1. scope of application
For legal transactions and acts similar to legal transactions between Black Dog Comics OHG and the customer, the following terms and conditions apply exclusively.
2. conclusion of a contract
The information on the website of Black Dog Comics OHG is not yet a binding contract offer. The customer can either place a binding order and thus a contract offer or send a non-binding delivery request to Black Dog Comics OHG. In case of doubt Black Dog Comics OHG assumes a non-binding delivery request. After receipt of the order or the delivery inquiry the customer receives an invoice about the actually deliverable goods. If the customer has already made a binding contract offer and the invoice agrees with the order, a contract of sale for the ordered goods is concluded upon receipt of the invoice by the customer. If the customer has only made a non-binding delivery request or if the invoice differs from the customer's order, the invoice represents a contract offer to which Black Dog Comics OHG is bound only until the expiration of the payment deadline set in the invoice. The customer accepts this offer by paying the invoice amount within the set period. With the payment a binding contract between Black Dog Comics OHG and the customer comes about.
3. Prices, payment and shipping costs
All prices are in Euro and include the statutory value added tax. Prices do not include packaging and shipping costs.
Delivery takes place within the federal territory against payment by prepayment, direct debit, PayPal, credit card, invoice or cash on delivery. Payment by direct debit or invoice is not available for new customers. After filling out and returning a signed direct debit authorization, payment by direct debit is possible. In the event of a return debit note, any fees incurred (approx. EUR 10.00) will be charged to the customer. If payment is made by cash on delivery, an additional EUR 7.00 cash on delivery fee will be charged.
3.3 Shipping costs
Subscribers who receive deliveries once a month will be charged the exact postage. For single orders within Germany, a flat postage rate of currently EUR 3.00 will be charged for each shipment. The shipping of figures or posters and especially supplies like backing boards or comic boxes costs extra, there will be an additional charge of EUR 5.00. This charge is for single orders and subscribers also. For current reasons, additional delivery costs of EUR 20 - 30 will be charged for orders of COMIC BOX LONG. For deliveries abroad the exact costs will be charged. Outside the federal territory payment is only possible with prepayment, credit card or PayPal. For goods deliveries to countries outside the European Union, additional customs duties and fees may be incurred, which the customer must bear. The delivered goods remain our property until full payment.
Unless otherwise agreed, Black Dog Comics OHG delivers ordered goods immediately after receipt of payment, but no later than 30 days after receipt of payment. The delivery deadline is met if the goods have left the warehouse within this period.
The customer has to set Black Dog Comics OHG a reasonable grace period of at least two weeks if the delivery period is exceeded.
Subscribers usually receive once a month a total delivery of all ordered articles from subscriptions and individual orders together.
If the delivery of the goods fails for reasons for which the customer is responsible and the shipment is returned to Black Dog Comics OHG by the transport company, Black Dog Comics OHG will resend the goods after consultation with the customer. Additionally developing forwarding expenses have to carry the customer. Black Dog Comcs OHG is entitled to claim these costs in advance.
5. Right of revocation
5.1 Right of revocation
You have the right to revoke the purchase contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the purchase contract by means of a clear statement (e.g. letter by mail, e-mail or fax). Contact us at: Black Dog Comics, Rodenbergstr. 9, 10439 Berlin, 030-447-36486 (phone), 030-447-36498 (fax), info07 @ blackdog.de
(e-mail). To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. The revocation is excluded for goods that are clearly tailored to the personal needs of the customer (§312g Abs.4 Nr. 1 BGB). The revocation is further excluded for all magazines, such as Previews, Wizard, etc.. ( §312g Abs.4 Nr.7 BGB).
5.2 Consequences of the revocation
If you revoke the purchase contract, we have to refund all payments we have received from you, including delivery costs, immediately and at the latest within 14 days from the day we have received the notification of your revocation of the purchase contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. 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 or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of the purchase contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to your handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
The customer is obliged to inspect the goods upon receipt and obvious defects immediately, but no later than within a period of two weeks to Black Dog Comics OHG. The same obligation is incumbent on the customer in case of other defects of the purchased goods from the time of discovery. The complaints must be made through the means of communication specified in paragraph 5.1. If the notification is not made in due time, the goods shall be deemed approved with regard to these defects. The assertion of warranty claims is thus excluded.
In the event of a defect in the goods, the customer must set Black Dog Comics OHG a reasonable deadline for subsequent performance of at least two weeks.
Black Dog Comics OHG as well as its representatives and vicarious agents are liable regardless of the legal basis of liability only for damages that are based on a breach of fundamental contractual obligations and which are typically foreseeable, as well as for damages caused by gross negligence or willful misconduct. This limitation does not apply to damages resulting from injury to life, body or health of a human being or to damages based on the absence of a warranted characteristic or for which liability is provided for under the Product Liability Act.
8. Dispute resolution
As of February 15, 2016, the EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without having to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/odr
. Our e-mail address is: info07 @ blackdog.de
We shall endeavor to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in any arbitration proceedings.
9. Final provisions
In all other respects, the statutory provisions shall apply, even if parts of these General Terms and Conditions are invalid. Subsidiary agreements and other agreements of the contracting parties require the text form. The contract shall be governed exclusively by the laws of the Federal Republic of Germany. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.