Terms and Conditions

General terms and conditions of sale and supply for end users of the online shop of teNeues Media GmbH & Co. KG. The general terms and conditions of sale and supply set out below also contain information for our contractual partners in accordance with the regulations for distance contracts and contracts in electronic commerce:

1. Scope of application

These general terms and conditions of sale and supply shall apply for all deliveries of teNeues Media GmbH & Co. KG (hereinafter also designated "teNeues") to its customers, irrespective of whether said customers are entrepreneurs or consumers (German Civil Code (Bürgerliches Gesetzbuch, BGB), Section 13). Our contractual partner receives these general terms and conditions of sale and supply in the framework of an email order, along with the confirmation of our receipt of the order. Arrangements differing from or contrary to these terms and conditions shall apply only if confirmed by us in writing. This shall apply even if we unquestioningly fulfill an order in cognizance of differing terms and conditions of our contractual partner.

2. Contractual partners

The purchase contract is entered into with teNeues Media GmbH & Co. KG (see legal notice).

3. Offer and conclusion of contract

Presentation of the products in our online shop does not constitute a legally binding offer and is instead an invitation to submit an order. Our contractual partner submits a binding order by clicking on the corresponding button. Following our receipt of the order the contractual party receives a confirmation of acceptance with the order data and these terms and conditions of sale and supply. This constitutes a purchase contract for all ordered items entered into by us and our contractual partner.
If we have concluded a congruent covering transaction and if our supplier fails to supply us with the goods ordered by our contractual partner, we have a right of withdrawal from contract vis-à-vis our contractual partner (self-supply reservation). In such event we shall notify our contractual partner forthwith of the non-availability of the goods and return forthwith such considerations as have been rendered, if any. Right of withdrawal does not apply in cases in which we bear responsibility for non-delivery. The same applies by analogy in the event of incorrect or untimely provision of goods by our suppliers. If we receive only part delivery from our suppliers we are entitled to withdraw only with regard to the part not supplied.

4. Withdrawals policy

Right of withdrawal

You are entitled to withdraw from this contract within fourteen days without stating reasons. The withdrawal period is fourteen days from the day on which you take possession, or a third party designated by you, who is not the carrier, takes possession of the goods. To exercise your right of withdrawal, you must notify us (teNeues Media GmbH & Co. KG, Am Selder 37, D-47906 Kempen, Germany, fax: +49(0) 2152 916222, email: verlag@teneues.com) in an unequivocal declaration (e.g. by posted letter, telefax or email) of your decision to withdraw from this contract. You can use the standard withdrawal form on our website, fill it in and send it electronically. If you use this option we will immediately send you (e.g. by email) confirmation of the receipt of your declaration of withdrawal. Your dispatch of the declaration of withdrawal before expiry of the withdrawal period suffices as proof of compliance with the withdrawal-period condition.

Consequences of withdrawal

If you withdraw from this contract, we are obliged to refund forthwith and no later than fourteen days from the day on which we receive your notification of withdrawal from this contract all payments we have received from you, including the delivery costs (excepting additional costs incurred on account of you selecting a mode of delivery other than the economical standard delivery offered by us). We refund using the same mode of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will we bill you any sum in relation to this refund.
We can delay the refund until the goods have been returned to us or until you have furnished proof that you have sent off the goods for return, depending on which is earlier. You are under obligation to send back or return the goods to us forthwith and in any case no later than within fourteen days from the day on which you notified us of your withdrawal from this contract. You comply with this condition by dispatching the goods before the fourteen-day grace period expires.
We also bear the direct costs of return of the goods (please use our DHL returns portal for this purpose).
You are liable for loss of value of the goods only if such loss of value is due to handling other than that necessary for checking the condition, properties and fitness for purpose of the goods.

Exclusion of right of withdrawal

The right of withdrawal shall not apply in the case of contracts

  • for the supply of goods that are not prefabricated and for the production of which individual selection or specification by the consumer is definitive or which are tailored to the individual needs of the consumer, for the supply of goods that can perish quickly or with an expiry date soon due
  • for the supply of sealed goods not suitable for return for health-protection or hygiene reasons if the seal is removed after delivery,
  • for the supply of goods which, on account of their nature, were inseparably mixed with other goods, for the supply of alcoholic beverages the price of which was agreed on conclusion of contract but that can be delivered no earlier than 30 days after conclusion of the contract and the current value of which depends on market fluctuations over which the entrepreneur has no influence, for the supply of audio and video recordings or computer software in sealed packaging if the seal is removed after delivery
  • for the supply of newspapers, journals or illustrated magazines, with the exception of subscription agreements

5. Delivery

The mode of shipping shall be chosen by us or, as applicable, by the carrier we commission. If the ordered product is not deliverable in time because our suppliers fail to supply us with this product in time, we shall notify our contractual partner forthwith to this effect. Under these circumstances the contractual partner is entitled to decide whether to wait for the ordered product or cancel the order. In the event of cancellation we shall refund considerations already made, if any, forthwith. If ordered products are not all available, we are entitled to make part deliveries at our expense. Insofar as our contractual partner is not a consumer (Section 13, German Civil Code), place of performance is our dispatching store and the goods are shipped at contractual partner's risk. Please note that we cannot deliver to P.O. boxes.

Shipping costs

Shipping costs inside Germany are EUR 5.90. For Germany and Austria: Consignments with an order value of EUR 50.00 or more ship free of charge.

Customs/ customs duties

If you order products from the teNeues online shop for shipment to a location outside the EU you can incur import duties and taxes due as soon as the package reaches the specified destination. All additional charges for customs processing must be borne by you; we have no influence on these charges. Customs regulations vary widely from country to country, so you should contact your local customs office to obtain detailed information.
The security of your data is important to us and we want to take this opportunity of notifying our customers abroad that cross-border consignments can be opened and examined by customs officers.

6. Payment

Payment for domestic orders can be by credit card or PayPal, as indicated by our contractual partner on the online order form.

7. Retention of title

The goods supplied remain our property until paid for in full of account. Prior to transfer of ownership, encumbrance, pledging as security, working or remodeling of the goods is not permitted without our consent.

8. Warranty

Slight visual differences between the goods supplied and the product description shall not be considered defects insofar as they are not unreasonable and usual in trade and have no effect on the fitness for purpose of the goods.
If goods supplied by us are defective, within an appropriate time we will either supply a replacement or fix the defect, according to our contractual partner's choice. Costs for rectification shall be borne by teNeues. If the chosen mode of rectification is possible only with disproportionate costs, our contractual party's entitlement is restricted to the other mode of rectification. If we are ultimately (after at least two attempts) unable to accomplish rectification, our contractual partner can choose either to exercise the right to rescind the purchase or have the purchase price reduced. Claims for damages are regulated in Section 9. Further claims relating to deficiencies of the merchandise are precluded.
If our contractual partner is a consumer (Section 13, German Civil Code), the period of limitation for liability for material defects and defects of title is 24 months from delivery. Otherwise, the period of limitation is 12 months unless we have fraudulently concealed a defect. In this case the statutory period of limitation applies.
Our contractual partner's right of return as set out in Section 3 of these general terms and conditions of sale and supply is not affected by these provisions.

9. Liability

For damages and reimbursement of expenses incurred in vain, regardless of legal basis (e.g. breach of obligation or unlawful act), our liability is limited as follows.
In the event of premeditation and gross negligence we are fully liable. If we issue a warranty we are also fully liable in relation to the protective purpose encompassed by the warranty.
Otherwise we are liable only in the case of negligent breach of a material contractual obligation (cardinal obligation) and to the extent of compensation for the foreseeable and typical damage. Statutory liability for personal injury, injury to life and health and according to product liability law remains unaffected.

10. General provisions

German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Insofar as our contractual partner is a merchant, legal entity of public law or a special fund under public law or is domiciled abroad, the place of jurisdiction is Krefeld, Germany.