-› Conditions

§ 1 Scope of operation The following standard business terms and conditions apply exclusively; in their valid/effective form as at the time of the briefing, to the business relationship between the Ergon publishing company and the buyer and to all future business transactions.  The Ergon publishing company does not acknowledge any contrary terms and conditions of the buyer, unless Ergon publishing company gave express written consent to their application.

§ 2 Conclusion of a contract and rescission Your contract with us will come into existence by our acceptance of your order by way of acknowledgement of receipt of order and delivery of the goods. Right of revocation in accordance with the Fernabsatzgesetz (German) Long Distance Sales Law: You are no longer bound to your order, if you revoke the order within the time period of two weeks following receipt of the goods. The justification of a revocation is not required, must however be in writing (e.g. per letter, per fax or through another permanent data medium) or declared by way of the return of the goods within two weeks.The sending of a revocation in due course or of the goods to the Ergon publishing company Ergon-Verlag GmbH Keesburgstr. 11 D-97074 Würzburg  will be sufficient in order to safeguard the fixed time period of a revocation. In the case of a revocation you are obliged to immediately return the goods at our risk. Payments that have already been contingently made will be paid back. We will cover the cost of returns made, if we have accidentally delivered the wrong goods or if the cost of the order exceeds the sum of 40,00 euro. The right to revoke will not arise in the case of delivery of audio or video recordings (e.g. CD, music or videotapes) or of software, if you have opened the sealed packaging. In the case of revocation we reserve the right to compensation for impairment to the goods - over and beyond your inspection - based on the unused state of the goods. This is especially applicable in the case of books bearing traces of use that arise, for example, through the careless turning of the pages (torn or creased pages, marks or soiling). You can avoid having a claim for compensation brought against you by restricting your inspection, to whether the publishing company’s production in relation to design and/or content conform with your expectations, while at the same time treating it with care particularly to avoid any damage and marking or soiling.

§ 3 Payment and delivery conditions, delay Unless otherwise agreed, delivery from the warehouse will be made to the delivery address stipulated by the buyer. The risk will pass to the buyer as soon as the delivery from the Ergon publishing company, or from one of their agents, to the consignor has been made - even when partial delivery follows. Specifications concerning a limited time period for delivery are non-binding, apart from when the date for delivery has been agreed to by way of exception.  The purchase price becomes due without delay at the time of the order, provided that nothing to the contrary has been agreed to. The buyer can pay the purchase price per credit card, by way of money transfer or by way of crossed cheque. If the buyer delays in making payment, Ergon publishing company will be entitled to claim default interest for late payment at the rate of 5 % above the basic rate of interest p.a., as announced by the Deutschen Bundesbank. If the Ergon publishing company suffers a greater loss proven to be caused by delayed payment, Ergon publishing company will be entitled to enforce this. The Ergon publishing company will be entitled to enforce any greater loss suffered that is caused by delayed payment. We reserve the right to ownership in the delivered goods until payment has been made in full.

§ 4 Unavailability proviso We reserve the right to refrain from carrying out your order, if the ordered goods are unavailable as a result of the ordered book no longer being in print. In this case, we will immediately inform you of the unavailability and if necessary promptly reimburse the already paid purchase price.

§ 5 Charges and shipment costs Our charges are retail prices in Euro. They contain the statutory valued added tax. No shipping costs will accrue for deliveries within Europe. The following shipping cost will accrue for deliveries to States not within Europe: - for shipment by land: 3,50 Euro per each started kg of the weight of goods - for shipment by air: 12,50 Euro per each started kg of the weight of goods

§ 6 Set-off, retention The buyer is only entitled to claim set-off, if it is established that the buyer’s counterclaims are legally binding, or if the Ergon publishing company accepts the counterclaims. Moreover, the buyer will only be authorised to exercise the right of retention in so far as the buyer’s counterclaim is based on the same contractual relationship.

§ 7 Retention of title The delivered goods will remain the property of the Ergon publishing company, until full settlement of all existing claims against the buyer.

§ 8 Warranty as to defects and liability Should a defect of the purchase object represented by the Ergon publishing company exist, the Ergon publishing company is entitled to choose whether to remedy the defect or replace the goods. If the Ergon publishing company is not prepared to remedy the defect or replace the goods, or not in the position to, or delays to do so beyond a reasonable period of time, for reasons that the Ergon publishing company indicates, or fails in any other way to remedy the defect or replace the goods, the buyer will be entitled to choose to withdraw from the contract or require a reduction of the purchase price. Wider claims by the buyer, so far as nothing else arises, regardless for which legal reasons, are excluded. The Ergon publishing company is therefore not liable for any damages that did not occur on the item of delivery itself; in particular, the Ergon publishing company will not be liable for lost profit or for any other pecuniary loss to the buyer. Personal liability of employees, representatives and agents will be effective to the extent that the liability of Ergon publishing company is excluded or limited. Direct limitation of liability will not be effective; to the extent that the cause of damage is based on intention or gross negligence. Furthermore, it will not be effective when the buyer’s claims are based on §§ 1, 4 Produkthaftungsgesetz, claims based on absence of warranted quality or claims for compensation for non-performance pursuant to §§ 463, 480 Abs. 2 BGB. The same will be applicable by initial inability or to justifiable impossibility. If Ergon publishing company negligently breaches an essential contractual duty or obligation, the  liability for damages for material or personal damage will be limited to the general loss incurred. Warranty will be limited to twelve months, taken from the time of the transfer of risk. This time period is a statutory period of limitation and will also apply to claims for compensation for consequential damages, provided that no other claim in tort is brought.

§ 9 Applicable law and jurisdiction German law applies, with the exclusion of the UN Convention on Contracts for the Sale of International Goods. The forum for jurisdiction is Würzburg.

Ergon-Verlag GmbH
Director: Dr. Hans-Jürgen Dietrich
Keesburgstr. 11
D-97074 Würzburg

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