Open Sky Press GbR., Leverkusen
II Terms and conditions for delivery
- Content of the Online Offering
Open Sky Press does not assume liability for the actuality, correctness, completeness or quality of t he provided information. Liability claims against Open Sky Press that refer to material or non-material damage or damage induced by the usage or non-usage of the displayed information or by the usage of incorrect und incomplete data, are excluded categorically, provided that no verifiable fault with intent or grossly negligent applies on the part of Open Sky Press.
All offers are subject to change and are made without obligation. Open Sky Press explicitly reserves the right to change or to amend, to delete or to cease the publication temporarily or finally parts of the pages or the complete online offer without particular announcement.
- References and links
direct or indirect links to other websites which are outside the responsibility of the author, a liability obligation in the event in force, in which the author of the content knowledge and it is technically possible and reasonable for the to prevent use of illegal content. The author explains hereby expressly that at the time of linking, no illegal content on the linked pages. On the current and future design, contents or authorship of the linked pages, the author’s control. Therefore, he distances himself from all contents of all linked pages which were changed after the link. This applies to all within the own Internet offer set left and references as well as to foreign entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases to which external access is possible. For illegal, incorrect or incomplete contents and for damages resulting from the use or disuse of such information, only the provider of the site referred to, and not the one who has linked to these pages.
- Referrals and Links
In the case of direct or indirect references to external websites (“Hyperlinks”), which lie outside of the sphere of responsibility of Open Sky Press, liability would be accepted only in a case where Open Sky Press is informed about the content and it would be both technically possible and reasonable to prevent the use due to its illegal content.
Open Sky Press explicitly declares herewith that at the time of setting the links no illegal content was recognisable on the pages to be linked. Open Sky Press does not have any influence on the current or future presentation, content or the authorship of the linked pages. He explicitly distances himself herewith from all contents of all linked pages that were changed after setting the links. This is true of all links and references set within the own internet offer and also of external opinions expressed in guest books, discussion forums, link registers, mailing lists and all other kinds of data bases established by Open Sky Press, where external input on the content is possible. For illegal, incorrect or incomplete contents and especially for damage, arising from the use or disuse of such information offered, only the provider of the site in question is liable, not the party referring to the respective publication via links.
- Copyright and identification law
Open Sky Press is anxious in its publications to observe all copyrights of graphics, audio-documents, video sequences and texts used, to use its own graphics, audio-documents, video sequences and texts or to access licensed graphics, audio-documents, video sequences and texts. All patent design rights and trademarks mentioned in the online-offer or protected by third parties are exclusively subject to the provisions of the respective valid identification law and the respective registered proprietor. On the basis of the simple mention, it may not be concluded that trademarks are not protected by rights of third parties!
Copyrights for objects published and produced by Open Sky Press are retained by Open Sky Press of the pages. Copies or usage of such graphics, audio-documents, video sequences and texts in other electronic or printed publication is not permitted without the expressed consent of Open Sky Press.
- Data security
If there is the possibility for the registration of personal or business data (email address, name, shipping address) within the internet site, the input of such data takes place explicitly on a voluntary basis by the user. The usage and payment of all services offered – as far as technically possible and reasonable – is also possible without giving such data, as well as by giving data anonymously or under a pseudonym. The contact data such as postal addresses, telephone and fax numbers and email addresses published within the framework of this publication may in no way be used by Third Parties for sending unsolicited information.
II Terms and Conditions (GTC)
- § 1
Open Sky Press Ltd. delivers with DPD or Deutschen Post AG.
- § 2
The business relationship between the Open Sky Press Ltd. (in the following: seller) and the orderer are exclusively – for any future business – the following terms and conditions at the time the order is placed. Different conditions of the order, the seller does not, unless he has expressly agreed to their validity.
- § 3 Prices
Our prices are final prices in Euro. They include VAT. Delivery will be made only after payment. You will receive in addition to the automatic order confirmation a separate statement attached to the product.
- § 4
Your order will be prompted when you have put the product into your cart and have clicked on “Submit Order”. With the order you are declaring bindingly to acquire the goods. You will be informed by e-mail about the income of your order. The confirmation is automatic and does not constitute acceptance. The purchase contract becomes effective with us accepting the underlying offer in your order concluding a purchase contract by delivering the goods.
- § 5
Payment and Delivery
Unless otherwise agreed, the delivery is from warehouse to the customer’s delivery address. Unless otherwise agreed, the purchase price becomes due with the accomplishment of the contract. The buyer can pay the purchase price by bank transfer, Paypal or credit card. Delivery time is usually up to 7 days after receiving your order.
- § 6
Right of withdrawal
Consumers have a statutory right of withdrawal. Consumer means any natural person who enters into a transaction for a purpose that is neither attributed to their commercial nor their independent busniness activity (§ 13 BGB). You are no longer bound to your order when you withdraw it within two weeks of receiving the goods. The cancellation requires no justification, but must be in writing (eg by letter, fax or e-mail) or be explained by returning the goods within two weeks. To meet the deadline, timely dispatch of the cancellation or the goods to this address s is enough:
- Open Sky Press Ltd.
Rheinstr. 54, 51371 Leverkusen
Fax: 49 (0) 2173 – 4099205
- In the case of cancellation, you are obliged to immediately return the goods to Open Sky Press Ltd. Any payments already made will be refunded to you. Returns must franked adequately. The return costs will be reimbursed by the Open Sky Press Ltd., if the same should have provided an incorrect product if the product is defective. A right of withdrawal does explicitly not apply for the delivery of audio or video recordings (eg CD, music or video cassettes ) or of software if you have opened the sealed package. In the case of cancellation the Open Sky Press Ltd. reserves the right to charge compensation for a deterioration in the goods, based on an – exceeding the testing – usage of the goods.
- § 7
Clause of Unavailability
We reserve the right to refrain from carrying out your order if we do not have the ordered titles in stock, is not available at the publisher and the ordered goods are therefore not available. In this case we will inform you immediately about the unavailability and will refund a purchase price possibly paid by you already, immediately.
- § 8
In the event of a cancellation (§ 7) You have to bear the cost of returning the goods if the delivered goods comply with the goods ordered, or if – at a higher price of the goods at the time of the withdrawal – you have not provided an equivalent or paid an agreed partial payment.
- § 9
Shipping Damage, Defects, Wrong Delivery
If the goods are defective, please reclaim immediately at Open Sky Press Ltd., but no later than two weeks after receiving the goods. Defective, damaged or wrongly delivered goods will be replaced by Open Sky Press Ltd. without any trouble.
- § 10
The buyer has got a right to offset only if their counterclaims are legally established or recognized by the seller. The buyer has the right of retention only insofar as his counterclaim is based on the same contract.
- § 11
Reservation of Ownership
Until the complete fulfillment of the purchase price by the buyer the goods remain the property of the seller.
- § 12
If there is a defect with the purchased goods, the statutory warranty provisions of § § 434 et seq. BGB apply.
- § 13
The Open Sky Press Ltd.. is liable: – by damage caused by intent or gross negligence by the Open Sky Press Ltd., – in the absence of guaranteed qualities, – under § § 1.4 product liability law, – in case of carelessness maximum up to the typically foreseeable damage, unless the amount does not exceed the purchase price.
- § 14
- § 15
Governing Law, Jurisdiction
The laws of the Federal Republic of Germany apply excluding the UN sales law. If the customer is a merchant or a legal entity under public law, the exclusive jurisdiction for any dispute under the contract is the responsible court for Open Sky Press Ltd. in Germany.
- § 16
If any of the above provisions should be be invalid or void, a legally valid provision will come to effect, which comes next to the commercial purpose of the invalid or void provision. The effectiveness of the provisions apart from that remains untouched. The same applies to a regulatory gap.