General Terms and Conditions

§ 1 Scope of Application and Provider
(1) The General Terms and Conditions apply to all orders placed with the online shop of Colosseum Books
Managing Director: Andreas Frank
Email: info@colosseum-books.de

(2) The range of goods in our online shop is intended exclusively for buyers who are at least 18 years of age.

(3) Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our General Terms and Conditions is hereby rejected.

(4) The contract language is exclusively German.

(5) You can access and print out the currently valid General Terms and Conditions at
www.colosseum-books.de.

§ 2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) By clicking on the “Place order” button, you are submitting a
binding offer to purchase (§ 145 BGB).

(3) After we get your purchase offer, you'll get an automatically generated email where
we confirm that we got your order (confirmation of receipt). This confirmation of receipt doesn't mean we've accepted your purchase offer yet. The confirmation of receipt doesn't mean a contract has been made yet.

(4) A purchase contract for the goods is only made when we explicitly
acceptance of the purchase offer or when we ship the goods to you without prior express declaration of acceptance.

§ 3 Prices

The prices stated on the product pages include statutory value added tax and other price components and do not include the respective shipping costs.

§ 4 Terms of payment; default

(1) Payment can be made either:

invoice with advance payment or
PayPal

(2) If you choose the advance payment method, we will provide you with our bank details in the
order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

(3) If you are in default of payment, you are obliged to pay the statutory
default interest at a rate of 5 percentage points above the base rate. For each reminder letter sent to you after the occurrence of default, you will be charged a reminder fee of EUR 2.50, unless a lower or higher amount of damage can be proven in individual cases.

§ 5 Offsetting/Right of retention

(1) You shall only be entitled to offset if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.

(2) You may only exercise a right of retention if your counterclaim is based on
the same contractual relationship.

§ 6 Delivery; retention of title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have specified.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:

a. We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before transfer of ownership of the goods subject to retention of title.

b. You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.

c. If the goods subject to retention of title are combined or mixed, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d. We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Cancellation policy

If you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you are making the purchase for purposes that are predominantly neither commercial nor self-employed, you have a right of cancellation in accordance with the following provisions.

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us

Company: Colosseum Books
Address: Marktplatz 6, 52388 Nörvenich, Germany
Email: info@colosseum-books.de

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us or to ... immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form and return it to us.

To
Colosseum Books
Marktplatz 6, 52388 Nörvenich, Germany
info@colosseum-books.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of consumer(s):
Address of consumer(s):

Signature of consumer(s) (only for paper notifications)
Date

(*) Delete as applicable.

End of cancellation policy

(1) The right of cancellation does not apply to the delivery of goods that are not prefabricated
and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and name), for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.

2) Please avoid damage and contamination. Please return the goods to us in their original packaging with all accessories and packaging components, if possible. Use protective outer packaging if necessary. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage resulting from inadequate packaging.

(3) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Transport damage

(1) If goods are delivered with obvious transport damage, please report such defects immediately to the delivery agent and contact us as soon as possible.

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or transport insurance company.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your
warranty claims are governed by the statutory provisions of
sales law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for
warranty claims for used goods is one year, deviating from the statutory provisions. This limitation does not apply to claims based on damage resulting from injury to life, limb, or health, or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as for claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.

(3) In all other respects, the statutory provisions apply to the warranty.

(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions apply with the following modifications:

a. Only our own information and the manufacturer's product description are binding with regard to the quality of the goods, but not public promotions and statements or other advertising by the manufacturer.

b. You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later, from the time of discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.

c. In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of repair, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

d. If the subsequent performance fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract.

e. The warranty period is one year from delivery of the goods.

§ 10 Liability

(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence
and in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb, or health of persons.

(2) Otherwise, the following limited liability shall apply: In cases of slight negligence, we shall only be liable
in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

§ 11 Final provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between us and you are governed exclusively by German law,
excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).

(3) If you are a merchant, a legal entity under public law, or a special fund under public law,
the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is.