General Terms and Conditions of Business
for orders at Wandel Verlag, Berlin
Status 1.8.2013 .
1.1 The business relationship between Wandel Verlag, hereinafter referred to as the publisher, and the customer is governed exclusively by these General Terms and Conditions in the version valid at the time of the order.
We do not recognise any terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions of Business unless we have expressly agreed to their validity in writing. Our General Terms and Conditions of Business shall also apply even if we carry out the delivery to the customer without reservation in the knowledge that the customer’s terms and conditions are contrary to or deviate from our General Terms and Conditions of Business. This does not imply an acknowledgement of the conflicting conditions.
2.1 Our prices are valid ex place of dispatch. Unless otherwise agreed, the costs of dispatch and packaging of the goods shall be borne by the customer. The shipping costs are determined upon delivery of the goods and depend, for example, on the quantity ordered.
2.2 The prices quoted are final prices including the statutory value added tax. The proportion of value added tax is shown on each invoice. The prices for books are generally subject to the law on fixed prices. The valid retail price set by the publisher in the VLB therefore applies.
2.3 We grant a 15% discount for teacher’s examination certificates and for school book orders (§ 7 Para. 1, No.3 BuchPrG), discounts for collective orders in accordance with § 7 Para. 3, No.1 BuchPrG (8% for 10 copies, 10% from 25 copies upwards) and 10 or 15% discount for libraries (§ 7 Para. 2 BuchPrG). Bookshops, dharma centres and other resellers receive a 30% discount for 1-2 books, 35% for 3 or more books, one batch for every 10 books (discounts apply to a title with the same layout). A discount of 20% applies to commission sales. Wholesale discount is agreed separately.
2.4 We reserve the right to change prices due to printing errors and mistakes.
3. Terms of delivery for end customers
3.1 The delivery of the goods is carried out at the request and expense of the customer at the prices stated in point 2.
3.2 Special provisions apply to customers outside Germany. In particular, the higher shipping costs and, if applicable, all customs duties shall be borne by the customer.
3.3 The risk shall pass to the Customer as soon as the Publisher or the distributor commissioned by it has handed over the item to the forwarding agent, the carrier or the service provider otherwise designated to carry out the shipment. Section 447 BGB (German Civil Code) shall apply.
3.4 Unless otherwise agreed, delivery shall be made from the respective storage location at the Customer’s expense (within Germany we usually deliver free of charge!). The contract is concluded upon acceptance of the Customer’s order by the Publisher or an organisation commissioned by the Publisher to process the order.
3.5 We reserve the right to change delivery options, shop prices and equipment. If products are out of stock at the time of the order, claims for damages for this reason are excluded.
4. Delivery terms for the book trade
4.1 Each delivery is made in accordance with the latest version of the booksellers’ traffic regulations. The orderer acknowledges the legal binding force by placing an order.
4.2 The goods shall be delivered at the request and expense of the Purchaser at the prices stated under point 2.
4.3 Separate provisions apply to customers outside Germany. In particular, the higher shipping costs and, if applicable, all customs duties shall be borne by the customer.
4.4 The risk shall pass to the Customer as soon as the Publisher or the distributor commissioned by it has handed over the item to the forwarding agent, the carrier or the service provider otherwise designated to carry out the shipment. This shall also apply if damage is due to accident or force majeure. Section 447 BGB (German Civil Code) shall apply.
4.5 Delivery is made from the respective storage location at the expense of the buyer. The book trade undertakes to adhere to the fixed shop prices. The contract is concluded upon acceptance of the customer’s order by the publisher or an organisation commissioned by the publisher to process the order.
4.6 Delivery possibilities, changes in the shop prices as well as deviations in the equipment are reserved. If products are out of stock at the time of the order, claims for damages for this reason are excluded.
5. Reservation of title
All deliveries are made under retention of title according to § 449 BGB, with the following individual stipulations:
5.1 The delivered publishing products (reserved goods) remain our property until all our claims arising from the business relationship with the customer have been settled in full.
5.2 The buyer is entitled to resell the reserved goods in the ordinary course of business. In return, the customer hereby assigns to us all claims and associated security interests accruing to him from the resale against his customers and third parties in the amount of the final invoice amount (including VAT) of our claim.
5.3 Insofar as a current account relationship exists with the buyer, we reserve the right of ownership of the object of sale until receipt of all payments from the existing current account relationship. The retention of title refers to the respective acknowledged balance. In accordance with the above provisions under items 5.1 and 5.2, the buyer remains entitled to resell the goods subject to retention of title in the ordinary course of business. The claims assigned to us in advance by the buyer also refer to the respective recognised balance from the current account relationship.
5.4 The buyer is authorised to collect the claims assigned to us from the resale of the reserved goods on our behalf, but this authorisation can be revoked at any time.
5.5 The buyer is not entitled to pledge the goods subject to retention of title or to assign them to third parties as security. He is obliged to immediately object to any seizure of the reserved goods or any other impairment of our rights by third parties and to inform us immediately.
5.6 The buyer is obliged to insure the goods subject to retention of title against fire, water and theft and to prove this on request. All claims against the insurer resulting from such insurance shall be deemed assigned to us with regard to the goods subject to retention of title.
5.7 In the event that the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the purchased goods after setting a reasonable deadline. Our taking back of the object of sale shall constitute a withdrawal from the contract. After taking back the object of sale, we shall be entitled to exploit it. The proceeds of the sale, less reasonable sales costs, shall be offset against the customer’s liabilities.
5.8 We undertake to release the securities to which we are entitled at the request of the buyer to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is at our discretion.
6. Terms of payment
6.1 Payment claims shall become due upon delivery of the goods, unless otherwise agreed. If payment is not made within 30 days of receipt of the invoice, the customer shall automatically be in default.
6.2 The customer shall incur further charges if he does not comply with the written request to settle outstanding invoices within the set period. From the second reminder onwards, staggered reminder fees will be charged in addition to the invoice amount and the statutory default interest. These amount to Euro 5,– for the second reminder, Euro 10,– for the third reminder and Euro 15,– from the fourth reminder onwards as compensation for our additional expenses. First and second reminders can also be sent by e-mail as PDF.
6.3 The customer shall only be entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognised by us. The buyer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
7. duty of inspection and notification of defects for entrepreneurs
The content of a consignment shall be deemed to be in accordance with the invoice and free of any recognisable defects for which the publisher is responsible if the customer does not notify the deviation immediately after receipt of the consignment and assert the claim for defects. In case of complaints, the date, type of shipment, content and number of the shipment must be indicated. Otherwise, § 377 HGB (German Commercial Code) shall apply.
8. right of revocation and return for consumers in distance selling
8.1 Consumers can return the goods without giving reasons within two weeks of receipt by sending back the goods. The period begins at the earliest upon receipt of the goods and/or this instruction. Instead of returning the goods, the order can also be cancelled in writing (e.g. by letter, fax, e-mail). The period begins at the earliest upon receipt of this instruction. The timely dispatch of the revocation suffices to meet the revocation deadline.
8.2 In the event of return or revocation, the services received by both parties must be returned and any benefits derived must be surrendered. However, if the consumer is responsible for the deterioration or other serious damage to the goods or if he is responsible for other reasons that the goods cannot be returned, he must compensate for the reduction in value or the value of the goods received.
8.3 Furthermore, the consumer has to bear the costs of the return shipment. This does not apply, however, if the delivered goods do not correspond to the ordered goods.
8.4 The revocation is to be addressed to the sender indicated on the accompanying documents
8.5 The return consignment must also be addressed to the consignor indicated on the accompanying documents.
9. Right of revocation and return for the book trade
9.1 The prior consent of the Publisher or its representative must be obtained for returns (remissions). The Publisher reserves the right to reject unauthorised returns. Returns must always be made free of charge to the Publisher. Titles are excluded from return at the latest 6 weeks after publication of a new edition.
9.2 Returns approved in writing in advance by the Publisher or its representative, which are made with reference to the subscription dates, will be credited in full on the basis of the original subscription conditions. Approved returns without reference dates will be credited on the basis of a 45% discount without further consultation. Damaged copies received will be credited on the basis of a 75% discount without further consultation.
9.3 Unless expressly agreed otherwise, returns (remissions) are to be sent to (see point 8.5)
10. Place of jurisdiction, applicable law
10.1 Insofar as the customer is an entrepreneur, Berlin is agreed as the place of performance and jurisdiction.
10.2 If the customer is a consumer, the place of performance and jurisdiction is the customer’s place of residence.
10.3 The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11. Severability Clause
Should one or more conditions not or partially not comply with applicable law, this shall not affect the validity of the other provisions of these GTC.
Berlin, August 2013.