1. General

1.1 These General Terms and Conditions apply between Ernst & Sohn GmbH (hereinafter: Ernst & Sohn or „we“) and consumers and entrepreneurs (hereinafter: customers) concerning books and other publishing products (hereinafter: products).

1.2 Besides these general terms and conditions, there are other terms and conditions for other products. In addition to these GTC, the corresponding terms of use of the respective publishers and suppliers may therefore apply to individual products. Where applicable, these are available on the product page under the respective product information.

1.3 The General Terms and Conditions shall apply in the respective version current at the time of conclusion of the contract. If you, as an entrepreneur, use conflicting or supplementary general terms and conditions, these shall only become part of the contract if we have expressly agreed to them.

2. Orders

2.1 Our online offer does not constitute a legally binding offer. The customer places a binding order for the products selected by the customer.

2.2 Only our written order confirmations shall be authoritative for the nature and scope of our obligations. This shall also apply if we refer to the order.

3. Deliveries/ Warranty

3.1 All available products will be delivered to you within four to five (4–5) business days after your order at the latest. Products that cannot be delivered at short notice will be noted in advance. In the event of delivery delays, you will receive information from us stating the expected delivery date.

3.2 You will not incur any additional costs due to partial deliveries.

3.3 Our written order confirmations shall be authoritative for delivery dates or delivery periods.

3.4 In the event of force majeure and other unforeseeable, extraordinary and non-culpable circumstances, the delivery period shall be extended to a reasonable extent. If the delivery becomes impossible or unreasonable due to the circumstances mentioned, we shall be released from the obligation to deliver. In the event of unreasonable delay, the customer may also withdraw from the contract.

3.5 The customer is entitled to the statutory warranty rights in the event of defects. For contracts with consumers, the warranty period is 2 years from delivery of the goods. For entrepreneurs, the warranty period is limited to one year from the transfer of risk.

3.6 If the delivery is made to an address other than the invoice address, we reserve the right to charge an additional cost contribution. This also applies to deliveries abroad, see under point 5.

4. Prices

Our book prices are ex our place of delivery plus packaging and shipping costs. Our book prices are final sales prices, which are bound according to the legal regulations. These prices include the statutory value added tax.

5. Shipping Costs

5.1 For shipping to other countries of the European Union and the European Economic Area, a separate flat rate shipping fee will be charged. If applicable, additional customs duties and taxes shall be payable in accordance with the applicable laws and shall be borne by the customer.

We charge the following shipping costs:

5.2 For companies, different conditions may apply in individual cases.

6. Terms of Payment

6.1 Unless otherwise agreed, our invoices shall be due for payment immediately upon receipt by the customer. Discounts and other deductions are not permitted. The customer and voucher number must be stated in each case when payment is made.

6.2 We reserve the right in individual cases to deliver orders only against advance payment. In this case, the goods will only be delivered upon receipt of the full invoice amount.

6.3 Companies may pay by check in individual cases by arrangement. When a check is presented, payment shall be deemed to have been made when the check has been cashed.

6.4 If the purchaser is in default of payment, the statutory provisions shall apply.

7. Warranty

7.1 We shall be liable for defects within the scope of the statutory provisions.

7.2 For contracts with consumers, the warranty period shall be 2 years from delivery of the goods. For entrepreneurs, the warranty period is limited to one year from the transfer of risk.

7.3 Companies shall notify us in writing of any recognizable defects without delay, at the latest within two weeks.

8. Liability for damages

8.1 We shall be liable for damages within the scope of the statutory provisions only in accordance with the provisions of this clause 8.

8.2 We shall be liable for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence on the part of Ernst & Sohn or its legal representatives or vicarious agents, as well as for damages in the event of non-compliance with a guarantee given by Ernst & Sohn or due to fraudulently concealed defects.

8.3 Ernst & Sohn shall be liable, limited to compensation for the foreseeable damage typical for the contract, for such damage caused by a slightly negligent breach of material contractual obligations by Ernst & Sohn or its legal representatives or vicarious agents. Material contractual obligations are obligations the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on.

8.4 Other claims for damages of the customer are excluded. The provisions of the Product Liability Act shall remain unaffected.

8.5 The restrictions of this clause 8 shall also apply in favor of Ernst & Sohn's legal representatives and vicarious agents if claims are asserted directly against them.

9. Retention of title

9.1 The goods shall remain our property until payment has been made in full.

9.2 For entrepreneurs, the following shall apply in addition: we shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business. You assign to us in advance all claims arising from this resale in the amount of the invoice amount and we accept this assignment. You shall remain authorized to collect the claims. We may also collect the receivables ourselves insofar as you do not meet your payment obligation.

9.3 The entrepreneur may neither pledge the reserved goods nor assign them by way of security. He shall be obliged to immediately object to any seizure of the reserved goods or any other impairment of our rights by third parties and to inform us thereof without delay.

9.4 We shall be entitled to contribute the ownership of the reserved goods as well as the securities granted to us to a trade creditors' pool or to transfer them to a third party and to have our rights exercised by the administrator of the pool or by the third party. We shall notify the Purchaser of any such transfer of rights without delay.

10. Legal

10.1 The legal relationship between you and us shall be governed by German law without the reference norms of international private law and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer, the law of the customer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.

10.2 The place of performance and exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts shall be Weinheim.

10.3 The European Commission offers the possibility of online dispute resolution on a platform operated by it. This platform can be found under the following link: http://ec.europa.eu/consumers/odr/. We do not participate in dispute resolution proceedings before a consumer arbitration board.

10.4 For our relations with companies in the book trade, the trade customs of the book trade traffic, in particular the book trade traffic and sales regulations in the latest version shall apply in addition.

11. Right of withdrawal for consumers

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Wiley-VCH Verlag GmbH, Boschstr. 12, D-69469 Weinheim, e-mail: service@wiley-vch.de, telephone: 06201 - 606-0; by means of a clear declaration (e.g. a letter sent by post, fax or e-mail ) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory. You can also fill out and submit the sample cancellation form electronically to Wiley-VCH. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

12. Consequences of revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. The repayment will be made by bank transfer; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to Wiley-VCH GmbH, Boschstr. 12, D-69469 Weinheim, without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

Notices

1.1 The right of withdrawal expires prematurely for contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

1.2 In all other respects, the statutory exceptions pursuant to Section 312 g (2) of the German Civil Code shall apply.