General Terms & Conditions of Business

1. Scope

All deliveries, services and offers of Falco Books GbR (hereafter FALCO BOOKS) through its online shop are undertaken exclusively on the basis of these General Terms and Conditions of Business. These form a part of all contracts that FALCO BOOKS enters into with customers for goods offered through the online shop. FALCO BOOKS does not acknowledge conflicting conditions on the part of customers, unless FALCO BOOKS has acknowledged the application of such conditions expressly in writing.


2. Services

In the online shop you can order books online for personal use. Orders for commercial purposes are not permitted.


3. Contractual languages

German and English are the languages for this contract.


4. Contract Conclusion / Transaction of Orders

After entering your personal data and clicking the order button - as the final step of the order transaction - you make a binding order for the products you have chosen.

Immediately after submitting your order you will receive an e-mail confirmation of its receipt (order confirmation). However, this does not constitute acceptance of your order but merely is to inform you that we have received your order. A sales contract is entered into when FALCO BOOKS sends an additional e-mail that confirms the order. Your contract partner is Falco Books GbR.


5. Right of Return

As a consumer [any natural person who enters into a contract for a purpose that cannot be attributed to either their commercial or independent professional activity, § 13 BGB (Bürgerliches Gesetzbuch = German Civil Code)] you have the right to return products you receive as stated below. The statutory time period for making returns is 14 days.
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INSTRUCTIONS FOR RETURNS

RIGHT OF RETURN

You can return the received goods without providing any reasons therefore within 14 days by simply sending them back. The time period begins after receiving these instructions in text form (e.g. as letter, fax, email) but not before the recipient receives the goods (for repeated delivery of similar goods not before receipt of the first partial delivery) and not before we fulfil our information obligations in accordance with Article 246 § 2 in combination with § 1 Par. 1 and 2 EGBGB (Einführungsgesetz zum Bürgerlichen Gesetzbuch = Introductory Act to the German Civil Code) as well as our duties under § 312g Par. 1 Sentence 1 BGB (Bürgerliches Gesetzbuch = German Civil Code) in combination with Article 246 § 3 EGBGB. You can only ask that goods that cannot be sent as a parcel (e.g. bulky goods) be picked up by making a request to this effect in text form. To remain within the time period it is sufficient to return the goods. In all cases you have to bear the cost and risk of return.

The return or the request that the goods be taken back is to be sent to:

Request to take back goods (address for service):

Falco Books, Stephan Bernhard, Echterstr. 9, 81479 Munich, Germany

contact [at] surftrip-survival-guide.de

Consequence of Returns

In the case of effective return each party is to return performance received and emoluments (if any). You must make compensation to us for lost value if there is deterioration of the goods and they cannot be returned in whole or part or can only be returned in a deteriorated condition, as well as for emoluments (e.g. use and enjoyment) received from such goods. You must only make compensation for deterioration of goods and for emoluments derived therefrom if the emoluments or the deterioration are due to personal contact with the goods that goes beyond examination of their characteristics and function. "Examination of characteristics and functions" is to be understood as the testing and trying out of goods that is possible and customary in a retail shop. Obligations to refund payments must be carried out within 30 days. For you this period begins upon return of the goods or the request that they be taken back, for us with receipt of the goods.

END OF THE RETURN INSTRUCTIONS
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6. Delivery / Shipping

Delivery will take place at the delivery address you have provided.

In the case of prepayment the delivery times provided are based upon payment of the money into our bank account. Shipment is made from France and normally takes 3-5 days within the European Union and up to 10 days international.


7. Prices and shipping costs

At the time an order is placed the prices listed apply. These prices are given in Euros and include the statutory VAT applicable at that time.


8. Payment

Payment may be made by credit card, prepayment, PayPal and cash on delivery. However, we reserve the right to refrain from offering certain types of payment in individual instances and to refer customers to other types of payment.


9. Reservation of title

Until full payment of the purchase price goods remain the property of FALCO BOOKS.


10. Warranty

In the case of defects in delivered goods statutory rights apply. However, in the case of claims for damages the special provisions of No. 11 apply instead.

11. Liability

Unless otherwise stated below, claims for damages on the part of customers are excluded, regardless of their basis in law.

This exclusion of liability does not apply in the case of bodily injury or in the case of damages caused either intentionally or through gross negligence, or due to violation of a material contractual duty. It also does not apply if guaranteed features are present or to the extent there is a claim under the product liability statute.

FALCO BOOKS is only liable for damages due to negligent violation of a material contractual duty to the extent such damages were foreseeable and typical to the type of contract concerned.

If liability is excluded or limited for FALCO BOOKS this also applies to the liability of its statutory representatives and vicarious agents.


12. Links/ Copyright

If FALCO BOOKS offers links to other websites, FALCO BOOKS hereby expressly notes that such links contain third-party content for which FALCO BOOKS undertakes no guarantee. The linked pages were examined for possible legal violations at the time they were linked, at which time none were detected. However, it is unreasonable to expect on-going supervision of linked sites without specific evidence. Upon obtaining knowledge of legal violations FALCO BOOKS will of course immediately eliminate the links in question.

Content protected by copyright, especially images, text, design, etc. may not be used without the prior written approval of FALCO BOOKS. This pertains especially to duplication or other publication.


13. Data protection

Your order and the data provided with it are stored by FALCO BOOKS and will not be forwarded to any third parties. All data collected by us is exclusively used and processed in compliance with relevant data protection statutes.


14. Applicable law

The law of the Federal Republic of Germany applies to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods =UN-Kaufrecht), unless mandatory international consumer law dictates otherwise.


15. Miscellaneous provisions

Should any of these provisions prove to be or become invalid, this does not affect the validity of the remaining provisions.

Last updated: 01.05.2012