By using this site, you agree to the following:
These Terms of Service apply to all websites and social media accounts operated by dialog Q e.U.. "benwasthere.com" is abbreviated as BWT in the following and is used as an umbrella term for the entire website and its accounts on "social media".
You must be at least 18 years of age to use our Services.
You are not authorized to use BWT's Service for any illegal, prohibited, pornographic, harmful to minors or unauthorized purpose. International users agree to comply with all applicable international and national laws regarding online use and content.
You are solely responsible for your conduct and for any data, text, information, usernames, graphics, photos, profiles, audio or video clips, links, etc. (Content) that you transmit, post and display on BWT. You are only authorized to transfer such Content to BWT with respect to which you have the full copyrights and rights of use. The transfer of content is your declaration that you exclusively and comprehensively own the rights to all content and that you release this content for unrestricted use by and for the users of BWT. If you transfer data, images or other material to BWT without being authorized to do so, you release BWT from any claims for damages, etc.
The use of BWT for professional or business purposes is prohibited.
You are prohibited from modifying or hacking into the BWT website or modifying any other website in such a way that it falsely appears to be affiliated with BWT.
You are prohibited from sending unsolicited e-mail (spam).
You are prohibited from transmitting worms, viruses or other harmful code.
When using you must comply with all applicable laws in your country (including, but not limited to, copyright laws).
Please abide by the general rules of netiquette.
1. scope of application 1.1
These general terms and conditions apply to all business relationships between dialog Q e.U., Marchettigasse 1, 1060 Vienna, Austria (hereinafter: "we") and consumers and entrepreneurs (hereinafter: customers) regarding physical products (e.g. books, CDs) and digital content (e.g. eBooks, audiobooks) and services via online stores, applications (hereinafter: app).
1.2 A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 The General Terms and Conditions shall apply in the respective version current at the time of conclusion of the contract. If you, as an entrepreneur, use conflicting or supplementary general terms and conditions, these shall only become part of the contract if we have expressly agreed to them.
2 Conclusion of contract 2.1 Your contractual partner is Thalia Bücher GmbH. 2.2 The presentation of our product range in online stores, apps and eReaders does not constitute a legally binding offer within the meaning of §§ 145 et seq. of the German Civil Code (BGB), but a non-binding online catalog. Our assortment consists of physical products (hereinafter: product/s) as well as digital content (hereinafter: downloads) and services (cloud). You can add products and downloads to the shopping cart without obligation. You can make corrections at any time in the order process before submitting the order. You place a binding order for the products and downloads contained in the shopping cart by clicking the order button ("buy"). Immediately after sending the order, you will receive a confirmation of receipt of your order by e-mail. 2.3 When a contract with us is concluded depends on the payment method you choose: a) Invoice: for products: with your click on the order button and dispatch of the goods or the dispatch confirmation by e-mail by us for downloads: with your click on the order button and provision of the download by us b) Direct debit (SEPA direct debit): for products: with your click on the order button and dispatch of the goods or dispatch confirmation by e-mail by us for downloads: with your click on the order button and provision of the download by us c) Prepayment: with your click on the order button and dispatch of the prepayment request with details of the bank account to you by us d) Credit card: with your click on the order button e) PayPal: with your click on the order button f) Thalia gift card: if the entire invoice amount is paid with the Thalia gift card: with your click on the order button if only part of the invoice amount is paid with a Thalia gift card, the conclusion of the contract is based on the payment method you have also selected (see section 2.3 a)-e). g) Store payment: In the online stores www.thalia.de and www.thalia.at, you have the option of ordering products for delivery to a Thalia store of the Thalia Group of your choice and picking them up there during business hours ("store pickup"). Store pick-up and payment in the store: If you pay for the products when you pick them up in the store, the purchase contract is concluded upon payment in the store. Store pick-up and online payment: If you pay for the products online and pick them up in the store, the conclusion of the contract shall be governed by the payment method selected by you, as in the case of a purely online order (see section 2.3 a)-f). 2.4 If we are unable to accept your offer, you will be informed that the product is not available instead of accepting the order. Any consideration you have already paid will be refunded immediately. 2.5 We store the text of the contract. You will receive your order data and these general terms and conditions by e-mail. Under "My Account" you can view the text of the contract, i.e. the order data, at any time. Upon request, we will provide you with a copy of the order data. 2.6 We conclude contracts exclusively in German.
3.1 All prices include the statutory value added tax. Shipping costs may be added to the stated product prices. More information about the amount of shipping costs can be found with the offer or on the help pages.
3.2 We only accept the payment methods displayed during the ordering process. For all payment methods we do not charge additional costs. For transfers from abroad, the credit institution may charge bank fees. If we have a valid e-mail address, the invoice will be sent by e-mail two days after the goods have been shipped or the download has been made available. Otherwise, we will send the invoice by mail.
3.3 The following payment methods are generally available to you: a) Invoice: The invoice amount is due immediately upon receipt of the invoice and must be paid by you by bank transfer or at the checkout in any Thalia store. b) Direct debit (SEPA direct debit): You issue us with a SEPA direct debit mandate when placing the order. You will be informed of the date of the debit in the invoice (so-called prenotification). The account will be debited four working days after the invoice has been sent. The period for advance notice of the date of the account debit (so-called prenotification period) is four business days. c) Credit card: You provide us with your credit card details and we check your legitimacy. Immediately after placing your order, we block the invoice amount with the credit card company. The final debit of the credit card takes place at the earliest one day after sending the invoice (Mondays or Thursdays). d) PayPal: You will be redirected to the website of the online provider PayPal during the order process. In order to use this payment method, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction to us. Immediately after placing your order, we block the invoice amount at PayPal. The final debit of the PayPal account takes place at the earliest one day after sending the invoice (Mondays or Thursdays). e) Prepayment: We will inform you about the bank details in a separate e-mail and deliver the goods after receipt of payment or make your download available after receipt of payment. If we are unable to receive payment within a period of 60 days, we will cancel the order. f) Thalia gift card: You enter the gift card number in the order process. We will check the gift card balance and deduct it from the invoice amount in the order process. The final charge to the gift card is made when the order is placed. g) Store payment for goods delivered to a Thalia store: You pay the invoice amount at the checkout when you pick up the goods at the respective Thalia store. 3.4 Restrictions on the selection of payment methods may arise as a result of credit checks. In particular, we reserve the right to demand payment in advance in the amount of the order value if, at the time the order is received, there are outstanding invoices in the dunning process or if the merchandise value of all orders exceeds the total of outstanding invoices or orders already dispatched at the time of a new order exceeds an amount of 200.00 EUR or if your credit notes reach or exceed 30 percent of the previous total invoice volume.
3.5 You shall only be entitled to set-off if and to the extent that your counterclaims have been legally established, are undisputed or have been acknowledged by us. You may not arbitrarily deduct postage costs that you have paid for the return of goods from the invoice amount. You shall only be entitled to exercise a right of retention if your counterclaim is based on the same purchase contract.
3.6 If goods are imported into countries outside Austria, there may be export restrictions and import duties and taxes may be payable by you. These vary in different customs territories. You are responsible for the proper removal of the necessary duties, taxes and fees.
3.7 If you exercise your right of revocation, you shall bear the direct costs for returning the goods. We shall bear the costs of returning the goods if you use the return label provided by us for a return initiated within Germany.
3.8 Please note that the prices for non-priced products (e.g. CDs, DVDs, foreign language books) in the online store and in the stores may be different. This is possible if you do not order the product online for store pickup, but you only browse our websites and buy the product later in a store. If you order the product online for store pickup, you will be guaranteed the price from the online order when you pick up the product in the store, i.e. if the store price is higher than the online price at the time of the online order, we will always charge you the lower online price.
4. self-delivery reservation If the product you ordered is not available from us because we are not supplied by our reliable supplier through no fault of our own, despite placing a congruent order, you will immediately receive a message by e-mail. We are thereby released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will refund them immediately.
5. 5 Retention of Title
5.1 The goods remain our property until full payment.
5.2 For entrepreneurs, the following shall apply in addition: we shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business. You assign to us in advance all claims arising from this resale in the amount of the invoice amount and we accept this assignment. You shall remain authorized to collect the claims. We shall also be entitled to collect the receivables ourselves if you fail to meet your payment obligations.
6. transport damages
6.1 The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. By doing so, you help us to be able to assert our own claims against the carrier or the transport insurance.
6.2 For entrepreneurs, the following shall apply: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
7. customer reviews If you write a customer review, we are entitled to display this text via all channels, e.g. stationary, online store, eReader, and social media presences of Thalia Bücher GmbH or our subsidiaries and legally affiliated companies. We reserve the right not to display a review or to display it only for a limited period of time and, if this is required for legal reasons (e.g. in the event of a violation of personal rights), to display it in abridged form. Customer reviews reflect your opinion only and do not necessarily agree with our opinion.
8. 8 Warranty
8.1 We shall be liable for defects within the scope of the statutory provisions. 8.2 For contracts with consumers, the warranty period shall be 2 years from delivery of the goods. For entrepreneurs, the warranty period is limited to one year from the transfer of risk.
10. 9 Liability
11. 9.1 We exclude liability for slightly negligent breaches of duty insofar as a) this does not concern guarantees or duties essential to the contract, i.e. obligations whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the contractual partner regularly relies and may rely, b) it does not concern damage resulting from injury to life, limb or health, c) claims under the Product Liability Act remain unaffected.
13. 9.2 In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages shall be excluded. 9.3 The same applies to breaches of duty by our legal representatives or our vicarious agents. 10 Protection of Minors If your order includes products whose sale is subject to age restrictions, we shall ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. 11. disposal and environment 11.1 Used batteries must not be disposed of in household waste. Consumers are required by law to take batteries to a suitable collection point, i.e. at retailers wherever batteries are also sold or at local authorities (recyclable materials or recycling centers). Used batteries can also be sent to Thalia Bücher GmbH, location Münster, An den Speichern 8, 48157 Münster, Germany or returned to one of our Thalia stores. 11.2 The trash can means: Batteries and rechargeable batteries must not be disposed of in the household trash. The signs under the garbage cans stand for: Pb: Battery contains lead Cd: Battery contains cadmium Hg: Battery contains mercury.
14. 12. Dispute resolution
12.1 As of February 15, 2016, the EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes related to their online order without having to go to court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/. In this context, we are required by law to inform you of our e-mail address. This is: firstname.lastname@example.org.
12.2 We will endeavor to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
3. final provisions
14. 13.1 The legal relationship between you and us shall be governed by German law without the reference norms of private international law and excluding the UN Convention on Contracts for the International Sale of Goods (CISGG). If the customer is a consumer, the law of the customer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved. 13.2 If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Hagen shall be the exclusive place of jurisdiction for all claims in connection with the business relationship.
13.3 Should one or more provisions of these General Terms and Conditions be invalid in whole or in part or lose their legal validity at a later date, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. 13.4 Depending on the end device, you can print and/or save this document ("Save file as"). B. Right of withdrawal 1. Right of withdrawal for physical products Consumers are entitled to a right of withdrawal according to the following provisions: Cancellation Policy Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Thalia Bücher GmbH I Standort Münster, An den Speichern 8, 48157 Münster, telephone number: +43 732 7615-60701, fax number: +43 732 7615-60590, e-mail address: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. Notes: 1.1 The right of withdrawal expires prematurely for contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery. 1.2 In all other respects, the statutory exceptions pursuant to § 312 g para. 2 BGB shall apply. Click here for the sample cancellation form 2. Right of cancellation for digital content (eBooks, downloads) and services (cloud) Consumers are entitled to a right of cancellation according to the following provisions: Cancellation Policy Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must inform us (Thalia Bücher GmbH I Standort Münster, An den Speichern 8, 48157 Münster, telephone number: +43 732 7615-60701, fax number: +43 732 7615-60590, e-mail address: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. Click here for the sample withdrawal form
**§ 1 Licenses for digital content**.
You can purchase licenses for digital content against payment or free of charge and download them to end devices of your choice, e.g. eReader or smartphone. You will need certain system requirements and playback software, e.g. the tolino app or a tolino eReader. Any connection costs incurred are to be paid separately by you to your service provider.
**§ 2 Copyright for digital content**
2.1 Digital content is protected by copyright. We do not grant you ownership of it. You are granted the simple, non-transferable right to use the digital content offered for exclusively personal use in accordance with copyright law in the manner offered in each case.
2.2 You are permitted to download digital content once and copy it to your own end devices of your choice exclusively for personal use. Furthermore, you are not permitted to change the content or editorial content of digital content in any way or to use modified versions, to copy it for third parties, to make it publicly accessible or to forward it, to post it on the Internet or other networks, whether for a fee or free of charge, to imitate it, to print it, to resell it or to use it for commercial purposes.
2.3 As far as possible, we will enable you to make further downloads after the first complete download (re-downloads); however, there is no entitlement to this. We are entitled to temporarily or permanently change, interrupt or discontinue the download option at any time. Furthermore, we are entitled to delete individual digital contents from your customer account if there is an important reason for doing so, in particular in the event of disputes about any infringements of rights. The possibility of deletion does not apply to digital content that is already on a separate storage location with you, e.g. your PC or eReader, after you have downloaded it.
2.4 Digital content may be individually marked with digital watermarks so that it is possible to identify and track the original purchaser in the event of misuse. Digital content may also be protected against illegal copying via Adobe Digital Rights Management (DRM) protection. Use of this digital content is only possible via your respective Adobe ID stored on the end device(s).
3 Audiobook downloads by subscription
3.1 You may subscribe to receive audiobook downloads on a regular basis at a price specified in the offer. As part of the subscription, you will receive a credit credited to your customer account every 30 days after payment of the agreed subscription price. This credit then entitles you to purchase an audio book download.
3.2 Credits that are not redeemed remain in your customer account; they expire at the end of the third year following the purchase of the respective credit.
3.3 The subscription can be cancelled at any time via the customer account under "My account" with effect for the next billing period. Credits that have not yet been redeemed expire at the end of the third year following the year of purchase of the respective credit.
3.4 We are entitled to terminate the subscription at our own discretion for good cause, in particular in the event of fraud or misuse, repeated payment default or discontinuation of the entire offer.