General terms and conditions of
Thieme RECOM GmbH
§ 1 Validity of the conditions/price fixing
The deliveries, services and offers of Thieme RECOM GmbH are based on these terms and conditions. § 305 of the German Civil Code (BGB) applies.Deviating conditions of the customer are not recognized by Thieme RECOM GmbH, unless Thieme RECOM GmbH has explicitly agreed to their validity in writing. Resellers agree to comply with the fixed retail prices and, where applicable, to oblige their customers accordingly in the intermediate book trade.
§ 2 Conclusion of contract
The terms and conditions of order/transfer for the respective product (book, software, services) shall be authoritative as they result, among others, from the product-specific order forms. You can order via internet, e-mail, phone, fax or mail.
§ 3 Prices, price changes
The prices stated at the time of the order are authoritative for invoicing. The prices for books include the statutory sales tax. The prices for software and services are without the statutory sales tax, this is shown separately. The price does not include shipping costs.
§ 4 Delivery/invoicing/transfer of risk
Delivery is made with fixed invoice, unless otherwise noted. We deliver to commercial resellers only with fixed invoices. Books and software can only be taken back in exceptional cases and after written approval. Otherwise, the statutory provisions of § 320 et seqq. apply.
§ 5 Payment
You have the option to pay by direct debit or by invoice. You can revoke the direct debit at any time. Invoices are always to be paid net. In the event of a delay of payment we are entitled to charge interest on arrears at a rate of 8 % above the current base rate, but at least 10 %. If the customer is in arrears, payments will primarily be offset against any interest and costs, or the oldest debt. Offsetting or withholding of payments due to counterclaims disputed by us or which have not been legally established are not permitted.
§ 6 Retention of title
The delivered goods remain the property of Thieme RECOM GmbH until full payment.
§ 7 Warranty and liability
The statutory warranty obligation applies. Defects of the ordered goods have to be notified to Thieme RECOM GmbH immediately after receipt or upon knowledge of the defect. The defect delivery items shall be kept ready for inspection or collection by Thieme RECOM GmbH in the condition in which they are at the time of the discovery of the defect. Claims for damages from positive breach of contract or unlawful acts are excluded both against Thieme RECOM GmbH as well as against its vicarious agents unless the damage was caused intentionally or by gross negligence. The liability for other damages of the costumer due to default of Thieme RECOM GmbH, due to an impossibility for which Thieme RECOM GmbH is responsible or due to the violation of any duty whose compliance is of special importance for the achievement of the purpose of the contract, is limited to such damages which are typical and foreseeable due to the contractual use of the goods. Any further liability, in particular for damage that has not occurred to the goods themselves, for loss of profit or other financial damages of the customer is excluded.
§ 8 Copyrights
Copyright as well as all publishing rights and copyrights of the delivered products are owned by Thieme RECOM GmbH. Commercial reuse and reproduction of the texts and photos are prohibited. This applies to all products and the entire internet offer of Thieme RECOM GmbH with the exception of the notices published on the website. Other than content explicitly marked as Open Access, Thieme expressly reserves all rights of use for content accessible via this website and its mobile application versions. The content should not be used for re-distribution or posting, for incorporation into databases, for commercial text and data mining, or for commercial applications.
§ 9 Final provisions
If any provision is or becomes invalid, the remaining provisions shall remain valid.Place of performance for business relations in consumer business shall be the place of business/residence of the customer. In any dispute arising from the business relations between us and our customers, if the customer is a registered merchant, a legal person under public law, or a special fund under public law, a suit is to be filed at the court which has jurisdiction for our headquarters. We are also entitled to file a suit at the registered office of the customer. If the customer is domiciled or habitually resident abroad, Kassel shall be the place of jurisdiction for all claims in connection with the order.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/ Consumers have the possibility to use this platform for the settlement of their disputes. We are willing to participate in an out-of-court arbitration procedure.