General Terms and Conditions for the distribution of books by self-publishing houses

 

Self-Publishing House: Rudolf Guttmann, Döblinger Hauptstraße 80, 1190 Vienna 01/3682315, office@delphinesdream.com

1. Jurisdiction

These General Terms and Conditions (hereinafter referred to as GTC) of R. Guttmann (hereinafter referred to as publisher) are the basis for all present and future deliveries.

 

2. Offers and conclusion of contract

Unless otherwise specified in writing, all offers made by the publisher on www.delphinesdream.comand other media and printed matter are subject to change and are non-binding.

The purchase contract is concluded when the ordered product is dispatched or when the conclusion of the purchase contract is confirmed in writing by the publisher. The order confirmation that is initiated when an order is placed on the website www.delphinesdream.com does not constitute a contract; only the receipt of the order is confirmed.

 

3. Delivery

The publisher is free to choose the type of dispatch and means of transport.

The customer is obliged to ensure that the invoice and delivery data in their order are correct. Any hindrances or delays resulting from incorrect information of the invoice recipient or the delivery address shall be borne by the customer. In particular, the customer is not entitled to withhold payments due to incorrect or incomplete information provided by them.

As soon as the goods are handed over to the carrier, the delivery is considered fulfilled in such cases. If the customer is a consumer, the risk of loss or damage to the goods shall not pass to the customer until the goods have been delivered to the customer or to a third party designated by the customer and different from the carrier, unless the customer himself has concluded the contract of carriage without making use of a choice proposed by the publishing house.

The buyer must report transport damage and shortfalls in writing to the publisher immediately after receipt of the goods. The buyer may only claim damages for delay or non-fulfilment in the event of gross negligence or intent.

The publisher points out that any information regarding delivery or dispatch is merely prospective. They do not represent any binding or guaranteed dispatch or delivery dates. As a rule, a delivery time of 1-5 working days applies in Austria.

 

4. Prices

The prices quoted on the website www.delphinesdream.com (including the valid value added tax) plus shipping costs apply. Invoicing is in Euro. For book shipments, the provisions of the Federal Act on price fixing for books apply.

 

5. Payment

The purchase price can be paid by the buyer directly on our website via PayPal (credit card / bank transfer) or directly via bank transfer.

R. Guttmann’s publishers is not obliged to make any payments in advance and is therefore entitled to demand advance payment from the customer for the amount of the entire order and to make delivery only on receipt of payment.

 

6. Warranty

6.1 In the event of defects in the goods, the statutory warranty provisions shall apply. The warranty does not include cases where the books have been improperly handled or misused. This also applies to normal wear and tear.

6.2 The product images on the website www.delphinesdream.com and advertising of any kind may differ from the appearance of the delivered products in terms of colour and size due to resolution and size.

6.3 If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), he must inspect the delivered goods after receipt for completeness, correctness and absence of any defects, in particular for intactness of the packaging, and must inform the publisher of any defects within 48 hours by e-mail to office@delphinesdream.com and briefly describe them.

6.4. If the customer demands that the goods be returned to the publisher and if the goods are actually defective, the publisher shall bear the corresponding costs.

6.5 If the customer is an entrepreneur, he must inspect the delivered goods after receipt for completeness, correctness and absence of any defects, in particular the intactness of the packaging. In the event of defects, he must make a notification of them by e-mail to office@delphinesdream.com within a period of 48 hours.

If no defects are reported within this period, the delivery shall be deemed approved and all claims such as warranty, disputes over error, or compensation for damages due to later claims of discrepancy or defect, shall lapse. This also applies to any incorrect deliveries or deviations in the quantity delivered.

 

7. Exercise of the right of withdrawal and return of goods

Right of withdrawal

The purchase contract can be cancelled without giving any reasons within 14 days. The withdrawal period is 14 days from the day on which the goods were taken into possession by the buyer or by third parties designated by the buyer who are not the carriers. In order for the right of withdrawal to be exercised, we (Self-Publishing House R. Guttmann, Döblinger Hauptstraße 80/12, 1190 Vienna; office@delphinesdream.com) must be informed of the decision to withdraw from this contract by means of a clear statement (e.g. a postal letter, fax or e-mail) of the intention to withdraw the contract.

For this purpose, the attached model withdrawal form may be used; this is, however, not mandatory.

To comply with the cancellation period, it is sufficient for the notification of the exercise of the right of withdrawal to be sent before the expiry of the withdrawal period.

 

Consequences of cancellation

If the purchase contract is revoked, all payments received, including delivery costs, shall be refunded immediately and at the latest within 14 days of the day on which the Publisher receives notification of cancellation of the purchase contract. The same means of payment used in the original transaction shall be used for this refund, unless expressly agreed otherwise; on no account shall charges be levied for the refund. Refunding may be refused until the publisher has received the goods back or until the buyer has provided proof that the goods have been returned, whichever is the earlier.

The buyer must return or hand over the goods to the publisher R. Guttmann, Döblinger Hauptstraße 80/12, 1190 Vienna immediately and, in any event, at the latest within14 days of the day on which the publisher was informed of the cancellation of the contract. This period shall be deemed to have been observed if the goods are dispatched before expiry of the 14-day period.

The direct costs of returning the goods shall be borne by the customer if the goods delivered correspond to those ordered. The customer must return the goods in an unused and resalable condition. The buyer shall only be liable for any loss in value of the goods if such loss in value is attributable to handling which is deemed not necessary for testing the condition, properties and function of the goods.

 

8. Data protection

The buyer expressly agrees that any company or personal data necessary for the legal transaction may be electronically recorded and processed. The publisher will observe all data protection regulations in this regard and will not use the data for direct marketing without consent. Under no circumstances will the data be passed on to uninvolved third parties.

Further information on the use of data can be found on our website under “Data Protection”.

 

9. Place of jurisdiction, place of performance, applicable law, rule of ambiguity

The exclusive place of performance of the purchase contract is Vienna.

The exclusive place of jurisdiction for all disputes shall be the competent court in Vienna.

Notwithstanding the foregoing, the mandatory place of jurisdiction for consumers is place of residence. Austrian law shall apply to the purchase contract.

Should any provision of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions. The contracting parties shall then be obliged to agree on a new provision which comes closest to the purpose of the invalid provision.

 

10. Acknowledgement and amendment of the GTC

The Publisher is entitled to adapt the General Terms and Conditions and to inform customers – also by email – of the amendment. If the customer does not object to these changes in writing within a period of 10 days from receipt, they shall be deemed accepted and agreed on by the customer.

Last updated: January 2019