General Business Conditions Publishing
Standard Terms and Conditions 2012
1. Area of validity
For the business relationship between Andrea Hölzl Publisher edition ars porcellana (hereafter called: e.a.p.) and the customer, the following Standard Terms and Conditions are exclusively valid as amended at the time of the order.
2. Conclusion of the Contract
When you order from e.a.p., we will send you an E-mail, fax or phone you, which will act as a confirmation of your order for us and which lists the details of the order. Your order represents an offer to us for a conclusion of a contract of sale. We accept this offer when we inform you by E-mail (fax or letter) that we will send the goods. Payment in usual is due within 30 days after receiving the goods and the invoice. Bigger orders will be confirmed by fax; the printed confirmation of sending serves as documentary evidence.
The customer as far as he is concerned can cancel the contract in writing (by E-mail as well) or by sending back the goods within two weeks of having received them. The goods must be in unused condition, i.e. shrink-wrapped. Opened goods sent back are considered to be "used", i.e. viewed etc. A return transfer of the purchase price does not take place.
Guarantee of taking back:
– According to German Right, you are given a right of cancellation of your order within two weeks after having received the goods. The goods are to be sent back. The costs of postage are to be paid by the customer. For the compliance of the time limit, the sending back within the time is sufficient.
– We transfer the price of the goods to the account which you named with your order.
– It is recommended that you keep the postal receipt of an insured package until the credit entry has reached your account.
– The price of the order at the time of the purchase is relevant.
– The forwarding expenses are refunded if the goods reach you in a damaged condition or if they show defects. We ask for your understanding, that in all other cases the forwarding expenses have to be carried by you.
Return goods are to be sent back to:
Andrea Hoelzl Verlag
edition ars porcellana
Birnauer Strasse 6
As long as nothing to the contrary is agreed, the delivery is carried out from e.a.p. to the delivery address named by the customer. Details about the time limit of delivery are not binding as long as, as an exception, the delivery date was not definitely confirmed.
5. Reservation of ownership
The delivered goods remain the property of Andrea Hölzl Publisher edition ars porcellana until the payment is completed.
6. Liability for damage
If the object sold is damaged, the customer can demand a subsequent performance (remedy of defect or replacement delivery). If the subsequent performance goes wrong, the customer can withdraw from the contract in the case of significant damage, reduce the price or claim compensation.
As long as nothing else results subsequently, further on-going claims of the customer – for whichever reasons – are excluded. Therefore e.a.p. is not liable for damages which have not arisen at the delivered item itself; e.a.p. is especially not liable for loss of profit or for other pecuniary damages of the customer. The above limitation of liability is not valid if the cause for the damage is based on intent or serious negligence or if a personal injury exists. Further on it is not valid if the customer puts forward claims according to §§ 1, 4 Product Liability Law, Germany.
The period of limitation is twenty four months from the date of delivery.
7. Applicable law and court having local jurisdiction
German law is valid under exclusion of UN purchase statutes. The exclusive court having local jurisdiction for all claims in connection with the business relationship is Munich insofar as the customer is the full trader. E.a.p. is also entitled to raise its claims against full traders at another court having local jurisdiction.
E.a.p. is also entitled to raise its claims against a customer who is not a full trader at the county court in Munich, if the customer does not have a court exercising general jurisdiction in the Federal Republic of Germany or, if after conclusion of the contract, his ordinary residence or customary residence is not known at the time of raising the judicial claims.
8. Data protection and final clauses
These conditions are valid for the duration of the business relationship. E.a.p. is committed to keep confidential all data and documents concerning the customer which the publisher has in its possession and not to make them accessible to an unauthorized third person. E.a.p. is entitled in the framework of the German data protection law to store and process data about the customer for its own purposes according to § 33 BDSG (German data protection law).
The contract also stays binding in the case of the ineffectiveness of single items. Instead of the ineffective conditions, a suitable single condition is valid, which comes as near as possible to the economic purpose of the invalid condition.
Supplements and changes to the contract must be in writing in order to be valid.
9. Forwarding costs and costs of bank transfers
In addition to the calculated value of the goods, forwarding costs arise. (Except within Germany, valid for deliveries to bookshops: book delivery service: in this case the publisher pays the forwarding costs). Because the weight varies from order to order, unfortunately no estimated amounts for forwarding costs can be calculated in advance. In the case of business transactions to foreign countries and transfers of amounts of foreign currencies (not EUR) the bank transfer costs for the export country as well as for the Federal Republic of Germany are also to be carried by the customer. These costs mentioned are fixed on the basis of experience and are documented as evidence if requested.
10. Sale of the brochures in a foreign language
For the book Karin Waldis, a French and a Portuguese translation can be delivered as a stitched brochure (each costing EUR 5,-/CHF 8,-). A French translation for further book productions will be in preparation. A reproduction, copy and sale outside the translations of the professional texts into French and Portuguese delivered by edition ars porcellana are not permitted. The texts of the book authors are subject to the copyright of the author and the respective translator (French: Emmanuelle Carlier and Michèle Bartouilh-Neugebauer; Port.: Cleire de Quadros Sambo).