Terms and Conditions (05.06.2018)
General Terms & Conditions
In respect to business relations of all types between Publikat GmbH, Germany (hereafter called Publikat) and its customers, the following general terms and conditions of business hold true in their legally valid versions, respectively.
Different conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere. All offers – whether they be transacted by telephone, telefax, Internet, e-mail or in any other form – only become legally binding for Publikat if they have been confirmed in writing, or if the goods have been delivered and/or an invoice has been delivered.
Publikat reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both after contractual settlement and also although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that further legal claims be raised by the customer against Publikat.
Contractual Languages and Contract Conclusion
Contractual languages are German, English, and French.
The products shown in the online shop are not a legal binding product offering but a non-binding online catalogue. By clicking the ordering button at the final step of the ordering process, the seller places a binding ordering of the chosen goods. After placing your order, Publikat will send a confirmation by email to the customer that the order was received. The order confirmation does not yet constitute a binding contract of sale. It is merely for your information, to let you know that Publikat have received your order. A binding contract of sale shall come into being when Publikat confirms the product shipping.
All prices are in Euro. All prices include the applicable purchase tax. You will be charged the prices stated in our online shop at the time your order has been placed. Prices do not include shipping. For sure Publikat will give its very best to avoid any pricing errors, but if there are wrong prices shown, Publikat has the right to refuse or cancel any incoming orders.
Payment can be made via credit card or PayPal.
We do accept Visa and Mastercard. We need the following information:
- Credit Card Number
- CVV2 Number (It’s a three digit code that’s placed on the back of your credit card after your 16 digit credit card number.)
- Expiry Date
We will charge your credit card as soon as your package leaves our warehouse.
Please notice: As soon as you entered your credit card information, you will automatically be connected with the CompuTop server (https://uk.computop.com/). The transfer of your information and the authentication will be with codification through SSL-Technology. Your information will not be forwarded to us or saved.
You can pay the invoice amount via the online payment service PayPal. To use PayPal, you will need a PayPal account which is linked to your bank account or credit card, so you can pay with only a few clicks. You can find more information here.
For the Shipping costs and at what value of goods this accounts for, as well as in other countries, can be found in this table.
Any custom duties incurred for deliveries to non-EU countries have to be paid for by the customer.
Delivery Conditions and Delivery Time
Orders within Germany are shipped with DHL / German Post AG and any parcels sent abroad will be sent via DHL or GLS. In this table you can find the respective delivery agent for your country. If the delivery time cannot be complied with we will inform you in good time.
The delivery time depends on the ordered items, the selected payment method and the country in which the oder will be shipped. Available items which are ordered before 1 pm will be shipped usually on the same working day. The exact delivery time can be found on the article page.
For products which are not immediately available, you can find the appropriate delivery time directly on the page of the product. Should there be any difficulites or delivery delays, you will be informed by our customer service team after receipt of order.
Once your order has been shipped you will receive a shipping confirmation email to the email address you entered in the order process. In this email you will find a personal link to track your package.
Right of Revocation
You shall be entitled to revoke this contract within fourteen days without citing any reason.
The revocation period shall be fourteen days from the date on which you or a third party indicated by the consumer, who is not the carrier, have taken the latest goods into possession. To exercise your right of revocation, you must inform us on the basis of an unambiguous declaration (e.g. a letter send by post, fax or e-mail) about your decision to revoke this contract. Please direct your declaration to:
Fax: +49 (0) 6026 / 99 25 898
You shall use the included model revocation form, which is not required by law. You also shall fill in and send the model revocation form in electronically on our website. If you do so, we will immediately (e.g. by e-mail) send you an acknowledgement of receipt of such revocation.
To observe the revocation period it is sufficient to send a notification concerning the exercise of the right of revocation before the end of revocation period.
Consequences of revocation
If you revoke this contract, we must refund all payments we have received from you, including the delivery costs (excluding additional costs which arise if you have chosen another kind of delivery as the favorable standard delivery offered through us), immediately and within fourteen days from the date on which we received your notification concerning your revocation of this contract. For the repayment we will use the same payment method you have used for the initial transaction, unless it was expressly entered into another agreement with you; in no case shall we charge you additional amounts because of this repayment. We may refuse the repayment until we receive the goods or until you supplied evidence of having sent back the goods, whichever is the earlier.
In every case, the goods have to be send back or hand over from the date on which you communicate your revocation of this contract to us, without delay and within fourteen days at the latest. The revocation period is kept, if you send back the goods before the end of the revocation period of fourteen days. If you add a receipt of the shipping costs to your return package, we will then refund the amount for the shipping costs up to a value of 15 €. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
End of cancellation policy.
Voluntary Right of Return within 30 Days after Receipt of the Goods
For all purchases we provide, besides the legal right of revocation, a voluntary right of return within 30 days after receipt of the goods. With this right of return you are also able to rescind the contract after the end of the revocation period of 14 days (see the cancellation policy above) by sending back the goods within 30 days after receipt (revocation period begins the day after you received the goods) to the following address:
To observe the revocation period, it is sufficient to send back the goods in time. If you add a proof of the shipping costs to your return package, we will then refund the money for the shipping costs up to a value of 15 €.
For the repayment we will use the same payment method you have used for the initial transaction, unless it was expressly entered into another agreement with you; in no case shall we charge you additional amounts because of this repayment. We may refuse the repayment until we receive the goods or until you supplied evidence of having sent back the goods, whichever is the earlier.
Your legal right of revocation will not be affected by the exercise of our supplementary, voluntary right of revocation and will remain irrespective of this. Before the end of the legal revocation period, the contained statutory regulations shall apply exclusively. Furthermore, the contractually granted voluntary right of return does not restrict your legal right of warranty, which remains preserved for you without limitation.
There is a right of warranty on all goods of our shop. On receiving the ordered items, the customer shall examine the goods in order to ensure that they are complete and that there are no defects. This examination shall be effected as soon as possible. Should a loss or defect be ascertained, the customer shall immediately serve a notice of defect.
The warranty period shall be a period of two years after the goods are delivered to the customer.
In the case of defective goods, the customer is entitled to claim at his discretion either the removal of the defective part or delivery of a product which is free of defects. Publikat is entitled to refuse the kind of replacement chosen by the customer, if the kind of replacement requires unreasonable expense.
The vendor does not issue a guarantee to the customer in the legal sense if there is no other explicit arrangement between the two parties beforehand. This does not apply to manufacturer’s warranties.
Reservation of Proprietary Rights
All of our deliveries and performances occur under proprietary right. Until the delivered products have been paid for in full by the customer they remain the property of Publikat.
Publikat is liable in cases of positive breach of obligation, culpa in contrahendo, delayed performance, subsequent impossibility of performance, tortious act as well as due to other legal reasons in cases of intent and gross negligence. Publikat is also liable in the event of injury to life, limb and health and in cases of slight negligence.
In case of culpable breach of contractual cardinal or fraud as well as in cases of claims for compensation, Publikat is liable within the framework of legislation. Only in cases of a breach of cardinal obligations, the liability is limited to typical, foreseeable damage. Consequential damages are excluded to that extent. In cases of delayed performance, the customer is entitled either to compensation in damages or to rescind the contract.
Fax: +49 (0) 6026 / 99 25 898
County Court Aschaffenburg, HRB 14689
General manager: Beatrice Mackenroth, Philipp Majcher
Address for complaints / Service and returned items
Fax: +49 (0) 6026 / 99 25 898
Information concerning the alternative dispute resolution
The EU Commission offers the possibility of an online dispute resolution on an operated platform via this link.
We want to point out that we are neither obliged nor willing to participate in lawsuits of an alternative dispute resolution.
We point out that all illustrations, photos and texts are copyrighted on our website. Please understand that misuse can be tracked.
Applicable Law and Jurisdiction
Publikat runs the whole service (webshop, customer service and logistic) from Germany, German law therefore governs it and should any legal discrepancy occur, it will be dealt with in a German court of law. The application of the UN-Agreement on Contracts on the International Purchase of Goods of 11th April 1988 is excluded.
If the customer has not general legal jurisdiction in his/her country, has changed residence since the purchase contract was made or has a temporary residence in another country or his/her residence is not fixed/known at the time of the suit, Publikat will apply Aschaffenburg as the jurisdiction for any disputes arising as a result of a contract.
This page may contain links to third party websites or services which are not operated by Publikat. In these instances, Publikat is not responsible for the content as it is not controlled by us.
The above terms and conditions are not intended to replace or compromise your statutory rights in any way.