§ 1 General Conditions

(1) The General Conditions of Sale stated below regulate the relationship between Hatje Cantz Verlag and the customer within the scope of procurement via the www.hatjecantz.de website. Any diverging conditions on the part of the customer shall not be recognised as applicable by Hatje Cantz Verlag unless Hatje Cantz Verlag has given prior written agreement.

(2) Offers made by Hatje Cantz Verlag are subject to confirmation and are not binding. Should an ordered book not yet be published, the order will be reserved. Orders made by the customer to Hatje Cantz Verlag constitute binding offers to conclude a purchase contract. For orders from our Webshop, the customer will receive confirmation of the order.

This also applies to orders for our Collector´s Editions.

Hatje Cantz Verlag notes that orders are always subject to availability.

(3) Hatje Cantz Verlag reserves the right to make changes and improvements to its products insofar as these are reasonable and making allowance for the customer’s interests.

§ 2 Consumer’s Right
of Cancellation/Return

(1) As a consumer, your order from our Webshop is for a purpose that can be classified as being neither commercial nor part of your self-employment as a business you have a limited right of cancellation in the form of a right of return in accordance with § 312 d of the German Civil Code pursuant to § 355 of the German Civil Law.

Right of Cancellation/Right of Return pursuant to § 355 of the German Civil Code
Should you not be satisfied with the goods delivered to you or for any reason not want to keep the goods, you may exercise your right of cancellation as follows:

You may cancel your contract

  • within 2 weeks
  • without giving a reason
  • in writing (e.g. letter, fax, e-mail)
  • or by returning the goods

The 2-week period of cancellation will begin upon receipt of the instruction to cancel by the customer.

The time limit will be guaranteed by promptly sending the instruction to cancel, e.g. by post, fax or e-mail or by returning the goods.

Please send the instruction to cancel or returns to the following address:

Hatje Cantz Verlag GmbH & Co. KG
Sales Department
Zeppelinstr. 32
73760 Ostfildern

Tel.: 0711 4405-218
Fax.: 0711 4405-220

www.hatjecantz.de

You may also address any other queries or find information on Customer Services and on guarantee claims etc. here.

CAUTION:
Under § 312d BGB, the right of cancellation does not apply to Long Distance Sales Contracts for consignments of audio or video recordings or of software if the delivered data medium has been unsealed by the customer.

(2) Consequences of Cancellation:
In the event of a viable cancellation, deliveries by either party must be returned and compensation provided for use of the same (e.g. interest). You must return goods and we will refund any payment made within 30 days following the receipt of returned goods.

You shall bear the cost of returning the product if the product received matches the order and the price of the item to be returned does not exceed 40 Euros, or if you have not provided the required consideration or an agreed partial payment at the time of the cancellation. Otherwise, the return shall be free of charge.

If you are unable to return the received goods in total or in part, or perhaps only in a deteriorated condition, you will be obliged to indemnify for the loss of value involved. This does not apply to products returned if their unsatisfactory condition is due solely to testing, of a kind you could have possibly conducted in a store.

In addition, you can avoid indemnification if you have not used the product as an owner and have avoided anything that could affect the value of the product.

Goods with a value above 40 Euro that are ready and suitable for dispatch can be returned at our cost or will be collected by us or by an authorized agent. Goods not ready and suitable for dispatch will be collected.

You must perform obligations with regard to the reimbursement of payments within 30 days of sending the cancellation.

§ 3 Prices and Payments Conditions, Offsetting Payments, Delivery Times

 

(1) Prices given at the time of ordering constitute valid prices inclusive of value-added tax exclusive of delivery charges. The invoice amount is, unless otherwise arranged in writing, to be paid by credit card or advance invoice.

(2) Further details can be found in our current delivery and payment conditions.

As of spring 2007 Switzerland no longer has fixed prices for books; the prices in Swiss francs indicated on our website are suggested retail prices.

(3) The customer may not withhold payment if opposing claims result from a different contractual relationship. Should these arise from the same contractual relationship, the customer may withhold payment only in connection with undisputed or legally asserted counterclaims.

(4) The customer may offset opposing claims only in connection with undisputed or legally asserted demands.

(5) Information on anticipated delivery time is non-binding. The arrangement of a binding delivery time between Hatje Cantz Verlag and the customer must be made in writing.

§ 4 Retention of Title

(1) Hatje Cantz Verlag shall retain the title of all items delivered until all the customer’s obligations, regardless of their legal basis, in connection with the purchase are fulfilled.

(2) In the event the customer processes and/or connects the reserved good with other goods not belonging to Hatje Cantz Verlag, Hatje Cantz Verlag acquires a share of the co-title to the new good to the same proportion as of the processed good to the new good at the time of processing.

(3) If the customer acts in breach of the contract, in particular in relation to payment, Hatje Cantz Verlag shall be entitled to take back the object of purchase or to demand the transfer of the customer’s publication claims against a third party.

(4) In the event of any seizure of the reserved goods by a third party or any ceded claims, the Buyer shall point out the ownership rights of Hatje Cantz Verlag and inform it immediately by handing over the necessary documents for the intervention. The costs of intervention shall be carried by the customer.

§ 5 Warranty and Liability

(1) In the event of deficiencies in shipments of merchandise for which Hatje Cantz Verlag is accountable, Hatje Cantz Verlag shall be obliged either to rectify such deficiencies or to deliver replacement goods, as it sees fit. Should Hatje Cantz Verlag be unable to rectify deficiencies or provide adequate replacement, or if rectification/replacement is delayed for an unreasonable period of time due to circumstances for which Hatje Cantz Verlag is responsible, or should rectification/replacement fail to occur for any other reason, the customer shall be entitled to cancel the order or to demand a corresponding price reduction.

The following special provisions apply to our Collector`s Editions:
Articles in these editions are produced in small numbers and often bear the personal signature of the artist (e.g. signature, title, number, annotation, processing marks, etc.). These features are inseparable elements of the individual work of art and contribute to its unique value. They are not defects in most cases. However, we request customers who are not satisfied with an article to contact the publisher directly for the purpose of clarifying further procedures.
Articles must be returned by courier in the original packaging, if possible, or in substitute packaging which provides equivalent protection.  

(2) All additional claims on the part of the customer – regardless of their legal basis – are excluded. Hatje Cantz Verlag shall not be held liable for damages apart from those arising from the delivered product itself, and in particular not for lost profits or other losses of assets incurred by the customer.

(3) The limitation of liability described above does not apply to damage/loss attributable to malicious intent or gross negligence nor to cases involving claims filed by the customer pursuant to §§ 1 and 4 of the German Product Liability Act for absence of an assured characteristic or for compensation for damages due to non-fulfilment under §§ 463 and 480, Section 2 of the German Civil Code.

(4) In the event that Hatje Cantz Verlag fails, through neglect, to meet an obligation justifiably regarded as crucial to the fulfilment of the purpose of a contract (cardinal obligation), liability shall be limited to damages or losses judged to be typical or predictable in cases involving the utilisation of the goods in accordance with the provisions of the contract. In such cases, liability shall not exceed the equivalent of twice the amount paid on the basis of the corresponding order.

§ 6 Privacy Notice

Personal details transmitted when placing an order are stored and used solely for the purposed of fulfilling orders. This information is stored in a secure environment and is not given or sold to any third party in accordance with German Data Protection laws.

We do not use this information (e.g. drawing up user profiles) in any way other than for statistical purposes in an anonymous way.

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.

The deletion, disclosure and checking of personal data are carried out in accordance with the Teleservices Data Protection Act and the Federal Data Protection Act.

§ 7 Final Provisions

(1) German Law applies to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.

(2) Where the customer is a trader, the sole jurisdictional venue for adjudication of all claims arising from business relations is Esslingen.

(3) Should one or more of the conditions in the General Conditions of Sale be invalid, this does not affect the validity of the remaining conditions. Invalid conditions are to be regarded as being replaced by conditions that shall be valid and enforceable and which come closest to the economic objective of the invalid condition concerned.

2007 Hatje Cantz Verlag

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