 |
|
1. Our sales and deliveries are carried out exclusively on the basis of the following Terms of Delivery and Payment. They also apply for all present and future business dealings with the Customer. Additionally, the most recent valid version of the transport regulations for the book trade (buchhändlerische Verkehrsordnung) shall also apply; in case of conflicts with the transport regulations, the provisions in these Terms of Delivery and Payment will prevail.
a) We do not acknowledge any general terms and conditions the Customer might have which differ from or supplement these Terms of Delivery and Payment, unless we have explicitly consented to their validity in writing.
b) BibSpider offers are not binding unless otherwise expressly agreed. A contract only comes about with our confirmation of an order, or, if no such confirmation is sent, with the delivery of the goods.
2. Until further notice by us, the taking and processing of orders, returns and accounts receivable management will be performed by BibSpider – Info-Networking for Libraries, Niederwallstr. 13, 10117 Berlin, Germany.
3. We will deliver to the Customer in accordance with our ability to do so. Delivery will be made at the Customer's expense.
a) The risk passes to the Customer with the handover of the goods to the person charged with transporting them. At the Customer's wish and expense, we will insure the deliveries against the usual transportation risks.
4. If the Customer is a trader, he will be obligated to comply with the statutory and contraction provisions (Sammelrevers) regarding fixed book prices. In particular, he will be obligated to adhere to the fixed price for sale to end-customers. In trade between booksellers the purchaser will be obligated analogously.
5. Our prices are ex warehouse BibSpider, Berlin and do not include packing and transport. Payment must be made within the period designated on the invoice.
a) If the Customer is in default in payment, we may charge default interest at the statutory rate. After the second reminder, we will charge dunning costs at a graduated rate in addition to the invoice sum and the default interest.
6. The Customer must examine the goods immediately upon delivery. Material defects must be notified in writing to the company designated in Clause 2 without delay. In case of complaints, the date, manner of shipment, content and number of the shipment must be given.
7. The publishing goods delivered (hereinafter referred to as Conditional Commodities) will remain our property until all claims we have against the Customer under our business relationship have been fulfilled.
8. If the Customer is a trader who is subject to the statutory and contraction provisions regarding fixed book prices, he is authorized to return goods in accordance with the following provisions:
For all returns it will be necessary to obtain the prior consent of BibSpider. The date of purchase must be indicated with the returns. We reserve the right to reject unapproved returns. Returns must be sent free of charge. The following books may not be returned:
- titles for which the fixed store price has been suspended for over six weeks by notice in the Börsenblatt and
- titles six weeks after the appearance of a new edition and
- goods which were delivered more than two years prior to the return.
a) Approved and undamaged returns will be credited to the Customer in full on the basis of the original purchase price. Copies which arrive damaged will be credited to the Customer in the amount of 75% of the purchase price paid by the Customer, unless otherwise agreed in an individual case. In the case of damaged copies which, in our reasonable appraisal are not resellable we reserve the right to refrain from issuing a credit memo; the Customber may then take the goods back if he wishes. We accept returns for each calendar year up to a total value of 5 % of the annual turnover of the respective trader. Electronic goods may only be returned in their original packaging (sealed).
b) Unless otherwise expressly agreed, returns are to be sent to: BibSpider – Info-Networking for Libraries, Niederwallstr. 13, 10117 Berlin, Germany.
9. The laws of the Federal Republic of Germany apply. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The exclusive legal venue for all disputes arising from or in connection with these Terms of Delivery is Berlin.
|
|
