General terms and conditions
for ThinkTank Verlag, Ingrid Famula, Perhamerstr. 32, 80687 Munich, Germany
(hereinafter referred to as “ThinkTank Verlag”, “we” or “us”)

• § 1 Scope of application of the General Terms and Conditions of Business
• § 2 Conclusion of contract
• § 3 Cancellation Policy
• § 4 Reservation of non-availability
• § 5 Prices
• § 6 Shipping costs
• § 7 Return costs
• § 8 Terms of delivery
• § 9 Terms of payment
• § 10 Terms of Use and Licensing for Electronic Products
• § 11 Retention of title
• § 12 Warranty
• § 13 Customer Service
• § 14 Data protection
• § 15 Applicable law and place of jurisdiction
• § 1 Scope of application of the General Terms and Conditions of Business 1.1 The following General Terms and Conditions shall apply to the business relationship between ThinkTank Verlag and the customer. The ThinkTank Verlag does not recognize any deviating terms and conditions of a customer unless the ThinkTank Verlag has expressly agreed to their validity. 1.2 These General Terms and Conditions of Sale and Delivery (hereinafter referred to as “GTC”) apply to all orders placed by consumers and companies (hereinafter referred to as “Customer”) via all available order channels. All supplies of goods and services are made exclusively on the basis of the following General Terms and Conditions in the version in effect at the time of the order.
• § 2 Conclusion of contract 2.1 You submit a binding offer to ThinkTank Verlag when you place your order on the website. When you place an order, we will send you an e-mail confirming receipt of your order (order confirmation). This order confirmation does not represent an acceptance of your offer, but is only intended to inform you that we have received your order. The sales contract is only concluded once we have accepted the offer to conclude a sales contract represented by your order or by shipment of the respective goods. 2.2 Your order is initiated by entering all necessary information during the ordering process and sending it to us. 2.3 If a consumer orders the goods electronically, the text of the contract will be stored by us and sent to them on request along with the present General Terms and Conditions by e-mail.
• § 3 Cancellation Policy Consumers are entitled to a statutory right of cancellation. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession (§ 13 BGB). STATUTORY RIGHT OF CANCELLATION Cancellation Policy You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which you or a third party designated by you other than the carrier took or has taken possession of the goods. In order to exercise your right of cancellation, you must inform you by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this Agreement. Post Address: ThinkTank Verlag
  Ingrid Famula
  Perhamerstr. 32
  80687 Munich, Germany E-Mail: info@thinktank-Verlag.de In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.. CONSEQUENCES OF CANCELLATION If you cancel this contract, we will refund to you all payments we have received from you, including delivery charges (with the exception of additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your cancellation of this contract. When issuing this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to issue a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the cancellation of this contract at the latest. ThinkTank Verlag
  Ingrid Famula
  Perhamerstr. 32
  80687 Munich, Germay This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods yourself. You only have to pay for any loss in value of the goods if this loss in value is attributable to handling them in a way that is not necessary to check their condition, properties and functionality. – End of the legal notice of your cancellation rights – Exclusion or premature expiry of the right of cancellation: No right of cancellation applies to goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs. The same is valid for articles which are not suitable for a return due to their character such as eBooks/Apps (see also § 10) and downloads. As expressly agreed with the customer upon placement of the order, the right of cancellation does not apply to eBooks/Apps and downloads since execution of the contract begins before the expiry of the cancellation period.
• § 4 Reservation of non-availability We reserve the right to refrain from executing your order if we do not have the ordered title in stock and the goods on order are therefore not available. In this case we will inform you immediately about their unavailability and refund any purchase price you have already paid without delay.
• § 5 Prices 5.1 All prices are apply subject to statutory value added tax and if necessary shipping charges. Books and publishing products from German publishers are subject to fixed prices. 5.2 Different prices may apply to deliveries to EU countries/third countries. We will inform you of this immediately and, at the latest, when confirming the order.
• § 6 Shipping costs 6.1 Germany: A shipping fee applies to shipments within Germany, the amount of which depends on the order quantity. Up to 2 kg: 5,00 € Up to 5 kg: 7,50 € Up to 10 kg: 10,00 € Up to 31 kg: 20,00 € Darüber hinaus: Versandkosten auf Anfrage. The following flat rates for shipping costs apply to deliveries to Switzerland:
  Up to 1 kg: 8,50 € Up to 2 kg: 18,50 € Up to 5 kg: 28,50 € Up to 10 kg: 37,00 € Up to 20 kg: 52,00 € Up to 31 kg: 60,00 € Other shipping costs available on request. The following flat rates for shipping costs apply to deliveries to the EU:
  Up to 1 kg: 8,50 € Up to 5 kg: 18,50 € Up to 10 kg: 23,00 € Up to 20 kg: 35,00 € Up to 31 kg: 50,00 € The following flat rates for shipping costs apply to deliveries outside the EU (Norway, USA, etc.):
  Up to 1 kg: 8,50 € Up to 2 kg: 18,50 € Up to 5 kg: 39,00 € Up to 10 kg: 56,00 € Up to 20 kg: 80,00 € Up to 31 kg: 110,00 € In the case of delivery to Switzerland or other foreign countries, the buyer shall pay any taxes and customs duties that may be due.
• § 7 Return costs In the case of a cancellation (§ 3) you have to bear the costs of the return in the merchandize delivered correspond to your order.
• § 8 Terms of delivery 8.1 We deliver with DHL or another carrier of our choice. 8.2 Deliveries are made based on the availability of the products and after sending our order confirmation or after receipt of payment of your cash in advance within 3 working days. Unless otherwise agreed, delivery shall be ex warehouse to the delivery address specified by the customer. 8.3 We shall be entitled to withdraw from the contract with the customer if, through no fault of our own, we are unable to deliver the ordered goods because our printer fails to fulfil its contractual obligations. In this case, you as the customer will be informed immediately that the ordered product is not available. This is without prejudice to the customer’s statutory rights. Any prepayment will be refunded immediately.
• § 9 Terms of payment 9.1 Unless otherwise specified, the purchase price shall become due upon conclusion of the contract. Payment is either made in advance or upon issuance of an invoice. We reserve the right to examine and exclude individual payment methods of the customer in specific cases. This depends, among other things, on the creditworthiness of the customer. 9.2 In the case of advance payment, we will provide you with our bank details in the order confirmation. In the case of payment by invoice, the amount due for payment is due immediately without deduction. Payment on account is only possible for consumers 18 years and older. 9.3 You are only entitled to a right of set-off if your counterclaims have been legally established in court or are undisputed or have been acknowledged by us in writing. You can only exercise a right of retention if the claims result from the same contractual relationship.
• § 10 Terms of Use and Licensing for Electronic Products 10.1 The customer shall not acquire ownership of the electronic products (apps and downloads). The customer acquires a simple, non-transferable right to use the product offered exclusively for personal use. ThinkTank Verlag acts only as an intermediary for the ordering of electronic products. There is no right of cancellation/return, as in the case of apps/downloads the customer makes use of a service which is already provided with the conclusion of the contract. 10.2 The content of an electronic product may not be altered by the customer either in terms of substance or editorially. 10.3 The customer is permitted to copy electronic products exclusively for personal use. The following are prohibited: passing on electronic products to third parties (including friends, relatives, acquaintances), making them publicly accessible or passing them on, placing them on the Internet or in other network media, whether for consideration or free of charge, re-selling them and/or using electronic products for commercial purposes of any kind. Further restrictions on the use of electronic products may result from Digital Rights Management (DRM) described in more detail in the product description (e.g. restrictions on the number of downloads or usable playback devices). 10.4 Electronic products may be individually marked with a personal, visible or invisible, non-erasable watermark during download.
• § 11 Retention of title Ownership of delivered products shall not pass to the customer until the purchase price has been paid in full. The customer shall not be entitled to pledge, assign by way of security, process or modify the reserved goods prior to the transfer of ownership. If the customer is in arrears with one or more payments in whole or in part, if they suspend payments or if insolvency proceedings have been instituted against their assets, the customer may no longer dispose of the reserved goods. In such a case, we shall be entitled to withdraw from the contract without having to set the customer a deadline for performance beforehand. Even without withdrawing from the contract, we are entitled to demand the return of goods subject to retained title.
• § 12 Warranty 12.1 If you are a consumer, your warranty rights are based on applicable laws. 12.2 This shall not apply if the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch) and the purchase is for their commercial business:
  (1) With regard to all deliveries and services of the seller in execution of this contract, the buyer assumes an obligation to inspect and give notice of defects in accordance with § 377 German Commercial Code (HGB).
  (2) ThinkTank Verlag shall not be liable for damages that are not inherent to the products themselves; in particular, we shall not be liable for lost profits or other financial losses. Insofar as the liability of ThinkTank Verlag is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.
  (3) If there is a defect in the product for which ThinkTank Verlag is responsible, the customer may demand supplementary performance (cure or replacement delivery). If ThinkTank Verlag is not in a position to provide supplementary performance or is not prepared to do so due to disproportionality, or if this is delayed beyond reasonable periods for reasons for which ThinkTank Verlag is responsible, or if supplementary performance fails in any other way, you shall be entitled to demand a reduction in the purchase price or withdraw from the contract.
  (4) We expressly note that warranty claims due to possible defects in electronic products must be sent directly to the operator of the shop. We are not liable as intermediaries in this respect. We also assume no liability for the topicality, completeness, availability and correctness of the information provided. Nor do we assume any liability for the usefulness of the information. We are not liable for the accuracy, completeness and timeliness of the content of the products sold. Nor do we assume any liability for the usefulness of the information contained in the products. We are not liable for loss of profit or other financial losses of the customer.
  (5) If there is a defect in our intermediary services for which we are responsible, the customer may demand supplemental performance. If we are not in a position to provide supplementary performance or are not prepared to do so due to disproportionality, or if this is delayed beyond reasonable periods for reasons for which we are responsible, or if supplementary performance fails in any other way, you shall be entitled to withdraw from the contract.
  (6) The limitation period for warranty claims is one year from the passage of risk.
  
• § 13 Customer Service If you have any questions, complaints or concerns, please contact our customer service by e-mail at info@thinktank-verlag.de.
• § 14 Data protection 14.1 Personal data is information that indicates your identity such as name, address, postal address, delivery address, telephone number or e-mail address. We store your personal data only to the extent necessary to process your order or to the extent you have given your consent, for example to create a customer account. With the exception of shipping or payment companies involved, we do not pass on your personal data to third parties. 14.2 Apps and downloads: The files offered here for download can be individually marked with digital watermarks, so that in the case of an abusive use under consideration of all compelling legal regulations the investigation and pursuit of the original buyer is possible. 14.3 Information: You have a right to free information about your stored data and, if necessary, a right to rectification, blocking or erasure of this data. If you have any questions about the collection, processing or use of your personal data, or if you would like information, rectification, blocking or erasure of data, please contact: info@thinktank-verlag.de 14.4 For further information please refer to our Privacy Policy
• § 15 Applicable law and place of jurisdiction 15.1 In the case of customers who enter into a legal transaction for purposes that predominantly are outside their trade, business or profession (consumer), this choice of law shall only apply to the extent that it does not invalidate mandatory provisions of the law of the country in which they have their habitual residence. 15.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be Munich. 15.3 Online platform (OS platform) for out-of-court settlement of disputes in transactions with consumers: As an online trader, we are obliged to inform you of the European Commission’s Online Dispute Resolution (OS) platform. This OS platform is accessible via the following web address: http://ec.europa.eu/consumers/odr/. We are legally obliged to inform you that the consumer arbitration board responsible for you is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein (http://www.verbraucher-schlichter.de). At the same time, we would like inform you that we are not willing to participate in the dispute resolution procedure offered by this consumer arbitration body.