General Terms and Conditions of Business of Schattauer GmbH

1. Scope and conclusion of contract:
Orders are accepted only according to these terms and conditions of delivery and payment in the version valid at the point in time of the order. The offer in our webshop is directed at the consumer within the scope of § 13 BGB (German Civil Code). According to this section of the BGB, consumers are natural persons who conclude a legal transaction that is based neither on a freelance activity nor on a commercial activity. It is also aimed at doctor's practices, small group practices, and other small companies or facilities for which the group of users generally does not exceed three natural persons. Larger companies, institutes, government offices, clinics, larger group practices, and so on, which would like to use our offering, should contact us under: info@schattauer.de. Contracts with Schattauer are concluded only in German. The presentation of a product in the webshop is not a binding offer, but rather an overview, and presents a possibility to make a binding offer to purchase the product. The customer makes the offer by pressing the "Buy" button in the bookshop to order. After sending the order, the customer receives an order confirmation by e-mail. This confirmation, however, is not an acceptance of the offer, but rather only information regarding the receipt of the order. An order is not considered to have been accepted until a delivery has been performed. The latest edition will always be provided unless something else was expressly ordered. If a title is not available, the publisher will send a notification. Titles that are not available in the short term are preordered. In this case, the contract does not come into being until the product is delivered to the customer at a later point in time.

2. Special contractual conditions for certain products, such as E-books and digital products
Electronic media (with the exception of e-books) are not subject to retail price maintenance. The ownership of the respective content is not purchased, but rather a simple, non-transferable right of use, unlimited by time, which authorizes the buyer to personal use only. Passing on the content to third parties, editing, copying, or reproduction, distribution, publication, or publicizing, independently of in digital or analog form, is not permitted. Copyright notices may not be removed. Commercial use requires previous permission from Schattauer and special licensing. Schattauer e-books are provided with DRM protection (digital rights management) in the form of a digital watermark. In this way, the content is protected against illegal copying. Digital watermarks enable ascertainment and prosecution in case of misuse. The transfer of e-books or other digital products onto mobile terminal devices or several computers may require special software for transmission and use. This software is not part of the contract and not provided by Schattauer. It may be subject to its own terms and conditions of licensing and use. In "pay per view" purchase of an individual journal article the document is provided for download in PDF format. Users who are registered and logged in at the time of purchase will continue to have free access to this article.

3. Revocation instruction:

"Consumers have legal right of revocation. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed to a commercial or freelance activity (§13 BGB (German Civil Code))."

Right of revocation:
You have a right to revoke this contract within 14 days without a specification of grounds. The right of revocation amounts to 14 days from the day on which you or a third party who is named by you and who is not the carrier gained possession of the last partial shipment or the last item. To exert your right of revocation, you must inform us, Schattauer GmbH, Verlag für Medizin und Naturwissenschaften, Hölderlinstraße 3, in 70174 Stuttgart, Germany, phone: +49-711-22987-0, Fax: +49-711-22987-85, e-mail: info@schattauer.de, about your decision to revoke this contract with a clear declaration (e. g., by a letter sent by post, fax, or e-mail). You can use the provided Initiates file downloadsample revocation form, but the use of this form is not mandatory. To observe the revocation period, it suffices when you send the notification for the exertion of the right of revocation before the revocation period has expired.
Consequences of the Revocation:
If you revoke this contract, we may return all payments that we have obtained from you, including delivery costs (with the exception of additional costs arising from the circumstance that you have chosen another type of delivery than the standard, most affordable delivery that we offer), immediately and within 14 days from the day on which we received the notification of your revocation of this contract at the latest. For this repayment, we will use the same means of payment that you used for the original transaction unless otherwise expressly agreed with you; under no circumstances will you be charged a fee for this repayment. We can refuse the repayment until we have received the goods again or you have provided proof that you have returned the goods, depending on which is the earlier point in time. You must return and hand over the goods immediately and in any case within 14 days of the day on which you informed us about the revocation of this contract to us at Schattauer GmbH, Verlag für Medizin und Naturwissenschaften, Hölderlinstraße 3, 70174 Stuttgart. The period is considered to be observed if you return the goods before the period of 14 days has expired. You bear the direct costs for the return shipment of the goods. You are liable for any loss in value of the goods only if this loss in value is due to a handling of the goods that cannot be attributed to your check of the composition, properties, and function of the goods.
End of the revocation instruction.
Exclusions from the right of revocation:

Insofar as nothing else is agreed, the right of revocation is excluded under the following circumstances: Contracts for the delivery of goods manufactured according to customer desire or according to the customer's personal needs (e. g., print on demand) or goods which are not suited for a return shipment due to their composition (e-books, downloads, etc.). Contracts for the delivery of CDs, videos, DVDs, and software insofar as they have been opened by the buyer. The exclusion of the right of revocation in these special cases is also pointed out during the ordering process, and the consent of the buyer is explicitely requested.

4. Price and retail price maintenance:
All specified prices are final prices and contain the respectively valid valueadded tax. The publications are calculated in euro (€). The store prices legally determined by the publisher valid on the day of delivery apply. Books that are not subject to retail price maintenance are especially labeled by the publisher. Schattauer reserves the right to make price changes.

5. Terms and conditions for payment: The invoice is due for payment without deduction upon receipt by the customer. In individual cases, the publisher reserves the right to deliver only in case of advance payment. Payments in foreign currencies will be credited at the respective current rate of exchange of the banks under the settlement of any fees incurred. Check payments will be accepted only subject to redemption. The publisher may refuse further delivery if the payment of the due receivables does not take place immediately after the first payment reminder. In case of default of payment, all open invoices are due immediately. Reminder fees and interest for late payment will be calculated to the legally permitted amount. If invoices from deliveries and services are paid using the SEPA direct debiting method, the customer will receive advance notification of the direct debt procedure at least one day before the due date.

 

6. Reservation of property rights:
The delivered goods remain the property of the publisher until the complete payment of all receivables from prior and future deliveries.

7. Journals:
Journal orders are considered to be subscription orders insofar as they are not recognizable as individual orders. Delivery and calculation start from the journal number listed in the order. Subscriptions with delivery addresses outside of Germany, Austria, and Switzerland all start with the first issue of the current calendar year. If not otherwise agreed or specified, the subscription duration will automatically renew for another year. Orders must be canceled at least 8 weeks before the beginning of the year. Order cancellations received later cannot be taken into consideration until the next deadline. Journal subscriptions are calculated annually one year in advance. They are subject to the conditions and terms of payment defined under Section 5. In case of a payment not received within the proper period, the delivery of the magazine may stop until the payment is received or take place only with advance payment as of the following subscription year.

8. Delivery:
Unless expressly agreed otherwise, all deliveries take place with a fixed invoice. Schattauer reserves the right to make partial deliveries. We deliver at the cost and risk of the recipient. The buyer must make any complaints regarding any transport damage to the respective transport company. For the shipment of individual orders within Germany, no shipping or packaging costs are calculated, with the exception of journals. For other countries, a shipping cost lump sum applies:
for Austria/Luxembourg: € 3.95
for Switzerland/Liechtenstein: € 12.95
for all other European countries up to a goods value of € 100.00: € 8.00
for all other European countries with a goods value greater than € 100.00: € 17.00
for all deliveries outside of Europe up to a goods value of € 100.00: € 15.00
for all deliveries outside of Europe with a goods value greater than € 100.00: € 32.00
The publisher is not liable for shipments lost or damaged during transport. The publisher does not guarantee the observance of a certain delivery deadline. Damage claims due to late delivery are excluded.

9. Complaints (liability for defects, warranty):
Complaints due to proven defects must be received by the publisher in writing within two weeks of the receipt of the delivery with the specification of the invoice number and invoice date. Any postage paid will be reimbursed. Books with hidden manufacturing defects, however, will also be exchanged later if the book title is still available. The liability for defects is based on the legal provisions. Warranty claims that go beyond this circumstance and claims for compensation are excluded. This does not apply in cases of premeditation or coarse negligence, in case of injury to life, body, or health, in case of a culpable violation of an essential contractual obligation that endangers the purpose of the contract, or in case of non-observance of one of the guarantees provided by the contract.

10. Final provisions:
Agreed deviations from these terms and conditions of delivery and payment must be made in writing. The place of fulfillment and jurisdiction for all claims arising directly or indirectly from our deliveries is Stuttgart or Hamburg insofar as legally permissible. Jurisdiction in transactions with merchants, legal persons, according to public law, or special assets is also Stuttgart or Hamburg. For the assessment of the overall legal relations with the customer, the law of the Federal Republic of Germany applies, under the exclusion of any conflicts of laws from other legal systems. The application of the UN Convention on Contracts for the International Sale of Good (CISG) is excluded. These terms and conditions of delivery and payment apply until the publisher revokes them or announces a new version.

11. Severability clause
Should one or several of the above provisions be or become ineffective or contain a loophole, the remaining provisions shall remain unaffected. Deviating conditions must be expressly agreed in writing. The respective legal provisions take the place of the ineffective or missing provisions.

Stuttgart, June, 12th. 2014

Schattauer GmbH
Verlag für Medizin und Naturwissenschaften
Hoelderlinstraße 3
70174 Stuttgart, Germany
Telephone: 0711 – 2 29 87 – 0
Telefax: 0711 – 2 29 87 – 50
E-mail: info@schattauer.de
Internet: www.schattauer.de

Chief executive officers:
Dieter Bergemann,
Dipl.-Psych. Dr. med. Wulf Bertram, Jan Haaf

German Commercial Register:
Stuttgart Municipal Court – Court of Record: HRB 3357
VAT Reg. No:
DE 147831168