Terms and Conditions
General terms and conditions of business
1. Bookseller Supply
We deliver in accordance with the currently valid book trade regulations of the Börsenverein des Deutschen Buchhandels, unless specified otherwise below.
We shall not be bound by an order until we have issued our written order confirmation in accordance with its contents. If the order is not confirmed separately, the invoice shall be considered as order confirmation.
2.1 Print Products of mentis
With the customer's order via this website, a sales contract with Brockhaus Kommissionsgeschäft GmbH is concluded. The general terms and conditions and the cancellation policy of Brockhaus Kommissionsgeschäft GmbH apply:
When the ordered products are out of stock on the agreed delivery date or are missing from the warehouse, we can withdraw from the contract without the customer being entitled to claim damages against us.
2.2 Electronic Publications
3. Cancellation Policy
3.1 Right of withdrawal
You have the right to withdraw this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Publisher mentis, Brill Deutschland GmbH, Wollmarktstr. 115, 33098 Paderborn, Germany) by means of an unambiguous statement (e.g. a letter, fax or e-mail) of your decision to revoke this contract.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the revocation period.
3.2 Consequences of revocation
If you revoke this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
We may refuse to make a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
3.3 Exclusion or premature expiry of the right of withdrawal
Furthermore, a right of revocation does not exist for goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Furthermore, there is no right of withdrawal in the case of contracts for the supply of magazines, except subscription contracts.
4. Delivery, Shipping Costs
We charge a flat rate for shipping and packaging for all orders. This lump sum is independent of the number of pieces and weight and amounts for deliveries
- within Europe to 3,90 Euro,
- to the USA to 6,50 Euro,
- RoW to 12,00 Euro.
These shipping costs also apply to orders from authors, editors, contributors and private persons.
Shipping is at the expense and risk of the purchaser.
The claims provided for in the traffic regulations due to bad or wrong delivery only exist if the fault is notified within one week of receipt of the delivery.
If we are in default of delivery, the customer may set us a period of grace of at least four weeks and, if we do not deliver within this grace period, withdraw from the contract. The customer is not entitled to claims for damages due to delay, unless there is intent or gross negligence on our part.
5. Retention of Title
The goods delivered by us remain our property until the purchaser has paid the purchase price in full, including all accessory claims and all claims arising from the current business relationship.
The customer may only sell the goods covered by our retention of title within the scope of his normal business operations; pledging or security transfer of ownership is not permitted; we must be notified immediately of any attachments.
If the customer resells the goods delivered by us, he hereby assigns to us the claims arising from the resale, including all accessory rights. If the customer's claims from the resale of our reserved goods are included in a current account, he hereby assigns to us his resulting payment claim with regard to the respective and acknowledged account balance, to the amount of our claim against the customer. The assignment becomes invalid if the customer pays us the purchase price of the delivered goods including all accessory claims and all claims resulting from the current business relationship.
If the value of the securities to which we are entitled exceeds our claims against the purchaser by more than 20%, we shall release securities of our choice to the corresponding extent at the request of the purchaser.
6. Prices and Payment
We deliver at our general prices from the day of delivery, even if these no longer correspond to the prices stated in the order or order confirmation.
The purchaser is permitted to deduct postage and cash discounts with our express permission only. Offsetting against our claims and withholding of the purchase price are excluded, unless the claims of the purchaser are undisputed or have been legally established.
In case of default of payment, all our invoices shall become due. If there are doubts about the solvency of the customer, we are entitled to demand payment in advance. In case of payment arrears, all reminder and collection costs shall be borne by the customer.
We are liable for defects of the goods delivered by us under exclusion of further claims as follows: The customer must notify us of the defect immediately, at the latest within eight days after receipt of the goods, in writing and enclosing the delivery note; in the case of hidden defects, within eight days after they become apparent. We are not liable for defects not notified in time.
Our liability is limited to the delivery of replacement goods for defective goods. In the event of the final failure of this remedy of defects, the customer may only demand an appropriate reduction of the purchase price or cancellation of the individual purchase transaction.
In any case, further claims of the customer, in particular for damages, especially for consequential damages and loss of profit, are excluded, unless there is intent or gross negligence on our part. This exclusion of liability also applies. Insofar as such claims are derived from tort or positive violation of claims, i.e. also if the claims have nothing to do with defects of the goods.
8. Collateral Agreements, Partial Invalidity
Oral collateral agreements are only valid if they are expressly confirmed in writing. The invalidity of one of these conditions does not affect the validity of the others.
9. Place of Performance, Legal Venue
If the customer is a merchant or legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is Paderborn. For dunning procedure, legal regulation applies.