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General Terms and Conditions including Information of the Right to Cancel as well as Mandatory Information in Accordance with the Act on Regulation of E-Commerce (Teledienstgesetz)
You may download these General Terms and Conditions in PDF file format at the end of this text.
This English translation of our general terms and conditions is provided as a courtesy only. In case of conflict of these versions, the German original shall prevail.
I. Ordering Volumes of "Staudinger"
The sale and delivery of volumes from "J. von Staudingers Kommantar zum Bürgerlichen Gesetzbuch mit Einführungsgesetz und Nebengesetzen" is handled by Walter de Gruyter GmbH & Co. KG. The general terms and conditions of Walter de Gruyter as well as their shipping costs apply.
Address
OHG Dr. Arthur L. Sellier & Co. KG Wissenschaftliches Verlagskontor/Walter de Gruyter GmbH & Co. KG (Sellier/de Gruyter)
Genthiner Str. 13, 10785 Berlin (Germany)
Company Register: Amtsgericht Charlottenburg, HRA 3937 B
VAT-IDNo.: DE 136 320 755
II. sellier. european law publishers - General Terms and Conditions for the Sale of Goods
Our Address
sellier. european law publishers GmbH
Geibelstraße 8
81679 München (Germany)
tel +49-(0)89-451 084 58-0
fax +49-(0)89-451 084 58-9
info(at)sellier.de
http://www.sellier.de
Managing Director: Patrick Sellier
Company Register: Amtsgericht München, HRB 131351
VAT-IDNo.: DE 208 209 660
Introductory Remark
These general terms and conditions apply to any and all sales contracts (books, journals, CD-ROM etc.) with sellier. european law publishers GmbH. For the sale of software (CD-ROM, download of computer software) additional conditions apply.
In case delivery should be effected by third companies the delivery and payment terms of that third party will apply:
a) Delivery by Südost Verlags Service (SVS). According to the delivery contract between sellier. european law publishers and SVS, the deliveries are made in the name and for the account of SVS. But, the terms and conditions mentioned here will apply nonetheless.
b) Delivery to customers in the United States of America and Canada by International Specialised Book Services (ISBS). In this case the contract is concluded between the customer and ISBS, the relevant conditions may be accessed or requested here.
Conclusion of Contract
Your contract with us is concluded by us delivering your order and the goods reaching you or the receiver, as case may be. The order confirmation is generated automatically and does not constitute an acceptance of your order.
Delivery
The obligation to deliver is under the precondition that the goods are available. Should the work ordered not have been published yet, your order will be pre-booked whenever possible. Should a book be out of print, you have the choice to cancel your order or to be pre-booked for a reprint or a new edition, should such be published. In any case you will be informed immediately about the unavailability of the article.
Fixed delivery dates for new publications and new editions will not be given. Deliveries will only be made at fixed costs. Starting from a purchase order value of 30 EUR we supply world-wide free of postage. Otherwise we will invoice shipping costs after size and weight of the transmission. The shipping costs for journal subscriptions are included in the subscription price. A service charge will apply if we deliver directly to a customer in request of a book vendor.
The delivery of downloadable software will be effected immediately after ordering: You will receive an e-mail containing the order confirmation as well as a link via which you may attempt a download of the data to your computer three times.
Prices, Discounts
The prices quoted by the publisher are - unless marked as non-binding - binding in the sense of the German Act on Book Prices. All prices include the applicable VAT, unless indicated otherwise. Prices may change between receipt of the order and delivery of the goods.
Only book vendors may claim discounts. The usual discount is 25 percent, exceptions apply.
Payment
All invoices will be in Euro. All payment in foreign currencies will be credited on the basis of the bank buying rate applicable on the date of receipt of payment. Payments are due within 30 days of the invoice date unless otherwise stated on the invoice. You may pay via bank transfer, direct debiting or by credit card (VISA, Mastercard).
Retention of Title
The publisher retains full title in the goods delivered until the contract price was paid in full.
Periodicals: Trial Subscription and Cancellation Period
Unless you inform us within 14 days after receipt of the free copy of a periodical in the course of a trial subscription that you do no longer want to receive the journal, you will receive that journal on the basis of a regular subscription at the normal price until such time the subscription is cancelled. The annual subscription is renewed for a further year if it is not cancelled six weeks before the end of a year.
End-Customer`s Right to Return and Cancel
You may, without giving any reasons, cancel your order within two weeks in written form (e.g. letter, fax or e-mail) or by returning the goods to us. This two weeks period commences on the day the goods are received by you, in case of recurrent deliveries of congeneric goods (namely journal subscriptions) on the date of receipt of the first partial delivery. To comply with the time limit it is sufficient to timely dispatch the cancellation (date of postmark) to sellier. european law publishers, Geibelstraße 8, 81679 München, Germany, to info(at)sellier.de or return the goods to sellier. european law publishers, c/o Südost Verlags Service, Am Steinfeld 4, 94065 Waldkirchen, Germany. In case of cancellation in writing the customer is obliged to forthwith return the goods. Should payments have been effected, these will be returned by us.
In case of cancellation we retain the right to claim for damages should the goods have deteriorated, if such deterioration goes beyond the extend necessary for you to examine the goods.
In case of returning goods whose value is up to 40 Euro you will have to bear the costs of returning the goods to us, if the goods conformed to the contract. In other cases the returning of goods is free of costs to you.
The right of cancellation for delivery of software is null and void if you have opened the packaging or if you received an eBook by download or by E-Mail.
Warranty/Liability
Complains regarding the delivery of goods are to be addressed in writing to sellier. european law publishers GmbH immediately. Other complaints or obvious defects are to be notified within a month of receipt of the goods. You may demand elimination of the defects or delivery of substitute goods within the statutory warranty period.
In as far as we are unwilling or unable to remedy the defect in the goods, or to deliver a substitute or in case such delivery or substitution fails, the customer by its sole discretion may choose to avoid the contract or to demand a reduction of the price.
Further claims of the customer, namely claims for damages for delayed or omitted delivery, are excluded. This does not apply insofar as the cause of the loss is based in wilfulness misconduct or gross negligence to be attributed to us.
Data Protection and Privacy
The personal data collected to handle an order will be treated as strictly confidential. The publisher warrants that these data will generally not be passed on to third parties. An exception exists only regarding a passing on of such data to the delivery company of Südost Verlags Service SVS who require this data to handle the order. In such a case SVS will not pass on the data to third persons. All further regulations regarding data protection will strictly be adhered to. Further information regarding our data protection measures can be accessed here.
Place of Performance and Jurisdiction
For all rights and obligations out of or in connection with this contract Munich, Germany, is the place of performance. For contracts with other companies the place of jurisdiction is the seat of the publisher. For all other customers this place of jurisdiction applies to the judicial dunning procedure.
German law applies. For international sales contracts the CISG (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980) applies.
Please address complaints, cancellations to the following address: sellier. european law publishers, Geibelstraße 8, 81679 München (Germany) info(at)sellier.de
Please return goods together wit a copy of the invoice to the following address: sellier. european law publishers, c/o Südost Verlags Service, Am Steinfeld 4, 94065 Waldkirchen (Germany)
Last update: January 2008
III. Software licence terms
Introduction
These licence terms complement the general terms and conditions for the sale of goods.
Granting Right to Use
Upon conclusion of the contract for the delivery/download of software the customer is granted the non-transferable non-exclusive right to use the relevant software to the extent describe below. All rights of usage which are not explicitly listed below remain with the sellier. european law publishers GmbH.
Scope of Rights
Upon delivery the customer is granted the right to use the delivered software on one computer of his choosing appropriate for this purpose.
The customer undertakes to only use the program for his own purposes and to not make it available to third parties neither for free nor for reimbursements. The software may only be used by one person on one computer but not at the same time on two or more computers regardless of whether or not the software is used by the same or by different persons at the same time.
Should the contract be for a number of licences the customer is entitled to use the software in accordance with the contractual terms at any time on one or more computers with more than one person at the same time.
The customer is not entitled to produce copies of the software unless these copies are made for backup purposes and are only used for these purposes. The customer may not reproduce parts of the software, pictures, handbooks, accompanying text as well as the documentation of the software by means of photocopying, micro copying or electronic storage; nor may he resale, hire, give sublicenses to third parties nor make in other ways available the software and/or the relevant documentation to third parties. The customer is not entitled to modify, change, adapt or decompile the software and all the relevant documentation whole or in part insofar as this goes beyond the limitations of s.s. 69d Abs. 3, 69e UrhG (German Copyright Act). Further, the customer may not change copyright marks, trademarks, brands and/or indications of ownership of the publisher attached to the programs and/or the documentation material.
Liability
sellier. european law publishers will only be liable for the loss of other software, data and/or of data storage media or data processing equipment of the customer if the defect of the software, data and/or data storage media delivered to the customer is attributable to wilfulness conduct or gross negligence of a legal representative or servant of sellier. european law publishers. Above and beyond the limitation of liability in the preceding sentence the liability for gross negligence by servants is excluded with regard to contracts with legal entities of public law, special funds under public law as well as business entities in the sense of s. 1 para. 1 German Commercial Code (HGB) (Kaufleute) - regarding the latter only if the sales contract is part of their business dealings in the sense of s. 343 para. 1 German Commercial Code (HGB) -, unless the gross negligence is that of a managerial servant or if cardinal obligations have been violated. The above does not apply to statutory warranty claims for elimination of defect, cancellation or reduction of contract price; however, not for damages.
Last update: January 2008
This English translation of our general terms and conditions is provided as a courtesy only. In case of conflict of these versions, the German original shall prevail.
I. Ordering Volumes of "Staudinger"
The sale and delivery of volumes from "J. von Staudingers Kommantar zum Bürgerlichen Gesetzbuch mit Einführungsgesetz und Nebengesetzen" is handled by Walter de Gruyter GmbH & Co. KG. The general terms and conditions of Walter de Gruyter as well as their shipping costs apply.
Address
OHG Dr. Arthur L. Sellier & Co. KG Wissenschaftliches Verlagskontor/Walter de Gruyter GmbH & Co. KG (Sellier/de Gruyter)
Genthiner Str. 13, 10785 Berlin (Germany)
Company Register: Amtsgericht Charlottenburg, HRA 3937 B
VAT-IDNo.: DE 136 320 755
II. sellier. european law publishers - General Terms and Conditions for the Sale of Goods
Our Address
sellier. european law publishers GmbH
Geibelstraße 8
81679 München (Germany)
tel +49-(0)89-451 084 58-0
fax +49-(0)89-451 084 58-9
info(at)sellier.de
http://www.sellier.de
Managing Director: Patrick Sellier
Company Register: Amtsgericht München, HRB 131351
VAT-IDNo.: DE 208 209 660
Introductory Remark
These general terms and conditions apply to any and all sales contracts (books, journals, CD-ROM etc.) with sellier. european law publishers GmbH. For the sale of software (CD-ROM, download of computer software) additional conditions apply.
In case delivery should be effected by third companies the delivery and payment terms of that third party will apply:
a) Delivery by Südost Verlags Service (SVS). According to the delivery contract between sellier. european law publishers and SVS, the deliveries are made in the name and for the account of SVS. But, the terms and conditions mentioned here will apply nonetheless.
b) Delivery to customers in the United States of America and Canada by International Specialised Book Services (ISBS). In this case the contract is concluded between the customer and ISBS, the relevant conditions may be accessed or requested here.
Conclusion of Contract
Your contract with us is concluded by us delivering your order and the goods reaching you or the receiver, as case may be. The order confirmation is generated automatically and does not constitute an acceptance of your order.
Delivery
The obligation to deliver is under the precondition that the goods are available. Should the work ordered not have been published yet, your order will be pre-booked whenever possible. Should a book be out of print, you have the choice to cancel your order or to be pre-booked for a reprint or a new edition, should such be published. In any case you will be informed immediately about the unavailability of the article.
Fixed delivery dates for new publications and new editions will not be given. Deliveries will only be made at fixed costs. Starting from a purchase order value of 30 EUR we supply world-wide free of postage. Otherwise we will invoice shipping costs after size and weight of the transmission. The shipping costs for journal subscriptions are included in the subscription price. A service charge will apply if we deliver directly to a customer in request of a book vendor.
The delivery of downloadable software will be effected immediately after ordering: You will receive an e-mail containing the order confirmation as well as a link via which you may attempt a download of the data to your computer three times.
Prices, Discounts
The prices quoted by the publisher are - unless marked as non-binding - binding in the sense of the German Act on Book Prices. All prices include the applicable VAT, unless indicated otherwise. Prices may change between receipt of the order and delivery of the goods.
Only book vendors may claim discounts. The usual discount is 25 percent, exceptions apply.
Payment
All invoices will be in Euro. All payment in foreign currencies will be credited on the basis of the bank buying rate applicable on the date of receipt of payment. Payments are due within 30 days of the invoice date unless otherwise stated on the invoice. You may pay via bank transfer, direct debiting or by credit card (VISA, Mastercard).
Retention of Title
The publisher retains full title in the goods delivered until the contract price was paid in full.
Periodicals: Trial Subscription and Cancellation Period
Unless you inform us within 14 days after receipt of the free copy of a periodical in the course of a trial subscription that you do no longer want to receive the journal, you will receive that journal on the basis of a regular subscription at the normal price until such time the subscription is cancelled. The annual subscription is renewed for a further year if it is not cancelled six weeks before the end of a year.
End-Customer`s Right to Return and Cancel
You may, without giving any reasons, cancel your order within two weeks in written form (e.g. letter, fax or e-mail) or by returning the goods to us. This two weeks period commences on the day the goods are received by you, in case of recurrent deliveries of congeneric goods (namely journal subscriptions) on the date of receipt of the first partial delivery. To comply with the time limit it is sufficient to timely dispatch the cancellation (date of postmark) to sellier. european law publishers, Geibelstraße 8, 81679 München, Germany, to info(at)sellier.de or return the goods to sellier. european law publishers, c/o Südost Verlags Service, Am Steinfeld 4, 94065 Waldkirchen, Germany. In case of cancellation in writing the customer is obliged to forthwith return the goods. Should payments have been effected, these will be returned by us.
In case of cancellation we retain the right to claim for damages should the goods have deteriorated, if such deterioration goes beyond the extend necessary for you to examine the goods.
In case of returning goods whose value is up to 40 Euro you will have to bear the costs of returning the goods to us, if the goods conformed to the contract. In other cases the returning of goods is free of costs to you.
The right of cancellation for delivery of software is null and void if you have opened the packaging or if you received an eBook by download or by E-Mail.
Warranty/Liability
Complains regarding the delivery of goods are to be addressed in writing to sellier. european law publishers GmbH immediately. Other complaints or obvious defects are to be notified within a month of receipt of the goods. You may demand elimination of the defects or delivery of substitute goods within the statutory warranty period.
In as far as we are unwilling or unable to remedy the defect in the goods, or to deliver a substitute or in case such delivery or substitution fails, the customer by its sole discretion may choose to avoid the contract or to demand a reduction of the price.
Further claims of the customer, namely claims for damages for delayed or omitted delivery, are excluded. This does not apply insofar as the cause of the loss is based in wilfulness misconduct or gross negligence to be attributed to us.
Data Protection and Privacy
The personal data collected to handle an order will be treated as strictly confidential. The publisher warrants that these data will generally not be passed on to third parties. An exception exists only regarding a passing on of such data to the delivery company of Südost Verlags Service SVS who require this data to handle the order. In such a case SVS will not pass on the data to third persons. All further regulations regarding data protection will strictly be adhered to. Further information regarding our data protection measures can be accessed here.
Place of Performance and Jurisdiction
For all rights and obligations out of or in connection with this contract Munich, Germany, is the place of performance. For contracts with other companies the place of jurisdiction is the seat of the publisher. For all other customers this place of jurisdiction applies to the judicial dunning procedure.
German law applies. For international sales contracts the CISG (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980) applies.
Please address complaints, cancellations to the following address: sellier. european law publishers, Geibelstraße 8, 81679 München (Germany) info(at)sellier.de
Please return goods together wit a copy of the invoice to the following address: sellier. european law publishers, c/o Südost Verlags Service, Am Steinfeld 4, 94065 Waldkirchen (Germany)
Last update: January 2008
III. Software licence terms
Introduction
These licence terms complement the general terms and conditions for the sale of goods.
Granting Right to Use
Upon conclusion of the contract for the delivery/download of software the customer is granted the non-transferable non-exclusive right to use the relevant software to the extent describe below. All rights of usage which are not explicitly listed below remain with the sellier. european law publishers GmbH.
Scope of Rights
Upon delivery the customer is granted the right to use the delivered software on one computer of his choosing appropriate for this purpose.
The customer undertakes to only use the program for his own purposes and to not make it available to third parties neither for free nor for reimbursements. The software may only be used by one person on one computer but not at the same time on two or more computers regardless of whether or not the software is used by the same or by different persons at the same time.
Should the contract be for a number of licences the customer is entitled to use the software in accordance with the contractual terms at any time on one or more computers with more than one person at the same time.
The customer is not entitled to produce copies of the software unless these copies are made for backup purposes and are only used for these purposes. The customer may not reproduce parts of the software, pictures, handbooks, accompanying text as well as the documentation of the software by means of photocopying, micro copying or electronic storage; nor may he resale, hire, give sublicenses to third parties nor make in other ways available the software and/or the relevant documentation to third parties. The customer is not entitled to modify, change, adapt or decompile the software and all the relevant documentation whole or in part insofar as this goes beyond the limitations of s.s. 69d Abs. 3, 69e UrhG (German Copyright Act). Further, the customer may not change copyright marks, trademarks, brands and/or indications of ownership of the publisher attached to the programs and/or the documentation material.
Liability
sellier. european law publishers will only be liable for the loss of other software, data and/or of data storage media or data processing equipment of the customer if the defect of the software, data and/or data storage media delivered to the customer is attributable to wilfulness conduct or gross negligence of a legal representative or servant of sellier. european law publishers. Above and beyond the limitation of liability in the preceding sentence the liability for gross negligence by servants is excluded with regard to contracts with legal entities of public law, special funds under public law as well as business entities in the sense of s. 1 para. 1 German Commercial Code (HGB) (Kaufleute) - regarding the latter only if the sales contract is part of their business dealings in the sense of s. 343 para. 1 German Commercial Code (HGB) -, unless the gross negligence is that of a managerial servant or if cardinal obligations have been violated. The above does not apply to statutory warranty claims for elimination of defect, cancellation or reduction of contract price; however, not for damages.
Last update: January 2008