- Order
Orders are seen as accepted, if either
- an individual
confirmation of an order is given, or
- a delivery
has been sent to the customer, or
- the invoice
has been sent to the customer. The orders are executed to the
prices, which were valid at the receipt of the order.
- Delivery
The delivery takes place at the expense and the risk of the customer.
It is to be veryfied for its accordance with the regulations immediately
after the receipt. In principle the delivery takes place according
to firm buy. For the delivery on commission, individual agreements
are necessary.
- Complaint
Complaints have to be communicated in written form to the publishing
house immediately after the receipt of the delivery. The publishing
house reserves the right for itself to recognize and to entitle
the complaint to the customer. It is in the customer's interest
to identify damages in transit immediately in the presence of the
supplier and communicate them to the carrier in order to handle
the claims. As the delivery, on behalf of paragraph 2, takes only
place at the risk of the customer, the publishing house is liable
neither for loss nor for damages in transit. Nevertheless, the publishing
house is obliged to transfer its own eventual claims against carriers,
shipping contractors, the post office, the railway company or others
to the customer.
- Reservation
of Ownership
All deliveries of our published products take place with a reservation
of ownership on the following conditions:
- The delivered
article stays our property until all demands, no matter what
kind of demands, which resulted or will result out of our business
connection with the customer, are completely payed, even in
case that single or all demands are taken into a current account,
and until a balance is established and accepted.
- The customer
has the right to resell the delivered product in a conduct of
business according to the rules; he has to reserve for himself
the property of the product via his customers until the purchase
price is fully payed.
- All claims
of the customer, that result out of the resale of the rescue
property are transferred hereby and now to the publishing house
as an assignment for security. If the customer takes these transferred
claims into mutual accounts, the mutual claim, or rather the
balance, that is accepted after its net debit with credit balances,
has to be transferred with its complete amount to the publishing
house. Hereby, the publishing house accepts this transferring
of current and future claims.
- The customer
has the right to withhold the transferred demands, as long as
he meets his duty to pay as per contract via the publishing
house. The customer has to inform the publishing house immediately
about the access of a third party to the reservation product
or the demand, that has been transferred to the publishing house
and that resulted out of the resale. The customer has to inform
the publishing house on demand about the obligers of the transferred
demand and about the precise amount of the demand. In principle,
the publishing house has the right to disclose the transferring
and to collect the demand itself. As a rule, the publishing
house will not make any use of this right, as long as the customer
is not behind with a payment.
- After
the complete payment of all the demands of the publishing house
that result out of the business connection, the property of
the reservation product becomes easily the property of the customer.
As long as the reservation of ownership and the demands resulting
out of transferrings exceed the open demands of the publishing
house by more than 25 %, the publishing house will
unblock of its own choice the exceeding charging lien on demand
and after a corresponding specification.
- Prices
The prices are calculated in the currency of the Federal Republic
of Germany (euro). They are valid ex delivery. The publishing house
reserves itself the right to charge the customer for a reasonable
amount of the packaging and the delivery charges.
The publishing house grants a discount of 25% on delivery to the
book trade in the Federal Republic of Germany and a discount of
20% to the foreign book trade, apart from that it grants a free
exemplary of the ordered product, if the customer buys at least
ten books. When the articles are delivered to the customer in the
Federal Republic of Germany, the addressee is obliged to proceed
along the regulations of the collectible declaration. Middlemen
have to engage their customers accordingly. If there are contraventions,
the publishing house has the right to stop the further supplying
of the company. If the publishing house has doubts about the meeting
of the retail prices, it has the right not to accept the order and
to ignore deliveries.
- Payment
If not agreed otherwise, the amount of the invoice is immediately
due on net basis in the currency of the Federal Republic of Germany
(euro). It is necessary to indicate the complete invoice number
and the complete customer reference number during the payment. A
deduction of discounts, no matter in which amount, willin no case
be accepted. If the parties have agreed upon monthly discounts,
the payment has to be fulfilled until the 15th of the following
month. Cheques are only taken on behalf of payment, exchanges only
on the basis of a former agreement and also only on behalf of payment.
The customer is charged with further discount-expenses and other
expenses that are to be payed and are payable immediately. If there
is a delay of payment, the publishing house has the right to demand
interests on arrears at the amount of 5% above the lending interest
rate of the central bank from the settlement date of the demand.
The publishing house has the right to
- execute
deliveries per second name or against payment in advance,
- exclude
the slow debtor from further deliveries,
- dissolve
the business connection for other important reasons, that are
substantial to it.
- Right of Return
The return by customers is only possible on the basis of the right
of return and within the fixed return time. The return is only accepted
when the exemplaries are in an excellent, resaleable state. The
return can only take place via the publishing house after the announcement
of a return advice-note. While returning the product(s), it is necessary
to indicate the complete customer reference number and the
belonging invoice number, with which the delivery has been sent
to the customer. If the delivery of our publishing house products
is »qualified«, their invoice will be calculated and payable on
the fixed dates. For this, a special calculation mode is valid.
The publishing house reserves itself the right to deduce a percentage
of the credited amount for the according retail price for returned
exemplaries that either are damaged or for whose title the right
of return is exceeded, but maximal up to the amount of the invoice.
The return takes place at the expense and the risk of the customer
Private customer have powers of revocation in accordance with the
Fernabsatzrecht (sales via means
of telecommunication) (§ 312 BGB a.o.).
Up to an value of the return of 40 euros, private customers are
obliged to pay the return costs and send the product(s) back at
their own risk. if the product-price is higher, they are obliged
to choose the least expensive way for sending the product(s) back
(in general this is the book post). The publishing house reserves
itself the right to deduce an according percentage of the credited
amount for the according retail price for returned exemplaries that
are returned damaged, maximal up to the amount of the invoice.
- Supplementary
Regulations
Place of performance of the financial commitment of the customer
and legal venue for both parties is Saarbruecken as the head office
of the publishing house. Hereby, this agreement about the legal
venue takes place according to § 38 paragraph 1 ZPO and according
to § 38 paragraph 3 No. 2 b ZPO in case, demands
are asserted by judgement note.
If one of the regulations of these standard terms and conditions
becomes partly or in whole ineffective, the validity of the other
regulations is not influenced by it. Different regulations have
to be accepted in explicitly written form.
last updated
01/01/2009
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BGB
= the german civil code
ZPO = the german Code of Civil Procedure
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