1) Buchhandlung Beneke GmbH executes your orders exclusively on the basis of the following General Terms and Conditions of Trade (GTCT). When placing an order, the GTCT holds. Delivery form and invoice also constitute confirmation of an order.
2) Our services in catalogues and databanks are non-binding. Sales prices are valid at the time of delivery. Indicated book prices in German publishers do not include deductions, since these publishing products are subject to legal price maintenance. Statutory value added tax is included in the sales prices.
3) We deliver one day subsequent to receipt of order. If this is not possible, the customer is consequently informed. We do not automatically reserve titles that have not yet been published. The customer is informed as to estimated publication dates. We do not assume liability for delivery delays for which we are not responsible.
4) Deliveries made through companies or institutions are at the customer’s own risk.
5) With respect to complaints pertaining to delivery, we kindly request notification within eight days including, where possible, invoice No. and date. Should a book no longer be available, the sales price will be refunded. Further entitlements are excluded.
6) Names and addresses of our customers are saved, though not forwarded to a third party, excepting in cases where the forwarding of data is necessary for the order.
7) In order to facilitate smooth delivery, recipients of loose-leaf works or other series or updates are requested to inform us of any change of address. Should this be omitted, we reserve the right to invoice any accruing additional costs.
8) Cancellation of supplementary and series are subject to provisions stipulated by the respective publishers. The non-acceptance of deliveries prior to the effective date of cancellation does not count as cancellation.
9) We will replace with faultless copies any bound or otherwise damaged books within a four week period. Insofar as a voucher is issued, this will be settled with subsequent deliveries.
10) Users are entitled to statutory cancellation. A user is any legal entity, which concludes a statutory transaction for legal ends that cannot be imputed either to commercial or self-employed professional activity (§ 13 BGB [German Civil Code]). Revocation instruction.
Customers may revoke their contractual declaration within fourteen days without citing grounds in written form (e.g. letter, fax, email) or – if the case in question has been ceded to you prior to expiry of the term – also by way of return delivery. The expiry of term commences with the receipt of such written notification, though not prior to the recipients receipt of goods (in cases of recurring deliveries of such goods, not prior to the receipt of the initial partial delivery), nor prior to the fulfilment of our information obligation in accordance with article 246 § 2 as pertains to § 1 paragraphs 1 and 2 EGBGB [Introductory Act to the German Civil Law], as well as our obligations in accordance with § 312g paragraph 1, sentence 1 BGB as pertains to 246 § 3 EGBGB. For the safeguarding of the revocation period, the timely dispatch of the cancelled object itself is sufficient. Revocation is to be dispatched to: Buchhandlung Beneke GmbH, Gartenstraße 16, 72074 Tübingen, email firstname.lastname@example.org, Fax 07071/922972.
Consequences of Revocation. Should you cancel this contract we shall promptly return all payments made by you, including shipping costs (with the exception of any accrued costs resulting from this; or that you have selected another, less expensive standard form of shipping than those offered by us), within a fourteen day period commencing from the receipt date of written cancellation. We adopt the same means of repayment opted by you in the original transaction, unless otherwise expressly stipulated by you; you will on no account be charged for this repayment. We will only withhold repayment till such time as we have received the goods, or that you have furnished us with documentary evidence testifying to your having returned to us the goods in question, viz., depending which variant was sent first. You are requested to send, or promptly hand over the goods in question, and in any case within a fourteen- day period commencing from the day on which you notify us as to the cancellation of the order in question. The deadline is guaranteed once you have returned the goods prior to the fourteen-day term of expiry. Liability for reimbursement of any possible depreciation holds in cases where such depreciation, on further inspection of the condition, attributes and functionality of the goods indicates improper handling. - End of legal instruction -
Right to cancellation does not pertain in the case of goods prepared in accordance with customer specification, or which are unsuited for return delivery due to their condition. Furthermore, right of cancellation does not pertain in the case of distance selling contracts for the delivery of audio or video records, or of software insofar as the delivered media are unsealed by the consumer. Right of cancellation, moreover, does not pertain for the cancelling of journals or subscriptions insofar as the value of the subscription does not exceed Euro 200; the same holds respecting the delivery of single newspapers, journals and magazines.
11) Shipping charges are calculated according to our current shipping costs index (cf. shipping costs).
12) The total invoice is due within a thirty day period. From the second dunning stage, any delivery will be suspended until such date as any outstanding accounts are settled. Any existing customer purchase obligations are not thereby affected.
13) In cases of authorized collection orders are not credited, the due premium including accrued handling costs and bank charges will be invoiced. A direct debit authorization can be countermanded at any time; at the time of cancellation, outstanding payments are due without any additional deductions.
14) We reserve ownership of the works and goods delivered (retention of goods according to § 449 BGB) until such time as full payment has been transacted. The same holds for the fixed-term delivery of works, or those delivered via right of return (ROR).
15) Data Protection
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16) Unless otherwise legally stipulated, the place of jurisdiction for all shipments is Tübingen.
17) Should any individual regulations falling within these terms and conditions subsequently prove invalid, or otherwise rendered null and void, then the validity of any remaining provisions remain unaffected. Provisions deviating therefrom are subject to written agreement.
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