General Terms and Conditions (AGB)

§ General

All current and future business relationships with BUXUS EDITION der gemeinnützigen BUXUS STIFTUNG gGmbH (hereinafter referred to as BUXUS EDITION) are based exclusively on these terms and conditions in the version current at the time of the customer’s order. Changes to these terms and conditions and the validity of deviating terms and conditions require the express written consent of BUXUS EDITION.
BUXUS EDITION is a platform that offers the entire book trade range. In addition to these terms and conditions, the corresponding terms of use of the respective publishers and suppliers may therefore apply to individual products. These may be available on the product page under the respective product information.

§ Conclusion of contract

The customer can select products. By clicking on the “Order with costs” button, the customer places a binding order for the products selected. The customer can change and view the data at any time before placing the order. However, the order can only be placed if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button.

The product presentation on the BUXUS STIFTUNG gGmbH homepage (www.buxus-stiftung.de) is merely an invitation to submit an offer. The customer who sends an order submits a binding offer, which BUXUS EDITION reserves the right to accept. The customer will be informed of the receipt of his order immediately by e-mail. The order confirmation is sent automatically and does not constitute acceptance of the contract. A contract is concluded when BUXUS EDITION accepts the offer submitted by the order by means of an order confirmation. If no order confirmation is issued, the contract is established by sending the publishing works.

We reserve the right to refrain from fulfilling your order for works that are not in stock, not yet published or not yet published. The latter will be earmarked for later despatch. Delivery will be made without further enquiry upon publication. Partial deliveries are possible. In this case, the customer will receive a separate confirmation of the delivery dates. This does not constitute a guarantee of a specific delivery date.

§ Right of cancellation for contracts for the delivery of goods

Consumers have a 14-day right of cancellation. Cancellation policy:

Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, receives the goods,

have taken possession of the goods, if you have ordered one or more goods as part of a single order and these are delivered as a unit; b) have taken possession of the last goods, if you have ordered several goods as part of a single order and these are delivered separately; c) have taken possession of the last partial consignment or the last item, if you have ordered one item and these are delivered separately; d) have taken possession of the last partial consignment or the last item, if you have ordered one item and these are delivered as a unit. (d) have taken possession of the first goods, if goods are supplied as part of an order for the regular delivery of goods over a fixed period of time.

In order to exercise your right of cancellation, you must inform us, BUXUS EDITION der gemeinnützigen BUXUS STIFTUNG GmbH, of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail). To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us (BUXUS EDITION der gemeinnützigen BUXUS STIFTUNG GmbH, Feldmark 107, 44803 Bochum) immediately and in any case within 14 days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the 14-day period has expired.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Exclusion of the right of cancellation
Unless the parties have agreed otherwise, the right of cancellation does not apply to the following contracts:
a) Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
b) contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts;

With regard to the form of cancellation, please refer to the PDF “Cancellation”, which can be printed out and sent to us.

§ Prices, shipping costs, quantity discounts

All prices quoted by BUXUS EDITION are total prices in euros. They include the applicable statutory VAT and other price components. Delivery, shipping costs or other costs are calculated as follows:

For shipping in the context of individual orders within Germany, Switzerland and Austria, € 4.50 will be charged regardless of the order value, but no additional freight – delivery – or shipping costs or other costs. For shipping to other countries of the European Union and the European Economic Area, a flat-rate shipping fee of € 7.50 per delivery will be charged; for deliveries to countries outside the European Union, a flat-rate shipping fee of € 15.00 will be charged. Any customs duties and taxes to be paid in accordance with the applicable laws shall be borne by the customer.
For price-bound products, the legally binding prices set by the publisher in accordance with the Book Price Fixing Act shall apply. Deviations are not permitted by law. Price deviations due to data supplies or data entry errors cannot be excluded. In this case, the prices in accordance with the fixed book price law still apply.

If larger quantities of ONE title are purchased by ONE customer, e.g. as a gift for friends or employees, we or the bookseller will grant the end customer a quantity discount on the retail price according to the following scale: 25-49 copies: 8%; 50-99 copies: 10%; 100 copies or more: 12%.

§ Delivery

The book trade and other resellers, such as book tables, are supplied at the usual industry conditions. Please request our detailed terms of delivery for resellers by e-mail (info@buxus-edition.de). All deliveries are made at the customer’s expense and risk. The delivery time is between 3 and 7 working days. BUXUS EDITION will not provide compensation for lost or damaged deliveries.

§ Warranty

All goods from our shop are subject to statutory warranty claims. The customer, as a consumer, is obliged to inspect the entire delivery immediately upon receipt. Complaints and objections to defects and other faults that were obviously recognisable on delivery must be made by the customer to BUXUS EDITION in writing or by e-mail within 8 days of receipt of the delivery, enclosing the relevant invoice. Otherwise the assertion of the warranty claim is excluded. If the customer is not a consumer, the delivered goods shall be deemed approved in this case. Otherwise, §§ 377f. HGB apply accordingly. BUXUS EDITION provides warranty for defects by repair or replacement delivery at its discretion. Multiple repairs are permitted. If the rectification or replacement delivery fails after a reasonable period of time, the customer may demand cancellation or reduction at his discretion.

§ Data protection

The personal data required for orders or enquiries, such as name, telephone number, address or e-mail address, will not be passed on to third parties. We use your e-mail or postal address to inform you about the status of your order, to make enquiries or to send you ordered goods. Your data may be used by us to send you future information (e.g. BUXUS STIFTUNG newsletter by e-mail or a printed programme selection by post). If you do not agree to receive information from us, please let us know.

§ Liability

BUXUS EDITION is only liable for wilful and grossly negligent breach of duty by itself, its legal representatives or vicarious agents. BUXUS EDITION is only liable for slightly negligent breach of a principal obligation up to the amount of the typically foreseeable damage and insofar as the positive interest is violated. The typically foreseeable damage amounts to a maximum of twice the order value for the contract on which the event giving rise to liability is based. These exclusions and limitations of liability do not apply to damages resulting from injury to life, limb or health.

Other claims for damages by the customer are excluded. The provisions of the Product Liability Act remain unaffected. The aforementioned limitations of liability also apply in favour of the legal representatives and vicarious agents of BUXUS EDITION der gemeinnützigen BUXUS STIFTUNG gGmbH if claims are asserted directly against them.

§ Terms of payment

The delivery of goods is always made against payment on account.

The invoice amount is due for payment without deductions at the time specified by the publisher. In the event of late payment by the purchaser, BUXUS EDITION is entitled to charge interest on arrears at a rate of 4% above the current discount rate of the Deutsche Bundesbank. If the customer defaults on payment of an invoice, all other invoices become due immediately.
BUXUS EDITION reserves the right in justified exceptional cases to supply customers, such as those who have not or not properly fulfilled a previous payment obligation, only against advance payment.
The customer can only offset counterclaims that are legally established, undisputed or recognised by BUXUS EDITION. The customer can only assert a right of retention on the basis of counterclaims that are based on the same contractual relationship and are undisputed or have been recognised by declaratory judgement.

§ Retention of title

BUXUS EDITION retains ownership of all delivered publishing works for contracts with consumers until the purchase price has been paid in full, and for contracts with customers who are not consumers until all claims from the business relationship with this customer have been fulfilled. Pledging or transfer by way of security is not permitted. Any seizure by third parties must be objected to immediately and BUXUS EDITION must also be informed of this immediately. The intermediary is authorised to resell in the ordinary course of business. The reseller is obliged to sell price-bound publications at the sales prices (retail prices) set by the publisher. All prices quoted in Germany, Austria and Switzerland include the applicable value added tax.

§ Returns

Returns of permanently ordered published works are only possible in justified exceptional cases and require the written consent of BUXUS EDITION, which must be enclosed with the return. The return request must contain the reference data. The prerequisite for any return is that the publisher’s works are in a saleable condition and that they are not editions or print runs that the publisher no longer supplies. BUXUS EDITION alone shall decide on the saleability. Published works with price entries, customer labels or inventory notes are deemed unsaleable. The return does not release the customer from the obligation to pay.

§ Free copies and review copies

Free copies will not be issued. Review copies can be ordered from BUXUS EDITION by e-mail. To ensure free delivery, please state the name of your newspaper/magazine.
Ordering a free review copy obliges the reviewer to inform BUXUS EDITION of the review by sending a corresponding review receipt. If such a receipt is not received by the publisher within six months of the delivery date, BUXUS EDITION is entitled to charge for the title as normal.

§ Online settlement of consumer disputes

The so-called ODR regulation (Online Dispute Resolution) aims to create an independent, impartial, transparent, effective, fast and fair out-of-court option for resolving disputes. The platform for online dispute resolution (ODR platform) in accordance with Article 14 (1) of the ODR Regulation for consumers can be found at http://ec.europa.eu/consumers/odr. We would also like to draw your attention to this.

§ Place of jurisdiction and place of fulfilment

As far as can be agreed, Munich is the place of jurisdiction and place of fulfilment for all claims arising from the contractual relationship with BUXUS EDITION. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is also Munich.

§ Final provisions

The substantive and applicable law of the Federal Republic of Germany shall apply. The customer’s order data shall be stored in compliance with the BDSG. Should individual provisions of the contract between BUXUS EDITION and the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should there be a loophole, this shall not affect the validity of the remaining provisions. The non-exercise of rights by BUXUS EDITION – even over a longer period of time – does not entitle the customer to invoke the waiver of these rights by BUXUS EDITION or forfeiture.

Bochum, 06/02/2025