Terms and Conditions
M. Müller & Sohn Shops (muellersohn.com)
E-mail: shop@muellersohn.com
Rundschau-Verlag, Otto G. Königer GmbH & Co. KG
Ohmstraße 15
80802 München
Germany
info@rundschauverlag.de
Executive Director: Gerrit Klein
I. Orders and Delivery Conditions
1. Merchandise can be ordered online, per fax, or by calling our Service Hotline* (0180 526 0106). Merchandise can also be ordered by mail (Rundschau-Verlag, Abo- und Vertriebsservice, Heuriedweg 19, 88131 Lindau/Germany). M. Müller & Sohn Shop delivers merchandise within Germany and to Austria and Switzerland. M. Müller & Sohn Shop also delivers to other countries (Note shipping rates!)
* € 0.14/minute for calls placed from the landline network of the Deutsche Telekom; charges for calls placed from cellular phones vary.
2. The basic features and the price of the merchandise can be found in the current product information. For technical reasons, the representation of the product may slightly vary from the actual product.
3. Special offers of M. Müller & Sohn Shops are not binding. By clicking the “Bestell” (order) button, the customer enters a binding agreement with the vendor that the customer intends to purchase the items in the shopping cart. The contract goes into effect with the purchaser’s receipt of the confirmation of order.
4. Delivery normally occurs within ten days. Period of delivery shall begin when the customer sends the order confirmation, however shall not begin before the purchaser has provided documentation, authorization, and releases and we have received the agreed-upon deposit. The period of delivery shall be deemed valid if shipping status has been reported or the merchandise has left the facilities prior to the end of the delivery period.
The period of delivery “within ten days” for pre-ordered items is valid only from the date of publication. We reserve the right to postpone dates of publication.
5. The period of delivery can be extended by unforeseen situations beyond our control, such as operational disruptions, strikes, or delays in the delivery of basic materials, insofar as such disturbances demonstrably and significantly affect the delivery of merchandise. This also applies when such circumstances arise with subcontractors. The period of delivery is extended according to the duration of these events and disturbances. Furthermore, we are not responsible for such circumstances when they occur during an existing delay. We take it upon ourselves to notify the purchaser of such disturbances as soon as possible, and to inform the purchaser of the start and end of a disturbance.
6. Our stated period of delivery applies to partial deliveries, so long as this does not result in disadvantages for the use of the merchandise.
7. The scope of delivery is determined by the order confirmation as issued by our company in writing or per e-mail.
8. Alterations to the product that can be attributed to technological improvements or legal requirements remain unchanged during the time of delivery, so long as the changes to the delivery item are not significant and are reasonable for the purchaser.
II. Shipping and Handling
1. Packaging materials shall become the property of the customer. Postage and packaging materials charges are shown separately on the bill (shipping and handling fees). The selection of the mode of shipment shall be made at our discretion.
2. Shipping and handling fees are not applied to orders of €100 and above when shipped within Germany, Austria or Switzerland.
Shipping and Handling fees are as follows:
a) within Germany, Austria and Switzerland: €5.50
b) within Europe: €9.50
c) international shipping: €18.00
Cash on delivery is only possible on orders shipped within Germany. The COD charge is €2.00 in addition to shipping and handling fees.
III. Prices
All listed prices are considered retail prices within Germany (including the current legal sales tax) and in other countries.
IV. Terms of Payment
1. The price of purchase and shipping and handling fees, along with fees for additional services when indicated, shall be paid before delivery of merchandise. Depending on the purchase price, customers within Germany can select from the following methods of payment: automatic debit transfer, providing a credit card number, prepayment, cash on delivery (only in Germany). Deliveries to Austria or Switzerland can be paid for by prepayment or by providing a credit card number. Please wait for your invoice when using the prepayment method.
2. Default interest is calculated at 3% per annum above the current prime rate of the European Central Bank (ECB). Interest will be applied at a higher or lower rate if we can demonstrate a burden due to higher interest or if the customer can prove a lower burden.
3. If the purchaser is a merchant, a legal entity under public law, or a special fund under public law, a refusal to pay on the basis of any unrecognized counterclaims made by the purchaser is not permissible, nor are any charges on the basis of such counterclaims.
V. Acceptance and Transfer of Risk
1. The purchaser is obligated to accept delivered merchandise. In the event that delivery can not be arranged or is not possible, transfer of merchandise shall occur in Lindau. As a rule, delivery shall be made as agreed upon. It is the responsibility of the purchaser to accept merchandise within 14 days of the notification of readiness to deliver, unless the purchaser, through no fault of his or her own, is temporarily unable to receive the delivery.
2. In the event that the purchaser falls more than 14 days behind on acceptance of the delivery, either intentionally or out of gross negligence, a grace period of 14 days shall be set. Should the situation remain unresolved during the grace period, we reserve the right to terminate the contract or to claim damages for failure to fulfill obligations following a set grace period of 14 days. A grace period need not be set in the event that the purchaser ultimately refuses or terminates delivery, or is clearly incapable of paying the purchase price in this time period.
3. Risk is transferred to the purchaser upon acceptance of merchandise. Should the purchaser refuse the merchandise, the risk of accidental damage or deterioration of the delivery items at the point of refusal shall be transferred to the purchaser.
VI. Reservation of Proprietary Rights
1. We retain ownership of the delivery items until payment has been made.
2. In the case of conduct contrary to contract, especially in the delay of payment, we are entitled by regulatory standards to terminate the contract and reclaim the retained goods.
VII. Cancellation
1. Right of Cancellation
The purchaser has the right to withdraw from the contract agreement within a period of two weeks without further explanation. The contract must be canceled by written correspondence, e.g. by letter or fax, or by returning the merchandise. The two week period begins at the earliest upon receipt of the notice. The timely submission of a letter of cancellation or the timely return of merchandise is sufficient observation of the cancellation period.
The notice of cancellation shall be addressed to:
Rundschau-Verlag, Abo- und Vertriebsservice, Heuriedweg 19, 88131 Lindau.
Telephone: 01 80 / 5 26 01 06*, Telefax 01 80 / 5 26 01 07* (€ 0.14/ minute for calls placed from the landline network of the Deutsche Telekom; charges for calls placed from cellular phones vary)
E-Mail: shop@muellersohn.com
2. Consequences of Cancellation
In the case of an effective cancellation, mutually received goods and services shall be reimbursed. Should the purchaser be unable to completely or partially reimburse received goods or services, or if merchandise is returned in poor condition, the purchaser shall provide adequate compensation for the value of goods or services as necessary. Additionally, obligatory reimbursement can be avoided by not using the merchandise as if it were one’s own property and by refraining from actions that would result in the devaluation of the merchandise. Merchandise which can be returned by postal packet shall be shipped back. This does not apply to the surrender of goods if the damage to wares can be attributed solely to the inspection thereof, as would be possible when personally inspecting goods in a shop. Upon return of delivered merchandise in the value of €40 at the time of order, the purchaser shall assume the cost of return shipping in the case that the merchandise delivered are consistent with merchandise as ordered. Otherwise return shipping is at no charge to the purchaser.
3. The right of cancellation does not apply:
a) to delivery of goods that have been customized according to the customer’s request or that have been tailored to fit the customer’s personal needs. This also applies to wares that by their very nature are not suitable for return shipment or goods that are highly perishable.
b) to delivery of audio or video recordings or software where the packaging seal has been broken
c) to delivery of newspapers, magazines, and illustrated catalogs
d) to the provision of gambling and lottery services.
VIII. Warranty and Liability
1. Liability for defects shall be resolved at our discretion by remediation of the defect or delivery of goods free of defects. Should remedial action prove inadequate, the customer can, in principle, claim compensation for devaluation of goods or cancel the contract. In the case of minor contract infringements and especially when only minor defects are present, the customer is not entitled to cancellation.
2. We are not liable for minor negligence in inconsequential contractual clauses. In addition, our liability is limited to minor negligence resulting in damages foreseeable for the type of wares and typical to the type of contract. This also applies to minor negligence on the part of our legal representatives and auxiliary agencies. The stated limitations on liability do not apply to the purchaser’s claims to product liability. Furthermore, limitations on liability do not apply to instances of physical injury or bodily harm, or to loss of life of the purchaser, insofar as these can be attributed to our company.
IX. Privacy Protection
All information provided by the purchaser as pertaining to the business relationship shall be saved, processed, and used only as long as is necessary to process the contractual relationship. All information shall be handled solely by Rundschau-Verlag, Otto G. Königer GmbH & Co. KG or an authorized subcontractor thereof. Bank account numbers and credit card numbers shall not be saved. Furthermore, personal information shall not be submitted to a third party. With the customer’s consent, the customer can receive updates about M. Müller & Sohn Shop and information about special offers, either by mail or per e-mail.
X. Place of Fulfillment, Place of Jurisdiction
1. The place of fulfillment is Munich.
2. In all disputes stemming from the contractual relationship where the purchaser is a general merchant, a legal entity under public law or a special fund subject to public law, the lawsuit shall be filed with the court. Cases shall be dealt with by our headquarters in Munich, under the jurisdiction of the court in Munich. We are also entitled to file suit at the customer’s court of jurisdiction.
3. German law applies exclusively, with the exclusion of laws applying to international sale of transferable goods. This also applies to purchasers with headquarters in other countries.
XI. Other
1. Transfer of rights and obligations of the purchaser outside of the closed contract between us and the purchaser require our written approval before they are considered valid.
2. Should any clause prove to be or become invalid, the validity of other clauses remains unaffected.
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Additional terms and conditions which apply only to the software cad assyst:
assyst GmbH
Max-Planck-Str. 3
85609 Aschheim Dornach
Germany
Managing Director: Dr. Andreas Seidl
Registered by the Court of Munich HRB 180174, registered office: 85609 Aschheim Dornach
Additional to the terms and conditions of M. Müller & Sohn shops (muellersohn.com)
Email: shop@muellersohn.com
(1) Grant of license
Assyst grants the customer a non-exclusive, non-transferable license to use the software cad assyst according to the terms and conditions of this agreement. This agreement permits a single user to install and use the software on only one computer at one location at any one time.
Cad assyst software may be used by concurrent users only if a license has been acquired for each additional concurrent user.
The license to use the software is perpetual, unless otherwise agreed. Assyst may terminate the rights of use only as an exception for important reasons. In particular if the customer does not meet its contractual obligations in a serious manner despite a previous warning by assyst.
To implement the usage rights, the customer receives the software with documentation and instructions via download or on a machine-readable disk.
The customer has to ensure that no unauthorized person has access to the software, documentation and other accompanying materials.
On expiry of this license, the customer shall return to the supplier all provided disks or copies of the software in its possession. The customer shall also delete all copies of the software so that they are not reproducible. The customer shall confirm the deletion in writing to assyst.
This agreement does not grant the customer any intellectual property rights. The customer acknowledges that all intellectual property rights in the software shall remain the sole property of assyst. The customer acknowledges that he/she is buying only the media on which the software is recorded and the accompanying documentations. The customer understands and accepts that the software is protected by copyright. The customer understands and accepts that the software is developed by assyst and other software developers who are named in the copyright notes. The customer may be held legally responsible for any copyright infringement.
Assyst does not provide unconditional free updates and extensions. Software updates may be granted within a separate agreement. The update replaces the previous license in the same quantity and type used by the customer before upgrading. The customer must destroy all copies of the previous version, including any copies resident on a hard disk drive.
The customer may make copies of the software (a) for archive purposes or (b) if the copy is necessary to install the software onto a personal computer or workstation for which a software usage right was purchased from assyst.
(2) Warranty
Assyst warrants to the customer that its products will be free from defects in materials and workmanship for a period of 12 months from the date of installation. This warranty applies only to products delivered and installed by assyst.
(3) Assyst support
Software support is calculated at cost.
