis and enhancement of the customer database by trusted third parties.
§ 9 Applicable law
The place of delivery and place of jurisdiction for all claims arising from this contract shall be the city of Fort Myers. The competent court in Fort Myers shall be the exclusive place of jurisdiction for any disputes which may arise from this contract. This contract shall be governed by the law of the United States.