GENERAL TERMS AND CONDITIONS

1. Scope
1.1 These General Terms and Conditions (hereinafter “GTC“) of Michael Brailey, acting under “Overland Europe“ (hereinafter “Publisher“), apply to all contracts for the supply of goods that a consumer or contractor/entrepreneur (hereinafter referred to as “customer“) with the Publisher regarding the goods presented by the Publisher in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer in the sense of these GTCs is any natural person who concludes a legal transaction for a purpose which cannot be attributed to its commercial or independent professional business.
1.3 Entrepreneur within the meaning of these GTCs is a natural or legal person or a legal partnership that enters a legal transaction as part of their employed or self-employed occupational activity (see also §10 Advertising/marketing below).
1.4 Subject of the contract may be, depending on the product description of the Publisher, both the receipt of goods by means of a one-time delivery and the purchase of goods by means of a permanent delivery (hereinafter referred to as “subscription contract“).
In the case of a subscription contract, the Publisher undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually due time intervals.
Our offers and prices are non-binding and subject to change at any time, unless otherwise explicitly agreed.

2. Contract materialisation
2.1 The product descriptions contained in the Publisher’s online shop do not constitute binding offers by the Publisher, but serve as the basis for a legally binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the Publisher. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer to the Publisher by e-mail or by post.
2.3 The Publisher may accept the customer’s offer within five days (and a contract is concluded) by submitting to the customer a written order confirmation or an order confirmation in text form (e-mail), or by delivering the ordered goods to the customer, or by requesting the customer to pay for his order.
If more than one of the alternatives mentioned above apply, the contract comes into effect at the time of whichever alternative happens first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the Publisher does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Publisher’s online order form, the contract text will be stored by the Publisher and sent to the customer upon submission of his order. However, the contract text cannot be retrieved by the customer after the submission of his order via the Publisher’s website.
2.5 Prior to placing the order on the Publisher’s online order form, the customer can identify possible typing errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 The contract is concluded either in English or in German.
2.7 The order processing and communication usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order processing is correct, so that the e-mails sent by the Publisher can be received at this address.
In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the Publisher or by third parties commissioned with the order processing can be delivered.

3. Revocation right
3.1 Consumers are entitled to the right of cancellation according to the following conditions:
3.2 You have the right to withdraw from this contract within fourteen days without stating reasons (Cancellation Policy).
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
By way of derogation, in the case of a contract for the regular supply of goods for a fixed period of time, the withdrawal period shall be fourteen days from the date on which you or a third party named by you, who is not the carrier, have taken possession of the first delivery.
To exercise your right of withdrawal, you must notify us (Michael Brailey, Overland Verlag, Jagststr. 17, 51061 Cologne, Germany, email: info@overland-europe.com) by means of a clear statement (eg., a letter sent by post or email) about your decision to withdraw from this contract.
In order to maintain the withdrawal period, it is sufficient for you to send the notification concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
3.3 If you withdraw from this contract, we will reimburse all the payments we have received from you for these goods, including delivery charges (except for any additional costs resulting from your choice of a different type of delivery than the most economical standard delivery), immediately and no later than fourteen days from the day on which the notification of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; we will not charge repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you despatch the goods before the deadline.
You will be responsible for cost of returning the goods.
You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
3.4 Exclusion or premature termination of the right of withdrawal: The right of withdrawal does not apply to contracts for the delivery of newspapers, magazines, periodicals and/or virtual contents.
3.5 Note:
3.5.1 Please avoid damage and contamination of the product. Please return the goods in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage.
3.5.2 Please do not return the goods freight forward.

4. Invoicing/payment terms
4.1 Unless otherwise stated in the Publisher’s product description, the indicated prices are total prices which include the currently applicable Value Added Tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Publisher is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (eg., transfer fees, exchange rate charges) or import duties and taxes (eg., customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the Publisher’s online shop.
4.4 If advance payment (eg., by bank transfer) has been agreed, the payment is due immediately upon conclusion of the contract, unless the parties have agreed otherwise.
4.5 If payment is made by a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal“), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—under the terms and conditions of payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 Orders via the Spreadshirt Shop are subject to the terms of the Spreadshirt Terms of Use, available at https://www.spreadshirt.co.uk/t-and-c-customers-C2377.

5. Orders/despatch
5.1 The delivery of goods shall be made to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the Publisher shall prevail. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment by PayPal shall prevail.
5.2 If the transport company returns the goods to the Publisher, as delivery to the customer was not possible, the customer shall bear the cost for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances leading to the impossibility of service delivery.
Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. In the case of effective exercise of the right of withdrawal by the customer, the return regulation costs shall be governed by the provision made in the Publisher’s Cancellation Policy.
5.3 Pickup is not possible for logistical reasons.

6. Duration and early termination of subscription contracts
6.1 Subscription contracts are limited in duration, are concluded for the contract period apparent from the respective product description in the Publisher’s online shop (usually 12 months), and automatically renews after the end of the contract period unless digitally cancelled at least 24 hours prior to the current period.
6.2 The right to extraordinary termination for cause remains unaffected.
An important reason exists if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part cannot reasonably be expected to continue the contractual relationship until the agreed termination or expiry of a period of notice.

7. Retention of title
If the Publisher delivers in advance, he reserves ownership of the delivered goods until full payment of the purchase price owed.

8. Returns/refunds
Newspapers, magazines, periodicals and/or virtual contents may not be returned, nor will their cost be refunded.

9. Data protection/security
The data required for your order will be collected, processed and used in accordance with the provisions of the Federal Data Protection Act (BDSG) in its latest version. For a reliable transfer of your data, the Publisher’s commissioned service-provider uses coded procedures (ref. Privacy Policy).
This means that communications between your browser and the Publisher’s accounting system are nor readable for other participants in the Internet.

10. Advertising/marketing
10.1 An advertising order in the sense of these General Terms and Conditions of Business, is a contract in respect of the publication of one or more advertisements.
10.2 Advertising orders shall be completed within one year after conclusion of contract. Joint (linked) advertisements for different clients shall be invoiced according to the basic price.
10.3 Rebates and discounts, as listed in the price list for advertisements, are valid within a year from the publication of the first advertisement only.
10.4 Upon conclusion of a sales contract, the client shall have the right, within the time frame agreed, to call for more advertisements than the quantity stated in the order.
10.5 If a contract is not fulfilled due to circumstances beyond the control of the publisher and for which the publisher is not responsible, the client shall reimburse the publisher with the difference between the rebate granted and the actual delivery, notwithstanding possible further legal obligations. Reimbursement shall be waived if the contract could not be fulfilled by the publisher due to force majeure.
10.6 If prices for advertisement change, the new conditions shall apply immediately, if not otherwise agreed between the client and the publisher.
10.7 The publisher undertakes no guarantee for the acceptance of advertisements, inserts or supplements at predetermined positions in the magazine unless the client has made this a stipulation for granting of the order.
10.8 The publisher is under no obligation to meet the estimated publish dates and, unless the client has made this a stipulation for granting of the order, cannot be made liable for reimbursement or subsequent fulfilment. (A date, deadline or similar on the artwork itself are not sufficient—the client must specify this in writing and have it expressly confirmed by the publisher.) Further liability of the publisher is excluded.
10.9 Advertisements that are not recognisable as such by reason of their design, shall be clearly designated with the word “Advertisement” by the publisher.
10.10 The publisher undertakes to apply all due diligence and care as befits a prudent businessman with regard to the acceptance and proofreading of advertisements, texts and images, accepts, however, no liability. The client alone shall be liable for the legal clearance of the advertisement. Should the publisher, due to infringement of the rights of third parties, whatsoever the reason, be held liable, the client shall be obliged to indemnify the publisher. This also includes legal defence fees.
10.11 The publisher reserves the right to refuse acceptance of advertising orders—also individual calls within the framework of a contract—by reason of the content, source of origin or the technical form in accordance with the uniform, factually justified principles of the publisher, if the content is in violation of official rules and regulations, or if publication is unacceptable to the publisher.
10.12 Test prints shall only be delivered upon express request and at the client’s expense.
10.13 The client is alone responsible for the accuracy of the test prints returned to the publisher. If the test prints are not returned to the publisher within the agreed time limit, release to print shall be taken as granted.
10.14 The client is responsible for the timely delivery of the text of the advertisement as well as faultless printing material or supplements/inserts. For clearly unsuitable or damaged printing material the publisher requires immediate replacement. In the case of advertisements placed by telephone, or modifications initiated by telephone, as well as in the case of errors due to illegibility, the publisher shall accept no liability for the correct reproduction.
If the publisher is unable to immediately recognise possible faults in the material, which only become obvious during printing, the client shall have no right to claim in the case of erroneous or insufficient reprint or copy. This also applies in the case of defective repeat advertisements, if the client does not point out the error in time before printing of the next advertisement.
10.15 The publisher guarantees the faultless reproduction of the advertisement with regard to printing. The client has in the case of whole or partly illegible, incorrect or incomplete copying of the advertisement the right of subsequent fulfilment, but only in as far as the purpose of the advertisement was influenced. Further liability of the publisher is excluded. Claims must be—except in the case of faults that are not obvious—be put forward within four weeks after receipt of the invoice or supporting counterfoils resp.
10.16 Invoices are payable within 14 days after date of the invoice, net—but no later than the due date for creative materials. The publisher has the right to charge interest on arrears if the payment deadline is exceeded. In the case of default of payment, the publisher is able to defer further fulfilment of the current order until payment has been executed and is also able to demand prepayment for the remaining advertisements.
10.17 Upon request the publisher shall supply an advertising counterfoil. Depending on the type and scope of the order, advertisement cuttings, pages or complete voucher numbers shall be delivered.
10.18 Costs incurred for the preparation of ordered printing material, as well as for modifications requested by the client, or for which the client is responsible, shall be paid by the client.
10.19 Creative material shall only be returned by the publisher to the client upon special request. The obligation for storage ends two months after publication of the advertisement, if not otherwise agreed.
10.20 Place of fulfilment and jurisdiction is Cologne, Germany, and subject to all provisions of the German Commercial Code.

11. Applicable law
The legal venue and place of performance for all claims is Cologne, Germany.

12. Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Publisher is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

13. Final provisions
On account of the special technical features of the Internet, the permanent availability of all reservation modules cannot be guaranteed.
If individual clauses of these GTCs are invalid, the other clauses will remain in full force and effect. The exclusive applicability of German law to the exclusion of international civil law and the UN Convention on Contracts for the International Sale of Goods is hereby agreed.

Source: it-recht-kanzlei.de & eRecht24