General Terms And Conditions Of Business

General Terms & Conditions of Business / Security, delivery and payment conditions


§ 1 Area of Application
(1) These conditions of delivery and payment are binding for all business transactions with the FNverlag of the Deutsche Reiterliche Vereinigung GmbH, based in D-48231 Warendorf.
(2) The order will only be accepted and delivery exclusively effected based on these terms and conditions. Deviations are only effective if they are confirmed in writing by the publishing company. The FNverlag has to be informed in writing of the non-acceptance of these terms and conditions, in part or in whole, or the goods that have already been delivered must be returned in full in perfect, saleable condition (see § 5, para. 3) , otherwise no objection is deemed to have been raised.
 
§ 2 Registration
(1) If you would like to order goods online from FNverlag, you have to register beforehand as a customer in the system of the FNverlag. Multiple registration under different names or addresses is prohibited. You are considered to be registered and authorised as a customer once the correct registration procedure has been effected.
(2) This authorisation can be revoked by the FNverlag at any time and without having to provide justification therefore. The FNverlag is entitled in such a case to block the user name and corresponding password immediately.
 
§ 3 Contract Conclusion
(1) Orders are considered to be accepted once the order has been acknowledged. This generally takes place at the same time the invoice is issued and/or goods are delivered. The mere confirmation of receipt of your order per e-mail by the online shop does not constitute the conclusion of a contract.
(2) Order confirmations, the delivery and invoice documents as well as the goods themselves should be checked immediately upon receipt so that any possible deviations from the order can be reported to the FNverlag immediately. In the event of discrepancies, if you or the FNverlag should demand that the order be revoked, you are not allowed to open the consignment or the individual goods, more than necessary to determine the extent of the damage. Otherwise you have to bear the costs for any loss in value ensuing from having unnecessarily opened the goods. The goods are to be returned exclusively to the address of the FNverlag. The costs for the return shipment will be borne by the FNverlag, if you didn’t recognise the discrepancies before delivery and were able to inform us promptly. You are responsible for carrying all other costs for any other return consignments as well as the costs for return consignments that have not been approved by us.
 
§ 4 Delivery and Shipping Costs
(1) For online orders within Germany delivery is effected free of charge to private customers for orders to the value of at least 20.00 Euros. The shipping costs for orders of up to 20.00 Euros amount to 3.00 Euros. Where possible the goods will be delivered within three working days after receipt of the order! The delivery period can be accordingly longer in special cases. A contribution for shipping costs is charged on orders from distributors. Orders from abroad are only shipped when payment is effected by credit card or PayPal and a contribution for the shipping costs is also charged for such orders. The goods are sent out within the stated delivery periods. You can enquire the incurred shipment costs before placing your order per telephone on +49-(0)2581-6362-154 or –254, per fax on +49-(0)2581-6362-212 or per e-mail at vertrieb-fnverlag@fn-dokr.de. The delivery is effected from the offices of the FNverlag at a fixed price at the expense and risk of the orderer, provided that no written explicit agreement, which deviates from the General Terms & Conditions of Business, has been drawn up.
(2) Only the following payment methods are possible for the delivery of orders with an invoice value of 60.00 Euros upwards: Payment on delivery, direct debit (direct debit is not possible for new customers), credit card payment or PayPal payment, unless otherwise explicitly agreed. Orders from abroad are only shipped when payment is effected by credit card or PayPal.
(3) Specific delivery dates can not be guaranteed for new publications and new issues. The FNverlag reserves the right to make price alterations if the delivery period between order placement and delivery stretches over several months. Where necessary the delivery can be effected in part consignments.
(4) Books, CD ROM's, videos, magazines as well as other goods we supply are sent out using favourably priced forwarding methods at our discretion. Particular dispatch provisions or dispatch requests have to be stated in unmistakable terms for each individual order. In the event that subscription orders are to be delivered to a different address, the FNverlag reserves the right to charge for the additional costs or, where applicable, to reduce the discount terms.
 
§ 5  Right of Revocation
(1) As our customer you have the right to revoke your purchase contract without having to state any specific reason within 14 days after receipt of the goods, by promptly informing us of your revocation in writing or by returning the goods in perfect and saleable condition (see § 5, para. 3). The punctual return shipment of the goods suffices as maintaining the stipulated period of time. If you return the goods, as the customer, you carry the responsibility for providing proof of the dispatch and receipt of the returned goods.
(2) In the event of a revocation you, as the customer, are obliged to pay the costs of the return shipment for goods up to the value of 40 Euros in accordance with the German Distance Selling Law. If the revocation is made within the stipulated period you are no longer bound to the purchase contract and the FNverlag will reimburse you with the purchase price (where applicable with a deduction for any reduction in value). Any return shipment costs paid by the publishing company that should have been paid by you as the customer, will also be deducted from the purchase price to be reimbursed. This also applies for any bank transfer fees for overseas payments.
(3) Books may be taken out of the individual packaging and leafed through in order to check that they are free from defects. However, we reserve the right in the event of any usage beyond this on your part to charge you for the reduction of value caused by any damage and where applicable for the costs of the usage. This particularly applies to the goods from our FN-Collection. In the case of shrink-wrapped or otherwise sealed CD-ROMs, videos or other software, the right of revocation expires immediately if these were verifiably opened or are no longer shrink-wrapped or sealed. In the event of a revocation where the goods prove to be substantially impaired or lost, you are obliged to compensate the corresponding reduction in value. If you have already paid the purchase price, the FNverlag is entitled to deduct the reduction in value from the amount that has to be reimbursed to you. This reduction in value can in specific individual cases also correspond to the full purchase price. The right of revocation is ruled out for the delivery of newspapers; goods that have been manufactured according to the specifications of the customer (for instance individual books or books on demand); for the delivery of import articles, if these are designated as being such in the detailed description.
(4) According to the Distance Selling Law, if the goods are returned to the publishing company although the revocation is ruled out or in the event of an unauthorised revocation, the orderer is obliged to carry the costs for the return shipment and for the renewed delivery.
 
§ 6 Reclamations and Right to Return Goods
(1) Reclamations of goods will only be considered if filed within 14 days after receipt of the consignment, provided that the invoice, delivery note or other original dispatch documents are also submitted. Authorised reclamations entitle the orderer to a replacement delivery or exchange of the books or other goods, an amendment or credit note at the discretion of the FNverlag. Any further entitlements, in particular the right to compensation are ruled out. The FNverlag provides no replacement for books or other goods that have been damaged or lost during transportation. The recipient must report such damages to the transport company (mail, railway or forwarding company, other parcel services or commission agent) immediately and settle the issue with the aforesaid directly.
(2) Return shipments on the basis of a conceded right to return goods will only be accepted during the determined period. Whereby, it is only possible to return the goods if the goods of the return consignment are in perfect and saleable condition. Return shipments without correct and complete paperwork for the returned goods cannot be accepted. Copies or goods that are not in perfect condition and unauthorised return shipments will be sent back at your own cost and risk.


 § 7 Payment and Due Date
(1) The FNverlag accepts only the payment methods offered to the respective customer during the online ordering process. In the event that a direct debit is returned or in case of non-payment thereof, you are herewith obliged to irrevocably authorise your bank, to inform us of your name and the current address.
(2) The invoiced amount is generally payable immediately after receipt of the shipment as a net amount, provided that no deviating payment arrangement has been agreed upon. All orders from abroad are payable exclusively per credit card or PayPal. Cheques will only be accepted in lieu of payment. Discount and bank charges are to be paid immediately in full by you as the customer in cash.
(3) If a term of payment is exceeded all further outstanding FNverlag invoices and accounts become due immediately regardless of previously determined terms of payment. We reserve the right to charge interest on arrears at the rate of 5% above the base interest rate of the European Central Bank plus the normal bank commission, however, at least  8%, commencing from the due date, without a further overdue notice being necessary. The FNverlag is furthermore entitled to refuse to deliver further consignments. For you as the purchaser retention rights or set-off rights are ruled out.
 
§ 8 Retention of Title
(1) The delivered goods remain the property of the FNverlag up until complete payment of the invoice amount or until the cheques submitted as payment are cashed including all outstanding invoices and all ancillary claims. The retention of title is a security for any money owing to the FNverlag for open accounts.
(2) If you as the purchaser are an attested distributor, you are entitled to sell the delivered goods following normal business procedures, up until a possible revocation, but you are not entitled to pledge the goods or assign them as a security. Claims ensuing from the resale of goods to third parties, where applicable also part claims to the value of the purchase price claims due to the FNverlag are deemed once they arise to be assigned over to the FNverlag together with all security rights. As the purchaser you are authorised to collect the assigned claims, as long as you settle your payment obligations with us. On the request of the FNverlag you are obliged to announce the assignment to the third-party debtor and to reveal immediately the name, address and total amount of the individual claims against the third-party debtor to the FNverlag. As the purchaser you are obliged to object to third-parties having access to the delivered goods subject to retention of title and in such a case you must inform the FNverlag immediately.
(3) You as the purchaser are obliged to insure the delivered goods subject to retention of title against fire, water and burglary as is customary in the trade and to prove this on request. All claims against the insurer ensuing herefrom are now deemed to be assigned to the FNverlag with regards to the delivered goods subject to retention of title.
 
§ 9 Final Clauses
In the event that a provision of these delivery and payment conditions is or becomes ineffective, the validity of the remaining provisions remain unaffected.
The place of jurisdiction for both contract partners is the office of the FNverlag, i.e. Warendorf. German law applies under exclusion of UN purchase law, even if goods are ordered from abroad or delivered to a foreign country. If your domicile or usual place of residence is abroad, Warendorf still remains the place of jurisdiction for all claims connected with your order.
 

Login

Comics