General Terms and Conditions

General Terms and Conditions of Sale and Delivery
for the sale of books and other printed publications via the website www.raphaelnagel.com.

Version: May 2026.

§ 1 Scope of Application and Contracting Party

(1) These General Terms and Conditions of Sale and Delivery (hereinafter “GTC”) shall apply to all contracts concluded between Tactical Management Germany GmbH and the customer relating to the sale of books and other printed publications offered via the website www.raphaelnagel.com(hereinafter the “Website”).

(2) The customer’s contracting party is exclusively:

Tactical Management Germany GmbH
Munich, Germany
Legal form: Limited liability company (Gesellschaft mit beschränkter Haftung – GmbH)
Registration court: Local Court of Munich (Amtsgericht München)
Commercial register number: HRB 298584
Authorised managing director: Dr. Tillmann Lauk (LL.M.)
(hereinafter the “Seller”)

(3) The presentation of the author Dr. Raphael Nagel and of any further authors on the Website serves exclusively to present the published works. No contractual relationships with the persons depicted arise from the display of content, profiles or works on the Website. All purchase contracts are concluded exclusively with the Seller.

(4) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which are predominantly outside their trade, business or profession (Section 13 of the German Civil Code – BGB). An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession (Section 14 BGB).

(5) Any deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that the Seller has expressly agreed to their applicability in writing.

§ 2 Conclusion of the Contract

(1) The presentation of products on the Website does not constitute a legally binding offer, but rather a non-binding invitation to the customer to submit an offer (invitatio ad offerendum).

(2) The customer may select products from the Seller’s assortment and add them to a virtual shopping basket via the “Add to basket” button. By clicking the “Order subject to payment” button, the customer submits a binding offer to purchase the goods contained in the shopping basket. Before submitting the order, the customer may review and amend the data entered at any time.

(3) The Seller will confirm receipt of the customer’s order without undue delay by e-mail. This confirmation of receipt does not yet constitute acceptance of the contractual offer; it merely documents that the order has been received by the Seller.

(4) The contract is concluded as soon as the Seller accepts the customer’s offer by issuing an express order confirmation or by dispatching or handing over the ordered goods, whichever occurs first.

(5) The contractual language is exclusively German. The contract text will be stored by the Seller after conclusion of the contract; however, it will no longer be accessible to the customer once the contract has been concluded. The customer may view, print and save these GTC at any time on a durable medium at www.raphaelnagel.com.

§ 3 Prices, Shipping Costs, Fixed Book Pricing

(1) All prices stated on the Website are final prices in euros and include the applicable statutory value added tax. They are exclusive of any shipping costs incurred.

(2) The German Fixed Book Price Act (Buchpreisbindungsgesetz – BuchPrG) applies to price-fixed books. The end-customer prices stated for price-fixed titles are binding accordingly.

(3) Shipping costs incurred will be communicated clearly to the customer during the order process before the customer places a binding order, and are payable in addition to the purchase price.

§ 4 Payment Terms

(1) Payment of the purchase price including shipping costs is made via the payment methods offered and available for the relevant order, as selected by the customer during the order process.

(2) The purchase price becomes due upon conclusion of the contract. The customer may only set off claims against the Seller with claims that are undisputed or have been established by a final court decision.

(3) If the customer is in default of payment, the Seller is entitled to demand default interest at the statutory rate. The right to claim further damages caused by the default remains reserved.

§ 5 Delivery, Delivery Times, Delivery Restrictions

(1) Delivery is made to the delivery address specified by the customer. As a rule, deliveries are made to addresses within the Federal Republic of Germany. Deliveries to other countries are only possible if expressly offered during the order process.

(2) Unless a different delivery period is stated in the offer, the delivery time within Germany is generally three (3) to seven (7) business days from conclusion of the contract. In the case of advance payment, the delivery period begins one day after the payment instruction has been issued to the transferring credit institution; for other payment methods, it begins one day after conclusion of the contract.

(3) If the Seller is unable to deliver the ordered goods through no fault of its own because a supplier has failed to fulfil its contractual obligations (subject to a congruent hedging transaction), the Seller is entitled to withdraw from the contract. In such a case, the customer will be informed without undue delay that the ordered goods are not available. Any payments already made will be refunded without undue delay.

(4) If, after conclusion of the contract, it transpires that the delivery address provided by the customer cannot be reached for reasons attributable to the customer, the customer shall bear any additional costs incurred as a result.

(5) In the case of consumer sales, the risk of accidental loss and accidental deterioration of the goods only passes to the customer upon delivery of the goods. In the case of entrepreneurs, the risk passes to the customer as soon as the goods are handed over to the carrier.

§ 6 Retention of Title

The delivered goods remain the property of the Seller until full payment of the purchase price has been received.

§ 7 Right of Withdrawal for Consumers

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession:

Instructions on Withdrawal

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period shall expire fourteen days from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the goods. In the case of a contract relating to multiple goods ordered in one order and delivered separately, the period shall expire fourteen days from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the last item.

To exercise the right of withdrawal, you must inform us (Tactical Management Germany GmbH, Munich, Germany) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

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

Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will have to bear the direct cost of returning the goods.

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.

End of the instructions on withdrawal.

§ 8 Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Tactical Management Germany GmbH, Munich, Germany.

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
___________________________________________________________________

Ordered on (*) / received on (*): _____________________________________
Name of consumer(s): __________________________________________________
Address of consumer(s): _______________________________________________
Signature of consumer(s) (only if this form is notified on paper): _____________________________________
Date: __________________

(*) Delete as appropriate.

§ 9 Warranty and Liability for Defects

(1) The statutory provisions on liability for defects shall apply. In the case of consumer sales, the limitation period for claims based on defects is two (2) years from delivery of the goods.

(2) In the event of defects in the delivered goods, the customer is entitled, at their option, to demand subsequent performance either by remedying the defect or by delivery of goods free from defects. If the subsequent performance fails or if the Seller refuses subsequent performance, the customer may, in accordance with the statutory provisions, withdraw from the contract, reduce the purchase price or claim damages or reimbursement of expenses.

(3) Obvious defects must be notified to the Seller within a reasonable period after they are identified. In the case of consumer sales, failure to give such notice shall not have any consequences for the customer’s rights, without prejudice to the Seller’s right to conduct its own investigations.

§ 10 Liability

(1) The Seller shall be liable without limitation for damages arising from injury to life, body or health that are based on a negligent or wilful breach of duty by the Seller, its legal representatives or vicarious agents, as well as for damages covered by liability under the German Product Liability Act (Produkthaftungsgesetz), and for all damages based on wilful or grossly negligent breaches of contract or fraudulent conduct of the Seller, its legal representatives or vicarious agents.

(2) The Seller shall further be liable for damages caused by simple negligence, to the extent that such negligence relates to the breach of contractual duties whose performance is essential for the proper execution of the contract and on whose observance the customer regularly relies (cardinal obligations). In such a case, however, liability is limited to foreseeable damage typical for this type of contract.

(3) Any further liability of the Seller is excluded.

§ 11 Data Protection

The collection, processing and use of the customer’s personal data is carried out in compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). Further details are set out in the separate privacy policy available on the Website.

§ 12 Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – VSBG).

§ 13 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not thereby withdrawn.

(2) The place of performance for all services arising from the business relationships with the Seller, as well as the place of jurisdiction, shall be the registered seat of the Seller in Munich, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer has no general place of jurisdiction in Germany or in the European Union, or if their domicile or habitual residence is unknown at the time the action is brought. The Seller’s right to bring proceedings before any other competent court provided for by law remains unaffected.

(3) Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. The relevant statutory provision shall apply in place of the invalid provision.

Tactical Management Germany GmbH · Munich