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General terms and conditions of Schattauer Publishers

Prices and postage costs:
Listed prices are all final prices given in Euro (EUR), and include statutory rates of  VAT. Orders above EUR 50 are delivered free of charge. For orders below this, an additional fee of EUR 2.50 is calculated. Express deliveries are subject to additional despatch costs. Deliveries overseas are made only after advance invoicing. In this case, the appropriate despatch costs will be debited.

Payment conditions:
The sale price is due without deduction immediately after receipt of goods. If payment is delayed, Schattauer GmbH is entitled to charge interest at a rate of 5% above the respective base interest rate of the European Central Bank. When payment is delayed, the sum total of the remaining debt is payable. The Publisher reserves the right to pass any additional costs arising from delayed payment onto the customer. Payment can be made by credit card (Visa, Eurocard, Mastercard, Amex), direct debit or advance invoicing.

Terms of delivery:
Products are delivered as quickly as possible (usually within 14 days). Delivery is by mail only. The Publisher is not liable for third party negligence leading to delays in delivery. The purchaser assumes responsibility once the shipment has been passed onto the transport carrier. Possible complaints about damage caused during transport should be dealt with by the customer with the respective transport carrier. Damage caused during transport must be confirmed by the carrier. Complaints must be made in writing within one week. Binding delivery dates must be made in writing. The agreed terms of delivery begin when the order has been confirmed. The time limit is honoured once the goods have been sent before due date. We reserve the right  to withdraw from the contact when the requested title is not in stock, or is out of print and therefore unavailable. In this case we will inform you directly and, where applicable, refund the purchase price.

Cancellation Instructions
Right of Cancellation
You can cancel your contractual declaration without naming grounds in written form (e.g. by letter, fax, or e-mail) of – if you obtained the item before the cancellation time limit has expired – by returning the item within 14 days. The cancellation time limit starts after the receipt of these instructions in written form, but not before the receipt of the goods by the recipient (not before the receipt of the first partial delivery in case of the repeat delivery of goods of the same type) and also not before the fulfilment of our duty to inform according to Article 246 § 2 in connection with § 1 Para. 1 and 2 EGBGB (Introductory Act to the German Commercial Code). To meet the cancellation time limit, the cancellation (or item) must be sent in a timely manner. The cancellation should be sent to: Schattauer GmbH, Hölderlinstr. 3, 70174 Stuttgart, Germany.
Consequences of Cancellation
In case of an effective cancellation, the services received by both parties must be returned and any profit derived (e.g. interest) must be handed over. If you are unable to return the received service entirely or partially or only a worsened state, you must replace the value to the respective extent. In the case of the surrender of items, this does not apply if the worsening of the item can be traced back only to its inspection – as could be the case in a retail shop. Otherwise, you can also avoid the duty to replace the value for a worsening that arises through proper use by not using the item as if it were your property and not doing anything to detract from its value. Items that can be sent by package are returned at our cost and risk. You must bear the costs of the return shipment yourself if the delivered goods correspond to the ordered good and, in case of a high price of the item at the point in time of the cancellation, if the price of the item to be returned does not exceed an amount of EUR40 or if you have not yet rendered a service in turn or if you have made a contractually agreed partial payment. Otherwise, the return shipment is free of cost for you. We will pick up items that cannot be sent by package. Obligations regarding the reimbursement of payments must be fulfilled within 30 days. The time limit starts when you send the declaration of cancellation or when we receive the returned item.

Return Instructions
Right to return
You can return the obtained goods without a specification of grounds within 14 days through return shipment of the goods. The time limit begins after the receipt of these instructions in text form (e.g. as letter, fax, e-mail), but not before the receipt of the goods. You can also declare the return of the goods in the form of a written take-back demand only in case of goods that cannot be sent by package (e.g., bulky goods). To meet the time limit, the goods or take-back demand must be sent in a timely manner. In any case, the goods are returned at our cost and risk. The return shipment or take-back demand must be sent to the following address: Schattauer GmbH, Hölderlinstr. 3, 70174 Stuttgart, Germany.
Consequences of return

In case of an effective return, the services received by both parties must be returned and any profit derived (e.g. interest) must be handed over. In case of a worsening of the goods, a compensation of the value can be demanded. This does not apply if the worsening of the goods can be traced back only to their inspection – as could be the case in a retail shop. Otherwise, you can also avoid the duty to replace the value for a worsening that arises through proper use by not using the goods as if they were your property and not doing anything to detract from their value. Obligations regarding the reimbursement of payments must be fulfilled within 30 days. The time limit starts when you return the goods or send the take-back demand or when we receive the returned goods.

Place of fulfilment and jurisdiction:
Place of fulfilment is Stuttgart or Hamburg. Place of jurisdiction is for legal proceedings brought by merchants, corporate bodies under public law or funds under public law is also Stuttgart or Hamburg.

Severability clause:
Should any of these conditions be held invalid, this shall not affect other terms and conditions of this agreement. Deviating conditions must be expressly agreed in writing. In any instance of an invalid or unenforceable condition, the relevant legally binding condition shall apply.

General terms and conditions of Schattauer Publishers

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.

3. Revocation instruction:

Right of revocation:

The contractual declaration can be rescinded within 14 days without a specification of reasons in text form (e.g., letter, fax, e-mail) or – if the item was sent before the end of period – by returning the item. The period begins from the receipt of this instruction in text form; in the case of the delivery of the goods, however, not before the goods are received by the recipient (in the case of a return delivery of the same type of goods, not before the receipt of the first partial delivery), and, in the case of the rendering of services, not before the conclusion of the contract and respectively also not before the fulfillment of our information obligations according Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB (Introductory Act of the German Civil Code) and our obligations according to § 312g <st1:place w:st="on">Para</st1:place>. 1 Sect. 1 BGB in conjunction with Article 246 § 3 EGBGB. For the observance of the revocation period, the timely sending of the revocation or return of the item suffices. Revocation by returning the goods should be sent to: Schattauer Buch-Shop, Hoelderlinstr. 3, 70174 <st1:place w:st="on"><st1:city w:st="on">Stuttgart</st1:city>, <st1:country-region w:st="on">Germany</st1:country-region></st1:place>. Fax: +49-711-22987-85, e-mail: buchshop@schattauer.de.

Consequences of revocation:

In case of an effective revocation, the services received by both side must be returned and any benefits (e.g., interest) must be handed over. If you can return or hand over the received services and benefits (e.g., amenities of use) not at all or only partially or only in a deteriorated state, you must replace the value. For the deterioration of the item and any benefit, you must only compensate the value insofar as the benefits or deterioration are due to handing the item in a manner that goes beyond checking the properties and function. "Checking the properties and function" means testing and trying out the respective goods as is possible and usual in brick-and-mortar stores. Items to be returned by package are to be shipped at our risk. You must bear the regular costs of the return shipment if the delivery goods correspond with the ordered goods and if the price of the returned item does not exceed a value of 40 euros or, in case of a higher price of the item, if you have not yet paid the full or partial contractually agreed compensation at the point in time of revocation. Otherwise, the return shipment is free of cost for you. Schattauer will pick up items from you that cannot be sent by package. Obligations for the reimbursement of payments must be fulfilled within 30 days. For you, the period starts from the moment you send the revocation declaration or the item; for us, it starts with receipt.

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.

4. Price and retail price maintenance:

All specified prices are final prices and contain the respectively valid value-added 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 <st1:country-region w:st="on">Germany</st1:country-region>, <st1:country-region w:st="on">Austria</st1:country-region>, and <st1:place w:st="on"><st1:country-region w:st="on">Switzerland</st1:country-region></st1:place> 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 <st1:place w:st="on"><st1:country-region w:st="on">Germany</st1:country-region></st1:place>, 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 <st1:city w:st="on">Stuttgart</st1:city> or <st1:place w:st="on"><st1:state w:st="on">Hamburg</st1:state></st1:place> insofar as legally permissible. Jurisdiction in transactions with merchants, legal persons, according to public law, or special assets is also <st1:city w:st="on">Stuttgart</st1:city> or <st1:place w:st="on"><st1:state w:st="on">Hamburg</st1:state></st1:place>. 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, 29 August 2013


Schattauer GmbH
Verlag für Medizin und Naturwissenschaften
Hoelderlinstraße 3
70174 Stuttgart, Germany

Telephone: +49-711-22987-0
Telefax: +49-711-22987-50
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