Terms of Business

Valid as of March 19th, 2004

Applicability All offers, deliveries and services are based exclusively on these Terms of Business. These shall be applicable to all current and future business transactions and relationships with the customer even where these terms are not expressly indicated and agreed upon.  By sending an order to us, the customer declares himself agreed with our Terms of Business as set forth herein.  
Pricing The pricing of the books of German and international publishers are normally determined by the publishers and are subject to price fixing.  Discounts and rebates that are not stated on the invoice cannot be granted. The pricing of imported literature is calculated on the basis of the publisher's costs and the exchange rate on the day the item was received by us plus the applicable value added tax.  All price statements are subject to changes and errors.
Freight costs The freight costs to be invoiced depend on the current freight rates for the selected mode of shipment, i.e. surface or air mail. Additional freight costs can occur in individual cases.
Delivery The delivery risk shall pass to the purchaser as soon as the shipment is handed to the carrier. Complaints about transport damages are to be stated to the carrier in charge of the shipment. Returns without express consent from the Publisher are not permitted and not acknowledged.
Right of cancellation
The purchaser shall not be bound by his order if it is cancelled within two weeks from the receipt of the articles. The cancellation must be stated in writing. The returning of the delivered articles within two weeks shall have the same effect as a cancellation. Books that are subject to special edition and distribution agreements are exempt from this clause.
Complaints Complaints must be indicated to us in writing without delay or at the latest within one week. A statement of transport damages must be confirmed by the carrier in charge. As we do not accept any responsibility for transport damages - as we stated above - we reserve the right to assign our claims against the carrier to the customer. The customer is obliged to inspect the consignment and to state any damages that may be found also if the customer is not a merchant. Our liability shall be limited to intent or, in case of gross negligence, to direct damages not including losses in sales or consequential damages.
Payment The invoices are to be paid immediately on receipt without deduction. In case of delayed payment we shall be entitled to add interest to the invoiced amount in the amount of normal bank overdraft rates, per month for every month commenced. We are entitled to use any payment received for the clearance of the oldest unpaid amount due.
Delay of payment If the purchaser fails to meet his payment obligations, we shall be entitled to claim all oustanding amounts to become due without delay.
Reservation of proprietary rights
The delivered articles shall remain to be our property until all claims are paid in full that may arise for any legal reason now or in the future. In case of resale the resulting claims shall be ceded to us in advance with all adhering rights. The purchaser shall be obliged to disclose these claims with copies of the invoices. In case of delay of payment we shall be entitled to have the acticles concerned returned to us without delay.
Personal data We declare that we do not forward any personal data received and stored by us to third parties.
Place of performance and legal venue
The place of performance and legal venue for both parties hereunder shall be Seligenstadt, Germany. German law shall be applicable to any litigation that may result from purchase orders and related business with the customer.
Miscellaneous If one or several of the clauses herein should be invalid, the validity of the other clauses shall not be affected. Any provision differing from the above clauses must be expressly agreed in writing to become valid.