Private publisher Eukapital

Publisher · Editing · Studio

 

General terms and conditions of business

Updated version from 06/22/2023 - 1:00 p.m

Machine translated for customer convenience. Only the German version is legally binding.

 

Publisher - online shop

 

preamble

This section of the general terms and conditions applies to the online shop of Eukapital Marcel Kleineberg (hereinafter referred to as "publisher"), for which or  the contractual partners (hereinafter “customer”).

 

1. scope

   1. These General Terms and Conditions (GTC) apply to all deliveries from the publisher to the customer.

   2. The version of the GTC that was valid at the time the contract was concluded applies to contracts that were concluded before this version of the GTC came into effect under the validity of the previous version of the GTC. The publisher reserves the right to withdraw an offer or to revoke a contract within the framework of the statutory revocation provisions in the event of a disadvantage arising for it

2. contractor

   1. The purchase contract is concluded with
      “Eukapital, owner: Marcel F. Kleineberg
      Engelhardsberg 32 91346 Wiesenttal Germany”

3. conclusion of contract

   1. The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to place an order.

   2. By clicking the [Buy/order with costs] button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order with an order confirmation email immediately after receipt of your order.

4. right of withdrawal

   1. If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or self-employed professional activity), they are entitled to a right of withdrawal in accordance with the statutory provisions.

   2. If the customer makes use of his right of withdrawal as a consumer, he has to bear the regular costs of the return.

   3. For the rest, the regulations that are reproduced in detail in the following apply to the right of withdrawalRight of withdrawal:

      1. You have the right to withdraw from this contract within fourteen days without giving a reason.

      2. The cancellation 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.

      3. To exercise your right of withdrawal, you must send us a letter in writing
         “Private publisher Eukapital
         Engelhardsberg 32
         91346 Wiesenttal”
         about your decision to revoke this contract.

      4. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

      5. Consequences of the revocation:

         1. If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

         2. You have sent the goods to us immediately and in any event no later than fourteen days from the day on which you informed us of the cancellation of this contract or to (here may be the name and address of the person authorized by you to accept the goods insert) to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.

         3. You bear the direct costs of returning the goods.

         4. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

      6. Exceptions to this are personally signed books, with reference to §312g  BGB: Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer are excluded from the right of withdrawal according to §355 BGB.

                       - End of revocation -

1. prices and shipping costs

   1. The prices stated on the product pages include statutory VAT and other price components.

   2. In addition to the stated prices, the publisher charges a flat rate of EUR 4.99 per order for delivery within Germany, but EUR 7.39 within the EU and EUR 12.89 outside the EU. The shipping costs are clearly communicated to the customer again on the product pages, in the shopping cart system and on the order page.

2. Delivery

   1. Delivery is with DHL.

   2. The publisher will indicate estimated delivery times at the time of purchase.

3. payment

   1. Payment in the online shop can be made using Paypal, or Apple Pay, Giropay, credit and debit cards and Sofort.

   2. Invoices are paid using the payment methods shown on the invoice (Paypal, bank transfer)

4. retention of title

   1. The goods remain the property of the publisher until full payment has been made.

5. Place of performance, place of jurisdiction, choice of law

   1. The place of performance and payment for the customer's payment obligations is the publisher's place of business.

   2. The contractual relationship between the customer and the publisher is subject to the law of the Federal Republic of Germany.

   3. For all disputes arising in connection with the contract or its validity, the place of business of the publishing house is the exclusive place of jurisdiction.

6. form requirement

   1. Changes and additions to the contract can only be agreed in writing or by email. This also applies to any waiver of this formal requirement. Verbal collateral agreements do not exist.

7. dispute resolution

   1. The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link:http://ec.europa.eu/consumers/odr.

   2. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

8. Severability Clause

   1. Should a provision of this contract or a future provision included therein be or become wholly or partially invalid or unenforceable, the remainder of the contract shall remain in effect. The contracting parties are obliged to agree on an effective and enforceable provision that replaces the invalid or unenforceable provision and that comes as close as possible to its economic purpose.

 

 Editing Service  

 

preamble

This section of the General Terms and Conditions relates to the provision of proofreading and editing services by Eukapital Marcel Kleineberg (hereinafter referred to as "Publisher"), for whom or  the contractual partners (hereinafter “customer”).

 

1. scope

   1. The following conditions apply to all contracts concluded between the publisher and the customer for the provision of proofreading and editing services by the publisher. They also apply to future transactions, even if no express reference is made to them, provided the customer has received them in connection with a transaction that has already been concluded between him and the publisher.

   2. The following conditions apply exclusively; conflicting or deviating agreements require the written consent of the publisher. These conditions also apply if the publisher unconditionally renders services to the customer or accepts services from the customer without reservation in the knowledge of conflicting or deviating conditions of the customer.

   3. For offers that were issued prior to the validity of this version of the GTC with the previous version of the GTC, the version of the GTC attached to the offer also applies to the contract concluded by accepting such an offer. The publisher reserves the right to withdraw an offer or to revoke a contract within the framework of the statutory revocation provisions in the event of a disadvantage arising for it.

2. Offers from the publisher

   1. After an initial discussion with the customer, the publisher sends the customer an offer. If the customer accepts this offer, he thereby concludes a service contract with the publisher under the terms specified in the offer and the terms of the T&C attached to the offer.

3. Subject of the contract / services of the publisher 

   1. The publisher provides proofreading and editing services for the customer. The specific scope of the services to be provided by the publisher is agreed on a case-by-case basis.

   2. The publisher will provide the agreed services carefully and to the best of its knowledge and belief. In proofreading and editing, individual errors in the text can remain undetected, even when the greatest possible care is taken. The publisher does not guarantee that all errors in the text will be discovered.

   3. The publisher can also use third parties, in particular freelancers, to fulfill the order. However, he remains responsible to the customer for the proper fulfillment of the contractual service.

   4. Unless otherwise agreed, the customer will receive the texts created or edited by the publisher as an attachment to an e-mail as a PDF file, or via Google Drive.

   5. The presentation of the annotations and comments, as well as the correction suggestions of the publisher, are based on the file formats.

4. Customer's obligations to cooperate / right of use

   1. The customer will provide the publisher with the documents required for the provision of the agreed service, in particular the texts to be edited, in good time as a PDF file attached to an e-maillektorat@eukapital.de or by sharing the Google Docs or PDF document via Google Drive forprivatverlag.eukapital@gmail.com provide. If the customer does not comply with this obligation to cooperate, the publisher will grant him a reasonable period of grace. If the period of grace elapses without result, the publisher is entitled to terminate the contract without notice and to charge a flat-rate fee for loss of contract amounting to 10% of the order total.

   2. The customer grants the publisher and third parties, which he uses to fulfill the order, a simple, spatially unrestricted right to use the materials to be processed, limited in time to the term of the contract. In terms of content, the right of use is limited to types of use that are related to the provision of the publisher's contractual service. This includes, in particular, the right to make changes, edits and other transformations, insofar as these are necessary for the publisher to provide the contractual service.

5. Compliance with legal requirements

   1. The customer remains solely responsible for the concept, technology, design and content of the texts to be edited by the publisher. The customer is obliged to observe and not to infringe patent, copyright, industrial property, trademark and other industrial property rights and personal rights of third parties. The customer assures that he owns all necessary rights to the texts submitted by the publisher for proofreading and/or editing.

   2. The customer is obliged to indemnify the publisher from all claims by third parties that are asserted against the publisher due to the legal inadmissibility of the customer's texts.

   3. If there is a suspicion of a violation of legal regulations, the publisher will support the authorities in their investigations if ordered to do so. As a matter of principle, the publisher does not check the legality of the official orders.

   4. If the customer violates his obligations under paragraph 1, the publisher is entitled to terminate the contract without notice. The publisher will warn the customer beforehand. A warning is not required if the customer's breach of duty is so significant that further cooperation is not reasonable for the publisher. In these cases, the publisher is entitled to charge a flat-rate fee for non-conformity of 50% of the order amount, but at least twenty-five euros. Further legal steps remain unaffected by this.

6. Billing / Compensation

   1. In the case of proofreading and editing services, the customer is obliged to pay a fee for every 1000 words processed by the publisher. The principle of a thousand started applies here. 1001 words are therefore calculated at the price of 2000 words. The amount to be paid by the customer per thousand words is agreed on a case-by-case basis and depends on the desired scope of service and the selected service period.

   2. In the case of proofreading and editing services, the total remuneration owed is in any case at least twenty-five euros.

   3. In the case of proofreading and editing services, the publisher's invoice shows the number of thousands of words processed and the amount of the remuneration owed for this.

   4. The remuneration is due and payable within ten working days of receipt of the invoice, unless otherwise agreed or stated otherwise on the invoice.

   5. The customer is obliged to pay the remuneration owed via the payment details specified in the publisher's invoice. He is not authorized to use other payment methods.

   6. The publisher is entitled to request a reasonable advance payment if necessary.

7. Competition

   1. The publisher is free to also work for other customers. This also applies if the customer is a competitor.

8. duty of confidentiality

   1. The parties undertake to maintain secrecy about all business and trade secrets of their contractual partner known to them. This obligation continues even after the end of the contractual relationship.

   2. The publisher is entitled to pass on information from the customer, in particular texts to be edited, insofar as this is necessary for the contractual provision of the service. In particular, the publisher is entitled

      1. to pass on information from the customer to freelancers, provided that they are sworn to secrecy, and

      2. Disclose customer information to LLMs, plagiarism software and other tools as part of digital processing, provided that this does not result in publication. The publisher is obliged to carefully check the aids and digital tools, but cannot be prosecuted for data leaks or misconduct by third parties.

9. data protection

   1. According to the Federal Data Protection Act, the publisher is prohibited from processing, disclosing, making accessible or otherwise using protected personal data for any purpose other than that which is part of the respective legitimate task fulfillment.

10. Duration of contract, termination

    1. The contract is concluded for an indefinite period.

    2. The contract can be terminated by either party at any time with a notice period of fourteen days. The right to extraordinary termination for good cause remains unaffected.

    3. Cancellation can only be made in writing or by email. This also applies to any waiver of this formal requirement.

    4. In the event of an ordinary termination by the customer, the publisher is entitled to calculate the work already done in the amount of the percentage "Work already done / Total work to be done", but at least a flat-rate loss of contract amounting to 10% of the order total, but in any case entitled to twenty-five euros.

11. revocation

    1. You have a 14-day right of withdrawal from the contract that came about through acceptance of the offer without giving reasons.

    2. A declaration of revocation must be in writing
       “Private publisher Eukapital
       Engelhardsberg 32
       91346 Wiesenttal”
       take place.

    3. Your right of withdrawal expires when you send your texts to the publisher. The contract formed by acceptance of the offer is subject to the terms of the offer. In the offer you will be instructed about your cancellation rights: “By placing the order by accepting the offer, you confirm that by sending in your texts you are expressly instructing the publisher to start providing the service immediately. You confirm that you hereby expressly agree to waive your right of withdrawal.”

    4. The waiver of revocation mentioned under 11.3 is justified

       1. with your unequivocal consent

       2. by §312g BGB, according to which contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer are excluded from the right of withdrawal according to §355 BGB.

12. Publisher's Liability

    1. The publisher's liability for contractual breaches of duty and tort is limited to intent and gross negligence.

    2. These limitations of liability also apply to the actions of third parties, which are attributed to the publisher according to the statutory provisions, such as B. Actions of vicarious agents.

13. Customer Liability

    1. The liability of the customer is based on the statutory provisions, unless otherwise stated in these General Terms and Conditions.

14. Statute of limitations on customer claims

    1. Insofar as liability on the part of the publisher for damages that are not based on injury to life, limb or health of the customer is not excluded for slight negligence in accordance with No. 11, such claims shall become statute-barred within one year from the time the claim arose.

15. Limitation of Claims by the Publisher

    1. Claims by the publisher against the customer become time-barred after five years, in deviation from Section 195 of the German Civil Code. Section 199 BGB applies to the start of the limitation period.

16. Transfer of Customer Rights

    1. The transfer of customer claims against the publisher to third parties requires the prior consent of the publisher. Consent can only be given in writing. This also applies to any waiver of this formal requirement.

17. Place of performance, place of jurisdiction, choice of law

    1. The place of performance and payment for the customer's payment obligations is the publisher's place of business.

    2. The contractual relationship between the customer and the publisher is subject to the law of the Federal Republic of Germany.

    3. For all disputes arising in connection with the contract or its validity, the place of business of the publishing house is the exclusive place of jurisdiction.

18. form requirement

    1. Changes and additions to the contract can only be agreed in writing or by email. This also applies to any waiver of this formal requirement. Verbal collateral agreements do not exist.

19. Severability Clause

    1. Should a provision of this contract or a future provision included therein be or become wholly or partially invalid or unenforceable, the remainder of the contract shall remain in effect. The contracting parties are obliged to agree on an effective and enforceable provision that replaces the invalid or unenforceable provision and that comes as close as possible to its economic purpose.