General Terms and Conditions for Distance Selling of Books
These general terms and conditions are valid for all contracts, which we conclude as enterpriser under exclusive use of one or more means of telecommunication E-MAIL or WEB-FORMULAR with consumers (in the following referred to in short as customers). Alternative conditions from the buyer will only be approved with our expressed written consent.
The vender (in the following: referred to in short as “vender”) is the Akademische Druck- u. Verlagsanstalt (Academic Printing and Publishing House), St. Peter Hauptstrasse 98, A-8042 Graz, Firmenbuchnr.: FN 51116 x, Tel.:+43(0)316-463003, Fax:+43(0)316-463003-24, email:firstname.lastname@example.org, VAT: ATU 40435007, member of the Chamber of Commerce Austria (Federal Committee of Book and Media Business)
3.1. The purchase price for ordered goods is according to the agreed upon purchase price as given in the current information contained in our Website or from our brochures, price lists etc. We are entitled to withdraw due to writing, printing and/or calculation errors as well as price changes due to our supplier and/or currency fluctuations of over 5%.
3.2. All prices include sales tax as well as all other duties and outstanding surcharges (gross prices). Also to be included are packaging costs and other charges.
3.3. Possible import or export expenses (e.g. tariff) will be carried by the customer.
4. Contract Conclusion/Signing
The order of the customer is considered as a binding offer in the conclusion of a purchase contract with regard to ordered goods. The sales contract holds according to the condition that the vender either explicitly accepts, or by shipment of the ordered goods, effectively complies.
5.1. The salesman handles orders without unnecessary delay, in any case within thirty days. If carrying out the order encounters difficulties within the prescribed period of time for special reasons (i.e. necessary binding of facsimile editions), the time for delivery in individual cases may exceed thirty days. The unavailability of an object of purchase will be communicated to the customer without delay at first knowledge and the vender can be withdrawn from obligation of the contract. There are no circumstances by which the customer may claim impossibility of fulfilling the contract.
5.2. The ordered commodity is shipped under request of the vender from stock to the shipping address indicated by the supplied customer by mail post, shipping company or private delivery service.
5.3. Any risk or accident damages occurring to the object of purchase during the course of delivery will be assumed by the sender.
6. Payment, Due Date and Default
6.1. The customer is required to pay the purchase price immediately, free of charge and without any deductions. The right is reserved to compliance with any possible foreign exchange regulations. The customer is responsible for any exchange costs. A charge against outstanding bills of the customer against the vender is not permissible.
6.2 Delayed payment on any part of the purchase price will be subject to a late payment interest charge of 5% over that of the respective bank rate of the European Central Bank as well as any according compound interests. The right is reserved to enforce payment of any interest for exceeding loss incurred due to default of payment.
6.3 In the case of delayed payment the customer is responsible for all expenditures for the recovery of payment such as late payment notice charges and judicial costs and/or out of court judicial representation. The vender is not obligated to remind the customer of late payments.
7. Reservation of Proprietary Rights
The vender remains the sole proprietor of the item of purchase until full payment of the purchase price. Should a third party be necessary in the case of execution or insolvency proceedings with regard to the item of purchase, the customer, as a result, must forthwith notify the vender and advise the third party regarding the proprietorship of the vender.
8. Right of Withdrawal
8.1. The customer has the right to withdraw from a distant selling contract within 7 days from the close of the distant selling contract or a distant selling contractual statement as indicated, whereby Saturday is not counted as a working day. This 7 day period begins on the day of receipt of the item of purchase by the customer. The giving of notice for withdrawal or declaration of cancellation is sufficient as the cancellation deadline. It must follow in the same manner as the signing of the contract of offer (see point 4 above).
8.2. In the case of difficulties encountered by the vender during delivery, the vender is entitled to withdraw and forthwith inform the customer.
8.3. In the case of withdrawal by the vender, the vender must reimburse any payments made by the customer and compensate any necessary business expenditures of the customer regarding the item of purchase.
8.4. In the case of withdrawal the customer must forthwith return the received goods and must pay a commensurable remuneration for any wear and tear use, including a common value reimbursement; the transfer of the goods into the custody of the customer does not constitute in itself depreciation in the value of the goods. The customer is not entitled to the right to return of custody. Furthermore, the customer must bear the direct costs of return of the item of purchase.
8.5. There is no existing right of withdrawal concerning audio or video recordings or software, as long as the received goods remained sealed by the customer, this also concerns contracts regarding newspapers, magazines and pictorials with the exception of contracts regarding periodic prints.
9. Special provisions for continuance works and magazines
Unless otherwise agreed upon, continuance works are ordered for continuation up to cancellation.
10. Warranty and liability
10.1. The liability for possible defects of the sale item is in compliance with legal warranty regulations. The vender however is firstly in every case entitled to exchange the sale item and/or replace missing items. A claim to reduction in price can only be requested first after an expiration of an adequate amendment time limit. The defective goods are to be sent back by the customer immediately. For further requirements, in particular punitive damage requirements of every kind (consequential damages), including loss of profit, time delay damages etc., the vender is only liable in cases of intention or gross neglect.
10.2. The vender is also not liable for the contents of the sale item, in particular the form or content in accuracy and legality of contained statements, text, pictures, audio or audiovisual media, composition, or instructions etc.
10.3 These disclaimers apply within the legal framework, also for possible liability according to PHG as well as for claims against personnel, employees, vital or auxiliary persons of the vender.
10.4 The vender assumes no liability for technical problems with services provided by the Web-Shop. With regard to the Web-Shop, the vender reserves at all times, all rights to its operational status, this is however irrespective of any general and already concluded signed and effective contract.
11. Data Security and Advertisement
The customer consents that the vender and his auxiliary personnel can automatically determine, save, process and use personal data from him such as first name, surname, postal code, address, telephone number, fax number, email address, internet address, date of birth, bank account information for purposes of the conclusion and completion of contractual relationships as well as for advertisement purposes and to send him promotional material by electronic post; the customer may at any time cancel this compliant agreement. The vender will ensure that this data is not transferred to a third party.
12. Third Party Rights (copyrights)
12.1. The customer assumes knowledge of the existence of item of purchase third party rights, in particular copyrights and other intellectual property rights. He ensures that the item of sale only be used according to contractually or legally permitted parameters and to strictly guard all possible licensing terms. This applies in particular to linguistic works, including software, data banks, as well as picture and/or audio visual media.
12.2. The preceding point 12.1 is valid and applies for rights of the vender on his web-site and its contents such as text, graphics, logos, branding, titles, programs, pricing arrangements, data base and other according services.
13. Place of Fulfillment, Applicable law, Partial Nullity and Jurisdiction
13.1. Place of fulfillment is Graz; valid under Austrian material law (excluding reference provisions) under the exclusion of the UN sales rights.
13.2. So far individual provisions of these AGB enforced legal rules and regulations conflict or are void, nevertheless the rest of the provisions are kept in effect.
13.3. Any possible disputes regarding these contracts are under the jurisdiction of the Executive Court of Graz.