Terms of service

1. Scope of the General Terms and Conditions 1.1. For all current and future deliveries and other services provided by Silbermund Verlags GmbH (hereinafter referred to as: Silbermund Verlag) to its customers within the scope of its internet service under the domain silbermund.com as well as based on orders via internet, telephone, letter, or fax (hereinafter collectively referred to as: Service), the following general terms and conditions (hereinafter referred to as: GTC) apply exclusively. These GTC apply to all customers of Silbermund Verlag, provided they are not consumers within the meaning of § 1 Para. 2 KSchG (hereinafter referred to as: Customer). 1.2. The customer's terms and conditions do not apply unless they have been expressly recognized by written confirmation.

2. Conclusion of Contract and Prices 2.1. The services offered by Silbermund Verlag are a non-binding invitation from Silbermund Verlag to the customer to submit a binding offer for the services. By placing an order, the customer submits such a binding offer. A contract between the customer and Silbermund Verlag is only concluded when Silbermund Verlag has confirmed or accepted this offer with a separate confirmation. If the service is not (fully or partially) available immediately, the contract regarding the services not immediately available is only concluded when the service is available and the price has not changed to the customer's disadvantage. 2.2. The purchase price for the ordered services is agreed to be the one that results from the current information on the website, from brochures, or the respective offer. All invoices are payable within 14 days without deduction. In the event of culpable default of payment, default interest is 5% per year. Silbermund Verlag is entitled to claim damages caused by the contractual partner, in particular the necessary costs of appropriate out-of-court collection or recovery measures, provided these are proportionate to the claim pursued. 2.3. The prices stated are inclusive of statutory tax, but exclusive of packaging and/or shipping costs. The amount of the shipping costs including value-added tax is shown separately in the respective order form. The total costs are displayed before the contractual declaration is submitted. 2.4. Silbermund Verlag does not offer products for purchase to minors. All products can only be purchased by persons with full legal capacity within the meaning of the law. 2.5. Please note that we only sell all products in normal household quantities. This refers both to the number of ordered products within one order and to placing multiple orders for the same product where the individual orders comprise a normal household quantity.

3. Delivery 3.1. Goods are delivered at the risk and expense of the customer by post or by a courier or parcel service to the delivery address specified by the customer. Risk and chance pass to the customer at the time the purchased item is handed over to the shipper. 3.2. Silbermund Verlag executes orders immediately. If the prompt execution of an order encounters an unforeseen or unavoidable obstacle for special reasons, the delivery time can exceed 30 days in individual cases. In the event of the unavailability of the purchased item, the customer will be informed of this without delay upon knowledge, and the seller can withdraw from the contract. Claims by the customer arising from the impossibility of fulfilling the contract are excluded.

4. Contract Duration 4.1 Basically, the contract ends with the receipt of the delivery by the customer. For contracts for recurring services at the end of a calendar year, after the expiry of the first contract year also on June 30, observing a one-month notice period, whereby notice can be given by either contracting party.

5. Damages and Warranty 5.1. For damages resulting from culpable breach of contract, Silbermund Verlag is only liable for intent or gross negligence in the case of its own fault or that of a vicarious agent. This does not apply to personal injury. 5.2. Silbermund Verlag has created and checked its services with the greatest possible care. It will regularly revise and supplement these products. Despite high care, Silbermund Verlag cannot exclude errors in the services. 5.3. Damages and defects must be reported to Silbermund Verlag without undue delay immediately after receipt of the service (delivery). 5.4. Silbermund Verlag remains the owner of the sent goods until full payment is made.

6. Right of Withdrawal 6.1. The customer has the right to withdraw from this contract within fourteen days without giving any reason. 6.2 This withdrawal period begins on the day on which the customer or a third party designated by them, who is not the carrier, has taken possession of the goods. To exercise the right of withdrawal, the customer must inform Silbermund Verlag of their decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post, fax, or e-mail). To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. 6.3 The customer bears the direct costs of returning the goods. 6.4 In the event of a valid withdrawal, Silbermund Verlag must generally refund all payments received from the customer (including standard delivery costs) within fourteen days of receiving the notice of withdrawal. However, Silbermund Verlag explicitly exercises its statutory right of retention: The refund will be withheld until Silbermund Verlag has physically received the goods back or the customer has provided clear evidence that they have returned the goods, whichever is the earlier. The determination of any loss in value of the returned goods is governed by point 6.5. 6.5. The customer is 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. Merely picking up the item for inspection (as would be possible in a retail shop) does not constitute a loss in value. A massive loss in value (compensation for value), which Silbermund Verlag will deduct from the refund (up to 100% of the purchase price), mandatorily arises if the goods are used, unpacked, or damaged beyond this mere inspection. This explicitly applies to all product categories of the publishing house:

  • Books: Use beyond merely opening them (e.g., read, creased spine, dog-ears, stains).

  • Cuddly friends/plush figures: Removed labels, opened protective packaging, odors, animal hair, or any signs of contact/use that make classification as hygienic new goods impossible.

  • Stationery (notepads, postcards, bookmarks): Markings/writing, detached pages, creases, or removed protective films.

  • Accessories (shoppers, mousepads): Signs of wear and tear from everyday use, stains, or removed labels.

7. Telephone and E-Mail Contact 7.1 The customer agrees that Silbermund Verlag and its vicarious agents determine, store, process, and otherwise use their personal data such as first name, last name, zip code, address, telephone number, fax number, e-mail address, internet address, date of birth, and, if applicable, bank details for the purposes of concluding and processing the contractual relationship (Article 6 Para 1 lit. a and b GDPR) as well as for its own advertising purposes in an automated manner and sends them electronic mail for advertising purposes. 7.2. The customer can revoke this consent at any time by e-mail to office[at]silbermund.com.

8. Granting of Rights, Copyright 8.1. Upon payment of the full purchase price, the customer receives the non-exclusive right to use content for their own purposes. The contractual partner is not entitled to pass on content to third parties, even if this is done free of charge (copyright of Silbermund Verlag). Silbermund Verlag retains all other exploitation rights to the content. The sole copyright always remains with Silbermund Verlag. All rights reserved. 8.2. In the event of a violation of rights of use, Silbermund Verlag reserves the right to assert all claims to which it is entitled, in particular under the Copyright Act.

9. Warranty and Liability Provisions 9.1 Liability for any defects in the purchased item is governed by the applicable statutory warranty provisions (in particular the Consumer Warranty Act - VGG). In any case, Silbermund Verlag is initially entitled to establish a defect-free condition (replacement or improvement). A claim for price reduction or termination of the contract can only be requested after a reasonable period for improvement has expired without success. The return of the actually defective goods for the purpose of replacement is at the expense of Silbermund Verlag. If, however, after checking the returned goods, it turns out that there is no justified warranty case (e.g., defect due to improper use or the customer's own fault), the customer must bear the costs for the return shipment as well as for any new shipment back to them. For claims going beyond this, in particular for claims for damages of any kind (consequential damages), including lost profit, or damages caused by delay, Silbermund Verlag is only liable in the case of intent or gross negligence. 9.2. Silbermund Verlag is also not liable for a specific content of the purchased item, in particular the formal or material correctness and legality of the statements contained in texts. 9.3. This exclusion of liability also applies – unless legally mandatory otherwise – to any liability under the Product Liability Act (PHG) as well as to claims against employees, workers, organs, or vicarious agents of Silbermund Verlag. 9.4. Silbermund Verlag accepts no liability for technical disruptions in the operation of the web shop or the website. It also reserves the right to discontinue operations at any time; however, this is without prejudice to the proper processing of contracts already concluded.

10. Final Provisions 10.1. The place of performance for all services arising from this contract is Graz. 10.2. Austrian law applies exclusively to legal disputes arising from this contract. The application of the UN Convention on Contracts for the International Sale of Goods, the reference standards of the IPRG, and Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded. 10.3. Changes or additions to these GTC must be made in writing to be effective. This also applies to any waiver of the written form requirement. 10.4. Online Dispute Resolution: The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to settle their disputes. However, we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Status 2026