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Terms & Conditions of Helbling Verlagsgesellschaft mbH

including Statutory Information for Customers

(revised: 25th May 2018)

1. Scope

1.1. All orders are subject the following terms and conditions in the version applicable at the time of placing the order. We expressly refute any diverging terms and conditions of customers. Such terms and conditions shall not become part of the contract unless agreed by us in writing.
1.2. Contracts shall be made with Helbling Verlagsgesellschaft m.b.H., Kaplanstrasse 9, 6063 Rum, Austria, phone: 0512 / 262333-0, fax: 0512 / 262333-111, e-mail: office@helbling.com; managing director: Markus Spielmann, company register: FN 31671 a, VAT Reg.No.: ATU41522802, ARA (packaging and waste recycling) licence no.: 6926. In order do contact our customer service please use the above contact details.
1.3. Some terms apply to consumers only or do not apply to consumers, as stated below. A “consumer” means every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.

2. Placing Orders and Formation of Contracts

2.1. Contracts may be made in English only. The presentation of products in a catalogue or in our online shop is not an offer to conclude a contract. A binding offer is made only when you place an order.
2.2. Orders may be placed at our online shop as follows.
2.2.1. You may put a product into the shopping cart without obligation using the link “add to cart”. You may review the items in the shopping cart at any time by clicking the “shopping cart” button. You may change the number of items of a product or remove a product from the shopping cart by changing the number shown next to that product or by clicking the link “remove product”, respectively, and then clicking the button “update cart”. If you wish to order the items in the shopping cart, you may click the button “proceed to cashier”. In case you already have a customer account, you may now log in; otherwise you are required to register first. After clicking the “proceed” button, you will be prompted to give an address for invoicing and (if that address is different) for shipping. After clicking the “proceed” button, you will be prompted to choose a method of payment. After clicking the “proceed” button, you may review the details of your order and correct them if necessary. Only when you click the “buy now” button, you are placing a binding order. Until then you may at any time go back to any previous stage of the order process and make changes or terminate the order process by closing the browser window.
2.2.2. We will store the text of the contract. Immediately after receiving your order we will send you the details of your order and the present terms and conditions to the e-mail address which you have provided. That e-mail will be just a confirmation that your order has been received, but not the acceptance of your order. The terms and conditions will be available at any time on our website. The details of your order will be available in your customer account.
2.3. A contract shall be made only when we explicitly accept your order, otherwise implicitly by delivering the products you have ordered or by activating your access to digital content (download, e.g. an ebook), respectively.

3. Delivery

3.1. The shipping of goods or activation of digital content will be processed as fast as possible. Shipping of items in stock or activation of digital content will be made within 2–7 working days; the shipping of books may take up to 10 working days.
3.2. In case an item is not in stock, we will notify you immediately. In this case you may declare in writing (by fax or e-mail shall suffice) that you cancel the entire order, or part of the order, within 2 weeks after that notification. If you have already paid the purchase price, we will immediately refund the purchase price for the relevant items..
3.3. We may make partial deliveries where this is acceptable for you. We will bear any additional costs resulting from partial deliveries.
3.4. We will send all items of your order directly to the shipping address you have specified. In case of shipping to an address outside Germany or Austria, you shall bear all tax or customs duties that may be arise.
3.5. Unless you are a consumer, the following shall apply: Shipment of all orders shall be at the expense and at the risk of the purchaser. We undertake to exercise every care in assembling and packing of orders. Claims for shortages or damage will only be considered if submitted within eight days of receipt of the shipment quoting the invoice number and customer reference number.

4. Prices and Terms of Payment

4.1. All prices include current VAT.
4.2. Payment may be made by invoice, PayPal, credit card (VISA, Mastercard, American Express, Diners Club, JBC, wirecard) or instant bank transfer.
4.3. Unless otherwise agreed, invoiced amounts are payable, without cash discount, within 14 days after receipt of the invoice. In case of default of payment, you shall be liable to reimburse all costs for reminders and collection.

Our bank details are:

Helbling Verlagsgesellschaft m.b.H.
Hypo Tirol Bank
IBAN AT52 5700 0001 5003 7228
BIC HYPT AT22

5. Downloads

In order to use the products made available in our separate download area, you must be a registered customer. We may refuse to accept registration and may, at any time and without advance notice, exclude customers who provided incorrect data from using our services. This also applies to customers who are in breach of our terms and conditions or are in default of payment of invoiced amounts after a reminder.

6. Right of withdrawal

6.1. Consumers have a statutory right of withdrawal. There is no right of withdrawal for contracts relating to:

  • the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
  • the supply of reprints (print on demand).
For contracts relating to the supply of non-physical digital content we will require your consent to begin performance before the period of the right of withdrawal has expired; this may result in your losing your right of withdrawal ahead of time once we begin performance.

6.2. The following applies to contracts relating to the delivery of goods or delivery of a good consisting of multiple lots or pieces:

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods / the last lot or piece.
To exercise the right of withdrawal, you must inform us (Helbling Verlagsgesellschaft m.b.H., Kaplanstrasse 9, 6063 Rum, Austria, phone: 0512 / 262333-0, fax: 0512 / 262333-111, e-mail: office@helbling.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.


6.3. The following applies to contracts relating to multiple goods ordered by you in one order and delivered separately:

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Helbling Verlagsgesellschaft m.b.H., Kaplanstrasse 9, 6063 Rum, Austria, phone: 0512 / 262333-0, fax: 0512 / 262333-111, e-mail: office@helbling.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.


6.4. The following shall apply to contracts relating to the supply of non-physical digital content (downloads, e-papers, e-books):

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Helbling Verlagsgesellschaft m.b.H., Kaplanstraße 9, 6063 Rum, Austria, phone: 0512 / 262333-0, fax: 0512 / 262333-111, e-mail: office@helbling.co.at) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.


6.5. In order to withdraw from the contract, you may use the online withdrawal form, but it is not obligatory. We will also regard the return of goods without comment within the withdrawal period as the exercise of the withdrawal right.

7. Provisions for traders

7.1. Goods are supplied under the regulations governing the book trade laid down by the Austrian Association of Publishers and Booksellers. In countries in which resale price maintenance applies to books and related products, this shall be recognised by the trader, who shall undertake to comply with the fixed resale price as established under the trading and sales regulations of the Austrian Association of Publishers and Booksellers. In particular, the trader shall undertake not to sell goods supplied by us at a price lower than the specified resale price. He shall further undertake not to supply such goods to resellers without contractually binding such resellers to comply with this condition.
7.2. Goods shipped with a right of return will only be accepted by us if they are returned within the agreed period and in pristine condition. Returned items for which no right of return has been agreed can only be accepted if authorisation is requested and agreed prior to the return.

8. Retention of title

All goods shall remain our property until full settlement of the purchase price has been made.

9. Warranty and liability

Statutory warranty rights apply. In case the goods delivered to you are faulty, we will cure the fault or supply a replacement. In the event that curing the fault or supplying a replacement cannot be achieved within a reasonable period, you may choose to either reduce the purchase price or cancel the order. We shall be liable for the lack of expressly warranted qualities. We shall be liable only for breaches of contractual obligations resulting from intent or gross negligence. This limitation shall not apply to breaches of principal contractual obligations, i.e. obligations that are vital for fulfilling the purpose of the contract and on whose fulfilment a partner to a contract will normally rely and may reasonably rely. In the event of slight negligence our liability is limited to the loss or damage which is typical and foreseeable and which shall not exceed the purchase price of the ordered goods and shall be limited to damage to the ordered goods themselves. Any liability for loss of life, limb or health resulting from negligence and any liability under the Austrian Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the afore-mentioned limitations.

10. Final provisions

The laws of the Republic of Austria shall apply with the exception of the law of conflicts and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this shall be without prejudice to the application of the consumer protection provisions of the laws of the country where you have your habitual residence.
Exclusive jurisdiction over all matters arising in connection with transactions under these terms and conditions shall lie with the court in Hall in Tirol, Austria.

Information on Alternative Dispute Resolution
Online dispute resolution: We are statutorily require to advise customers of the existence of the European online dispute resolution platform, which may be used for out-of-court dispute resolution. This platform is operated by the European Commission. The platform can be accessed at http://ec.europa.eu/consumers/odr/.
Wir sind zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle gesetzlich nicht verpflichtet und grundsätzlich nicht bereit.
Alternative dispute resolution: We do not use alternative dispute resolution entities for out-of-court settlement of disputes.

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