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Standard terms & conditions for consumers
Please click here to read our terms and conditions for companies.§ 1 Scope
(1) Our general terms and conditions (AGB) displayed to the customer at the time when the order is placed (cf. § 2 of the AGB) shall exclusively govern the legal relationship, whereas the most current version shall be applicable. You may freely print out these terms and conditions or save them in reproducible form.
(2) Vandenhoeck & Ruprecht (GmbH & Co. KG) will be further referred to as “we” or “us” respectively, whereas our contract partner will be referred to as “customer”
§ 2 Contract Conclusion
(1) The presentation of our “offer” in the internet does not represent an offer in the legal sense, neither do our other publications and advertising media which are directed at inviting offers made by our customers.
(2) As soon as the customer places an order by phone, mail or in another way without personal contact (therefore especially over the internet), an offer is made by the customer. This offer will be acceptet orally (e.g. in case of an offer via phone) or by delivering the goods ordered (e.g. in case of an offer via mail or internet) whereas an acceptance period of one month is stipulated. In case of distance sales contracts in the meaning of § 312 b (1) of the German Civil Code (BGB), the statutory right of revocation (Widerrufsrecht) applies as well in accordance with the instructions for the revocation right printed below in these terms and conditions. In case of contracts which are not distance sales contracts, the revocation right expressly does not apply.
(3) In case of distance contracts, the customer has the right to revoke the sales contract (also by email) or by returning the goods within one month after receipt of the goods in accordance with the instructions printed in these general terms and conditions. Up to an order volume of 40.00 € it is stipulated that the costs for the return of the goods will be borne by the customer, who is a consumer, unless that the goods delivered do not match the goods which the customer has ordered. We point out the fact that we retain or deduct any diminution in value of the goods which has occurred by using them.
(4) The right of revocation does not exist for for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return. Furthermore, the right of revocation does not exist for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, Moreover, the right to revocation does not exist for the subscription of magazines as long as the amount of the standing order does not exceed 200 € and it does not exist in case of a single item delivery of a newspaper, journal or magazine.
§ 3 Advance Payment, Delivery, Prices and postal fees
(1) As the case may be we reserve the right to demand an advance payment of 50% of the order volume of the customer is a consumer. In such a case, the order will only be processed after receipt of payment. This especially applies to customers who are in default with payments outstanding at the time when the requisite purchase order is received.
(2) Acceptance of the offer made by customer is contingent on the reservation of timely deliver to us, provided that we have concluded a cover transaction with a third party and also provided that this third person has failed to deliver the goods as ordered. We commit ourselves to make adequate efforts to conclude a transaction for cover and will conclude accordingly if that is possible. We furthermore commit ourselves to inform the customer of any unavailability without undue delay and to return any possible consideration already paid by the customer without undue delay. If a delivery is impossible after such efforts, the order will be reserved if possible. If ordered goods are sold out the customer has the choice to either cancel the order or to get a reservation for a possibly available reprint or a possible new edition. In such an event, he will be informed about the unavailability without undue delay as well.
(3) The delivery will be made via Brockhaus Kommissionsgeschäft GmbH who is entrusted with delivery. Furthermore, delivery is subject to availability of the goods and at customer’s expense, whereas such delivery will be made to the address indicated by the customer whereas the postal fees will be as follows:
| Delivery Area |
|
Postal Fees per delivery address for consumer customers |
|---|---|---|
|
Germany / Austria / Switzerland / Liechtenstein / Luxemburg · up to an order value of 50.00 € · above an order value of 50.00 € |
· 3.00 € · no postal fee |
|
| Other European countries | 8.00 € | |
| Territories outside of Europe | 15.00 € | |
| Optional air freight surcharge in case of deliveries abroad | 15.00 € |
(4) As a rule, the postal fees for continued delivery (at own expense) and subscriptions (for list prices) will be borne by the customer. Statements with respect to the prospective delivery period are not binding provided that the delivery date has not been promised with binding effect as the case may be. We are entitled to partial deliveries. Any additional costs incurred by partial deliveries will be borne by us in case of consumer customers.
(5) The prices of the books to be sold are fixed unter law of Book Price Control (Preisbindungsgesetz). The current price can be taken of the German directory of deliverable books (VBL).
§ 4 Due date, Payment and Default
(1) We only accept the payment methods which are shown to the customer in the course of the ordering process. The sales price as well as possible costs and surcharges according to § 3 of these general terms and conditions will be due without deduction or rebates upon receipt of the goods and an invoice by the customer.
(2) The customer who is a consumer will be in default after fourteen days of receipt of the invoice. In such a case, a default interest of five percent over the base interest rate will be owed. The claim of further default damages will remain unimpaired.
§ 5 Warranties; Limitation of Liability
(1) We provide a statutory warranty during a warranty period of 24 months after delivery of the goods provided that the defacts are present at the time of delivery.
(2) Our liability for damages as a result of simple negligence is excluded. This exclusion of liability generally does not apply if the customer’s claim for damages is a result of a culpable violation of a crucial obligation, a wilful or grossly negligent violation of duty by us or one of our vicarious agents or the lack of a guaranteed feature of the sold item. The term ”crucial obligation” is to be understood as a duty the performance of which only enables the proper performance of the agreement and the compliance of which the customer can regularly expect.
(3) Furthermore, this exclusion of liability does not apply to damages resulting from a violation of life, body or health which are the result of a negligent breach of duty by us or which are the result of a wilful or grossly negligent violation of duty by a statutory representative or one of our vicarious agents.
§ 6 Right of Revocation for distance sales
(1) In case of a distance sale in the meaning of § 312b BGB, the consumer customer has a right of revocation according to the statutory provisions and in accordance with the right of revocation instructions set forth below at the end of these terms and conditions.
(2) Upon conclusion of the contract, however at the latest together with the invoice, the consumer customer shall receive information which meets the requirements set forth in § 312c BGB respectively Art. 246 § 1 and § 2 Introductory Act to the Civil Code (EGBGB).
§ 7 Special Terms for Purchase of digital products
(1) If you buy digital products, your shopping cart will contain at least one item which you purchase in digital form (i.e. as a file to be downloaded). This purchase will be supplemented by the following terms and conditions:
(2) You receive the file(s) for e-books and e-articles in the widespread pdf format. A computer program for reading this format can be obtained from the internet or in a computer store. There will be neither technical restrictions on the use of the pdf nor restrictions upon printing or copying from the document. Furthermore no digital rights management system will be employed and the file will not contain a printed ”water mark”. Software executables, audio and video files are offered in the formats specified on the respective product pages. Immediately after the conclusion of the ordering and payment process you will receive access to the file(s) and can download these within 5 days for as many times as you like. For payment of digital products we currently only accept credit cards as a method of payment.
INSTRUCTIONS FOR THE RIGHT OF REVOCATION
RIGHT OF REVOCATION
consumer customers have the following right of revocation with respect to the purchase items according to the law on distance sales: you can revoke your declaration to conclude the contract within one month in textual form (e.g. email, fax, letter) or - provided that the goods were delivered to you before the deadline expires - by returning the goods without the necessity of stating any reasons. the deadline starts to run after receipt of these instructions in textual form, however, not before the goods are received by the recipient (in case of instalment deliveries for identical goods not before the receipt of the first instalment) and not before the fulfilment of our duty to inform you by virtue of Art. 246 § 2 in connection with § 1 Subsection 1 and 2 EGBGB and furthermore 312 E subsection 1 bgb in connection with Art. 246 § 3 EGBGB. for meeting the deadline, the timely dispatch of the revocation or the goods shall be sufficient. the revocation shall be sent to:
Vandenhoeck & Ruprecht (GmbH & Co. KG), legally reprresented by
Ruprecht-Verwaltungsgesellschaft mbh, which is legally represented by Carola Müller and Ulrich Ruprecht as authorized executives
Theaterstrasse 13, 37073 Göttingen
e-Mail: info@v-r.de
Telefax: +49 551 5084-422
RIGHTS AND DUTIES UPON REVOCATION
in case of a binding and valid revocation, the mutually received performances have to be returned including any use which has been made (e.g. interest). if you cannot return the received goods in whole or in part or only in deteriorated condition, you might be subject to a claim on our part for compensation. in case of the delivery of goods this shall not apply if the deterioration of the goods and the loss of value is exclusively a result of the examination of the goods–comparable to an examination which could be made in a store. you are not liable for any loss of value which is a result of any appropriate first use. goods which can be sent by parcel are to be returned to us at our risk. you have to bear the costs for the return sending if the delivered goods conform to the ones ordered and if the price of the goods to be returned does not exceed an amount of 40 euro (see § 2 subsection 3 of our general terms and conditions) or if in case of a higher price of the goods you have not yet rendered your conter-performance or an agreed instalment payment at the time of the revocation. otherwise the return will be free of costs for you. goods which cannot be sent by parcel will be picked up at your place of delivery. any obligations concerning the return of payment must be performed within 30 days. For you, the deadline starts with the dispatch of your revocation notice or the dispatch of the goods, for us the deadline begins with their receipt.
– END OF INSTRUCTIONS –
Information according to § 312 c II BGB
Provided that you have placed an order over the phone or the internet, we inform you according to § 312 c II German Civil Code (BGB) about the following:
1. Your contract partner is the Vandenhoeck & Ruprecht (GmbH & Co. KG) (registered at the local district court of Göttingen under the commercial register number: HRA 1182), legally represented by Ruprecht-Verwaltungsgesellschaft, which is legally represented by Carola Müller and Ulrich Ruprecht as authorized representatives with a regular business address at: Theaterstraße 13, 37073 Göttingen.
2. By placing your order, you have made us an offer. The contract will be concluded as follows: with the phone call or the delivery of your letter or your mouse click (internet) on the button ”send”, you provide us with a legally binding offer which we can accept over the phone or (in case of an internet order) by sending you the goods ordered (see § 2 subsection 2 of our general terms and conditions (AGB).
3. Our “offer” displayed in the internet is not a legally binding offer. It merely contains an invitation to you for tendering of an offer. Therefore, you as the customer make an offer which we either accept expressly or (in case of ordering over the internet) tacitly by sending you the goods that you have ordered. The contract is concluded only by way this acceptance.
4. Our performance is subject to the condition of timely delivery to us by virtue of § 3 subsection 2 of our general terms and conditions. We would like to point to the customer‘s right to be informed as well as to our obligation to reimburse any consideration which we may have received already without undue delay.
5. The price for the goods including any possible tax or other price calculation date can be derived from our invoice.
6. By virtue of § 3 subsection 3 of our general terms and conditions, there may be delivery and sending costs which you have agreed to upon contract conclusion. We would like to point out these costs to you. You can have a look at our general terms and conditions at our website at any time and you will also find them enclosed herein.
7. The details for payment and delivery are set forth in § 3 and 4 of our general terms and conditions (AGB).
8. Concerning this contract you have a statutory right of revocation. Details with respect to this right can be obtained from the instructions with respect to your right of revocation on the first page of this document.
9. the right of revocation is applicable as a matter of law to all distance sales contracts. details of the right of revocation can be obtained from the instructions for the right of revocation which is printed above. the right of revocation cannot be displaced by an agreement between the parties.
10. please address warranty claims and complaints to the entity listed under number 1 above. for doing so, please address your concern to the director carola Müller. She can be contacted under the following address: vandenhoeck & RUPRECHT (GMBH & CO. KG), Theaterstrasse 13, 37073 göttingen. you may also contact the customer service department directly which will forward your complaint.
11. With respect to warranties and guarantee issues, the contract is subject to our general terms and conditions (AGB) which you can download on our website at any time and which are also displayed here above.