General Terms and Conditions (T&C)

Last updated: 01/10/2018

 

General Terms and Conditions for legal transactions of

 

PONS GmbH,

Stöckachstraße 11, D-70190 Stuttgart

Phone: +49 (0)711 89462111

E-Mail: kundenservice@pons.de

 

 

1.                General Information

1.1.             These General Terms and Conditions (T&C) do not apply to commercial resellers.

 

1.2.             Our deliveries, services and offers are exclusively based on these T&C in their valid version at the time of ordering. They are part of all the agreements we conclude with our customers (hereinafter referred to as “customer/they”) about the products—in particular goods, digital online or offline products and online services.

 

1.3.             Deviations from these T&C require our express consent to become effective.

 

1.4.             We expressly reserve the right to future changes to these T&C.

 

1.5.             The minimum age for concluding a contract is 18. If the customer is a minor, the consent of their legal guardians (e.g., parents) is required.

 

1.6.             Agreements about the delivery of physical items (e.g., books, text books, other print media, boxed trainers, CD-ROMs) are handled by our distribution centres,

Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart,

Balmer Bücherdienst AG, Kobiboden, CH-8840 Einsiedeln Switzerland,

MELO, Pichler-ÖBZ GmbH & Co. KG, Industriezentrum NÖ-Süd-Strasse 1, Objekt 34, 2355 Wiener Neudorf, Postfach 133 Austria for the PONS GmbH.

The distribution centres dispatche and invoice goods on their own behalf. Questions about your order, should be directed to:

 

Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart, phone: +49 (0)711 6672 1100, fax: +49 (0)711 6672 988 090 009 11, e-mail: pons@svk-service.de

 

Balmer Bücherdienst AG, Kobiboden, CH-8840 Einsiedeln, Tel. +41(0)55 418 89 89, Fax: +41 (0) 554188919, E-Mail: pons@balmer-bd.ch

 

MELO, Pichler-ÖBZ GmbH & Co. KG, Industriezentrum NÖ-Süd, Strasse 1, Objekt 34, 2355 Wiener Neudorf, Postfach 133, Tel.: +43(0)223663535-290, Fax: +43 (0) 223 663535-243, E-Mail: mlo@medien-logistik.at.

 

1.7.             These T&C do not apply to products featuring forwarding “to our partner shop”. These products are delivered according to the conditions mentioned on the website of that partner.

1.8.             The customer is a consumer if the purpose of the ordered deliveries and services cannot be largely attributed to their commercial or self-employed professional activity. A businessman, however, is any natural or legal person or legally responsible private company acting on behalf of their commercial or self-employed professional activity when concluding the contract.

 

 

 

 

2.                Web Shop Contract Conclusion

2.1.             The products by the brands PONS and Klett, which are presented in our online shop, e.g., on the www.pons.com or www.klett-lerntraining.de websites, themselves do not constitute an offer to conclude a contract but are only an invitation to the customer to place an order.

 

2.2.             By clicking the “Add to Basket” button the customer can place the product into a virtual shopping basket. This action is non-binding and does not constitute an offer to enter into an agreement. The customer can click the basket icon in the website toolbar at any time to see the contents of their shopping basket. Here, the customer can check their selected products and other entries in the shopping basket for errors and correct them, if necessary. By clicking the “Buy now” button, the customer submits a binding order to purchase the products contained in the shopping basket. Placing and submitting an order requires the customer to click the relevant checkbox to confirm that they accept our T&C and thereby include them in their request.

 

2.3.             In case of orders via our web shop or by e-mail, the customer receives an automatically generated receipt confirmation to their e-mail address (“order confirmation”) after placing their order. The customer receives another overview of their order and our T&C with this order confirmation. The order confirmation only documents receipt of the order and does not constitute acceptance of the order.

 

2.4.             The contract between PONS GmbH and the customer is concluded by delivering the ordered products.

 

2.5.             If any of the products selected by the customer are unavailable when they place their order, we inform them about this immediately and refrain from accepting the order. In that case, no contract is concluded. If we have already received services in return, they are immediately reimbursed to the customer.

 

2.6.             If the product ordered by the customer is only temporarily unavailable, we also immediately inform the customer about this in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. The customer’s legal right of revocation (see Clause 4 of these T&C) remains unaffected by this. In such a case, we are also entitled to withdraw from the contract. In the process, we immediately reimburse the customer for any payments already made.

 

2.7.             We do not store the contractual text after contract conclusion. Customers have the option to register as a customer with us. In that case the order data can be retrieved via the customer account.

 

2.8.             The contractual language is German.

 

3.                Registering as a Customer; Access Data

3.1.             In general, our websites which include the web shop and our online offerings can be used without registration unless otherwise specified in the product description or in conditions of use. Registration may be required to make full use of the offerings on our website.

 

3.2.             To register, customers log in with their e-mail address and a password of their choice. E-mail address and password enable the customer to view and edit their data. The customer also has the option of giving themselves a user name of their choosing. The customer undertakes to provide true information.

 

3.3.             The customer is obligated to keep e-mail address and password (“access data”) safe to ensure they cannot get lost or be disclosed to third parties. The customer is to immediately inform us if there is substantiated suspicion of misuse of their access data.

 

4.                Right of Revocation

4.1.             If the customer is a consumer, they have a legal right of revocation.

 

4.2.             The following applies to contracts about the delivery of physical items (e.g., books, text books, other print media, CD-ROMs):

 

 

 

 

 

Revocation Instruction

Right of Revocation

You have the right to revoke this contract within fourteen days without giving reasons.

 

The cancellation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took the last goods into your/its possession.

 

To exercise your right of revocation, you must inform

 

Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart, phone: +49 (0)711 6672 1100, fax: +49 (0)711 988 090 009 11, e-mail: pons@svk-service.de

MELO, Pichler-ÖBZ GmbH & Co. KG, Industriezentrum NÖ-Süd, Straße 1, Objekt 34, 2355 Wiener Neudorf, Postfach 133, Tel. +43(0)223663535-290, Fax: +43 (0) 223 663535-243,

E-Mail: mlo@medien-logistik.at.

 

by means of a clear declaration (e.g., a letter sent by post, a fax or an e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form; this is not a requirement, however; you can also choose other unequivocal means to make your statement. You can fill out and transmit online a revocation form on our website www.pons.de. This form will temporarily only be available in German .If you make use of this option, we immediately send you (e.g., by e-mail) a confirmation of receipt of such a revocation.

 

To comply with the terms of the revocation period, it is sufficient to send your notice of revocation before the revocation period expires.

 

Consequences of Revocation

If you revoke this contract, we are required to reimburse all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from your decision to choose another method of delivery other than the most economical standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive your notice of revocation of this contract. We use the same means of payment for this refund as the one used by you in your original transaction, unless we have expressly agreed another means with you. Under no circumstances will fees incur because of this refund.

 

We are entitled to withhold payment of this refund until we have received the goods returned by you or until you have evidenced that you have returned the goods, whichever event occurs sooner.

 

You are to return or hand back the goods immediately, and in any case no later than fourteen days from the date on which you notified us of your revocation of this contract, to

 

Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart, fax: +49 (0)711 988 090 009 11.

MELO, Pichler-ÖBZ GmbH & Co. KG, Industriezentrum NÖ-Süd, Straße 1, Objekt 34, 2355 Wiener Neudorf, Postfach 133, Tel. +43(0)223663535-290, Fax: +43 (0) 223 663535-243.

 

The notice period is considered complied with if you dispatch the goods prior to the period of fourteen days expiring.

 

You are liable for the direct costs of returning the goods.

 

You are liable have to pay for any loss in value of the goods only if this was caused by handling the goods in a manner other than would be required in order to check their composition, properties or functionality.

 

End of Revocation Instruction

 

 

 

 

 

Sample Revocation Form

(Please fill in this form and return it to us if you wish to revoke the contract about the delivery of physical items.)

Recipients:

Stuttgarter Verlagskontor GmbH
Rotebühlstraße 77, D-70178 Stuttgart
Fax: +49 (0)711 988 090 009 11
E-Mail:
pons@svk-service.de


or

 

MELO

Pichler-ÖBZ GmbH & Co. KG

Industriezentrum NÖ-Süd, Strasse 1, Objekt 34

2355 Wiener Neudorf, Postfach 133

Fax: +43 (0) 223 663535-243

E-Mail: mlo@medien-logistik.at


I/we (*) hereby revoke the contract I/we (*) have concluded regarding the purchase of the following goods (*) / rendering of the following service (*)

Ordered on (*) / received on (*)
Name(s) of consumer(s)
Address(es) of consumer(s)
Signature of consumer(s) (only with paper communication)
Date
(*) Please delete as appropriate

 

 

 

 

4.3.             The following applies to contracts regarding the delivery of digital content (e.g., digital maps, mobile school apps for entire classrooms) and contracts regarding services (e.g., online services):

 

 

Revocation Instruction

Right of Revocation

You have the right to revoke this contract within fourteen days without giving reasons.

 

The revocation period is fourteen days starting from the date of contract conclusion.

 

To exercise your right of revocation, you must inform

 

PONS GmbH, Stöckachstraße 11, D-70190 Stuttgart, e-mail: kundenservice@pons.de.

 

by means of a clear declaration (e.g., a letter sent by post, a fax or an e-mail) of your decision to revoke this contract. You may, but are not obliged to, use the attached template revocation form for this purpose. You can use the sample revocation form below or choose other unequivocal means to make your statement.  You can fill out and transmit online a revocation form on our website www.pons.de. This form will temporarily only be available in German. If you make use of this option, we immediately send you (e.g., by e-mail) a confirmation of receipt of such a revocation.

 

To comply with the terms of the revocation period, it is sufficient to send your notice of exercising your right of revocation before the revocation period expires.

 

Consequences of Revocation

If you revoke this contract, we are required to reimburse all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from your decision to choose another method of delivery other than the most economical standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive your notice of revocation of this contract. We use the same means of payment for this refund as the one used by you in your original transaction, unless we have expressly agreed another means with you. Under no circumstances will fees incur because of this refund.

 

End of Revocation Instruction

 

Contracts about services require the customer’s consent that the service is to begin before the revocation period expires. Contracts about the delivery of virtual digital content (e-books, e-papers, software download) require consent that the contract is to be executed before the revocation period expires. In both cases the customer may lose their right of revocation before the revocation period expires when the provider begins to execute the contract (by activating their access and/or providing the download); in case of services, however, this only applies if the service has been fully rendered. The customer has confirmed their understanding of the fact that their consent may mean that they lose their right of revocation before the revocation period expires.

 

 

Sample Revocation Form

(Please fill in this form and return it to us if you wish to revoke the contract about the delivery of digital content.)

           Recipient: PONS GmbH
       Stöckachstraße 11, D-70190 Stuttgart
       E-Mail: kundenservice@pons.de
I/we (*) hereby revoke the contract I/we (*) have concluded regarding the purchase of the following goods (*) / rendering of the following service (*)


Ordered on (*) / received on (*)
Name(s) of consumer(s)
Address(es) of consumer(s)
Signature of consumer(s) (only with paper communication)
Date
(*) Please delete as appropriate

 

 

 

4.4.             The right of revocation does not apply to distance selling contracts:

 

4.4.1.         for the delivery of goods which are not prefabricated and that are produced based largely on a personalised selection or definition by the consumer, or which are uniquely tailored to the personal requirements of the consumer;

 

4.4.2.         for the delivery of sound or video recordings or of computer software in sealed packaging if the seal has been removed after delivery.

 

5.                Cost-Covering Obligation in the Event of Revocation

           In the event of revocation, the customer bears the direct costs of returning the goods.

 

6.                Conditions of Delivery

6.1.             The delivery throughout Germany is made at the latest within 3 to 10 working days of order receipt or (in the event of advance payment) after a payment order is issued to the transferring bank. Delivery to so-called “Packstationen” (parcel deposits for self-pickup) is not possible. The conditions listed in Clause 8.4 apply to international deliveries.

 

6.2.             The delivery is made to the delivery address specified by the customer.

 

6.3.             The distribution centres decide how the goods are delivered. They are entitled to partial deliveries and partial invoices if the ordered titles are temporarily unavailable and/or not yet published and where this is acceptable for the user.

 

7.                Prices; Payment Conditions

7.1.             The applicable prices are those in effect at the time of ordering. All prices are subject to confirmation.

 

7.2.             The applicable German legal value-added tax is added to orders (gross final price) by consumers in Germany or an EU country.

 

7.3.             If customers ordering from an EU country present a VAT ID, their delivery is made at the applicable net final price, i.e., gross final price minus applicable German legal value-added tax.

 

7.4.             If customers, regardless of whether they are consumers or businessmen, are ordering from non-EU countries, the specified prices are net prices, i.e., without the applicable German legal value-added tax. Customers from non-EU countries are to bear all the nationally applicable taxes and other local fees (such as customs duties) arising in connection with their purchase of the ordered goods.

 

7.5.             The value-added tax applicable in customer’s country of residence or where the customer has his physical address or habitual place of residence is added to the invoice for all electronic services (online products) ordered by consumers from EU countries.

 

7.6.             The following payment terms apply:

 

7.6.1.         Payment is made on account. In individual cases, however, Stuttgarter Verlagskontor GmbH reserves the right to request advance payment. This applies, for example, if the customer is in arrears with prior invoices or if the order value of all invoices still open on the part of the customer exceeds €150.

 

7.6.2.         Invoices are only issued in Euro.

 

7.6.3.         These payment terms are also stated on the invoice. In rare cases where the invoice does not provide this information, the following applies: Invoice amounts are payable without deduction within 30 days after the customer has received the invoice. Payment is to be made by wire transfer to one of the bank accounts of the distribution centre that invoices.

 

7.6.4.         In case of late payment, Stuttgarter Verlagskontor GmbH is entitled to demand default interest. The customer’s obligation to pay default interest does not exclude the right to assert further damage caused by delay.

 

8.                Shipping Costs

 

8.1.             Orders with an order value of €10 or more are delivered free of shipping costs within the Federal Republic of Germany. For orders with an order value of less than €10, we charge a flat shipping rate of €2.50 for postage and packaging, applicable to online orders for delivery within the Federal Republic of Germany. Contrary to the first Sentence 1 in this section, we charge a flat shipping rate of €4.45 for orders not placed via our online shop (i.e., orders by fax, phone or post).

 

8.2.             Partial deliveries of temporarily unavailable items are delivered free of shipping costs.

 

8.3.             The orders are packaged and shipped by means that are—at our discretion—the most economical, unless the shipping agent objects.

 

8.4.             Shipping costs outside Germany

For deliveries outside Germany, shipping costs will be charged according to the table below.

supplying country

goods value

shipping and handling

Austria, Luxembourg

Up to EUR 20,-

EUR 3,50*

 

From EUR 20,-

EUR 0

Switzerland, Liechtenstein

Up to EUR 50,-

CHF 7.00

 

From EUR 50,-

EUR 0

All other European countries

Up to EUR 100,-

EUR 8,-*

All other European countries

From EUR 100,-

EUR 17,-*

Outside Europe

Up to EUR 100,-

EUR 15,-

Outside Europe

From EUR 100,-

EUR 32,-

 

For EU member states VAT is added (7 % for books and magazines, 19 % for other articles. In Austria: 10 % for books, 20 % for other articles)

 

9.                Special Conditions for Teachers and Trainee Teachers

9.1.             Products identified in our online shop by the  icon are teacher’s test specimens to consider possible introduction into lessons; they are offered with a discount of 20% and the right of return within three months.

 

10.              Conditions of Use for Digital Online or Offline Products, Online Services and Software

10.1.          Our website offers digital products such as learning portals, downloads, additional content for certain titles, exercise sheets, learning videos and other displayed content. Our “Conditions of Use for Digital Products and Online Services” apply to these digital products in addition to the regulations in these T&C. The particularities named in Clause 4.3 apply to the right of revocation.

 

10.2.          The use of digital offline products and software is subject to the product descriptions shown to the customer while ordering. Our “Conditions of Use for Digital Products and Online Services” apply in addition to the regulations in these T&C. The particularities named in Clause 4.3 and 4.4.2 apply to the right of revocation.

 

11.              Offsetting; Exercising the Right of Retention

The customer is entitled to offset only if their counter-claims are judicially binding or uncontested or have been recognised by us in writing. The customer may exercise a right of retention only if the claims result from the same contractual relationship.

 

12.              Retention of Ownership

The delivered goods remain our property until they have been paid in full. If the customer is a businessman, we reserve the right of ownership of the goods we have delivered until all demands from the entire business relationship have been fully redeemed. Ownership of the goods is not transferred to the customer until the purchase price has been paid in full.

 

13.              Guarantee

In general, in the event of material defects and defects of title, legal regulations apply, in particular, Sect. 434 et seq. BGB (German Civil Code). The buyer’s demands for defects lapse within two years after delivery of the goods. Contrary to this, the limitation period is twelve months if the customer is a businessman.

 

14.              Liability

14.1.          Irrespective of other legal conditions of entitlement, our liability is subject to the following exclusions and limitations.

 

14.2.          We assume liability if intent or gross negligence are imposed on us. In case of ordinary negligence, we assume liability only if an obligation has been violated that needs to be fulfilled to enable proper execution of the contract; the contractual partner regularly trusts and may trust the compliance with that obligation (so-called material contractual obligation). Otherwise, liability for claims for damages of any kind, regardless of their basis for claim, including liability for fault at contract conclusion, is excluded.

 

14.3.          If we assume liability for ordinary negligence according to Clause 14.2, our liability is limited to such losses as can be typically expected to arise from the circumstances known to us at contract conclusion.

 

14.4.          The above exclusions and limitations of liability do not apply (i) if we have assumed a guarantee for the composition of the goods; (ii) to damage to life, limb or health; or (iii) to statutory rights.

 

14.5.          The stipulations of the German Product Liability Act remain unaffected.

 

15.              Dispute Resolution for Consumers

15.1.          We always strive to maintain a good understanding with our customers. If there are any issues, our customers can contact our customer service at any time. Our customer service is available at kundenservice@pons.de. There is no obligation to contact our customer service; your rights remain unaffected without limitations.

 

15.2.          The European Commission has set up a platform for online dispute resolution. It is available on www.ec.europa.eu/consumers/odr. Consumers can use this platform for resolving disputes. Our e-mail address is kundenservice@pons.de.

 

15.3.          We do not participate in dispute resolution proceedings in front of a consumer arbitration board. There is no obligation to participate in dispute resolution proceedings in front of a consumer arbitration board.

 

 

16.              Concluding Provisions

16.1.          The right of the Federal Republic of Germany applies. The UN law on the sale of goods (CISG) is excluded. If the customer is a consumer and their main residence is in an EU country other than Germany and they have no physical address in the Federal Republic of Germany, the mandatory consumer protection rules of the EU country of their main residence still apply.

 

16.2.          If the customer is a merchant, a legal person under public law or a special fund under public law PONS’ place of jurisdiction is Stuttgart, Germany, or, at the discretion of PONS, the customer’s place of jurisdiction.

 

16.3.          If individual provisions of these T&C are fully or partially void by law or ineffective, the validity of the remaining provisions remains unaffected. The statutory regulation replaces the ineffective provision. The parties undertake to agree on a regulation coming closest to the economical aim and purpose of the ineffective provision.