General Terms and Conditions
General Terms and Conditions of Didamed Verlag GmbH
§ 1 Validity of the Terms and Conditions
The deliveries, services, and offers of Didamed Verlag GmbH shall be provided on the basis of these Terms and Conditions, which shall also apply to all future business relations, and then even if they are not expressly agreed upon again. The Terms and Conditions in force at the time of the order shall apply. Didamed Verlag GmbH shall not recognize differing terms and conditions of the Customer unless Didamed Verlag GmbH has expressly consented to their validity in writing.
§ 2 Conclusion of the Contract
(1) The definitive criteria are the Terms of Ordering and Delivery specified here.
(2) You can order via Internet, email, telephone, facsimile, or by mail.
(3) The purchase agreement shall take effect insofar as you do not return the product you have ordered within the viewing period of 10 days after delivery. We shall not store the text of the agreement.
§ 3 Terms of Delivery
(1) Shipping: Shipping by the Publisher normally occurs within three business days of receipt of the order by the Publisher. Individual shipments within Germany are shipped via Deutsche Post; multiple books are normally shipped via insured Hermes parcel. In the case of multiple books, the courier service shall require a telephone number (land line or mobile) so that the books can still be delivered promptly in the event of the Customer's absence. The Publisher shall ensure that these data of the Customer are made accessible only to the courier service and not to any third parties for advertising or similar purposes.
(2) The Publisher shall assume the postage costs for delivery to the Customer within Germany. Additional postage costs are incurred only outside of Germany; these are scaled according to country and distance (see Delivery Costs). The Customer shall assume the costs of any return shipment to the Publisher.
(3) Return shipments in the case of damage in transit: In the event you receive an order that has been damaged in transit, you shall have the right to exchange the order free of charge within 7 days of delivery. Please contact the Publisher by telephone, facsimile, or email before returning the shipment prepaid (please do not ship unpaid parcels).
(4) Cancellation terms and conditions: Should one or more books not appeal to you, you shall be ensured the right to return them within 10 days of shipping without stating a reason. The timely dispatch of the prepaid return shipment of the books ordered together with the original receipt to Didamed Verlag GmbH, Robert-Mayer-Weg 18 in 40591 Düsseldorf shall suffice for observing the time limit. The Customer shall bear the postage costs of return shipping to the Publisher as well as the burden of proof of having sent the remitted merchandise. The return or cancellation of the order shall entail no other costs.
Any prepaid purchase prices of remitted shipments shall be refunded within 30 days of receipt of the return shipment insofar as the Publisher receives the ordered merchandise without damage or traces of use in a condition suitable for resale. Therefore, take care to ensure that any return shipment has adequate shockproof packaging and sufficient postage. However, should the shipment be returned as an unpaid parcel, the Publisher shall be authorized to deduct the postage costs from the amount of the refund.
End of Cancellation Policy
§ 4 Payment
Your order shall be binding. The products supplied remain the property of Didamed Verlag GmbH until complete payment has been received. Delivery to individuals shall require payment by direct debit via Micropayment or PayPal without discount. In the event of payment default, for example due to failure on the part of the Customer's bank to honor the direct debit order, all deliveries to a Customer shall immediately become due, and the Publisher shall be authorized to charge a processing fee of €5.00 per order in addition to default interest at the rate of 8% above the interest rate of the Landeszentralbank. Should the Customer fail to pay the amount of the claim or pay it only partially despite dunning and the setting of a time limit, then the Customer shall bear the costs of the dunning procedure and legal process.
§ 5 Prices, Changes in Prices
(1) The definitive criteria for billing are the prices and taxes specified at the time of the order.
(2) Shipping costs and value-added tax are included in the price of deliveries within Germany. For additional costs of international deliveries outside of Germany, lease refer to the page Delivery Costs.
§ 6 Warranty and Liability
(1) Any defects in the product ordered shall be reported in writing to Didamed Verlag GmbH immediately upon receipt or within a week of delivery at the latest. The deficient goods supplied shall be kept ready for inspection by Didamed Verlag GmbH in the condition in which they were at the time the defect was detected. If the Publisher is liable for the defect, then subsequent rectification shall be undertaken.
(2) Damage claims from positive breach of obligation, from fault at the conclusion of the contract, or from wrongful acts shall be excluded against Didamed Verlag GmbH and against its vicarious agents insofar as the damage was not due to a willful act or gross negligence.
(3) Liability for other damages the Customer suffers due to delayed performance or due to an impossibility for which Didamed Verlag GmbH is liable or due to breach of an obligation, the observance of which is of particular importance to the performance of the contract, shall be limited to such damages as are typical and predictable based on the contractual use of the merchandise.
(4) More extensive liability, in particular for damages that have not arisen from the merchandise itself, for lost profits, or other pecuniary loss on the part of the Customer, shall be excluded.
§ 7 Copyrights
Copyright and all publishing and proprietary rights to the products supplied are owned by Didamed Verlag GmbH. Commercial exploitation and reproduction of the texts and photos are prohibited. This applies to all products and the entire Internet presentation of Didamed Verlag GmbH.
§ 8 Final Provisions
(1) Should one of the preceding terms be or become irreconcilable with statutory provisions, then the validity of the remaining terms shall not be affected; in that case a legally valid provision most closely approximating the provision specified here shall take effect.
(2) The place of jurisdiction and place of performance of the contract shall be Düsseldorf unless a different place of jurisdiction has been agreed upon in writing or the law stipulates otherwise. In the case of any dispute arising out business relations between us and our customers, if the Customer is a fully qualified merchant, a legal entity under public law, or a special fund under public law, then the suit shall be brought before the court of jurisdiction of our main office. We shall also be authorized to bring suit in the jurisdiction of the main office of the Customer. If the Customer has his domicile or usual residence abroad, then Düsseldorf shall be the place of jurisdiction for all claims related to the order.
(3) Only German law shall apply. UN purchase law shall be excluded even when the order is placed from abroad or shipped abroad.
(4) By placing your order you accept the foregoing provisions as binding.
Your contract partner is:
DIDAMED Verlag GmbH
General manager: M. Hofer, MD, MPH, MME, associate professor
Phone +49 (0) 211 - 750655
Fax +49 (0) 211 – 750633
© Didamed Verlag GmbH, 2013