General Terms and Conditions



1. Validity

These General Terms and Conditions are valid for all agreements concluded between us as contractor under the sole use of one or several means of telecommunication e.g. telephone, letter, facsimile, email or web form, and the customer (in the following “Customer”). Any deviation on the part of the customer will only be accepted upon our explicit confirmation in writing.

2. Vendor

The vendor is

Verlag Alexander Bernhardt – owner: Siegfried Bernhardt

(in the following “Vendor”).

Address: Vomperberg 14, 6134 Vomp, Austria

Telephone: +43(0) 5242-62131-0

E-mail Address: verlag@alexander-bernhardt.com

VAT Identification Number: ATU46798309

3. Prices

3.1. The purchase price agreed on for the ordered item(s) is the one resulting from the current offers on our webpage. We are entitled to rescission in case of typing, printing and/or calculation mistakes as well as in case of change of prices through our suppliers and/or exchange rate fluctuations exceeding 5%.  

3.2. All prices are including VAT applicable in Austria – in so far as such VAT applies to delivery to the selected target country – as well as any other charges and surcharges (gross prices).  

3.3. Charges arising through packaging and dispatch of the purchased item(s) to the delivery address indicated by the customer are not included in the prices and will be added.

A list of prices for packaging and dispatch can be viewed on our webpage “Delivery and Dispatch Costs”:

http://shop.alexander-bernhardt.com/en/Delivery-and-Dispatch-Costs

The given costs for packaging and dispatch of the order will be displayed on our webpage prior to sending the order. 

3.4. Any import or export charges (e.g. customs) shall be borne by the customer.

4. Conclusion of Agreement 

4.1. The customer’s order is regarded as a binding offer on a purchase agreement of the ordered item(s). The purchase agreement comes into effect with the vendor either explicitly accepting the order or through dispatch of the ordered item(s) or by making the ordered digital item(s) available for download via the internet, effective within 14 days as of the vendor’s receipt of the order.  

After expiration of this deadline, the order is no longer binding for the customer and the conclusion of agreement is regarded as null and void.



4.2. Should a correction be necessary due to input errors during the order process, the vendor shall be notified of this in writing. The notification can also be made through the web form:

http://shop.alexander-bernhardt.com/en/Contact



4.3. The following languages can be used: German, English and French. 





5. Delivery



5.1. The vendor processes the order without any delay and within thirty days. Should any delays occur for any exceptional reasons (e.g. necessity to order the item(s) with a foreign supplier), the delivery time may exceed the thirty days. In case of unavailability of the item(s) of purchase, the customer shall be immediately notified and the vendor can withdraw from the agreement. Under such circumstances the customer may not claim non-compliance of agreement.  



5.2. The ordered item(s) are delivered from stock to the customer’s delivery address and through the usual means of dispatch and as decided by the vendor, i.e. through mail, forwarding agent, private dispatch company.  



5.3. At the time of transfer of item(s) to the forwarder, risk and accident are transferred to the customer.





6. Payment, Due Date and Delay



6.1. The customer is required to pay the purchase price immediately free of any charges and without any deductions. Subject to the compliance of all foreign exchange regulations, all charges shall be borne by the customer. It is inadmissible for the customer to claim compensation from the vendor.



6.2. The customer may select one of the following payment methods: 

a) Credit card, only Visa or MasterCard.

When paying with a credit card, payment is authorized immediately after receipt of order. The credit card account is debited at the time of dispatch of the ordered item(s).

b) Pre-payment through bank transfer.

In case of payment through bank transfer, the customer will be sent an email with all the necessary data after the order has been placed. The dispatch of the ordered item(s) will be performed after receipt of the complete payment on the vendor’s account. Any possible bank charges or bank fees in connection with the transfer shall be borne by the customer.



6.3. In case of delay of even just one part of the purchase price, default interest of 5% above the respective prime rate of the European Central Bank as well as compound interest to the same amount shall be paid. The right to claim damage caused by default and exceeding the interest is reserved.  



6.4. In case of delay, all charges connected to the payment collection such as reminder fees and costs of a judicial and/or extrajudicial legal representative shall be borne by the customer. The vendor is not obliged to execution of any reminders.

 



7. Secret Lien



The vendor remains the sole proprietor of the item(s) of purchase until complete payment of the purchase price. Should a third party claim the item(s) of purchase as part of foreclosure or insolvency proceedings, the customer is obliged to immediate written notification to the vendor and to inform the third party of the vendor’s ownership.





8. Right of withdrawal



8.1. The customer can in principle withdraw from an agreement concluded through a distance sale or revoke a rendered agreement within 14 days. The period stipulated begins on the day of the receipt of the item(s) of purchase at the customer. Timely dispatch of the notice of withdrawal or notice of revocation is sufficient as deadline.

The notice of rescission or revocation shall be made in writing to the vendor. The following languages can be used: German, English and French.



8.2. In case of delivery problems caused by the vendor’s suppliers, the vendor is entitled to withdrawal and to notify the customer immediately. 



8.3. In case of withdrawal, the vendor will be obligated to reimburse the customer for payments made and compensate the customer for any expenses incurred through the purchase.  



8.4. In case of withdrawal on the part of the customer the item(s) must be returned, and the vendor proportionately compensated for the use and possible damage resulting in a reduction of the value of the item(s). The mere delivery of the item(s) in the custody of the customer is not regarded as depreciation. The customer does not have the right of retention. Furthermore, the customer shall bear the direct cost for the return of the item(s).



8.5. There is no right of cancellation of agreement if the customer has already downloaded purchased digital publications (e-books, PDF files and the like) from the web server of the vendor.



8.6. There is no right of cancellation of agreement if the customer has broken the seal of the delivered sound and/or image storage media; this also includes agreements regarding newspapers and magazines, with the exception of agreements on periodic publications.





9. Warranty and Liability



9.1. The liability for possible damages on the item(s) of purchase is subject to legal warranty regulations. The vendor is however, in every case entitled to the exchange of the sale item(s) and/or replacement of the missing item(s). A claim to a reduction in price can only be requested after an expiration of an adequate amendment time limit. The customer shall immediately return the damaged item(s). Only in the event of intent or gross negligence is the vendor liable for claims exceeding this liability, particularly for any type of compensation as a result of defects, including loss of profit, damages caused by delays etc.  



9.2. The vendor is also not liable for the contents of the sale item(s), in particular the form or accuracy and legality of the content in the statements, texts, pictures, sound and/or image storage media, compositions or instructions etc.  



9.3. This disclaimer, to the extent permitted by law, applies also for any liability according to the Austrian Product Liability Act, as well as for claims against the employees, workers, governing bodies or representatives of the vendor.



9.4. The vendor accepts no liability for technical problems with the operation of the web shop. The vendor also reserves the right to stop operation at any time, this however, irrespective of the correct transaction of already concluded agreements. 





10. Advertising and Data Protection 



The customer agrees that his personal data such as first name, surname, address, phone number, fax number, e-mail address, internet address, date of birth and bank account details are validated, stored, processed or used in any other way by the vendor and his representatives to conclude the agreement for personal advertising purposes and automatic data processing and used in any other way so that the vendor can send electronic mail for promotion purposes; the customer may revoke his consent at any time. 





11. Rights of Third Parties (Copyrights)



11.1. The customer recognises the existence of rights of third parties on the item(s) of purchase, especially copyrights and other intellectual property rights. He is obliged to use the item(s) of purchase solely within the contractual and legal parameters, and to strictly abide by the terms and conditions of the agreement. This applies particularly to literary works, including software, databases as well as sound and/or image storage media.



11.2. The above-mentioned point 11.1. applies to the rights of the vendor on his website and the respective contents such as texts, graphs, logos, brands, titles, programmes, compilation of prices, databases and other services.





12. Place of Performance, applicable right, partial nullity and place of jurisdiction



12.1. Place of fulfillment is Vomp; the Austrian Substantive Law is applicable (with the exemption of conflict of law rules) excluding the UN Purchase Act.  



12.2. As far as individual regulations of these General Terms and Conditions contradict mandatory legal regulations or are null and void, the remaining regulations are nevertheless, valid.



12.3. Any possible disputes occurring from the concluded agreement shall be settled at the responsible court with commercial jurisdiction in Schwaz or Innsbruck. The language of the proceedings is German.