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General Terms and Conditions
Deutsche VersionPlease note: The English translation of our terms and conditions is a service for our clients; legally binding is only the German version, the AGB. § 1. Scope of Application The business relationship between transcript Verlag (hereinafter the Publisher) and the Customer are governed exclusively by the following general terms and conditions in the version applicable at the time an order is placed. Any deviating terms and conditions on the part of the Customer will not be recognized by the Publisher unless the Publisher has expressly agreed to their validity. § 2. Conclusion of Contract By clicking the button "Buy" you place a legally binding order of the products contained in the Shopping Cart. We will send you an email to confirm that we have received your order. This confirmation is generated automatically and does not state an acceptance of your order. A sales contract is only deemed concluded when the Publisher has successfully shipped the ordered product to the Customer. § 3. Right of Revocation Customers are entitled to the legal right of revocation. A Customer is any natural person who, when concluding this agreement, does not act in the course of a profession or business. (§ 13 BGB, German Civil Code). >>>Information on the Right of Revocation<<< Right of Revocation Customers may cancel the declaration of contract within 14 days and without giving reasons by sending a written notice (e.g. letter, fax, email) or - if the Customer has already received the merchandise before the end of the revocation period - by returning the merchandise. The revocation period shall commence upon receipt of this instruction in text form, although not before the Customer has received the goods (in the case of recurring deliveries of similar merchandise, not before receiving the first partial delivery) and also not before we have fulfilled our duty to inform on the right of revocation according to article 246 § 2 in combination with § 1 section 2 EGBGB. The revocation period shall be deemed observed if notice of revocation is given or the goods returned within this period. Revocation by return of the merchandise is to be addressed to the Publisher: transcript Verlag Roswitha Gost und Karin Werner GbR - Vertrieb - Hermannstrasse 26 33602 Bielefeld Germany Email: vertrieb@transcript-verlag.de Fax: +49 (0) 5 21 39 37 97 34 Consequences of Revocation In the case of an effective revocation, the services and payments received by both parties shall be refunded and, if applicable, any resulting benefits enjoyed (e.g. interest) shall be returned. The Customer must only render compensation for the deterioration of the item or for its signs of usage if these deteriorations or signs of usage are a result of a handling of the object that goes beyond the examination of its properties and functions. "The examination of properties and functions" is understood to mean the testing or assessment of the item as is generally and usually possible in a retail store. Items that can be mailed as parcel post are to be shipped back to the Publisher at the Publisher's risk. The Customer shall bear the costs for returning the item if the received merchandise is the merchandise ordered and if the price of the item to be returned does not exceed 40 euros, or for higher priced merchandise if the Customer has at the date of revocation not yet reciprocated the whole or agreed partial payment. Otherwise the Customer shall bear no costs for returning the item (see also § 6). We collect the items that cannot be shipped as parcel post. The obligation to reimburse payments must be fulfilled within 30 days of payment. This period begins for the Customer upon mailing the revocation or by shipping the item to the Publisher, it begins for the Publisher by receiving the revocation or the returned item. >>>End of Information on the Right of Revocation<<< The right of revocation does not apply to merchandise manufactured on special orders from the Customer or to merchandise that was clearly customized to personal needs or that due to its properties cannot be shipped back. Furthermore the right of revocation does not apply to distance-selling contracts for the delivery of audio and video recordings or software if the delivered data medium has been unsealed by the Customer. The right of revocation does not apply to journal and magazine subscriptions that do not exceed a value of 200 euros or to the delivery of single issues of papers, journals, and magazines. § 4. Caveat of Unavailability The Publisher reserves the right to withdraw from an order placed by the Customer if the ordered item is out of print or can temporarily not be delivered by our distributor and hence is not available. In this case the Publisher will inform the Customer about the unavailability immediately and if necessary refund the already paid purchasing price. § 5. Prices and Shipping Charges All prices are in euros and include Value Added Tax (VAT). Because of the German Book Price Fixing Law the prices of the books determined by the Publisher are mandatory. For customers in Germany we deliver without charging any shipping fees. For orders with discounts (author's discount, courtesy discount) or from outside of Germany the following shipping fees will be charged: WITHIN GERMANY
EUROPE (outside Germany)
WORLD (outside Europe)
Customs Duties and Import Taxes Customs duties or import taxes may be incurred in the country of destination for merchandise delivered outside of Germany. These charges are for the Customer's account. The Publisher has no bearing on these costs. Customers from Switzerland and the United States of America may also order directly from our partners: SWITZERLAND Buecher Scheidegger & Co. AG Obere Bahnhofstrasse 10A 8910 Affoltern am Albis Switzerland Phone: +41 44 762 42 42 Fax: +41 44 762 42 49 Email: info@scheidegger-buecher.ch Internet: www.scheidegger-buecher.ch USA § 6. Return Charges In case of revocation (§ 3) the Customer shall bear the costs for returning the item if the received merchandise is the merchandise ordered and if the price of the item to be returned does not exceed 40 euros, or for higher priced merchandise if the Customer has at the date of revocation not yet reciprocated the whole or agreed partial payment. Please do not return unannounced the items at the expense of the Publisher because this causes considerable extra costs. To return items within Germany, please ask the Publisher to send you either a parcel label or a post-paid envelope. Enter your address on the parcel label, stick it to the parcel and bring it to a post office. If you have received an envelope, put the book into the envelope, close it and bring it to a post office. If you are returning items from within Europe, please inform the Publisher about the shipping costs. We will reimburse the costs immediately. § 7. Terms of payment and delivery Unless otherwise agreed, the merchandise shall be delivered from stock to the address specified by the Customer. Please make sure that the shipping and/or billing address is correct and complete. If the merchandise must be re-sent because of an incorrect or incomplete address, we will charge you the shipping fees for the second shipment. If the merchandise cannot be delivered to the Customer because of a longer absence of the Customer we will charge you the shipping fees for the second shipment. The invoice is enclosed with the goods even if the shipping address varies. If the Customer explicitly wishes to ship the invoice to a different address, we will charge a fee of 1 euro. The invoiced amount is due within 14 days after receiving the merchandise. Customers in Germany may pay by bank transfer, direct debit, GiroPay, or credit card (VISA or MasterCard). Customers outside of Germany may pay by credit card (VISA or MasterCard) or in advance by bank transfer. In case the Customer's payment becomes overdue, the Publisher is entitled to charge a penalty charge. Delivery generally takes 3-5 days within Germany and about 1-3 weeks outside Germany after receiving the Customer's order. § 8. Subscription of journals You may subscribe to the journals "ZfK - Zeitschrift für Kulturwissenschaften" and "Querformat. Zeitschrift für Zeitgenössisches, Kunst, Populärkultur" directly through the Publisher. Each issue will be shipped with an invoice immediately upon publication. The subscription may be canceled at any time. Cancellation will be valid as soon as it is received in written form by the Publisher. You may take out an annual subscription to the journals "Zeitschrift für interkulturelle Germanistik" and "POP. Kultur & Kritik" directly through the Publisher. The journals are published twice a year, in spring and fall. Subscriptions begin with the current issue and include all issues of one year. Subscriptions of "Zeitschrift für interkulturelle Germanistik" and "POP. Kultur & Kritik" are automatically renewed unless canceled with the Publisher by February 1st. A yearly subscription to "Zeitschrift fur interkulturelle Germanistik" incl. shipping is € 25,60 for Germany, € 28,70 for Europe, and € 31,30 beyond Europe. A yearly subscription to "POP. Kultur & Kritik" incl. shipping is € 30,00 for Germany, and € 40,00 for all other countries. Issues are shipped immediately upon publication. Please make sure that you inform us as soon as possible about a change in your address: vertrieb@transcript-verlag.de If the merchandise must be re-sent because of an incorrect address, we will charge you the shipping fees for the second shipment. § 9. Offset, Retention The Customer's right of offset only applies if his or her counter claim has been acknowledged by a court of law or accepted by the Publisher. The Customer may only assert his right of retention insofar his or her counter claim is based upon the same contractual relationship. § 10. Reservation of Ownership The delivered merchandise remains the property of the Publisher until payment of the purchasing price has been received. § 11. Warranty If the merchandise is damaged in any way the German legal warranty conditions are valid (§§ 434 ff. BGB). § 12. Data Protection The Publisher commits to using and recording the Customer's personal data only to process the Customer's current order, possible future orders, and for customer analysis. Personal data will be kept in confidence and will not be given to third parties. The Customer accepts the collection, processing, and usage of his or her data received by the Publisher when placing. The Customer has the right to information regarding as well as the right to correct, block and delete his recorded personal data. § 13. Applicable Law and Jurisdiction The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant or a juristic person under public law, the jurisdiction for all disputes arising from this contract is exclusively the court in Bielefeld, Germany where transcript Verlag is registered. (Last updated 2013-03-01) |
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