Terms & Conditions (T&C) with customer information

1. Scope
2. Offers and service descriptions
3. Ordering and contract completion
4. Prices and shipping costs
5. Delivery, product availability
6. Methods of Payment
7. Retention of title
8. Material Defects Warranty and Guarantee
9. Liability
10. Cancellation
11. Exclusion to the right of withdrawal
12. Returns
13. Cancellation returns costs
14. Storage of the contract text
15. Data Protection
16. Place of Jurisdiction, Applicable Law, Contract Language

1. Scope
The representative legal entity of the Basler Afrika Bibliographien is the Carl Schlettwein Stiftung, Klosterberg 21, 4051 Basel, hereinafter always referred to as “Seller.”

1.1. These General Terms and Conditions, effective at the time of order placement, apply exclusively to the business relationship between the Seller and the Customer (hereinafter “Customer”).

1.2. A consumer, for the purposes of these general Terms and Conditions, is any natural person who concludes a legal transaction for purposes other than that which can be attributed to a commercial or professional capacity.

1.3. Differing conditions proposed by the Customer are not recognised, unless the Seller agrees to their validity in writing.

2. Offers and service descriptions

2.1. The presentation of products in our online shop is not a legally binding offer, but an invitation to submit an order. Service descriptions in catalogues as well as on the Seller’s websites do not represent a warranty or guarantee.

2.2 . All offers are valid “while stocks last”, unless otherwise stated. In addition, errors and omissions are excepted.

3. Ordering and contracting

3.1. The Customer can select from the range of vendor products without obligation and place them in the online shopping basket using the [Shopping Basket] button.

3.2 Subsequently, the Customer can then proceed within the shopping basket by clicking on the [Proceed to Checkout] button at the end of the ordering process.

3.3. By clicking the [Buy] button the Customer makes a binding offer to purchase the goods in the basket. Before submitting the order, the Customer can view and change the data at any time. Required fields are marked with an asterisk (*).

3.4. The Seller then sends the Customer an automatic confirmation of receipt via email, in which the Customer’s order is listed again and which the Customer can print using the “Print” function (order confirmation). The automatic acknowledgment of receipt only documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the order. The purchase agreement is only formed once the Seller ships or transfers the ordered product to the Customer within 2 days; transfer or shipment to the Customer has been confirmed within 2 days with a second email confirmation of order; or the explicit order confirmation or invoice is sent.

3.5. Should the Seller allow payment in advance, the contract is formed on the provision of banking data and the payment demand. If the payment is not received when due, even after a second notice, for up to 10 calendar days after sending the order confirmation by the Seller, the Seller may cancel the contract, with the result that the order is void and the Seller has no obligation to deliver. The order is then concluded for the Customer and Seller with no other consequences. Reservation of articles via advance payments is therefore permitted for a maximum of 10 calendar days.

4. Prices and shipping costs

In addition to the prices charged, the Seller charges for delivery. The shipping costs are clearly indicated to the Customer on the shipping page and during the ordering process.

5. Delivery, product availability

5.1. Where, on the date of the Customer’s order, no copies of the selected product are available, the Seller shall notify the Customer of this in the order confirmation. If the product is permanently out of stock, the Seller will inform the customer of this and will not make a declaration of acceptance. A contract is not materialised in this case.

5.2 . If the product which the Customer has selected is temporarily unavailable, the Seller will immediately notify the Customer in the order confirmation. If delivery is delayed by more than two weeks, the Customer has the right to rescind the contract. In addition, the Seller is entitled to withdraw from the contract in these circumstances. In such a case, the Seller will immediately refund any payments that the Customer has already made. As far as pre-payment has been agreed, delivery shall be made after receipt of the invoice amount.

6. Methods of Payment

6.1. The Customer is able to choose from the available payment methods during and before completing the ordering process.

6.2. If the payment is by invoice, payment within 30 days shall be made after receipt of goods and the invoice. For all other payment methods, payment in advance shall be made without deduction.

6.3. If payment is made via a third-party service provider, e.g. Paypal, their Terms and Conditions are also applicable.

6.4. If the Customer fails to make payment within the determind due date, the Customer falls immediately into default. In this case the Customer must pay interest at the rate of 5%.

6.5. The Customer’s obligation to pay default interest does not preclude the assertion of further damages caused as a result of the default by the Seller.

6.6. Customers shall only have the right to offset counterclaims provided that these are legally valid or recognised by the Seller. The Customer can exercise a right of retention only when the claim is related to the same contractual relationship.

7. Retention of title
Goods remain the property of the Seller until full payment.

8. Material Defects Warranty and Guarantee

8.1. The warranty is determined by law.

8.2. No guarantee is made for the goods delivered by the Seller unless this has been expressly stated.

9. Liability

9.1. The Seller’s liability for damages without prejudice to other statutory requirements is subject to the following disclaimers and limitations.

9.2. The Seller is fully liable if the damage is caused by intent or gross negligence.

9.3. Furthermore, the Seller is liable for the negligent breach of material obligations if the violation endangers the purpose of the contract, or if the violation does not allow fulfillment or proper execution of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller is liable only for the foreseeable, typical damage. The Seller is not liable for the negligent breach other than those mentioned in the preceding sentences.

9.4. The foregoing limitations of liability shall not apply to injury to life, body and health, for a defect after acceptance of a guarantee for the quality of the product and fraudulently concealed defects. Liability under product liability law remains unaffected.

9.5. As far as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Cancellation

– Start of the cancellation policy for consumers –
You, the Customer, can withdraw from the contract, without giving reasons, in writing (e.g. letter, fax, email) within 14 days or – if the goods are sent before the end of the deadline – by returning the item.
The time period begins after receipt of the instruction in writing, however, not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery). The revocation period is sufficient to send the cancellation or good. The cancellation must be sent to:

Basler Afrika Bibliographien
Klosterberg 23
4051 Basel
Fax: +41 61 228 93 30

Consequences of revocation
In the event of a valid cancellation, the payments or goods received by both parties are to be returned and, if necessary, any derived profit (e.g. interest) surrendered. If you cannot send us the received goods or the derived benefit (e.g. benefits of use), or only partially, or return them in a deteriorated condition you must pay us compensation. With regards to deterioration and derived benefits, you must pay compensation only to the extent to which the use or the deterioration is due to improper use of the goods which goes beyond the examination of the properties and functioning of the product. “Examination of the properties and functioning” refers to the testing and trying out the goods, as is possible and customary in a retail store. Goods consignable by parcel shipment may be returned at our risk. You must bear the regular costs of the return if the delivered goods correspond to the ordered goods and if the price of the returned goods does not exceed a value of 40 Euros, or if you have not yet, at the time of cancellation, paid at a higher price the amount due or a contractually agreed partial payment. Otherwise the return is free of charge for you. Items not suitable for parcel shipment will be collected from the customer. Obligations to reimburse payments must be fulfilled within 30 days. The time period begins for you when you send your cancellation or the goods, and it begins for us with their receipt.
– End of cancellation policy for Customers –

11. Exclusion to the right of withdrawal
The right of withdrawal does not apply to the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the Customer.

12. Returns

12.1. Prior to the return of goods, Customers are requested to report the return to the Seller [bab@baslerafrika.ch, Fax: +41 61 228 93 30]. This will allow the Seller to assign the products as soon as possible.

12.2 . Customers are requested to send the goods as a pre-paid package back to the Seller and to keep the mailing receipt. The Seller will refund the cost of postage to the Customer on advance request, unless they are to be paid by the Customer.

12.3. Customers are asked to avoid damage to or contamination of the product. Goods should be sent with all the accessories back to the Seller, if possible in their original packaging. If the original packaging is no longer in the possession of the Customer, another suitable package should be used to provide sufficient protection against transportation damage and to avoid any claims for damages because of damage due to faulty packaging.

12.4. The terms within this section (No. 12) of the Terms and Conditions are not a prerequisite for the effective exercise of the right of cancellation according to No. 10 of these T&Cs

13. Cancellation return costs

13.1. If the Customer is a consumer, in the case of the revocation (see paragraph 10 of these T&Cs), they shall bear the costs of the return if the delivered goods ordered and if the price corresponding to the returned goods does not exceed an amount of 40 Euros or if the Customer has not yet, at the time of cancellation, paid at a higher price the amount due or a contractually agreed partial payment.

13.2. Otherwise the return consignment is free of charge for the Customer.

14. Storage of contract

14.1. The Seller saves order contracts. The Terms and Conditions are available online. The Customer may print the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order process.

14.2. The Seller also sends the Customer an order confirmation with all the order data to the email address specified by the Customer. Furthermore, the Customer receives a copy of the Terms & Conditions with their order.

15. Privacy

15.1. The Seller shall process personal data of the customer for appropriate purposes and according to statutory regulations.

15.2. For the purpose of ordering goods, specified personal information (such as name, email address, mailing address, bank data) are used by the Seller for the fulfillment and completion of the contract. This data is treated confidentially and is not disclosed to third parties who are not involved in the ordering, delivery and payment process.

15.3. The Customer has the right to access on request their information and personal data, free of charge, which is stored by the Seller. In addition, the Customer has the right to correct inaccurate data and to block and delete personal data, provided there are no legal retention requirements to preclude it.

15.4. More information on the nature, extent, place and purpose of the collection, processing and use of personal data required by the Seller can be found in the Privacy Policy.

16. Place of Jurisdiction, Applicable Law, Contract Language

16.1. Jurisdiction is Basel Stadt.

16.2. The Laws of Switzerland are applicable. This does not apply if mandatory consumer protection provisions are contrary to such an application.

16.3. The contract language is German.

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