Dom-Information - an institution of the High Cathedral of Trier

General terms and conditions of business

Section 1 Area of validity and definitions of terms

1.    The following terms and conditions of business apply to all purchase contracts between Dom-Information and the customer, who is a consumer, and also if later business transactions no longer refer to them.
2.    Differing terms and conditions of the customer shall not be recognised. This shall also apply insofar as Dom-Information has not expressly contradicted third party terms and conditions.
3.    A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity (Section 13 German Civil Code (BGB).

Section 2 Conclusion of the contract

1.    The presentation of the products in the webshop does not constitute a legally binding contractual offer of Dom-Information but instead just a non-binding request to the consumer to order goods. By ordering the desired goods, the consumer makes an offer that is binding for it to conclude a purchase contract.
2.    The following rules apply in the case of the receipt of an order: The consumer submits a binding contractual offer by going through the ordering process provided in the Internet shop. The order is performed in the following steps:
       a. Selection of the desired goods
       b. Confirmation by clicking on the “Order” button
       c. Inspection of the details in the shopping cart
       d. Confirm the “Go to checkout button” by pressing on it
       e. Repeat inspection or correction of the data
       f. Binding sending of the order by clicking on the “Order subject to costs” or “Purchase" button
3.    The consumer can return to the Internet page on which the customer’s details are recorded and correct input errors by pressing the "back" button in the Internet browser used by it after checking its details , or by closing the Internet browser to revoke the order process.
4.    Dom-Information checks after receiving the order whether the ordered goods are available. If this is the case, Dom-Information accepts the customer's order within 3 working days of the receipt of the order and confirms the availability of the goods to the customer by email. The contract concerning the goods ordered shall not be concluded until this confirmation is received.
5.    A contract can only be concluded with customers who are resident in EU * and EFTA ** countries. Invoicing is therefore only issued to persons resident in the aforementioned countries. The contract is only valid for consumers as defined by Section 13 of the German Civil Code (BGB). A resale of the ordered goods is not permitted. If the purchaser is a businessman as defined by the German Commercial Code (HGB), he / she is requested to make direct contact with Dom-Information to clarify the resale of the goods within the framework of proper business dealings.

Section 3 Delivery and shipment

1.    Upon the handing over of the purchased item for transportation to the delivery address, Dom-Information has fulfilled its obligation to perform.
2.    The goods are delivered by post at the shipping costs shown in the individual case. All risks and dangers which may arise during the dispatch of goods shall be borne by the customer as soon as the goods have been handed over from Dom-Information to Deutsche Post AG. Dom-Information reserves the right to make part deliveries. Dom-Information is not liable for damage or the loss of the purchase item which is incurred after the transfer of the same item for transportation. They must be asserted against the Deutsche Post AG if applicable.

Section 4 Customer’s right of revocation

Customers have the right to revoke this contract within fourteen days without stating any reasons for this.
The revocation deadline shall be fourteen days from the day on which the customer or a third party appointed by him who is not the carrier, has taken possession of the goods.
In order to exercise the right of revocation the customer must inform
Dom-Information Trier
An institution of the High Cathedral of Trier
Liebfrauenstraße 12
D-54290 Trier
Turnover tax ID no.: DE229815033
info(at)dominformation.de
Fax: +49 (0) 651 9790 79-9
by means of a clear statement (e.g. a letter sent by post, fax or email) concerning the decision to revoke this contract. The customer can use the attached sample withdrawal form, however this is not stipulated.

Consequences of revocation

If the customer revokes this contract, Dom-Information has to repay all payments that Dom-Information received from the customer, including the delivery costs, immediately and at the latest within fourteen days from the date the notification of the revocation of this contract has been received by Dom-Information. Dom-Information uses the means of payment for the reimbursement which was used for the original transaction.
Dom-Information may refuse to repay until the goods have arrived at Dom Information or until the customer has provided proof that the goods have been returned, whichever is the earlier.
The customer must return or hand over the goods to Dom-Information immediately and at any event no later than fourteen days from the day on which the revocation of this contract took place. The deadline has been observed if the goods have been dispatched before the expiry of the deadline of fourteen days.
Dom-Information shall bear the costs of the return shipment of the goods.

Section 5 Unavailability of ordered goods

1.    Dom-Information reserves the right, in the event that an ordered article is not available, to revoke the contract, insofar as it concerns the unfulfilled part of the contract. Dom-Information undertakes to inform the ordering party about the unavailability and to immediately reimburse any consideration that may have already been received in relation to the affected part of the contract.

Section 6 Prices and costs of shipment

1.    The stated prices are gross prices. Shipment costs are added to this amount.
2.    The costs are calculated on a flat-rate basis for the shipment plus packing of the goods (Germany: € 3; Europe: € 8). Dom-Information reserves the right to minimise the share of costs if the order quantity is very low.
3.    Insofar as there is a period of more than 3 months between the conclusion of the contract and the delivery or the provision of the ordered goods, the prices valid at the time of delivery shall apply. If in an individual case this price exceeds the price that was initially contractually agreed by more than 10%, then the customer is entitled to revoke the contract. The right of revocation expires if the customer does not give notice of revocation within one week of receipt of the notification of the new price.

Section 7 Terms of payment

1.    Dom-Information issues an invoice for deliveries within Germany and to EU * and EFTA ** countries for the service to the customer. Payments can be made by transfer to the specified account. Within Germany Dom-Information only supplies goods that exceed € 40 in value in return for cash in advance.  Dom-Information reserves the right to deviate from this ruling in justified cases. Within the EU * and EFTA ** - countries, the Dom-Information delivers only against advance payment regardless of the value of the order. Other payment procedures (direct debit, payment using a credit card) are not possible.
2.    Dom Information refuses to accept cash or cheques to settle liabilities. Corresponding incoming will be returned to the sender. Any liability for loss or damage of cash or cheques or consequential damages resulting from their loss shall be excluded.
3.    The invoice amount shall be due for payment within 14 days of the invoice date without any deduction.
4.    Within Germany and in the case of order values of up to € 40.00, the payment must have been credited to the account of Dom-Information indicated in the invoice by the deadline specified in the invoice. If the ordering party does not fulfil its obligations by this time, it shall be in default (Section 286, paragraph 2 no. 2 BGB). We draw your attention to the fact that the ordering parties shall also be in default without an express reminder at the latest after a period of 30 days has expired following the receipt of the invoice. If the ordering party is in default Dom-Information reserves the right to charge dunning fees.
5.    The ordering party shall only be entitled to offset amounts if its counter-claims have been recognised by declaratory judgement, are undisputed or have been recognised by Dom-Information. The ordering party is thus authorised to exercise its right of retention here if its counter-claim is based on the same contractual relationship from the remuneration claim of Dom-Information.
6.    The Dom-Information is also entitled in the case of a different repayment provision of the ordering party, to offset payments on its older liabilities towards Dom-Information. If the ordering party must also pay for costs and interest beyond the main performance then Dom-Information may initially credit the payment against the costs, then against the interest and ultimately against the main performance.
7.    A payment obligation of the ordering party only expires at that moment in which the money amount is available to Dom-Information.
8.    Dom Information shall not accept any other performance than the performance owed by the ordering party to fulfil the payment obligation.
9.    If the delivery is to be made against payment in advance, and no payment has been received within 4 weeks of the conclusion of the contract, then the interest in the performance on the part of Dom-Information no longer applies and Dom-Information shall make use of its statutory right of revocation (Section 323 paragraph 2 No. 2 BGB).

Section 8 Reservation of title

1.    The goods shall remain the property of Dom-Information until the full amount has been paid.

Section 9 Warranty

1.    All the Dom-Information products are of a high level of quality. In the event of defects that arise contrary to expectations, the customer is entitled to the statutory warranty. Claims can only be made by means of invoices / delivery notes / warranty cards of the manufacturer (please retain these).
2.    The customer undertakes to provide notification to Dom-Information of any defects to the delivery item within 10 days in writing. If there is a defect for which Dom-Information is responsible, Dom-Information shall remove it at its own choice by removing the defect or by providing a replacement delivery. The customer is obliged to return the defective goods before the supplementary performance is performed by Dom-Information. Only if the supplementary performance that must be performed by Dom-Information fails, or Dom-Information is not prepared or able to perform it, or it is delayed for an unacceptable period of time, shall the customer then be entitled to revoke the contract.
3.    The liability for damages incurred by the customer due to an impossibility of performance or a breach of duty for which the Dom-Information is responsible, the observance of which is of particular importance for the achievement of the purpose of the contract, shall be limited to such damages which are typical and foreseeable due to the contractual use of the goods. In such a case the liability shall be limited to an amount equal to twice the purchase price valid at the time of the order. Liability extending beyond this, in particular for damages that do not occur to the goods directly, shall be excluded.

Section 10 Data Protection

We refer you to the Data Protection Declaration here
https://www.dominformation.de/footer/publisher/dataprotectiondeclaration/

Section 11 Applicable law and place of jurisdiction

1.    This contract is exclusively subject to the law of the Federal Republic of Germany.
2.    The place of jurisdiction is Trier.
3.    Ancillary agreements, assurances of properties, contractual amendments need to be made in writing. This requirement of the text form can only be waived by means of a written agreement.
4.    If individual provisions of this contract should be or become ineffective or impossible to implement then the effectiveness of the remaining provisions shall remain unaffected by this. An effective provision or a provision which corresponds to the sense and purpose of the contract and would have been agreed upon by the parties if they had observed the ineffectiveness or impossibility of implementing the provision, shall replace the provision that is ineffective or impossible to implement.
The EU member states* are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Germany, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Rumania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom.
The EFTA member states** are: Iceland, Norway and Liechtenstein