Terms of delivery and payment
1. Purchase orders
By submitting a purchase order the customer automatically accepts the publisher’s terms of delivery and payment. Purchase orders are accepted by the publisher by issuing an invoice or order confirmation.
The purchase order is accepted when the goods are dispatched.
2. Delivery
Books, magazines and other products of the publisher shall only be delivered with a firm invoice and at the customer’s expense and risk from the consignor address specified by the publisher. Agreements to the contrary shall require the publisher’s written confirmation. The publisher reserves the right to deliver only against payment in advance of cash on delivery. Binding delivery dates cannot be specified in all cases. The shipment costs shall also be charged.
3. Complaints
We must be notified of complaints in writing immediately after receipt of the goods. We reserve the right to acknowledge the justification of a complaint. Transit damage should be inspected immediately in the presence of the delivery agent in the customer’s interests and the carrier should be notified for settlement of such claim. Since the goods are delivered exclusively at the customer’s risk (see No. 2), the publisher cannot accept liability for the goods being lost or suffering transit damage. However, the publisher undertakes to assign any of its (the publisher’s) claims against freight drivers, forwarders, the post office, railway, etc. to the customer on request.
4. Reservation of title
The supplied goods shall remain the publisher’s property until all existing primary and secondary claims resulting from previous and future deliveries have been paid in full.
If the goods are resold the customer must reserve title to its conditional reservation of the goods against its clients until such time as its clients have paid the purchase price in full.
5. Prices
Prices shall be charged in euros. All purchase orders shall be fulfilled on the basis of the prices valid on the date on which the purchase order was received by the publisher. If the goods are delivered to a customer in the Federal Republic of Germany, the recipient undertakes to proceed in accordance with the terms of the Sammelrevers agreement. Dealers must subject their clients to the same undertaking. In the event of breaches, the purchaser shall be entitled to refuse future deliveries. If the publisher is in any doubt whether the fixed retail prices will be charged, the publisher shall be entitled not to accept the order and not to deliver the goods.
The shipment costs shall also be charged.
6. Payment
Very small invoices for amounts up to 30 euros shall be paid within 8 days on a strictly net basis. For invoices with a total of over 30 euros we shall grant a discount of 2% if payment is made within 8 days, with net payment to be made within 30 days.
Payments in foreign currencies shall be accepted on the basis of the current exchange rates, cheques shall be accepted only for payment. Payment shall not be deemed to have been made until the cheque total has been credited without reservation.
Invoices for newspapers and magazines shall be payable within 8 days on a strictly net basis.
7. Default
In the event of default all other outstanding accounts payable to the publisher shall become due for payment immediately at the moment when default occurs.
The publisher shall be entitled to charge default interest at the normal bank rate for the entire outstanding account.
The publisher shall be entitled
- not to supply any further goods to a customer who is in default;
- to cancel business relationships for other reasons which are important to the publisher.
8. Right of return
No returns shall be accepted without the publisher’s written consent.
Applications for the acceptance of returns must be sent to our address in Baunach quoting our invoice number, the date of the invoice and the ISBN. Returns must be sent to our warehouse in Baunach. The customer shall pay all costs and bear the risk of such returns. The publisher reserves the right to issue a lower credit note for books which are returned in unsellable condition, after the expiry of the agreed return period or without the specified details.
Credit notes for returns shall generally be for the original invoice total minus 10% handling charges and minus the shipment costs.
9. Place of fulfilment and place of jurisdiction
The place of fulfilment for all payment obligations on the part of the buyer/customer shall be Bamberg.
The place of jurisdiction for both parts shall be the local court with jurisdiction for the publisher’s head office or Bamberg Regional Court.