General Terms and Conditions of LOOK BEHIND YOU (Barbat & Neumann GbR)
a) These General Terms and Conditions (GTC) do not apply to commercial resellers.
b) For the business relationship between LOOK BEHIND YOU (Barbat & Neumann GbR) and you, the customer of goods presented on the website www.lookbehindyou.de (LOOK BEHIND YOU E-Shop), the following terms and conditions apply exclusively in their version valid at the time of the order.
c) We do not recognize any terms and conditions that conflict with or deviate from these GTC unless we have expressly agreed to their validity.
d) The ordered goods will be shipped by our publishing distribution for LOOK BEHIND YOU and invoiced on behalf of LOOK BEHIND YOU. If you have any questions about your order, please contact the publisher’s delivery department directly.
2. conclusion of contract
a) The goods presented in the LOOK BEHIND YOU e-shop do not constitute an offer to conclude a contract, but merely a non-binding invitation for you to place an order.
b) You can select the goods in the LOOK BEHIND YOU e-shop and collect them in a so-called shopping cart by clicking the “add to cart” button. By clicking the button “Order with costs” you make a binding offer to purchase the goods designated in the shopping cart. In the shopping cart you can also check your product selection and other information for errors and correct them if necessary. However, your order can only be placed and transmitted if you confirm by clicking the corresponding checkbox that you have taken note of and accepted our General Terms and Conditions and that these have thereby become part of your offer.
c) Goods may also be ordered by e-mail, fax or letter using the order form provided for this purpose on www.lookbehindyou.de. When ordering by e-mail, please fill out the order form provided for this purpose and attach it to your e-mail to email@example.com. When ordering by fax or letter, please print out and complete the order form provided for this purpose. By sending your e-mail, order fax or letter to the address listed in the order form, you are making a binding offer to purchase. These aforementioned ordering methods do not apply to the purchase of e-books.
d) E-books can only be purchased by filling out the order form in the LOOK BEHIND YOU e-shop. By sending the order form, you submit a legally binding offer to purchase. Otherwise, 2 b) of these GTC shall apply.
e) If you order the goods in the LOOK BEHIND YOU e-shop, you will receive an automatic confirmation of receipt to the e-mail address you have provided. The automatic confirmation of receipt does not constitute acceptance of your order, but merely documents that your order has been received.
f) The contract with us comes into effect only with the receipt of the goods or with the provision of the download link for the e-book. The download link will be provided as soon as you have placed a payment order. Then you will receive a confirmation of the contract, in which the content of the contract is reflected.
g) If we refrain from a declaration of acceptance, for example because a delivery or the provision of the download link of the goods ordered by you is not possible, a contract is not concluded in this case. We will inform you of this immediately and refund any consideration already received without delay.
h) The contract shall be concluded exclusively in German. Contract language is exclusively German.
i) The contract text is not stored by us after the conclusion of the contract and is not accessible to you. The order data will be stored within the framework of the legal provisions with us as well as with the publishing distribution, which processes the orders via the LOOK BEHIND YOU E-Shop on our behalf. The order data can be printed out by you immediately following an order in the LOOK BEHIND YOU e-shop, if this has been made via the “Order with costs” button; however, they are not otherwise accessible to you via the LOOK BEHIND YOU e-shop. If you would like your order information to be transmitted, you can contact us by email at firstname.lastname@example.org. We or the publisher’s delivery department will then send you a copy of the stored order data.
3. revocation instruction and cost bearing agreement
a) If you are a consumer within the meaning of § 13 BGB, you are entitled to the following right of withdrawal. In this context, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
4. obligation to bear costs in the event of revocation
You bear the cost of returning the goods.
5. special provisions for e-books
a) LOOK BEHIND YOU does not provide you with ownership of the e-books. You acquire a simple, non-transferable right, revocable before payment of the license fee, to use the e-book for personal use.
b) You may not modify or otherwise change the content of the e-book, subject to mandatory legal rules.
c) The e-book may only be used within the scope permitted by law. In particular, you may not make the e-book publicly available, offer it for download, either for a fee or free of charge, resell it, or use it in any other commercial manner.
d) Right of withdrawal for e-books: If you are a consumer as defined by § 13 BGB (German Civil Code), you are entitled to the following right of withdrawal:
The right of withdrawal expires in the case of a contract for the delivery of digital content (e.g. e-books) that is not on a physical data carrier, if we have begun executing the contract after you have expressly agreed that we begin executing the contract before the end of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal through your agreement with the beginning of the execution.
a) The goods are shipped exclusively to billing and delivery addresses in the Federal Republic of Germany, the Republic of Austria or the Swiss Confederation.
b) Unless otherwise agreed, delivery shall be made within 2 to 5 working days (Monday to Friday) after receipt of the order or (in the case of advance payment) after a payment order has been issued to the remitting bank.
c) Unless expressly agreed otherwise, we shall determine the mode of shipment and the transport company at our reasonable discretion.
d) In the case of delivery of e-books, a link to download the e-book will be provided in the shopping cart and in the confirmation e-mail immediately after completion of the purchase process.
e) Any customs duties and similar charges incurred shall be borne by you.
7. prices and shipping costs
a) The prices at the time of the order apply.
b) All prices stated in the LOOK BEHIND YOU e-shop are in Euro (EUR).
c) For deliveries within the Federal Republic of Germany, the Republic of Austria or the Swiss Confederation, the final prices stated in the LOOK BEHIND YOU e-shop include the applicable sales tax.
d) The delivery is free of shipping costs.
8. invoice and terms of payment
a) You have the choice between the payment methods offered during the ordering process. In case of payment by bank transfer, however, we reserve the right to demand advance payment in individual cases. This applies, for example, if you are in arrears with previous invoices or if the order value of all your outstanding invoices exceeds 75 euros.
b) Invoices will be issued in Euro only.
c) Payment of the purchase price is due on the payment date stated on the invoice.
d) In the event of default in payment, we shall be entitled to demand the statutory default interest. If we can prove that we have incurred higher damages due to the delay, we shall be entitled to assert such damages.
b) You further agree not to redistribute, transmit, assign, sell, broadcast, rent, share, loan, modify, adapt, edit, license or otherwise transfer or use the Digital Content except as expressly permitted by LOOK BEHIND YOU. Libraries are prohibited from interlibrary loan and related electronic data transfer.
10. retention of title
We retain title to the goods delivered by us until the purchase price has been paid in full. Only after full payment of the purchase price the ownership of the goods is transferred to you. In the case of a data download, the granting of the usage license is subject to the full settlement of all claims against the customer arising from the order.
11 Warranty and liability
a) Unless otherwise stipulated below, we shall be liable for material defects and defects of title in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years. The limitation period begins with the delivery of the goods.
b) We shall only be liable for slight negligence if material obligations, i.e. obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment you regularly rely and may rely, are violated. In the event of a breach of such obligations, our liability shall be limited to such damages as could typically be expected to occur within the scope of the respective contract. Otherwise, liability for slight negligence is excluded. The above limitations of liability shall not apply to damages arising from breach of warranty or from injury to life, limb or health, in the event of intent or gross negligence and mandatory statutory liability for product defects.
12. data protection
13. dispute resolution for consumers
a) LOOK BEHIND YOU (Barbat & Neumann GbR) always tries to reach an agreement with our customers. If you have any problems, you can always contact our customer service. Our customer service can be reached at:
Look Behind You
(Barbat & Neumann GbR)
Simrockstr. 43, 53619 Rheinbreitbach
Fax: +49 (0) 2224 / 89 82 9 86*
Monday to Friday 10.00 am to 5.00 pm
* The usual telephone charges of your telephone provider apply.
Your rights remain unaffected in any case, there is no obligation to contact customer service.
b) The European Commission has set up a platform for online dispute resolution. Consumers can use the platform for the settlement of their disputes. Our email address is: email@example.com
c) LOOK BEHIND YOU does not participate in dispute resolution proceedings before a consumer arbitration board. There is no obligation to participate in a dispute resolution procedure before a consumer arbitration board.
14. final provisions
a) The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, have your habitual residence in the Republic of Austria and no residence in the Federal Republic of Germany or Switzerland, the mandatory consumer protection provisions of the Republic of Austria remain applicable.
b) Are you a merchant within the meaning of § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and us shall be Linz am Rhein or, at the discretion of LOOK BEHIND YOU (Barbat & Neumann GbR), any other permissible place of jurisdiction.