General Trading Conditions

Provider

Pädagogische Forschungsstelle beim Bund der Freien Waldorfschulen e.V.
(Educational Research Centre of the Federation of Independent Waldorf Schools)
Wagenburgstr. 6
70184 Stuttgart, Germany

Phone: 49 711 / 21042-25
Fax: 49 711 / 21042-31
email: info@waldorfbuch.de

- hereinafter ‘Educational Research Centre’ –

1. General / applicability

Insofar as contractually incorporated, and unless expressly stipulated elsewhere in the supplier documents, these general trading conditions apply to all deliveries and services provided by the Educational Research Centre.

2. Clauses and information relating to the conclusion of contracts

a) General

  • All representations on the web pages of the Educational Research Centre signify only a non-binding invitation to customers to avail themselves of products/services.

b) Technical steps leading to the conclusion of a contract and sale agreement when ordering via the online shop:

  • To order one or more items via the online shop, articles must first be pre-identified for order by clicking on the “basket” link or button. On arrival at the “basket”  (which you can reach at any time via a link in the shopping section) you will then be led through the ordering process, with every stage explained and the required details requested.
  • The ordering process is finished when the customer clicks on the “order and pay” button.
  • This signifies the customer’s request to conclude the agreement, after which the Educational Research Centre has two days to accept.
  • Acceptance of the order by the Educational Research Centre is completed by separate order confirmation or delivery of the goods.
  • The order confirmation does not yet signify acceptance of the order except where it contains a request to pay.
  • The sale agreement is concluded on acceptance of the order by the Educational Research Centre, except where the payment process is initiated during or immediately after the ordering process. The agreement comes into effect with conclusion of the payment process.

c) Contractual agreement when ordering by telephone, mail, fax or letter. Where expressly offered via the online shop, conclusion of the contract occurs as follows when the customer orders by telephone, mail, fax or letter:

  • The customer gives a binding undertaking either verbally or in writing that he intends to buy named items in the online shop. This represents the customer’s offer to conclude the agreement and action the order, which the Educational Research Centre can accept within five days of receiving it.
  • Acceptance of the order by the Educational Research Centre is actioned by dispatch of the delivery confirmation or delivery of the goods. This concludes the sale agreement.

d) Storage of and access to the text of the agreement

  • The Educational Research Centre stores the text of the agreement and sends the customer order details and contractual conditions by email. In this way the Educational Research Centre enables the customer to download the contractual terms when concluding the agreement and to store them in reproducible form. Access to the texts of contractual agreements stored by the Educational Research Centre – except for freely available trading terms and conditions - is only possible for registered customers via their customer account.

e) Ascertaining and correcting typing errors

  • To ascertain and avoid typing errors during the ordering process, the customer will see an order overview and checking page prior to actual order, with the aid of which he can check all details of the order, and correct any errors in the input fields themselves, or by using the “back” button  on the internet browser.

f) Available languages

  • The contractual language is German.

3. Prices and payment conditions

  • Applicable prices are those indicated at the time of order. Packing and dispatch costs, if these apply, will be calculated separately and the customer will be notified of them in good time. In the case of orders received from abroad, it is possible that your bank or government will levy unknown costs or taxes on goods/services provided by the Educational Research centre, such as (import) duties or payment processing fees. Such costs will not be deducted through the educational Research Centre, nor billed by it.
  • The Educational Research Centre accepts all payment types on its website. The Educational Research Centre will supply an invoice for the ordered goods, which will be sent in written form no later than on supply of the goods.
  • The total purchase price of ordered goods is payable by any of the chosen available payment methods.

4. Costs of packaging and dispatch

  • Packaging and dispatch costs, where these are charged, will be communicated to the customer in good time prior to completion of the ordering process.

5. Delivery and delivery periods

Delivery of the goods to the customer is made by third party suppliers (delivery services).
Delivery periods can be ascertained either from the product description or from separately downloadable dispatch information available in the online shop.
Part-deliveries are possible if the customer
a) has been notified of this possibility in our cancellation conditions and in resulting consequences for the right of cancellation; and
b) it is not apparent that he does not wish them, or that these part-deliveries are reasonable for him. Reasonableness is held to apply if

  • The part delivery is still of use to the customer in the context of the contractual intended use,
  • delivery of the rest of the ordered goods is assured  and
  • no additional costs or expenditure arise for the customer in consequence, or
  • if the seller declares willingness to bear such costs.

Costs for transport and packaging, where charged, will be applied only once in the case of part-deliveries.

6. Transfer of risks

  • If the customer is a business, i.e. when concluding the agreement is acting in the exercise of his commercial or freelance activities, the risk of unintended destruction or deterioration of the goods passes to the customer at the point of handover, or, in the case of sale involving carriage of goods, at the point where the goods are passed to the carrier, freight company or other persons or institution to whom dispatch is entrusted.
  • In all other instances, the risk of unintended destruction or deterioration in the sold goods, also in the case of a sale involving carriage, only passes to the customer at the point of handover of the goods, irrespective of the method of dispatch.

7. Exclusion or early expiry of the right to cancel

  • The right to cancel will not apply if, on conclusion of the agreement, the customer is acting in the exercise of his commercial or freelance activities, and is therefore held to be a business as under § 14 Civil Law Book (BGB)
  • Furthermore, the right to cancel does not apply in the case of agreements
    • to supply goods that are not prefabricated, and whose manufacture is determined by the individual choice of the consumer, or goods clearly tailored to the consumer’s personal needs;
    • to supply goods that can quickly spoil or whose use-by date would soon expire;
    • to supply alcoholic drinks whose price was agreed on conclusion of the agreement but that can be delivered no sooner than 30 days after signing of the agreement, and whose actual value is dependent on market fluctuations over which the business has no control;
    • to supply newspapers, journals or illustrated magazines, except in the case of subscription agreements;
    • for consumers insofar as the order is placed  from, and dispatch is sent to, a country that is not a member of the European Union.
  • The right to cancel expires early in the case of agreements
    • to supply sealed goods not suitable for return for reasons of health protection or hygiene if their seal was removed following delivery;
    • to supply goods if, following delivery, they have been inseparably combined with other goods;
    • to supply sound and video recordings or computer software in a sealed pack if the seal has been removed following delivery.

8. Guarantee

  • A legal warranty for defects applies, subject to the statutory periods of limitation.
  • If a guarantee is cited in the company’s product description, this will not affect the statutory warranty for defects.

9. Reservation of proprietory rights

  • All deliveries are subject to reservation of proprietory rights. The goods supplied remain the property of the Educational research Centre until payment in full has been made.  

10. Complaint handling procedures

  • Procedures of the Educational Research Centre for handling complaints are in accordance with requirements of professional diligence. Should the customer seek to make a complaint, he may do so via all communication means and addresses / phone numbers given here, either in writing or verbally. We guarantee to deal speedily with the complaint.
  • The Educational Research Centre is not obliged or willing to participate in dispute resolution procedures before a consumer mediation committee.
  • Should you wish an out-of-court dispute resolution procedure, we recommend that you contact the arbitration board of  the Federation of independent Waldorf schools, which you will find here:

11. Jurisdiction, applicable law

  • The place of jurisdiction for all disputes relating to deliveries is the domicile / headquarters of the Educational Research Centre if the customer is a business, a juristic person in public law or a separate estate under public law.  
  • In relation to all legal relationships under this contractual agreement, the parties to the agreement hereby agree that the law of the Federal Republic of Germany applies, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods, except where this would mean that protection is removed from the consumer that would be guaranteed under the regulations of the state in which he is usually domiciled. In the latter case, the law of the state in which the consumer is ordinarily domiciled will apply.

12. Notes on packaging regulations

  • It is hereby stated that the Educational Research Centre is affiliated with an approved dual system as required by statutory regulations 

13. Additional terms

  • Should any clause of these general trading conditions be invalid, this will not affect the validity of the other clauses.  This applies in particular to the agreement already concluded. The invalid clause is to be replaced by applicable statutory regulations. This will not apply only if adherence to the agreement represents an unacceptable hardship for one of the parties to the contract. In this case the whole contract will be rendered invalid.

Information on cancellation rights

1.    Cancellation rights

You have the right to cancel within fourteen days without citing reasons. The cancellation period lasts fourteen days from the day on which you or a third party named by you, who is not a carrier, took possession of the goods.

If on the other hand the goods are supplied in several part-deliveries or installments, the cancellation period will begin on the day on which you or a person named by you, who is not the carrier, has or have taken possession of the last item in the deliveries.
In the case of an agreement relating to several goods that you have ordered as a single order, but that are separately delivered, the cancellation period begins on the day you or a person named by you, who is not the carrier, has or have taken possession of the last item in the deliveries.

To exercise your cancellation right, you must inform us of your decision to cancel this agreement by means of an unequivocal declaration sent (e.g. by post, fax or email) to the

Pädagogische Forschungsstelle beim Bund der Freien Waldorfschulen e.V.
c/o Brockhaus
Kreidlerstraße 9
D-70806 Kornwestheim, Germany
Phone: +49 21042-25
Fax: +49 21042-31
email: info@waldorfbuch.de

To do so you can send us the attached cancellation form template, though this is not essential.

To comply with the cancellation deadline it is sufficient for the message stating that you wish to exercise your right of cancellation to be sent before the deadline expires.

2. Consequences of cancellation

If you cancel this agreement we are obliged to repay you all payments we have received from you including delivery costs (with the exception of additional costs that arise from you choosing a form of delivery different from the most economical standard delivery method we offer) no later than within 14 days from the date on which we received notification of your cancellation of this agreement. In making this repayment, we will use the same means of payment that you used for the original transaction, unless another method is expressly agreed with you. In no instance will you be charged any additional fees as a result of this repayment.

We can decline your repayment until we have received the goods again, or until you have shown that you have sent them back, whichever occurs earlier.

You must return or hand back to us the goods without delay and no later than within 14 days from the date on which you informed us of the cancellation of this agreement. The deadline is met if you dispatch the goods back to us before the period expires. You will bear the costs of return to us, unless, due to their nature, they cannot be sent back in the normal way by post (e.g. goods delivered by freight transport). In the latter case we will bear the costs of return of the goods.
You will only be responsible for any loss of value of the goods if this loss of value is due to handling by you that is unnecessary for checking their properties, characteristics and mode of function.

3. Cancellation form

If you wish to cancel the agreement, please fill out the form that can be downloaded here, and send it back to us.

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tel: +49-711-21042-25
fax: +49-711-21042-31

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