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" as a PDF file.

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 Kommentar 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 GmbH & Co. KG 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)
Registration: Amtsgericht Charlottenburg, HRA 3937 B
VAT-ID No.: DE 136 320 755


II. sellier european law publishers GmbH - General Terms and Conditions

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, www.sellier.de
Managing Director: Prof. Dr. Felix Hey
Registration: Amtsgericht München, HRB 131351
VAT-ID No.: DE 208 209 660

Introductory Remark
These general terms and conditions apply to all sales contracts (books, journals, CD-ROM, eBooks etc.) and online database subscription contracts with sellier european law publishers GmbH (selp). For the sale of software (CD-ROM, eBooks) or the use of online databases additional conditions apply.
In case delivery should be effected by third parties, the delivery and payment terms of that third party shall apply:
a) Delivery by Südost Verlags Service GmbH (SVS). According to the delivery contract between selp 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 at ISBS.
c) Delivery by De Gruyter: The General Terms and Conditions of De Gruyter shall apply, see “III. Licence Terms for Software and Online Databases” in particular.

Conclusion of Contract
Your contract with us is concluded by us delivering your order and the goods or the login credentials reaching you or the receiver, as case may be. In case of ordering electronically, 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 based on size and weight of the purchased item. The shipping costs for journal subscriptions will be borne by the receiver. 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.

Contract and Cancellation Periods
Unless otherwise agreed, journal and online database subscription contracts are concluded for the respective calendar year. They are renewed for a further year if they are not cancelled six weeks before the end of a year.
Regarding trial subscriptions: Unless you inform us within 14 days after receipt of the free issue 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.

End-Customer’s Right of Revocation

You may revoke the contractual agreement in text form (e.g. letter, fax, e-mail) without giving reason within 14 days or – if the item(s) has/have been delivered before the expiry of this period – by returning the ordered item(s). The period commences upon receipt of this legal information in written form, but not before the recipient has received the item(s) (in case of recurring delivery of the same type of items, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations according to Article 246 § 2 in connection with § 1 paragraphs 1 and 2 EGBGB (Introductory Law of the German Civil Code) as well as our obligations according to § 312e paragraph 1 subparagraph 1 BGB (German Civil Code) in connection with Article 246 § 3 EGBGB. The timely sending of the revocation notice or of the items shall be sufficient for observing the revocation deadline.

The revocation shall be sent to:
sellier european law publishers GmbH
Geibelstraße 8
81679 München
Fax +49-(0)89-45108458-9
E-Mail info(at)sellier.de

The revocation by returning the ordered item(s) shall be sent to:
sellier european law publishers GmbH
c/o Südost Verlags Service GmbH
Am Steinfeld 4
94065 Waldkirchen

In the case of ordering software, the right of revocation shall not apply if the delivered data media have been unsealed by the customer as well as in the case of download of software.

Effects of Revocation
In the case of a valid revocation, any services or products received by either side are to be returned and any accrued financial advantage (such as interest) shall be turned over to the other party. Where the right of revocation is exercised the Customer is obliged to return the goods.
If you cannot reimburse services or products received wholly, partially or only in a deteriorated state, you shall pay compensation for any lost value. Concerning the relinquishment of goods this does not apply if the deterioration of the merchandise is related solely to verification, in the same way it would have been possible in a store. For the rest, you may avoid any obligation to provide compensation for any deterioration of the product caused by the intended use by not using the product as your own property and by refraining from any actions that might diminish its value.
Products which can be mailed as a package are to be sent at our risk. You shall bear the cost of return shipment if the delivered items match the ordered items and if the price of the merchandise to be returned does not exceed 40 Euros or if, in the case of a higher price, you have not yet provided complete or a contractually agreed on partial payment at the time of the revocation. Otherwise the return shipment is free of charge for the Customer. Merchandise that cannot be sent as a package will be picked up at the Customer’s residence. Obligations to refund payments must be met within 30 days. The respective period of time begins for you with the sending of the notice of revocation or the merchandise itself, for us, it begins with receipt of the revocation notice or the returned merchandise.

End of Revocation Instructions


Warranty/Liability
Complains regarding the delivery of goods are to be addressed in writing to selp 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 SVS or ISBS who require these data to handle the order. In such a case SVS or ISBS will not pass on the data to third persons. All further regulations regarding data protection will strictly be adhered to.

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 summary proceedings for order to pay debts.
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.

Last update: June 2013



III. Licence Terms for Software and Online Database (particularly eBooks and eJournals)

Introduction
These licence terms complement the general terms and conditions.
The term “online databases” under these “Licence Terms” apply to the online access to the publisher’s own databases and to databases of third parties containing the publisher’s content like eBooks, eJournals and single articles.
In case the delivery of eBooks, eJournals etc. is effected by De Gruyter the General Terms and Conditions of De Gruyter shall apply.

Granting Right to Use
Upon conclusion of the contract for the delivery/download of software or the use of the online database the customer is granted the ordinary non-exclusive non-transferable right to use the relevant software or online database for the duration of the user agreement. No rights to the contents or products themselves are acquired thereby. All intellectual property rights and other rights to the contents, products and ancillary documents are reserved. The right of use allows access to the products ordered, and in case of online services or CD-ROM searching within the products, downloading and printing of the search results and transferring these results or parts thereof into customer’s documents. Any use beyond this scope is prohibited, in particular the removal of copyright information, copying the data to further storage media (other than a back-up copy), or a network, saving data for use in a retrieval system, using retrieved data to produce more than single copies as well as systematic collections.
Software (CD-ROMs, eBooks etc.) and online services are – unless specifically stated otherwise – purchased as a single user access license. Thus the parallel installation and use of the software or the online services on more than one workstation is prohibited.
In case of a multi user access license, the customer may simultaneously use the software or the online services at any time on one or more computers by one or more individuals.

Access to the Online Databases
For accessing the online database, the customer receives individual login credentials. The customer agrees to keep the login credentials confidential and to prevent any unauthorised use of the online database through third parties; he must also ensure that all individuals working within his entity also comply with this obligation.
Universities, law firms and other institutions connected to the internet through static IP address can obtain access to the online database through IP check (IP = Internet Protocol). The customer agrees to limit the access to the online database to the premises and authorised users of his entity and to avoid any unauthorised use of the online database through third parties; he must also ensure that all individuals working in his entity also comply with this obligation.
If the customer becomes aware of any abuse of login credentials or the IP check, then he will immediately inform selp thereof. In case of abuse, selp may block the access to the online database. The customer is liable for any abuse caused by negligence on his part.
The costumer is solely responsible for connecting to the in­ter­net and bears all hardware and telecommunication costs.
The customer is responsible for installing the required software. Furthermore, the customer is responsible for satisfying the technical requirements for the access to the online database or for the usage of the CD-ROM which includes, without limitation, the hardware in use and the operating system software, the connection to the internet and the relevant browser software.
The online database is permanently available for the duration of the user agreement. The availability of the online services may temporarily be limited due to technical reasons, such as routine or necessary maintenance. If the online services should be unavailable for a considerable amount of time during normal office hours, the customer may reduce the remuneration for the online services.

Liability
selp will only be liable for customer’s loss of other software, data and/or of data storage media or data processing equipment if the defect of the software, data and/or data storage media delivered to the customer is attributable to willful misconduct or gross negligence of a legal representative or servant of selp. 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 in the event of culpable violation of essential contractual obligations. The above does not apply to statutory warranty claims for elimination of defect, cancellation or reduction of contract price; but to damages.

Last update: June 2013

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