a) Contracts of any kind are subject to these general terms and conditions of delivery and payment of Gruppe C GmbH. These shall apply to the entire business relationship, even if they are not specifically mentioned in subsequent orders.
Deviating conditions of the customer or third parties shall not apply unless they are confirmed in writing by Gruppe C GmbH.
b) The law of the Federal Republic of Germany shall apply. Higher ranking law of the European Community remains unaffected. In addition, the commercial customs developed in the German book trade shall apply. Laws deviating from German law or commercial customs other than German shall not apply.
c) Unless otherwise agreed in writing, all prices are in Euro. Gruppe C GmbH is not obliged to accept foreign currency. If the customer pays in another currency, an exchange rate at the time of crediting the account of Gruppe C GmbH plus possible bank charges for the acceptance of foreign currency shall apply. Payment by the customer shall only be considered effected when the amount to be paid in Euro has been credited to the account of Gruppe C GmbH.
a) Contracts shall be concluded if the order was placed orally or by telephone, by written confirmation or by email.
If the customer orders by click on the internet, he is bound to the order for at least 5 working days. The contract is concluded with the confirmation of Gruppe C GmbH. This can be done verbally/telephonically, in writing or by email.
b) The shipment is on account and at the risk of the customer. Gruppe C has fulfilled the contract when the shipment is handed over to the carrier.
c) Deliveries shall be made in customary packaging. If railroad or forwarding agents' own transport containers are used, the purchaser shall be invoiced for the proportionate hire charge. Special packaging will be charged at cost price.
a) The customer is obliged to pay the prices fixed by the publisher in accordance with the price fixing agreement. As an intermediary bookseller, he shall impose the same obligation on his customer.
Special prices, instalment prices, subscription prices, exchange prices, etc. set by Gruppe C GmbH shall also be subject to the binding in the above sense.
b) All prices are exclusive of the rates of value added tax applicable in Germany. Changes in the German statutory VAT rate after the order but before delivery shall entitle both parties to demand a corresponding price adjustment.
Payment shall be made to Gruppe C GmbH on the due date, quoting the invoice and account number. In case of default of payment by the customer, the publisher shall be entitled to demand interest on arrears in accordance with the statutory German regulations or compensation for the actual damage caused by the default, without having to provide proof of damage.
a) Notice of defects must be given to Gruppe C GmbH immediately after receipt of the goods and in case of hidden defects immediately after discovery. Gruppe C GmbH shall be given the opportunity to inspect the defect. For this purpose the delivery bill, invoice and a description of the defect shall be submitted.
b) Transport damage must be claimed immediately upon discovery or, in the case of hidden transport damage, immediately upon discovery directly against the carrier (forwarding agent, freight carrier, post office, railroad, etc.) in compliance with the usual commercial formalities and reported to the publisher.
c) A warranty period of 1 year shall apply. This begins with the delivery of the goods to the carrier, in the case of transport damage with the delivery to the recipient.
d) Defective goods (printing and binding errors) must be returned in full. The postage paid will be credited. Refunds shall be made exclusively in cash.
a) Gruppe C GmbH retains title to the delivered goods until complete fulfillment of all claims to which it is entitled from the business relationship with the customer now or in the future.
b) In case of resale, the customer shall assign his claim to Gruppe C GmbH in the amount of the invoice value of the goods subject to retention of title with all ancillary and formative rights. Gruppe C GmbH accepts this assignment already now.
c) The customer shall be entitled and obliged to collect the assigned claims as long as Gruppe C GmbH has not revoked this authorization.
d) Receipts of the purchaser for goods subject to retention of title shall be considered as third-party money for the purchaser. This shall also apply to any current account relationships of the buyer and his customer.
e) Upon request of Gruppe C GmbH the customer shall provide all documents necessary for the assertion of assigned rights, provide the addresses of the debtors as well as the evidence of the existence of the claims or contents of the rights to Gruppe C GmbH.
e) In the case of the sale and distribution of continuation works, the assignment by way of security shall also include the right of the customer vis-à-vis his buyer to demand the purchase of further parts of the continuation work.
d) In the event that the business relationship between Gruppe C GmbH and the customer is settled by means of a current account, the retention of title and the assignment by way of security shall serve as collateral for the Publisher's balance claim.
e) If the customer is in arrears with his contractual obligations towards the publisher or if, in the case of credit ( term of payment ), a significant deterioration of his financial situation occurs, the entire remaining debt shall become due immediately. In such cases, the Publisher shall be entitled, without prejudice to its other rights, to withdraw from the contract and to collect the goods subject to retention of title. The customer loses his right of possession.
a) The place of performance for all contractual and non-contractual obligations arising from the business relationship between the Publisher and the Purchaser is Duisburg.
b) The place of jurisdiction for all disputes arising in connection with the business relationship shall be Duisburg exclusively for commercial transactions, unless another place of performance or jurisdiction is given on the basis of mandatory statutory provisions.
For private customers from Germany, the statutory provisions shall apply.
For private customers with a general place of residence outside Germany, Duisburg is agreed as the place of jurisdiction.
a) If one or more clauses of these Terms and Conditions prove to be illegal or unenforceable, the remaining clauses shall remain unaffected. In place of the unlawful or unenforceable clause, a provision shall apply which comes closest to the intended meaning and purpose of the offending clause in lawful form and enforceable content.
b) Insofar as a written form is required in these terms and conditions, this can only be waived in writing.
You may revoke your contractual declaration within 14 days without giving reasons in writing (e.g. letter, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction. To comply with the revocation period, it is sufficient to send the revocation or the item in time. The revocation is to be addressed to:
Group C GmbH, Obere Kaiserswerther Straße 15, 47249 Duisburg, Tel. 0203 - 76 55 11, email: email@example.com.
Duisburg, August 2017