Standard Business Terms (SBT) for
ARNOLDSCHE Art Publishers, Olgastraße 137, D-70180 Stuttgart
§ 1 Scope of applicability
The Standard Business Terms (SBT) below apply to the business relations between ARNOLDSCHE Art Publishers and the Buyer in the version applicable at the time of ordering. In relation to resellers the standard business terms of our distributor SVK Stuttgarter Verlagskontor apply. Standard business terms that are different from, contradict or supplement these Terms will, even if we are aware of them, only become a component part of our contract if we have expressly consented to their applicability.
§ 2 Contract signing and withdrawal
ARNOLDSCHE Art Publishers has put itself under an obligation to accept the Buyer’s order on the terms indicated on the website. In case of typos or printing or calculation errors on the website ARNOLDSCHE Art Publishers is entitled to cancel the contract. This also applies in case of delivery bottlenecks.
§ 3 Delivery
Unless otherwise agreed, delivery will proceed from the delivery warehouse (SVK Stuttgarter Verlagskontor, D-71404 Korb) or another distribution partner to the delivery address given by the Buyer. Risk will pass to the Buyer as soon as the delivery leaves the ARNOLDSCHE Art Publishers delivery warehouse; this also applies if partial deliveries are being made. Indications of a delivery deadline are not binding.
§ 4 Prices
Our prices are final prices in Euro, US-Dollar or British Pound. They include the applicable statutory value-added tax. The indication of prices does not constitute an offer but merely serves as non-binding information for the customer according to our best knowledge. Only the sales price at the time of delivery is binding.
§ 5 Shipping costs
For deliveries to foreign countries, please see the applicable rates under Shipping Costs.
§ 6 Delivery dates
The period required for delivery of a publication generally takes from three to five workdays. If a book is not immediately available the Buyer will within three workdays receive notification from our distributor giving the reason for delay in delivery and the approximate delivery date known to us. Our distributor will retain the order to delivery at a later date.
§ 7 Right to cancel
Right to cancel: The Buyer may cancel his contractual declaration within two weeks without giving any reasons by doing so in written form (e.g. letter. Fax, email) or, if the item is delivered to him prior to the end of the deadline, by returning the merchandise. The deadline begins to run when this notification is received but not prior to arrival of the merchandise at the recipient nor prior to fulfilment of our obligation to inform under art 246 (2) in conjunction with sec 1 (1) and (2) of the act to Introduce the Civil Code as well as in accordance with our obligation under sec 312e (1) (1) of the Civil Code in conjunction with art 246 (3) of the Act to Introduce the Civil Code. To meet the cancellation deadline, timely dispatch of the merchandise to our distributor will suffice.
Cancellation consequences: In case of valid cancellation, performance by both parties must be returned and, where applicable, benefits derived (e.g. interest) must be surrendered. If the Buyer cannot return the performance received in full or in part, or can only do so in deteriorated condition then the Buyer must in that case provide compensation.
When items are handed over, this does not apply if the deterioration in the item is exclusively due to its being inspected, approximately as would have been possible in a retail store. The Buyer may otherwise avoid the obligation of having to compensate such deterioration caused to the item by being put to its intended use if he does not make use of the item as his own property and forgoes anything that would impair its value. Items capable of being shipped by parcel must be returned at the expense and risk of the Buyer. Obligations to reimburse payments must be met within 30 days. The deadline begins to run for the Buyer when he dispatches his cancellation declaration (or the item) and for ARNOLDSCHE Art Publishers upon its receipt.
§ 8 Due date and payment, late payment
Deliveries are invoiced in Euro, US-Dollar or British Pound. The purchase sum is due without any discount upon receipt of the merchandise. The Buyer may pay the invoice amount by credit card. If the Buyer is late in paying then the invoicing office is entitled to demand late payment interest in an amount of 5% above the base interest rate p/a set by “The Deutsche Bundesbank”. If ARNOLDSCHE Art Publishers has demonstrably sustained higher late payment damages it will be entitled to lay claim to it.
§ 9 Setoff, retention
The Buyer is only entitled to any right of retention if his counterclaims have been definitively adjudicated or if they have been acknowledged in writing by ARNOLDSCHE Art Publishers. In addition, the Buyer is only entitled to exercise his right of retention if his counterclaim is based on the same contractual relation.
§ 10 Retained title
Up through complete payment for all claims obtaining against the Buyer the merchandise delivered will remain the property of ARNOLDSCHE Art Publishers
§ 11 Warranty for defects and liability
If there is any defect in the sale item for which ARNOLDSCHE Art Publishers is responsible then ARNOLDSCHE Art Publishers will at its own option be entitled to either remedy the defect or provide substitute delivery. If ARNOLDSCHE Art Publishers or our distributor is not willing or able to remedy the defect or provide substitute delivery or if such delivery is delayed beyond a reasonable period of time for reasons for which ARNOLDSCHE Art Publishers is responsible or if remedy of the defect fails in any other way then the Buyer will at its option be entitled to cancel the contract or demand a corresponding reduction in the purchase sum.
Claims by the Buyer going beyond this, for whatever legal reasons, are barred. ARNOLDSCHE Art Publishers is not liable for damages not caused to the item delivered itself, in particular not liable for lost profits or for any other financial damages by the Buyer. Where liability by ARNOLDSCHE Art Publishers is barred or limited this will also apply to personal liability of employees, sales representatives and agents.
The above limitation of liability does not apply if the cause of the damages is due to deliberate intent or negligence. Nor does it apply either if the Buyer asserts claims under secs 1 or 4 of the Product Liability Act, claims due to the absence of assured properties or damage compensation claims for failure to fulfil under secs 463 or 480 (2) of the Civil Code. The same applies in cases of initial inability to perform or culpable impossibility of performance.
Where ARNOLDSCHE Art Publishers negligently breaches an essential condition of the contract its obligation to compensate property damages or personal injuries will be limited to the typically sustained damages.
As a general principle, obvious defects such as shipping damages, etc must be reported immediately upon delivery to the parcel service, messenger service or forwarder and at the latest within seven workdays of receipt of the merchandise reported in writing to ARNOLDSCHE Art Publishers or our distributor since otherwise no full liability for damages can be accepted on the part of ARNOLDSCHE Art Publishers.
In case of return shipments when exchanging the regular postal route must be complied with.
§ 12 Data privacy
ARNOLDSCHE Art Publishers assures its customers confidential treatment of such of their personally related data as are required for fulfilment of their order, including where the data are stored. ARNOLDSCHE Art Publishers wishes to point out that it will collect, store, process and make use of the data it receives in connection with the order where this is required for proper processing of the order. Collection, processing and use of personally related data going beyond what is required for processing and carrying out the order will require the Buyer’s explicit consent.
§ 13 Applicable law
The law of the Federal Republic of Germany applies with the exclusion of the provisions of the United Nations Convention on the International Sale of Goods (CISG). The proper venue for court action is in the courts of Stuttgart.
§ 14 Severability clause
If specific provisions of these Terms are or become void then the validity of the remaining provisions will not be impaired by this.