2. Conclusion of contract and withdrawal

advaitaMedia undertakes to accept the customer’s order in accordance with the terms and conditions of the website. advaitaMedia is entitled to withdraw from the contract in the event of typing, printing, or calculation errors on the website. advaitaMedia is also entitled to withdraw from the contract if advaitaMedia’s supplier no longer supplies advaitaMedia with the ordered goods despite contractual obligations.

3. Delivery

Unless otherwise agreed, delivery shall be made from the warehouse to the delivery address specified by the customer. The risk shall pass to the customer as soon as the delivery has been handed over by advaitaMedia or a third party commissioned by advaitaMedia to the carrier, even if partial deliveries are made. For consumers, the risk of accidental loss and accidental deterioration is only transferred to the customer upon handover of the goods. Information about the delivery period is non-binding, unless a delivery date has been bindingly agreed in exceptional cases.

4. Due date and payment, default

The purchase price is due immediately upon placing the order. Payment in Germany is made by direct debit, bank transfer after receipt of invoice, or PayPal; abroad, payment is made by bank transfer. If the customer defaults on payment, advaitaMedia is entitled to charge default interest at a rate of 5% above the base rate per annum announced by the Deutsche Bundesbank. If advaitaMedia can prove that it has incurred higher damages due to the default, it may claim these.

5. Provisions for downloads

If the customer purchases digital content for permanent download (hereinafter referred to as “download”), such as e-books, audio or video files, these can be viewed and downloaded via the protected customer area after completion of the order. The download is available for a period of 360 days from the date of purchase. After this period has expired, advaitaMedia does not guarantee that the downloads will continue to be available. It is the responsibility of the customer to transfer the downloads to a device in good time and to protect them by taking appropriate security measures (e.g., a backup).

advaitaMedia reserves the right to change, interrupt, or discontinue the option to download again and/or to delete downloads from the customer account, particularly if there is an important reason, such as disputes over possible legal violations.

advaitaMedia GmbH does not transfer ownership of the downloads to the customer. Upon provision of the download option, the customer acquires a simple, non-transferable right to use the download for personal use, which is revocable until full payment has been made.

The customer is not permitted to change the content or editorial format of downloads, reproduce them for third parties, make them publicly accessible, forward them, post them on networks (whether for a fee or free of charge), or use them for commercial purposes. The transfer of rights to third parties is excluded.

Downloads may be watermarked to protect against illegal copying, containing the personal data of the purchaser.

6. Offsetting and Retention

The customer is only entitled to offset if their counterclaims have been legally established or recognized by advaitaMedia. The customer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

7. Retention of Title

Until all claims against the customer have been settled in full, the delivered goods remain the property of advaitaMedia.

8. Warranty for Defects and Liability

If there is a defect in the purchased item for which advaitaMedia is responsible, advaitaMedia shall be entitled, at its own discretion, to remedy the defect or to deliver a replacement. If advaitaMedia is unwilling or unable to remedy the defect/deliver a replacement, or if this is delayed unreasonably, the customer shall be entitled to withdraw from the contract or to reduce the purchase price.

Further claims by the customer, in particular claims for damages, are excluded, unless otherwise stipulated. advaitaMedia is not liable for damage that has not occurred to the delivery item itself, in particular for lost profits or other financial losses. This limitation of liability also applies to employees, representatives, and vicarious agents of advaitaMedia.

The limitation of liability shall not apply in cases of intent, gross negligence, breach of fundamental contractual obligations, or damage resulting from injury to life, limb, or health.

The warranty period is 12 months from the transfer of risk, except for consumer goods purchases. The statutory provisions apply to consumer electronics and hardware products.

9. Data Protection

The customer has been informed about the type, scope, location, and purpose of the collection, processing, and use of personal data required for the execution of orders by advaitaMedia. The customer expressly consents to this collection, processing, and use of personal data. More information about our data protection can be found here.

10. Applicable Law and Jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is Hamburg if the customer is a merchant. Otherwise, the statutory provisions apply.

Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.