Bibliotheca Botanica

Mr. Christoph Lankheit
Bergstraße 1
D-21365 Adendorf
Phone: +49(0)4131-6086356
E-Mail: info(at)bibliotheca-botanica.de

§ 1 General remarks

These General Terms and Conditions apply to all existing and future business relationships between Bibliotheca Botanica and the customer.

§ 2 Offer and conclusion of a contract

  1. The online presentation of the product range of our antiquarian bookstore does not constitute any firm contractual offer. The customer will launch a firm bid by placing an order with us. We will then reserve the right to decide freely on accepting this bid. Bids will be considered to be accepted once the delivery and the invoicing to the customer are effected and/or once the customer is provided with a confirmation of order in written form. The customer will be informed immediately if his or her bid has not been accepted.
  2. If ordering an article electronically (online), the customer will be notified immediately of the receipt of the order. The acknowledgement of receipt itself is not equivalent to a firm acceptance of the order yet. However, the acknowledgement of receipt may be linked to a declaration of acceptance.

$ 3 Instructions of revocation

As a consumer (that is any individual person who concludes a legal transaction for a purpose that cannot be referred to neither his or her commercial activity nor to his or her freelance activity) you will have a right of revocation in accordance with the following legal instructions as far as the article purchased is concerned:

Beginning of instructions of revocation

Right of revocation

You may revoke your contractual declaration within 14 days in written form (e.g. by letter, fax letter or e-mail) without giving any reasons or – if the item is ceded to you before lapse of time – also by sending this item back to us. The time limit starts after receipt of these legal instructions in written form, but no earlier than on the day of receipt of the merchandise by the addressee (in case of recurring deliveries of merchandise of similar kind no earlier than on the day of receipt of the first partial delivery) and no earlier either than on the day of fulfilling our disclosure obligations arising from Article 246 § 2 in conjunction with § 1 Section 1 and 2 of the EGBGB (Introductory Act to the German Civil Code, Einführungsgesetz zum Bürgerlichen Gesetzbuch) and our obligations arising from § 312g Section 1 Phrase 1 BGB (German Civil Code, Bürgerliches Gesetzbuch) in conjunction with Article 246 § 3 of the EGBGB. In order to observe the revocation period the timely dispatch of the declaration of revocation or of the item shall suffice.

The declaration of revocation is to be directed to:

Bibliotheca Botanica
Mr. Christoph Lankheit
Bergstraße 1
D-21365 Adendorf
Germany
E-Mail:info(at)bibliotheca-botanica.de

Consequences of revocation

In case of an effective revocation the respective services received by each party are to be returned accordingly and, if applicable, any benefits derived from these (such as interests) are to be surrendered. If you are unable to return or surrender either the service received or any use and enjoyment (such as benefits of use) completely or partially or if these services and benefits of use may only be returned or surrendered in a deteriorated condition, you will have to pay a corresponding compensation to us. You will only have to pay compensation for the deterioration of the object or for any benefits derived if the benefits or the deterioration are due to handling the object in a manner that goes beyond checking its properties and its functionality. “Checking its properties and its functionality” here means testing and checking out the particular merchandise in a way that may be used and is usual in a retail store, for example. Objects that may be shipped by normal parcel service will be returned at our risk. You as customer will bear the regular costs of return if the merchandise delivered corresponds to the merchandise ordered and if the price of the object that is to be returned does not exceed the amount of 40 euros; the same applies if – the price of the object being higher than 40 euros – you have not yet provided the return service or have not yet paid the installment agreed by contract. Otherwise the return service will be free of charge for you. Those objects that may not be shipped by normal parcel service will be collected at your place. Any obligations to refund payments are to be fulfilled within 30 days, the time period starting, for your part, on the day when you send off either the respective object or your declaration of revocation; for our part, this time period will start on the day of receipt of the object or of your declaration of revocation.

End of instructions of revocation

§ 4 Terms of payment

  1. As a general rule, the dispatch of the merchandise will be effected against invoice. With regard to new customers we reserve the right to demand payment in advance. Please contact us if you wish a different method of payment.
  2. The customer will undertake to pay the purchase price within 8 days after receipt of the merchandise.
  3. The customer will have the right of off-set only if his or her counterclaims have been legally established or have been acknowledged by us. A right of retention may only be exercised if the counterclaim is based on the same contractual relationship.

§ 5 Prices and costs of delivery

The prices given under the item description are quoted in euros (€) and include the applicable German VAT rate (which is currently 7% on books, graphic art and art objects, and 19% on other goods and services). Furthermore, the following charges for packaging and delivery, which are indicated in the overview of articles and within the scope of placing an order, will be added: Unless otherwise stated in the item description, we will generally charge an amount of 2.30 euros for packaging and for standard shipping within the German federal territory. For any shipments to EU countries we will charge an amount of 8.00 euros, regardless of the volume of the order. For any deliveries to non-EU countries delivery charges are given in the item description. C.O.D. (cash on delivery) shipments will only be made at the explicit request of the customer, who will have to bear any additional charges arising from this. It is understood that in the event of the consumers’ right of revocation being exercised in the context of distance selling contracts, the consumer will have to bear the return costs if the merchandise delivered corresponds to the merchandise ordered and if the price of the object to be returned does not exceed the value of 40 euros or if – in case of the price being higher than 40 euros – the consumer has not yet rendered the return service or has not yet paid the installment agreed by contract.

$ 6 Warranty and liability

- Limitation of liability -

The seller’s liability for any slightly negligent breaches of duty shall be excluded unless any essential contractual obligations (i. e. any obligations that have to be performed in order to allow the contract to be performed orderly, or any obligations the violation of which may jeopardize the achievement of the purposes of the contract, or any obligations the fulfillment of which you as customer may rely on regularly), any damages resulting from injury of life, body or health, or any warranties for the condition of the object of purchase, or any claims based on the German Product Liability Act (Produkthaftungsgesetz) are concerned. The same applies to any breaches of duty committed by any vicarious agents of the seller. In this context, the liability will be limited to the damage that is deemed typical within the scope of the contract. The limitation of liability does not apply to intentional acts and gross negligence. Our internet antiquarian bookstore serves to sell books, magazines etc. that show signs of use as a result of their age, which have already been taken into account adequately in terms of a reduced price of sale. In this respect, we will exclusively deliver the items in the versions specified in the current edition of our online catalogue. With regard to used objects, the period of warranty will amount to one year notwithstanding the legal provisions, and will start after delivery of the merchandise. This one-year period of warranty does neither apply to any damages that may be culpably attributed to the seller and that may arise from injury of life, body or health, nor to any damages caused intentionally or in gross negligence, nor to fraudulent intent of the seller, and nor to any rights of recourse as laid down in § 478 and § 479 of the German Civil Code (BGB). You as consumer are requested to check the merchandise immediately after delivery for completeness and for any obvious deficiencies and transport damages and to notify both the seller and the forwarding agent of the complaints as soon as possible. Your warranty claims will remain unaffected by this. Provided are a consumer, the risk of accidental loss and of accidental deterioration of the sold object during shipment shall not pass on to you before the merchandise is delivered to you, regardless of the shipment being covered by insurance or not.

$ 7 Specific content

Any objects originating from the period between 1933 and 1945 and containing any illustrations or any content of historical character or any content of a kind that relates to military history will solely be sold for the purpose of civic education, of protection against any unconstitutional and anticonstitutional activities, of scientific and historico-cultural research, or for similar purposes (see § 86 of the German Penal Code StGB, Strafgesetzbuch).

$ 8 Reservation of proprietary rights

The merchandise will remain property of Bibliotheca Botanica until full payment is made.

$ 9 Data privacy

Bibliotheca Botanica is aware of the importance of treating any information provided by the customers via internet with utmost discretion and of protecting these data. Therefore, data safety regarding our internet appearance is among our primary concerns. Furthermore, we take the confidentiality of the information and of the private data transferred by you very seriously. Whenever personal data such as those relating to registration or ordering – especially information on payment – are transmitted, we use encoding technologies that guarantee the highest level of confidentiality. We always collect and save only those data that are absolutely necessary to make use of a service, with your personal information transmitted to us solely being used for our customer tracking system and for performing the purchase contract in a purpose-related manner. Personal data will not be forwarded to third parties. We collect personal data solely to the extent permitted by law, this being particularly done in accordance with the applicable provisions of the Federal Data Protection Act of Germany, Bundesdatenschutzgesetz) and of the German Telemedia Act, Telemediengesetz).

§ 10 Final provisions

  1. This agreement is governed by the law of the Federal Republic of Germany. The provisions of the UN Sales Law do not apply. The language to be used in conjunction with both the conclusion of a contract and the entire contractual relationship shall be German.
  2. If the customer is deemed to be a merchant (according to German commercial law) or to be a corporate body under public law, our registered office (i. e. the registered office of the antiquarian) is to be regarded as the exclusive place of jurisdiction for any disputes arising from this contract. The same applies if the customer does not have any general place of jurisdiction in Germany or if the customer’s domicile or habitual residence applicable at the point of commencement of proceedings are unknown.
  3. If any particular provisions of the contract with the customer including these Terms and Conditions are or become invalid in whole or in part, the legal force of the remaining provisions will not be affected by this. Those provisions that are invalid or inexecutable are to be substituted by a valid or by an executable provision the effects of which come as close as possible to the economic purposes that were pursued by the contracting parties through the respective invalid or inexecutable provision. The aforementioned provisions will apply accordingly if the contract proves to be incomplete.

Latest Update on: December 23, 2014

Our expertise: antiquarian, used and out of print books regarding:
allotment – alpine garden – arts and crafts garden – backyard garden – baroque garden – botanical garden – children's gardening books – Chinese garden – cottage garden – dendrology – Dutch garden – fertilization – flower garden – flower shows – formal garden – French garden – front garden – fruit growing – garden architecture - garden dictionary – garden care – garden catalogues – garden decoration – garden design – garden fairs – garden heritage conservation – garden history – garden literature – garden lyrics – garden magazines – garden monuments – Gartenskulpturen – gardening technology – garden plans – growing – handbooks – hanging garden – herb garden – horticulture – Italian garden – Japanese garden – landscape gardening – monastery garden – orchard – orcharding – perennials – pleasur giound – practical gardening – renaissance garden – rockery – rock garden – roof garden – school garden – textbooks – theory of gardening – tree cut – villa garden – water garden – zen garden
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