General Terms and Conditions (GTC)

Section 1 Scope

1.1
These General Terms and Conditions as amended from time to time apply to all business relations and contracts which are initiated and/or effected between Kubon & Sagner GmbH and customers (hereafter referred to as “the Customer”) via the website of Kubon & Sagner GmbH (www.kubon-sagner.com). Kubon & Sagner GmbH will hereafter be abbreviated to “K&S”.

1.2
These General Terms and Conditions apply exclusively. Contrary terms and conditions, deviating from these Terms and Conditions, are not recognised unless K&S has expressly agreed to different terms and conditions in individual cases in writing.

1.3
These General Terms and Conditions are to be found directly on the website www.kubon-sagner.de from where they can be downloaded, saved and printed.

 

Section 2 Registration

2.1
Where the Customer is required to first register with K&S before ordering goods, multiple registration using different names or addresses is prohibited. After successfully completing the registration process, the Customer is authorised to access K&S’s online ordering system.

2.2
Authorisation can be withdrawn by K&S at any time and without giving reasons.

 

Section 3 Conclusion of the contract

3.1
Goods are only sold in regular consumer quantities. The range of K&S’s products posted on the website does not constitute an offer as defined by Sections 145 ff of the German Civil Code (BGB). The presentation of products is subject to change and is not binding.

3.2
By sending an order to K&S over the Internet (by clicking on "submit order"), by e-mail, telephone, fax or other communication channel, the Customer submits a binding offer to conclude a purchase agreement with K&S. The Customer will receive confirmation of receipt of the order by e-mail (confirmation of receipt of order) with the order data listed. This confirmation of receipt of order does not constitute acceptance of the offer but serves only to inform the Customer that K&S has received the purchase order.

3.3
The agreement with K&S comes into effect when K&S accepts this offer by sending the product ordered to the Customer and/or confirming the order by e-mail (order confirmation). For products from one and the same order which are not listed in the order confirmation, no purchase agreement shall come into effect. With the “advance payment“ method of payment (see Section 6, subsection 4) the purchase agreement comes into effect as soon as the order is placed by the Customer and the request for advance payment is sent by K&S. If K&S cannot accept the Customer’s offer, the Customer is informed about the non-availability of the product instead of acceptance of the order. Any payments already made by the Customer will be refunded immediately.

 

Section 4 Prices

4.1
With publishers’ products that are subject to statutory price maintenance, i.e. the retail price is not fixed by K&S but by the publisher, changes in prices by the publishers are binding for the Customer. The Customer shall be explicitly informed about this by K&S prior to acceptance of the order.

4.2
[For Europe:] All prices include statutory value added tax. [For the US:] Please note that the prices indicated in Euros apply to Europe. Customers in the US will be billed in US dollars. Discounts for libraries are subject to negotiation.

 

Section 5 Delivery and delivery costs

5.1
K&S is entitled to partial deliveries and partial billing, provided these are reasonable for the Customer. K&S charges only the actual postage and packing costs incurred. If there are any delays in delivery, the Customer shall be informed promptly.

5.2
Shipping costs to be paid by the Customer are automatically calculated according to the weight of the books from the shopping cart (for periodicals according to information from the publisher). If K&S cancels an order item for reasons other than at the Customer’s request, for example, because a product is no longer available, shipping costs are not recalculated.

5.3
Goods imported to countries outside Germany may be subject to restrictions on export and to import duties to be paid by the Customer. These vary from one customs territory to another. The Customer is liable for payment of the applicable customs duties and charges.

5.4
If the Customer makes use of his right to cancel in accordance with Section 11 of the GTC below, he shall bear the costs for returning the goods if the goods delivered correspond to the order and if the price of the goods to be returned does not exceed an amount of 40.00 euros or, if the value is higher, if the customer has not provided payment or a contractually agreed partial payment at the time of the cancellation.

 

Section 6 Due date, payment and reservation of title

6.1
K&S only accepts the methods of payment indicated to the Customer during the order process. Provided that K&S has a valid e-mail address for the Customer, the invoice will be sent by e-mail or by post. Unless the Customer is in credit through the direct debit system, the amount due, plus handling charges (flat rate of 10.00 euros) and bank charges (flat rate of 10.00 euros) will be invoiced.

6.2
If the Customer is in default of payment, K&S is entitled to charge interest on arrears at a rate of 5 percent above the European Central Bank’s base interest rate. K&S’s right to claim higher compensation for damages and higher interest remains unaffected by this.

6.3
The purchase price and any shipping costs incurred are subject to subsection 6.4 below due upon invoicing. For payment by direct debit or credit card, the relevant amount will be debited on the same day the invoice is issued.

6.4
K&S reserves the right, particularly with first-time customers and in cases where at the time of receipt of an order outstanding invoices are already included in the dunning run, to demand an advance payment of the full purchase order value. The same applies if the value of all orders, the total of outstanding invoices or orders already shipped exceeds an amount of 200.00 euros at the time when a new order is placed. Further, every Customer whose credit items reach or exceed 30 percent of the total amount he has been invoiced to date shall be requested to pay in advance. The order will be processed after receipt of payment.

6.5
The Customer is entitled to set-off only if and insofar as his counterclaims are established by a court of law, undisputed or recognised by K&S. The Customer is only entitled to exercise a right of retention if his counterclaim is based on the same purchase agreement.

6.6
All goods remain the property of K&S until they have been paid for in full (reservation of title in accordance with Section 449 of BGB). Should the Customer have resold the goods prior to full payment, his claims against the third party shall be considered to be assigned to K&S.

 

Section 7 Warranty and guarantee

7.1
K&S will be responsible for any defects existing upon delivery of the goods within the framework of the statutory provisions. For agreements with consumers in accordance with Section 13 of BGB, the warranty period shall be two years from delivery of the merchandise.

7.2
For orders by Customers who are entrepreneurs in accordance with Section 14 of BGB, the warranty period shall be limited to one year.

7.3
K&S expressly does not guarantee the quality or other properties of the goods (Sections 443 and 447 of BGB).

 

Section 8 Liability

K&S does not accept liability for minor negligent breaches of duty, provided that this does not concern guarantees or contractual obligations, i.e., obligations whose fulfilment is the basis for the proper execution of the contract and the observance of which the contractual partner regularly relies on and may regularly rely on, it does not apply to damages from injury to life, body or health, claims under the German Product Liability Act remain unaffected. The same applies to breaches of duty by our vicarious agents.

 

Section 9 Data protection

The Customer authorizes K&S to process, store and use data received in connection with this business relationship in compliance with the data protection laws. The data shall not be passed on to third parties.

 

Section 10 Periodicals

The prices specified in our price lists are valid for the relevant calendar year (1 January to 31 December), subject to changes by foreign suppliers. Any change, price increase or price reduction will be immediately passed on to the Customer by K&S. Libraries, bookshops and subscription agents shall receive a corresponding discount.

In the event of loss of goods, K&S assumes no liability for the loss of the merchandise, provided that this loss is not caused by a wilful grossly negligent breach of obligation by K&S. No credit notes can be provided if an issue is lost in the post through no fault of K&S’s and relevant replacement copies are no longer available on the market.

The Customer shall send a complaint regarding missing issues immediately after receipt of the following issue and no later than three months after publication, so that K&S can immediately process the complaint.

Each subscription handled by K&S has its own subscription number. The subscription number is six digits long and always begins with a “3”. It is quoted in the invoice on the left next to the heading in the second line. It remains unchanged from year to year. The Customer should always quote this subscription number, particularly concerning complaints, to enable efficient processing.

Subscriptions for the following year are renewed every October. The Customer will receive the advance invoices well in advance in order to guarantee a continuation of subscriptions without interruption.

Cancellation of subscriptions is only possible at the end of the calendar year. The cancellation must be received by K&S in writing by 1 October at the latest. Non-payment of an invoice does not lead to cancellation of the subscription!

 

Section 11 Right of withdrawal

The right of withdrawal shall apply solely to consumers in accordance with Section 13 of German Civil Code [BGB].

- Cancellation policy -

Right of withdrawal

You can cancel your contract within 14 days in writing (e.g. letter, fax, e-mail) without giving any reasons or – if you receive the goods before the expiry of this period – by returning the goods. The period of grace begins with receipt of this cancellation notice in writing by K&S, but not before  the goods have been received by the Customer (in the case of recurring delivery of similar goods not prior to the delivery of the first partial delivery) and also not before fulfilment of our obligations to supply information in accordance with Article 246 Section 2 of the Introductory Act to the German Civil Code (EGBGB) in conjunction with Section 1, subsections 1 and 2 of EGBGB and our obligations in accordance with Section 312e, subsection 1, sentence 1 of BGB in conjunction with Article 246, Section 3 of EGBGB. In order to meet the cancellation deadline, it suffices to send the cancellation notice or return the goods in time.

 

The cancellation must be sent to:

Kubon & Sagner GmbH, Heßstr. 39/41, 80798 München (Germany)

E-Mail: postmaster@kubon-sagner.com

Fax: +49 (089) 54218-218


Effects of cancellation

In the event of a valid cancellation, the goods and payments received by either party are to be returned and any benefits drawn (e.g. interest) refunded. If you cannot return the goods received to us, or can only return them in part or in a deteriorated condition, you may be obliged to pay compensation for this. This shall not apply in the event that the deterioration of the surrendered goods is due to the inspection of the goods – as it would have been possible in a shop. Moreover, you may avoid any obligation to pay compensation for any deterioration of the goods caused by the intended use by not using the goods as your own property and refraining from all actions that may affect their value.

Goods that can be sent by post are to be returned at our risk. You have to pay the return postage costs yourself if the received goods correspond to what you ordered and the price of the goods does not exceed 40 euros or, if the value is higher, if you have not provided payment or a contractually agreed partial payment at the time of the cancellation. Otherwise, return delivery will be free of charge for you. Goods that cannot be sent by post will be collected from your premises. Obligations to refund payments must be met within 30 days. This period will commence for you on the date you sent the notice of cancellation or returned the goods and for us, following receipt of them.

- End of the cancellation policy -


Notes:

1.
The right of withdrawal is ruled out for contracts

a) concerning the supply of goods, which by their nature are not suitable for return shipment (e.g. ebooks, downloads, etc.);

b) concerning the supply of audio or video recordings or software, when the package has been opened or the seal has been broken, and

c) for the supply of newspapers, periodicals and magazines, unless the consumer concluded the contract over the telephone. Otherwise, the legal provisions apply in accordance with Section 312d, subsection 4 of BGB.

2.
If goods are returned without product packaging, the Customer has to pay compensation for lost value if necessary.

 

Section 12 Ebooks

12.1
Acceptance of the purchase agreement concerning ebooks and their delivery is effected by sending an e-mail with a link for downloading the ebook to the e-mail address that the Customer has registered with K&S.

12.2
Acceptance of the purchase agreement concerning an ebook in EPUB format is carried out by providing the download link on the homepage in the secure member’s area. As soon as the link to download is activated by the Customer, the risk shall be transferred to the Customer.

12.3
K&S does not transfer ownership of ebooks and audio book downloads (hereafter referred to as “downloads”) to the Customer. The Customer acquires the simple, non-transferable right to use the purchased titles for personal use only in the way they are supposed to be used in accordance with copyright law. The Customer is permitted to download the MP3 files three times and to make a total of three copies for personal use only. Furthermore, the Customer is not permitted to make content-based or editorial changes or to use modified versions of the downloads or to provide copies to third parties or to make them publicly available, resell, offer or forward them through the Internet or other networks, whether or not for any commercial purposes.

12.4
A transfer of rights to third parties in excluded. The downloads are individually marked several times with inaudible and non-erasable digital watermarks during the download process, so that investigation and prosecution of the original Customer is possible in the event of misuse.

 

Section 13 Privacy

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.  By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

 

Section 14 Addresses

14.1
Providers and contracting parties of the services offered on this website:

 

Kubon & Sagner GmbH

Heßstraße 39/41

80798 München (Germany)

Telephone: +49 (089) 54218-0

Telefax: +49 (089) 54218-218

E-Mail: postmaster@kubon-sagner.com

Managing directors: Stefan Baumgarth, Sabine Sagner-Weigl

VAT identification number: DE 811194845

Mitglied im Börsenverein des Deutschen Buchhandels: 46592

District court: Kubon & Sagner GmbH, München HRB 76479

 

14.2
The return address is indicated on the delivery note/invoice.

 

Section 15 Final provisions

15.1
Contracts are concluded in German only. Contractual relationships between customers and K&S shall be governed by German law, excluding both reference to private international law and the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer is the end consumer, the law of the country of residence of the Customer might also be applicable, provided that it concerns obligatory consumer rights provisions.

15.2
If the Customer is a business entity, Munich is the exclusive place of jurisdiction for all claims arising in connection with the business relationship. K&S is however entitled to sue the Customer at his local court.