General Terms of Business (GTB)

§ 1 Applicability

(1) All services provided by Lubok Verlag for the client are effected only on the basis of the present General Terms of Business (hereafter referred to as GTB) in the version valid at the time of order. Purchasers GTB which are adverse or divergent to ours are not accepted except if we expressly agreed to their validity in writing. Our GTB apply even if with knowledge of adverse or divergent GTB we effect the delivery to the purchaser implicitly.
(2) The GTB apply to all business transactions of Lubok Verlag as well as for all goods and services provided on the website www.lubok.de and the corresponding subsites.
(3) Consumer within the meaning of the present GTB is every natural person concluding a transaction with us that not attributable to its commercial, professional or self-employed activities (§ 13 BGB). Commercial buyers or retailers within the meaning of the present GTB are all natural or legal persons or entities which act on concluding a transaction with us in pursuance of their profession (§ 14 BGB).
(4) Your contractual partner is in any such case as you order goods or services on the website www.lubok.de and the corresponding subsites the Lubok Verlag represented by the holder Christoph Ruckhäberle, Flossplatz 8, D-04107 Leipzig.

§ 2 Conclusion of contract
(1) The supplies of Lubok Verlag on the Internet as well as in the print catalogue constitute a non-committal request to the costumer to order goods from Lubok Verlag. The unavailability of an article does not constitute a claim of the purchaser against us.
(2) With the order of the requested goods the purchaser submits a binding offer for the conclusion of a purchase contract.
(3) Lubok Verlag is entitled to accept the offer within 10 calendar days through transmission of a confirmation of order. The confirmation of order is transmitted via email, fax or mail. Lubok Verlag is entitled to declare the acceptance of the offer also in compelling form like the consignment of the ordered goods.

§ 3 Terms of delivery
(1) The delivery of goods takes place only as long as supplies last. In case that goods are out of stock at the time of order the costumer will be informed instantly. The unavailability of an article does not constitute a damage claim of the purchaser against us.
(2) Lubok Verlag delivers directly from its residence in Leipzig. The delivery occurs through forwarding of the good from stock to the address informed by the customers. The period of delivery within Germany should be 3 working days after transmission of the confirmation of order. This information is non-binding, as far as nothing else is agreed.
(3) We reserve the right to supply you using the most favorable shipping method.

§ 4 Reservation of proprietary rights
The goods ordered remains the porperty of Lubok Verlag until total payment has been made. Before transfer of ownership, the customer is not entitled to pledge, assign as security, process or redesign the item without explicit consent of Lubok Verlag.

§ 5 Pricing
(1) The quoted prices are to be understood as final prices including the statutory German VAT plus delivery costs. The price valid at the time of the submission of the offer by the costumer is applicable for the billing. The quota of VAT will be notified on every invoice.
(2) The delivery to costumers and retailers (incl. book trade) within Germany is free of charge. Deliveries will take up to 7 days after receipt of the order confirmation.
(3) The delivery to costumers within the EU is charged with 7,50 Euro incl. VAT. The delivery to retailers (incl. book trade) within the EU is charged according to individual agreements. Deliveries to countries within the EU will take up to 20 days.
(4) Shipping costs to foreign countries will be calculated at the moment of delivery insofar that no deviant delivery costs or a free delivery are stated explicitly in the supply offer. The shipping costs result from the supply offer you have chosen and are subject to individual agreements. Deliveries to countries outside the EU may vary widely depending on the destination country and the type of postage. Delivery may take up to 30 days.
(5) The book trade and reseller discount is in general 30%. Quantity discounts in form of additional books cannot be allowed except where special arrangements are made.
(6) The prices for books are subject to the Fixed Book Price Law. The valid retail price that Lubok Verlag predetermined is applicable, insofar as it is already specified at the time of conclusion of contract. In all other cases the retail price is applicable that is valid at the time of delivery. We reserve the right to change prices as consequence of print errors or faults.

§ 6 Conditions of payment
(1) Payment entitlements in full become due on dispatch of the order unless otherwise stated. If the payment is not made within 30 days after the receipt of the invoice the customer enters default.
(2) Unless otherwise stated the payment is made by bank transfer. Please only pay upon receipt of an invoice.
(3) In case of late payment default interest at the legal rate of 8 % above the basic rate of interest can be charged.
(4) Lubok Verlag reserves the right to charge a flat fee of 3 Euro plus postage costs for each payment reminder required.

§ 7 Notification of defects and warranty
(1) In case of apparent damage of the parcel the customer has to carry out a complaint to the carrier immediately and inform Lubok Verlag about it.
(2) The customer ist obligated to examine the product immediately after the arrival and to inform Lubok Verlag in case of detecting a defect. Defects occurring afterwards must be indicated to Lubok Verlag as soon as they are discovered. Neglecting to inform about a possible defect leads to acceptance of the goods.
(3) The customers claims for defects against Lubok Verlag are determined by the applicable provisions of the law of the Federal Republic of Germany, especially §§434 ff BGB.
(4) Deliveries with founded complaints may be returned within 14 days. Immediately upon receipt of goods we will reimburse the purchase price and the return fees to the account you designated. Please send the goods in its original packaging and via same method shipped. Additionally arising return costs, as for express or overnight shipping are not refunded.
(4) Damage to the goods that the customer has caused by improper handling or handling contrary to the terms of the contract during setting up, display or storage as well as damage which is due to natural wear are no objects of claims against Lubok Verlag.
(5) Surface irregularities especially with the original graphic books that are the result of the exceptional production process don't establish any warranty claim.

§ 8 Right of revocation for customers
(1) You may revoke your contract within two weeks without giving any reasons. You can either cancel in writing (i.e. letter, fax, e-mail), or - if the item is placed at your disposal prior to the expiry of this period - by sending back the good. The grace period for revocation begins earliest upon receipt of the goods and this notification by the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before we have met our information duties and other duties as defined by Civil Code (article 246 § 2 in conjucntion with § 1 para. 1 and 2 EGBGB as well as § 312e para. 1 sent. 1 BGB in conjunction with article 246 § 3 EGBGB.). To keep the period it is enough to forward the goods or the demand of withdrawal in time.
(2) Revocation and return have to be addressed to: Lubok Verlag Christoph Ruckhäberle Flossplatz 8 D-04107 Leipzig Fax: +49 341 9999890 E-Mail:order@lubok.de
(3) Effets of the revocation In the case of valid revocation the both parties must return any commodities and any advantages resulting from said commodities (e.g. interest). Should the customer not be able to return the goods or only return them partially or in a deteriorated condition then the customer will be obligated to value replacement.In the case of the item being delivered, this only has validity in as far as the deterioration of the item exclusively results from its inspection such as would be the case in a store, for example. For the rest, you may avoid any duty to provide compensation for any deterioration of the goods caused by the intended use, by not using the goods as your own property and refraining from all actions that may affect its value. Goods capable of being sent by parcel post should be returned to us at our risk. You have to bear the costs of the return if the deliverd goods conform with the ordered one's and if the price of the returning goods do not exceed an amount of 40,00 Euros. You also have to pay for the return although the price exceeds 40,00 Euros, when you have not reciprocated or performed a partial payment as contracted at the time of the revocation. Otherwise, the return shipment shall be free of charge for you. Goods that cannot be sent as parcels will be picked up by us. Obligations to refund payments must be met within 30 days. For you, the period begins upon dispatch of your statement of revocation or of the goods, for us, upon reception thereof.
(4) The right of revocation expires prematurely if the contract has been completely fulfilled by both sides at you express request before you exercised your right of revocation. This is for exemple the case where you have made a payment on purchasing an ebook or another product offered for download and received the product through download (End of the revocation notice)

§ 9 Right of return for the book trade
(1) Prior to the return of books (remission) you are obliged to obtain Lubok Verlags approval. Lubok Verlag reserves the right to refuse remissions if the are unauthorized.
(2) Returns must be sent carriage paid in principle.
(3) Unless expressly otherwise agreed remissions have to be addressed to: Lubok Verlag Christoph Ruckhäberle Flossplatz 8 D-04107 Leipzig Phone/ Fax: +49 (0) 341 9999 890 E-Mail:order@lubok.de

§ 10 Liability limitations
(1) Lubok Verlag is liable only for damages, as far as these damages from wilful misconduct or gross negligence or from the violation of an essential contractual obligation attributable to us or to any of our employees or subcontractors.
(2) Further claims to compensation for damages shall be excluded. The regulations of the product liability law are not effected by this.
(3) According to the current state of the technology the data communication on the Internet not can be guaranteed perfectly and/or any time availably. Therefore Lubok Verlag is not liable for the all-time availability of the online-shop.
(4) Although all due care is taken with regard to content, we cannot accept any responsibility for the content of externally linked sites. Sole responsibility for the content of externally linked sites is borne by the operators of these sites.

§ 11 Data protection
All for the execution of the contract necessary data are stored in machine-readable form and are treated confidentially. Data will be passed on to companies retained for delivering ordered goods only to the extent that this is necessary for the complete order process. Lubok Verlag will not use customers’ data for the purposes of advertising, marketing research or opinion polls without their prior consent.

§12 Image copyright
All picture rights are owned by the artist/ the author or Lubok Verlag. Use of these without express permission is prohibited.

§ 13 Jurisdiction
(1) The place of jurisdiction will be Lubok Velags place of business, Leipzig.
(2) The laws of the Federal Republic of Germany shall apply to agreements between Lubok Verlag and the customer, excluding UN purchase law.

§14 Severability clause
Shall a single assignation of these general terms ans conditions considered unvalid, the effectiveness of the general terms and conditions for the rest shall be without prejudice.