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Informative Material
General Terms and Conditions of Trade
Bulk Information Material Orders
General Terms, Validity

We, the Berlin Tourismus Marketing GmbH (BTM GmbH) offer our products for sale and distribution via our Internet order form. Our General Terms and Conditions apply to all offers, deliveries and services. They also apply equally to all future business, even without any further agreement. When placing the order, and at the latest on receipt of the goods or services, these terms and conditions are deemed to be accepted: Hereby the purchaser's General Terms and Conditions, in particular the purchase terms, are already objected to, i.e., they are not acknowledged even if we do not expressly object to them.

Prices

The prices listed (catalogue prices) are cited including the legally applicable rate of VAT (Mehrwertsteuer). Subject to alterations. Errors excepted. In the case of published materials subject to a retail price agreement, the valid publisher's sales prices at the time of delivery shall apply.

Handling and delivery charges

For deliveries inside Germany, the set handling fee is € 4 plus postage (postal charges by weight).

For deliveries in EU States, there is a set handling fee of € 8 plus postage (postal charges by weight).
For deliveries in non-EU States, there is a set handling fee of € 15 plus postage (postal charges by weight).

Delivery, delivery times

1. Deliveries are only made to the address you provide; no goods will be delivered to any post-box address. Minimum order value: € 10 within Germany and € 20 outside of Germany. Shipment and forwarding risks are to be borne by the purchaser.

If no delivery date has been expressly confirmed, the details of estimated delivery dates (3 days within Germany; 5-10 days outside Germany) are not binding. Delivery and details on particular times of delivery and delivery dates are given under the proviso that we ourselves receive (correct) deliveries in good time and are not held responsible for the lack of availability of the goods ordered. We will inform you about the lack of availability and reimburse any counter-performance that may have already been made. Where there is no intent and no gross negligence, compensation is excluded. In cases of gross negligence, however, we bear no liability for non-typical, difficult to foresee contractual damage. For slight negligence we only bear liability in cases of breach or non-performance of substantive contractual obligations.

Cancellation, Returns

1. As stated in § 3 Clause 1 and 2 of the Fernabsatzgesetz (mail order law), as a consumer you have a right to revocation within two weeks of delivery/receipt of the goods providing you are a natural person and the legal transaction can neither be apportioned to your commercial nor self-employed occupation. The revocation has to be in written form or via another permanent data medium or by return of goods within two weeks of receipt. The period of revocation begins at the earliest with the receipt of the goods, in the case of recurrent delivery not before the day of receipt of the first partial delivery, and for services not before the day of concluding the contract. Revocation has to be effected against Berlin Tourismus Marketing GmbH, represented by the executive manager
Burkhard Kieker,
Am Karlsbad 11,
10785 Berlin

The revocation right does not apply to mail order contracts.

  1. for the delivery of customized goods or those clearly designed to suit personal needs or which due to the nature of the goods are not suited to a return or may spoil quickly and have passed their sell-by-date;
  2. for the delivery of audio and video recordings or software where the customer has broken the seal of the delivered data media;
  3. for the delivery of newspapers, journals and coloured magazines.

2. If you not a consumer but a legal entity or a natural person where the legal transaction can be apportioned to your commercial or self-employed occupation, the right to return the goods only applies to damaged goods within two weeks of delivery/receipt. If the goods prove to be lacking a warranted quality, damages may be claimed which however are limited by the extent of the warranty given and to the damages foreseeable at the time of concluding the contract.

Payment

Payment is always due within ten days of receipt without discount of any form. With the second reminder, we are entitled to levy a flat-rate late payment fee of € 5. With the third reminder, we are entitled to levy a flat-rate late payment fee of € 10. After the third unsuccessful reminder we will pass the matter over to our collecting agency. Credit card payment is also accepted for orders via the Internet. Cheques are only accepted on account of performance.

Reservation of Ownership

Until full payment has been received, the goods remain the property of the BTM GmbH.

Place of Performance, Jurisdiction, Applicable Law, Severability

1. The place of performance for all claims arising from the contract and jurisdiction is Berlin.

2. These General Terms and Conditions and the entire legal relations arising from the contract shall be subject exclusively to the law of the Federal Republic of Germany.

3. Should any of the individual provisions of this agreement be void or ineffective, this shall not affect the validity of the remaining provisions. In such cases, the ineffective or void provision shall be replaced by an effective provision that comes as close as possible to the economic intent of the ineffective part.

Data Protection

Your name and address and all other data necessary for the conduct of business will be stored in accordance with the legal provisions on data protection.

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