§1 Validity and definition of terms
(1) ZKS Verlag für psychosoziale Medien, Winterhäuser Str. 13, 97199 Ochsenfurt, Germany (hereinafter: »we« or »ZKS, publisher for psychosocial media«) operates an online shop for products on the website »https://zks-verlag.de«. The following general terms and conditions, shall apply to all our services between ourselves and our customers (hereinafter: »customer« or »you«) according to the valid version at the time of placing the order, unless explicitly agreed otherwise.
(2) In the context of these terms and conditions, a »consumer« is any natural person who concludes a legal transaction for purposes which are predominantly not related to his or her trade, business or profession. An »entrepreneur« is a natural or legal person or a partnership with legal capacity that enters a legal transaction as part of their employed or self-employed occupational activity. In this context, a partnership with legal capacity is a partnership capable of acquiring rights and incurring obligations.
§2 Formation of contract, Storage of contract text
(1) The following rules for the contractual process apply to orders placed via our online shop at https://zks-verlag.de.
(2) Our product presentations on the Internet are merely indicative and do not represent any binding offer towards finalizing a contract.
(3) The following rules apply when placing an order via our online shop: the customer places a binding offer by successfully completing the ordering process provided in our online shop. Placing an order is done by simply following the steps below:
Selecting the desired product,
Adding the products by clicking on the appropriate button (e.g. »add to cart«, »add to bag« or similar),
Examining the details in the shopping cart
Viewing the order overview by clicking on the appropriate button (e.g. »checkout«, »proceed to checkout«, or similar),
Entering and checking address and contact data, selecting the mode of payment, acknowledging the GTC and revocation policy,
Completing the order by clicking on the button »pay now«. This constitutes your binding order.
The contract takes effect upon receiving our order confirmation via email to your specified address within three working days.
(4) If a contract has been concluded, it is entered with ZKS, publisher for psychosocial media.
(5) Before placing the order, the contract data can be electronically protected or printed using the print function of the browser. The order is processed and all information required for concluding the contract, particularly order data, GTC and revocation policy is transmitted, in some cases automatically, via e‑mail after you placed the order. We do not store the contract text after the contract has been concluded.
(6) You can correct input errors by using the normal mouse, keyboard or browser functions (e.g. the »back« button of your browser). You may also correct them by cancelling the order midway through the process, closing the browser window and repeating the process.
(7) The order is processed and all information required for concluding the contract is transmitted, in some cases automatically, via e‑mail. Please make sure that the e‑mail address you have stated for processing orders is correct, the spam filter is properly set up and no technical problems will occur when receiving e‑mails.
§3 Object of the contract and essential characteristics of the product
(1) The subject matter of the contract in our online shop is as follows:
The sale of products. The specific products offered can be found on the article pages.
Digital products (downloads).
(2) The essential characteristics of the products are stated in the article description.
(3) Restrictions stated in the product description or else arisen from the circumstances, especially concerning hardware and software requirements for the target environment, apply to the sale of digital products. Unless explicitly specified otherwise, the private and commercial use of the products without any right to resale or sublicence is the sole object of the contract.
§4 Prices, shipping costs and delivery
(1) The prices listed in our respective offers as well as the shipping costs are overall prices, include all price components and are inclusive of all applicable taxes.
(2) The respective purchase price is to be paid prior to the delivery of the product (payment in advance) unless we specifically give the option to purchase on account. You will find the different payment methods in the respective offer or by clicking on an accordingly indicated button in the online shop. Unless otherwise specified for each type of payment, payment entitlements are due immediately.
(3) In case of a purchase on account, the minimum order value is € 100.
(4) Unless the respective article is offered free of shipping costs, shipping costs may incur for the delivery of products in addition to the prices listed. These shipping costs will be clearly communicated on any offer, possibly in the cart system and the order overview.
(5) Unless explicitly specified otherwise in the product description, all products offered are immediately ready for shipment (delivery period: a maximum of 4 weeks upon receipt of payment or upon receipt of order in case of a purchase on account.
(6) Shipment is limited to the following countries: Åland, Afghanistan, Albania, Algeria, American Samoa, US Virgin Islands, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Azerbaijan, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belau, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Virgin Island, British Indian Ocean Territory, Brunei, Bulgaria, Burkina Faso, Burundi, Cayman Islands, Central African Republic, Cambodia, Cameroon, Canada, Cape Verde, Chad, Chile, China, Christmas Island, Cocos Islands, Colombia, Comoros, Congo-Brazzaville, Congo-Kinshasa, Cook Islands, Costa Rica, Croatia, Cuba, CuraÇao, Cyprus, Czech Republic, Dominica, Dominican Republic, Djibouti, Denmark, East Timor, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern and Antarctic Territories, Faeroe Islands, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Grenada, Greece, Greenland, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard Islands and McDonald Islands, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iraq, Iran, Ireland, Isle of Man, Israel, Italy, Ivory Coast, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Kiribati, Kuwait, Laos, Lesotho, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macao, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Morocco, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, New Zealand, Nicaragua, Netherlands, Niger, Nigeria, Niue, North Korea, North Macedonia, Norfolk Island, Norway, Northern Mariana Islands, Oman, Pakistan, Palestinian Territory, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Puerto Rico, Qatar, Rwanda, Romania, Russia, Réunion, Samoa, Saint Barthélemy, Saint Eustatius and Saba, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Martin (Dutch part), Saint Martin (French part), Saint-Pierre and Miquelon, São Tomé and Príncipe, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia and South Sandwich Islands, South Korea, Southern Sudan, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Svalbard Archipelago and Jan Mayen Island, Swaziland, Syria, Tajikistan, Taiwan, Tanzania, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkmenistan, Turks and Caicos Islands, Tuvalu, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States (US) Minor Outlying Islands, United States of America (USA), Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, Vietnam, Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe.
§5 Right of retention, reservation of title
(1) You may only exercise a right of retention with regard to claims from the same contractual relationship.
(2) Until full payment of the purchase price, the product shall remain our property.
§6 Right of revocation
(1) As a consumer you have a right of revocation according to our revocation policy.
(1) With the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We will be fully liable for slight negligence in the case of injury to life, body, health or breach of contractual obligation. In the event we default in the execution of the order due to slight negligence, the execution becomes impossible or we breach a contractual obligation, the liability for property damage and financial damage shall be limited to those damages that are foreseeable and typical for the contract. A contractual obligation is an obligation whose fulfillment is prerequisite for enabling the proper fulfillment of the contract in the first place, whose breach will put the achievement of the contractual purpose at risk and the compliance with which you may constantly trust in. This particularly includes our obligation to act and to perform our contractual obligations as described in §3.
§8 Contract language
The only contract language available is German.
(1) The warranty is based on the statutory regulations.
(2) In the course of business with entrepreneurs, the warranty period for delivered items shall be 12 months.
(3) As a consumer you are requested to check the items, digital goods or services provided immediately after fulfillment of contract for completeness, obvious defects and damage during transport and inform the forwarder as quickly as possible. Not doing so does of course not affect your statutory warranty claims.
§10 Final provisions
(1) German law shall apply. This choice of law shall only apply to consumers if the granted protection has not been withdrawn through compelling provisions of the law of the state in which the consumer has his or her usual place of residence (favourability principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
(3) If the customer is a merchant, a corporate body organised under public law or a special fund under public law, place of jurisdiction for all contractual disputes between vendor and customer will be the place where the vendor is registered.
Alternative dispute resolution in accordance with Article 14(1) ODR-VO and § 36 VSBG:
The European Commission provides an online platform for settlement of disputes at https://ec.europa.eu/consumers/odr. We are willing to participate in extrajudicial arbitration procedures.