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Ergon Publishing House

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Conditions



1. Scope of application

The following general terms and conditions of business shall apply to the business relationship between Ergon-Verlag GmbH (hereinafter: Vendor) and Customer. Customer’s deviating terms and conditions shall only be acknowledged by Vendor if it has expressly approved their validity.

2. Conclusion of contract

Your order is triggered when you place the goods into the shopping cart and click on “Send order”. With the order, you bindingly declare that you wish to acquire the goods. You shall be informed about receipt of your order by e-mail without delay. The confirmation of receipt is automatic and does not yet portray any declaration of acceptance. The purchase contract comes about by us accepting the offer for conclusion of a purchase contract by supply of the goods as contained in your order.

3. Right of revocation

If the customer concludes a contract with Ergon-Verlag GmbH as a consumer, a right of revocation shall accrue to him pursuant to the statutory directives. The following instructions as to rights of revocation shall apply. Reference is made to the sample revocation form (Section 3.3).

3.1 Instruction as to rights of revocation for contracts concerning the delivery of goods

Right of revocation
You have the right to revoke the present contract within fourteen days without a statement of the reasons.
The revocation period commences fourteen days from the day on which you or a third party named by you, who is not the transporter, have/has taken possession of the goods.
In order to exercise your right of revocation, you must inform us (Ergon-Verlag GmbH | Keesburgstrasse 11 | D-97094 Würzburg | Telephone: +49 (0)931 280084 | Fax +49 (0)931 282872 | e-mail: service@ergon-verlag.de) on your decision to revoke the present contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You can use the enclosed sample revocation form for this, but this has not been prescribed.
To abide by the revocation period, it is sufficient for the notification of the exercising of the right of revocation to be dispatched before the expiry of the revocation period.

Consequences of the revocation
If you revoke the present contract, we must pay all the payments which we have received from you, including the costs of delivery (except for the additional costs resulting from the fact that you have chosen a different kind of delivery from the most favourable standard delivery offered by us), back to you without delay and within fourteen days at the most from the day on which the notification of the revocation of the present contract has reached us. For this repayment, we use the same means of payment which you used in the original transaction, unless anything to the contrary has expressly been agreed with you; in no cases will you be charged on account of this repayment.
We can reject repayment until we have received the goods back or until you have rendered the proof that you have returned the goods, whichever happens earlier.
You must send back or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of the present contract. The period has been complied with if you dispatch the goods before the expiry of the fourteen-day period. You bear the direct costs of the return of the goods.
You must only bear all and any loss of value of the goods if this loss of value is to be ascribed to use of them not necessary for examination of the quality, properties and mode of function of the goods.

3.2 Instruction as to rights of revocation for contracts concerning the delivery of digital contents

Right of revocation
You have the right to revoke the present contract within fourteen days without a statement of the reasons.
The revocation period commences fourteen days from the conclusion of the contract.
In order to exercise your right of revocation, you must inform us (Ergon-Verlag GmbH | Keesburgstrasse 11 | D-97094 Würzburg | Telephone: +49 (0)931 280084 | Fax +49 (0)931 282872 | e-mail: service@ergon-verlag.de) on your decision to revoke the present contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You can use the enclosed sample revocation form for this, but this has not been prescribed.
To abide by the revocation period, it is sufficient for the notification of the exercising of the right of revocation to be dispatched before the expiry of the revocation period.

Consequences of the revocation
If you revoke the present contract, we must pay all the payments which we have received from you, including the costs of delivery (except for the additional costs resulting from the fact that you have chosen a different kind of delivery from the most favourable standard delivery offered by us), back to you without delay and within fourteen days at the most from the day on which the notification of the revocation of the present contract has reached us. For this repayment, we use the same means of payment which you used in the original transaction, unless anything to the contrary has expressly been agreed with you; in no cases will you be charged on account of this repayment.

3.3 Sample revocation form

If you wish to revoke the contract, then please fill in this form and send it back to us.

To
Ergon-Verlag GmbH
Keesburgstrasse 11
D-97094 Würzburg
Fax +49 (0)931 282872
e-mail: service@ergon-verlag.de

I/we (*) hereby revoke the contract concluded by me/us (*) concerning the purchase of the following goods (*)/the rendering of the following services (*)

Ordered on (*) / received on (*)

Consumer’s name

Consumer’s address

Consumer’s signature (only in notification on paper)

Date

(*) Delete as inapplicable
4. Reservation of non-availability

We reserve the right not to perform your order if we do not have the ordered titles in stock, the title not in stock is not available from the publishers and the ordered goods are not available as a result. In such a case, we shall inform you about the non-availability without delay and, if applicable, reimburse any purchase price paid by you without delay.

5. Prices and dispatch costs

Our prices are final prices in Euro. They contain the statutory value added tax.
Deliveries within Germany are free of dispatch costs.
For deliveries within Europe, dispatch costs staggered according to weight shall be due.
For deliveries to countries outside Europe, dispatch costs staggered according to weight shall be due.
The precise dispatch costs can be inquired from the publisher.

6. Costs of returns

In the event of a revocation (§ 3), you shall bear the regular costs of the return if the goods supplied match those ordered and if the price of the object to be returned does not exceed an amount of Euro 40 or if, in the event of a higher price of the object, you have not yet paid the consideration or any part payment agreed by contract.

7. Payment and delivery terms

To the extent not agreed to the contrary, delivery shall be ex warehouse to the delivery address stated by Customer.
The purchase price shall be due for payment within 30 days of receipt of the goods.

8. Offset, retention

A right to offset shall only accrue to Customer if its counterclaims are legally effective or have been acknowledged by Vendor. In addition, it shall only be entitled to exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.

9. Retention of title

The goods supplied shall remain Vendor’s property until the claim to the purchase price has been completely fulfilled by Customer.

10. Warranty

If a defect of the object of purchase exists, the statutory warranty directives of §§ 434 et seq., German Civil Code, shall apply.

11. Data protection

We exclusively use your personal data for purposes concerned with your order, e.g. for information on your order status and/or delivery status and for internal customer analyses. Personal data shall naturally be treated confidentially and not be forwarded to third parties.
Customer expressly approves recording, processing and use of the data obtained in connection with the business relationship.

Customer shall have a right to information and also a right to correction, blockage and deletion of its stored data.

12. Applicable law and place of jurisdiction

The law of the Federal Republic of Germany shall apply, ruling out UN purchase law.
If Customer is a merchant or public-law entity, the Court competent for our corporate headquarters in Würzburg shall be the exclusive place of jurisdiction for all disputes from the contractual relationship.





Ergon-Verlag GmbH
Managing Director: Dr. Alfred Hoffmann
Keesburgstraße 11
D-97074 Würzburg

Phone: +49 (0)931 280084
Fax: +49 (0)931 282872
Email: service@ergon-verlag.de