TERMS AND CONDITIONS OF BUSINESS
Wieblinger Weg 21, 69123 Heidelberg, Germany
§ 1 Area of application
For the business relationship between Kehrer Verlag and the customer, the following Terms and Conditions of Business, in the version valid at the time of the order, shall apply. Any agreement that deviates from these Terms and Conditions is valid only if approved in writing by Kehrer Verlag Heidelberg.
§ 2 Contract conclusion and cancellation
Kehrer Verlag commits to filling customer orders in accordance with the conditions given on the website. Kehrer Verlag has the right to cancel an order in the case of text, printing or calculation errors on the website. This also applies in the case of supply shortages.
§ 3 Delivery
Unless otherwise agreed, the delivery shall be ex delivery service/warehouse (Stuttgarter Verlagskontor SVK) to the delivery address the customer has specified. Risk shall pass to the purchaser as soon as the shipment has left the Kehrer Verlag warehouse, including in the case of partial shipments. Any estimated delivery date provided by Kehrer Verlag is non-binding.
§ 4 Due date and payment, default
All purchases are invoiced in euros.
The purchase price is due in full upon receipt of the goods, without discount. The customer can pay the invoiced amount by automatic debit or pre-payment; bookstores also have the option of paying via the BAG (German Booksellers Payment Clearing Company). Should a customer default on payment, Kehrer Verlag is entitled to charge interest in the amount of 5% above the basic interest rate per annum announced by the German Central Bank. If Kehrer Verlag can prove that the damage caused by default is higher, it shall have the right to claim this damage.
§ 5 Offset, retention
The customer shall have the right to withhold payment only if his counter-claims have been established as legally valid or have been recognized in writing by Kehrer Verlag. Furthermore, the customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 Reservation of ownership
The delivered goods remain the property of Kehrer Verlag until full payment of all claims against the customer.
§ 7 Liability for defects and warranty
If the goods delivered to the customer have any defects for which Kehrer Verlag can reasonably be held responsible, Kehrer Verlag shall at its own discretion either rectify such defects or replace the goods. If Kehrer Verlag is not willing or able to rectify the defects or provide a replacement, or if Kehrer Verlag can be held responsible for delaying such measures for an unreasonable length of time, or if the rectification/replacement fails, the customer may at his own discretion either withdraw from the contract or demand a price reduction.
The customer has no further legal claims – irrespective of the legal basis. Kehrer Verlag shall not be liable for damages not caused to the delivered goods themselves; in particular, it shall not be liable for lost profits or for other financial losses/damages suffered by the customer. Insofar as Kehrer Verlag’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
The above limitation of liability shall not apply if the cause of the loss or damage is based on wilful intent or gross negligence. Nor shall it apply if the customer asserts claims based on Secs. 1 and 4 of the German Product Liability Act, claims on the grounds of the absence of an assured characteristic, or claims for damages based on non-fulfilment pursuant to Sec. 463 and Sec. 480 para. 2 of the German Civil Code. The same applies in cases of initial contractual incapacity or justifiable impossibility.
In case of negligent breach of a key provision of the contract on the part of Kehrer Verlag, the obligation to render compensation for damage to persons or property is limited to damage that arises in typical cases.
The warranty is limited to 12 months from the point of transfer of risk. This is the statutory period of limitation and also applies to replacement claims for consequential damage, insofar as no claims are made stemming from illicit actions.
In general, obvious defects such as transport damage and similar must be reported in writing to Kehrer Verlag without delay upon receipt of delivery, at the latest however within seven working days of receipt. Otherwise, Kehrer Verlag cannot assume full liability for such damage.
Goods returned to Kehrer Verlag for replacement should be sent by regular mail.
§ 8 Data protection
Kehrer Verlag ensures the customer that the personal data he has submitted for the processing of his order will be handled confidentially, including when such data is stored. Kehrer Verlag hereby informs the customer that the data he submits in connection with his order will be recorded, stored, processed and utilized to the extent necessary for processing the order.
Any recording, processing or use of personal data for purposes other than the fulfilment and processing of orders requires the express permission of the customer.
§ 9 Applicable law and place of jurisdiction
For the legal relations between the customer and Kehrer Verlag, German law applies, excluding UN purchasing law. Place of litigation for all claims in connection with the business relationship is Heidelberg.
Should any individual provision of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.