General Terms and Conditions – Общие условия заключения торговых сделок
1. Scope of application
Customers within the meaning of these General Terms and Conditions of Business are private individuals (end customers pursuant to the Book Price Fixing Law - Buchpreisbindungsgesetz). Orders, deliveries and other services performed by the Publisher shall be carried out solely on the basis of the following General Terms and Conditions of Sale and Payment, which the Customer accepts by placing an order or accepting delivery of the goods. We shall not accept provisions in derogation of these terms unless they have been confirmed by the Publisher in writing.
2. Conclusion of the contract
The contract of sale concerning the book(s) selected by the Customer shall be concluded when the Publisher accepts the order by notification of delivery or by delivery of the goods. Confirmation of receipt of the order shall not constitute the conclusion of a contract.
3. Right of revocation
Customers may return the goods without stating reasons within two weeks after receipt of said goods. In lieu of a return consignment, the contract may also be revoked in writing. However, if the Customer is responsible for the goods being damaged or destroyed or if he or she is otherwise responsible for the goods not being able to be returned, he or she shall reimburse the Publisher for the depreciation or the value of the received goods. In addition, the Customer shall bear the costs of the return consignment unless the order amount exceeds EUR 40. However, this shall not apply if the goods delivered were not the ones that were ordered.
Notification of revocation should be addressed to: Scientia Bonnensis, Immenburgstr. 20, 53121 Bonn, Germany.
4. Terms of delivery
Books supplied by the Publisher shall be delivered on the Customer's account from the place of consignment. Postage, packaging and processing costs shall be charged separately. The Publisher reserves the right to require advance payment before delivering goods.
The place of performance is the Publisher's distributing warehouse. Details concerning delivery dates shall not be binding unless, in exceptional cases, a binding guarantee of the delivery date has been given.
The Publisher shall be entitled to make part deliveries.
5. Warranty
In the event that the goods delivered to the Customer have any defects covered by guarantee, the Customer (the buyer) can at his or her own option either demand that the defects be rectified or a replacement be provided.
In the event that the Publisher seriously and definitely refuses to perform the agreement or that rectification of the defect or provision of a replacement is unsuccessful, or if the Customer cannot reasonably be expected to accept it or if the Publisher refuses to do so on account of unreasonable costs pursuant to s. 439(3) of the German Civil Code (Bürgerliches Gesetzbuch, BGB), then the Customer shall be entitled at his or her own option in accordance with the legal provisions to terminate the contract, reduce the purchase price or claim compensation for damages (or, if appropriate, reimbursement of expenditure).
The limitation period for guarantee claims relating to the consignment shall be two years from the time of delivery.
6. Liability
The Publisher shall be liable without limitation to pay compensation for damages caused to body, life or health, for wilful or grossly negligent damage caused by the Publisher or persons employed to perform its obligation, and, if the Publisher has provided a guarantee concerning the particular quality of the goods, the ability to procure them or any other guarantee, for damages arising from the non-fulfilment of said guarantee, and in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz) or any other mandatory statutory provisions on liability.
In the case of ordinary negligence causing the violation of essential duties arising from the contract, the Publisher shall be liable up to a maximum of the amount foreseeable for this kind of contract, which shall as a rule not exceed the purchase price of the ordered goods.
The Publisher shall accept no further liability.
The aforementioned provisions shall apply to all claims for compensation, for whatever legal cause, particularly to liability for torts.
7. Terms of payment
The purchase price shall be due upon receipt of the goods unless any other agreement has been made. Payment is requested to be made using the remittance order enclosed with the consignment. Payments made in foreign currencies shall be accepted at the current rate of exchange.
The Publisher shall be entitled to cancel the agreement if the Customer is in default of payment. In the event that the Customer is in default of payment, the Publisher shall be entitled to charge default interest of 5% above the basic interest rate of the European Central Bank unless a lower level of damage can be demonstrated.
Even without a reminder being sent, the Customer shall be in default of payment if he or she has not settled the invoice within 14 days of receipt of said invoice. The Customer shall be notified of this separately on the invoice.
8. Reservation of title
Pursuant to s. 455 of the German Civil Code, the Publisher reserves the title to deliveries made by the Publisher. The delivered goods shall remain the property of the Publisher until all existing principal and subsidiary claims arising from past and future deliveries have been settled. In the event of resale, the claim thus arising shall take the place of the goods; it shall be assigned to the Publisher in advance as security for the Publisher's claim. The Publisher accepts this assignment.
In the event that the dealer includes the claims arising from the resale of the goods to which title is reserved in a current account relationship with a third party, the periodic balance acknowledged in each case after the balancing of accounts of the individual current account claims shall be deemed to have been assigned to the Publisher, as shall the final balance upon termination of the current account relationship if this balance is transferred to the current account. The Publisher also hereby accepts this assignment.
In the event that claims on the part of the Publisher are included in an existing current account relationship with the Customer, the agreed reservation of title shall be deemed as security for the balance due to the Publisher. The Customer is obliged to notify the Publisher without delay if the goods to which title is reserved or the claims resulting from the resale of the goods are transferred to a third party.
9. Data protection
The personal data provided by the Customer at the beginning of, or during the course of, business dealings shall be processed and, in particular, stored in compliance with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz).
The Customer is entitled to have his or her personal data deleted or corrected at any time. Personal data shall not be passed on to third parties. In order to process and carry out orders as quickly as possible, the Publisher requires the following data: complete name, e-mail address, telephone number, delivery address and, if a direct debit is used, the Customer's bank sort code and account number.
We require the Customer's e-mail address and telephone number in order to update the Customer on the status of his or her order and to contact him or her if there are any difficulties with the consignment. The Customer should notify the Publisher in writing if he or she wishes his or her personal data to be deleted or altered.
10. Miscellaneous
The agreement shall be governed by German law, without recourse to the UN Convention on Contracts for the International Sale of Goods, even if the Customer places an order from abroad or if goods are delivered to an address outside Germany. If the Customer's legal domicile or usual place of residence is outside Germany, the place of jurisdiction for any claims arising from the order shall be Berlin. The Publisher shall also be entitled to bring an action at the general place of jurisdiction. In the event of a dispute before a court of law, the address for summons is: Scientia Bonnensis, Alfredo Pinto Escoval, Tibor Haunit, Boris Keller GbR, Immenburgstr. 20, 53121 Bonn, Germany.
The Customer shall only be entitled to offset or reduce the purchase price if his or her counter-claims have been finally and conclusively established or if the Publisher has acknowledged said claims in writing. The Customer shall only be entitled to withhold payment if the claims arise from the same contractual relationship.
In the event that one or several of these terms of business are invalid wholly or in part, this shall not affect the validity of the remaining provisions.
Date: 01. February 2008
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