General Terms and Conditions

1.1 Schweitzer Fachinformationen is an association of legally independent companies with locations throughout the Federal Republic of Germany. The contractual partnership shall be established with the company receiving the order (hereinafter referred to as the "Seller") when an order is placed via the online store, telephone, fax, email and shall be disclosed to you in the case of electronic orders via our online store www.schweitzer-online.de after initial registration. The selection criterion is the proximity to your location. Therefore, as your contracting party, the Seller shall be displayed to you only after your customer registration according to the legal texts including the General Terms and Conditions of Business

1.2 These General Terms and Conditions shall apply to all orders placed by consumers and businesses (hereinafter "Customer") for all order channels offered: online store, telephone, fax, email. All deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.

1.3 Businesses within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when placing an order, act in the exercise of their commercial or independent professional activity (§ 14 BGB).

1.4 Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity (§ 13 BGB).

2.1 With your order in the online store, you make a binding offer to the company responsible for you to conclude the contract with you. When you place an order, we will send you an email confirming that we have received your order and listing its details (order confirmation). This order confirmation does not constitute an acceptance of your offer, but is only intended to inform you that we have received your order. The company responsible for you can accept this offer by sending you an order confirmation by email within 3 days of receiving your order. The contract is deemed to have been concluded with the sending of this order confirmation.

Your contract partner is:

Schweitzer Fachinformationen GmbH & Co. KG  |  AG München HRA 97914  |  USt-Ident-Nr. DE283556932
kunden@service.schweitzer-online.de  |   089-523072-210  
Personally liable Partner: Schweitzer Fachinformationen Verwaltungs GmbH | AG München HRB 280511
Managing Director: Philipp Neie, Jens Marquardt, Michael Kursiefen
Registered office of both companies: Elsenheimerstr. 41-43  |  80687 München

2.2 When ordering online, the order is placed when you enter all the required details during the ordering process and finally send the order form to us in the second step under "Order overview" by pressing the button "Order subject to payment". Before finally submitting the order, you have the opportunity to check the data entered and the order again and make changes if necessary. You can also correct input errors by navigating backwards in the browser or by cancelling the order process and starting again.

Your order and the order data entered by you will be stored in your personal customer account. You can access your customer account at any time using your login data, which you specify when you register for the first time. Here you have the option of printing out the order with all the data entered. You can also print out your order directly after completing the order on the confirmation page below. We will also send an order confirmation with all the details to the email address you provided when placing your order.

Ownership of the products delivered shall not pass to the Customer until the purchase price has been paid in full. The Customer shall not be entitled to pledge, assign by way of security, process or transform the reserved goods prior to the transfer of title. If the Customer is in default with one or more payments in whole or in part, if they cease making payments or if insolvency proceedings have been filed against their assets, the Customer may no longer dispose of the goods subject to retention of title. In such a case, we are entitled to withdraw from the contract without having to set the Customer a deadline for the performance of the service beforehand. Even without rescinding the contract, we are entitled to demand the return of the goods subject to retention of title.

If you are a business, we shall only be deemed to be in default of delivery if you send us a written reminder, which must be no earlier than two weeks after the expiry of the delivery period. At our request, you are obliged to declare in writing within a reasonable period of time whether you wish to withdraw from the contract due to the delay in delivery and/or claim damages instead of performance or insist on delivery. If you are a consumer, we shall be in default upon unsuccessful expiry of the delivery date and the setting of a deadline.

6.1 All prices include the statutory VAT and, if applicable, additional shipping costs, the amount of which can be found on our shipping costs info page.

6.2 Books and other publishing products of German publishers are subject to fixed prices. As a retailer, we are obliged to comply with all price determinations made by the publisher for price-linked publishing products vis-à-vis the final purchaser. Prices are subject to change and errors excepted.

6.3. Different prices may apply for deliveries to Austria because the Federal Law on Fixed Prices for Books in Austria also obliges retailers from abroad to adhere to the fixed prices. If the actual price is more favourable for the Customer, we will deliver the order without further enquiry. However, if the legally bound price is higher, we will always consult with our customers before delivery.

6.4 Inspection deliveries are only possible within Germany. Deliveries for inspection must be expressly agreed when the order is placed. There shall be an inspection period of 14 days from the date of the invoice. The original packaging must be used when returning inspection deliveries.

6.5 Schweitzer Fachinformationen is entitled to adjust the prices for the contractual services to compensate for increases in personnel and other costs annually by a reasonable amount, but not more than 5%. Schweitzer Fachinformationen shall notify the Customer in text form of these price adjustments and the date on which the price adjustment takes effect. The price adjustments shall not apply to periods for which the Customer has already made payments. The changed price shall apply if the Customer does not object to the changed price within six weeks. The contractual relationship will then be continued according to the changed conditions/prices. If the Customer objects in time, both parties have the right to terminate the contract with one month's notice to the end of the month.

7.1 The selection of the transport route (forwarding agent, parcel service, post, etc.) is our responsibility. Transport insurance is not provided. We usually deliver with DHL, DPD or another logistics provider of our choice.

7.2 Delivery shall be made, subject to availability of the products, within 7 - 10 days of receipt of your order by us, unless clearly stated otherwise in the product description. Insofar as periods are stated in days, we understand them to mean working days from Monday to Friday inclusive, but not public holidays.

7.3 We are entitled to make partial deliveries if a partial delivery is reasonable for you. This shall in no case result in higher shipping costs for you.

7.4 If we are unable to deliver the ordered goods through no fault of our own because our supplier fails to fulfil its contractual obligations, we shall be entitled to withdraw from the contract vis-à-vis the Customer. In this case, the Customer shall be informed immediately that the ordered product is not available. The Customer's statutory claims shall remain unaffected. Any purchase price already paid shall be refunded immediately.

7.5. Unless otherwise agreed in writing, delivery to companies shall be made as a mail order purchase. In the case of a debt to be discharged and collected, the goods shall travel at the risk and expense of the Customer. Delivery shall be ex warehouse, which also serves as the place of performance for the delivery and any subsequent performance. At the Customer's request and expense, the goods shall be shipped to another destination. Complaints in the event of transport damage are to be submitted by the Customer to the respective carrier. If the buyer is a consumer who does not acquire the goods for resale, clause 1 shall not apply. In the case of such a purchase of consumer goods, the transfer of risk to the buyer shall only occur upon handover of the goods from the carrier to the buyer or upon default of acceptance.

7.6 In the event of delivery disruptions due to force majeure (including strikes and lockouts), Schweitzer Fachinformationen shall be released from the obligation to deliver – the Customer shall also be released from the obligation to pay.

8.1 The Customer is not granted ownership of the electronic products (e-books, downloads or databases). The Customer shall acquire a simple, non-transferable right, revocable at any time prior to full payment of the licence fee, to use the product offered exclusively for personal use.
Schweitzer Fachinformationen may act as an intermediary for the ordering of electronic products. You will find out which publisher is/will be your specific contractual partner when you select the electronic product. In these cases, the publisher's general terms and conditions shall also apply if you are required to expressly accept them as part of the order for the digital products.

8.2 The content of an electronic product may not be changed by the Customer in terms of content or editing.

8.3 The Customer shall be permitted to copy the electronic products exclusively for personal use. It is not permitted to give the electronic products to third parties (including friends, relatives, acquaintances), to make them publicly accessible or to forward them, to place them on the internet or in other network media against payment or free of charge, to resell them and/or to use the electronic products for commercial purposes of any kind. Further restrictions on the usability of the electronic products may be imposed by the digital rights management (DRM), which is explained in more detail in the product description (e.g. restriction of the number of downloads or of the playback devices that can be used).

8.4 The electronic products may be individually marked with a personal, visible or invisible, non-erasable watermark during download.

8.5 Subscriptions to electronic products are for the selected period (e.g. annual subscription) or for an unlimited period. Subscriptions can only be cancelled with a notice period of 6 weeks before the start of a new billing period, unless the respective publisher provides for longer periods in its subscription conditions. If consumers are entitled to a shorter period of notice by virtue of a statutory regulation, this shall apply. In the case of unlimited subscriptions or subscriptions extended for an unlimited period, this can be cancelled monthly after the expiry of the minimum term.

8.6 The electronic products are subject to terms of use and licensing conditions of the rights holders. These are covered by the conclusion of the contract in the respective valid version of the rights holder.

9.1 Subscriptions to periodicals are for the selected period (e.g. annual subscription) or for an unlimited period. Termination of the magazine subscription requires written notice. In the case of domestic periodicals, the period of notice depends on the subscription conditions of the respective publisher, which are stated in the legal notice of the periodical and in the product details of the webshop. In the case of foreign periodicals, cancellation is generally possible with three months' notice to the end of the current subscription period. If consumers are entitled to a shorter period of notice by virtue of a statutory regulation, this shall apply. In the case of unlimited subscriptions or subscriptions extended for an unlimited period, this can be cancelled monthly after the expiry of the minimum term.

9.2 The order of loose-leaf basic works shall also include the subscription to the subsequent supplementary deliveries, unless the order expressly refers only to the basic work. After a minimum subscription period of 1 year, the subscription can be terminated with a notice period of 4 weeks to the end of the month, unless the respective publisher provides for longer periods in its subscription conditions. The contractual term of the subscription and the obligation to purchase relate to subsequent supplementary deliveries which are for a Date of Publication during the contractual term. The Date of Publication is determined by the date of the publisher's invoice.

9.3 In the case of multi-part works or series for which there is an overall acceptance or compulsory continuation, the purchase of one part obliges the Customer to accept the entire work. Withdrawal from the obligation to purchase the complete work is only permissible if the respective publisher provides for this in its terms of purchase.

9.4 The right to terminate continuing obligations by notice of termination shall be available to both parties equally.

10.1 Billing and invoicing shall be carried out via the company responsible for you as your Seller. We offer the following payment methods: credit card, invoice, direct debit, PayPal and prepayment. We reserve the right to exclude individual payment methods. We only accept payments from accounts within the European Union (EU). Any costs of a money transaction are to be borne by you.

10.2 Payments are only due after the order confirmation has been sent to you by email. In the case of payment by invoice, the payment amount is due immediately without deduction.

10.3 Customers within the meaning of § 14 BGB are responsible for ensuring that electronic invoices can be received or, if agreed, collected by them in electronic form. The Customer is responsible for faults in the reception equipment or other circumstances that prevent access. An invoice shall be deemed to have been received as soon as it is received in the Customer's domain. If Schweitzer Fachinformationen only sends a notice and the Customer can retrieve the invoice themselves or Schweitzer Fachinformationen makes the invoice available for retrieval, the invoice shall be deemed to have been received when it has been retrieved by the Customer. The Customer shall be obliged to make call-offs of the invoices provided at reasonable intervals. If an invoice is not received or cannot be received, the Customer shall inform Schweitzer Fachinformationen of this without delay. In this case, Schweitzer will resend a copy of the invoice and refer to it as a copy. If the disruption in the means of transmission is not remedied promptly, Schweitzer Fachinformationen shall be entitled to send invoices in paper form until the disruption has been remedied. The costs for sending paper invoices shall be borne by the Customer in accordance with the prices in the service catalogue.

10.4 Consumers shall only be in default of payment without a reminder from us if they have not paid an invoice amount 30 days after invoicing (recognisable on the invoice date) and if we have specifically pointed out this consequence in the invoice or payment schedule.

10.5 The purchase price shall bear interest at a rate of 5% above the base interest rate upon the occurrence of default in payment during the period of default. We reserve the right to prove and claim higher damages caused by delay.

11.1 If you are a consumer, the warranty shall follow the statutory provisions.

11.2 This shall not apply if the Customer is a merchant within the meaning of § 1 of the German Commercial Code (Handelsgesetzbuch) and the purchase is made for its commercial business:

(1) The buyer shall assume an obligation to inspect and give notice of defects in accordance with § 377 HGB with regard to all deliveries and services of the Seller in the performance of this contract.

(2) The Seller shall not be liable for damage not attributable to the products themselves; in particular, we shall not be liable for loss of profit or for any other financial loss. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.

(3) If there is a defect in the product for which the Seller is responsible, the Customer may demand subsequent performance (rectification of defects or replacement delivery). If the Seller is unable or unwilling to provide supplementary performance due to disproportionate circumstances or if this is delayed beyond reasonable time limits for reasons for which the Seller is responsible or if the supplementary performance fails in any other way, you are entitled to demand a reduction in the purchase price or to withdraw from the contract.

(4) We expressly point out that warranty claims due to any defects in electronic products must be addressed directly to your contractual partner, i.e. the respective publisher. We are not liable as an intermediary in this respect. We also assume no liability for the timeliness, completeness, availability and accuracy of the information provided. Nor do we guarantee the usefulness of the information. We are not liable for the correctness, completeness and topicality of the contents of the products sold. Nor do we accept any liability for the usefulness of the information contained in the products. We shall not be liable for loss of profit or for other financial losses of the Customer.

(5) If there is a defect in our brokerage service for which we are responsible, the Customer may demand subsequent performance. If we are not in a position to provide supplementary performance or are not prepared to do so due to disproportionate circumstances, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the supplementary performance fails in any other way, you are entitled to withdraw from the contract.

(6) The circumstance that products which are obtained within the framework of continuing obligations are subject to product modifications at the discretion of the rights holder is expressly excluded as a defect, as long as the main line remains unaffected.

(7) The limitation period for warranty claims is one year from the transfer of risk.

12.1. Right of withdrawal for contracts for the delivery of goods
The following right of withdrawal only applies to consumers for all orders with the exception of the delivery of digital content, downloads or subscription contracts – see section 12.2 and section 12.3 below.

Right of Cancellation | Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier, a) have taken possession of the goods, if you have ordered one or more goods as part of a single order and these are delivered as a single order; b) have taken possession of the last goods or have taken possession of the last goods if you have ordered several goods as part of a uniform order and these are delivered separately; (c) have taken possession of the last partial shipment or piece, or have taken possession of the last partial shipment or piece if you have ordered goods that are delivered in several partial shipments or pieces; (d) have taken possession of the first goods or has taken possession of the first goods where goods are delivered under an order for the regular delivery of goods over a fixed period of time.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or email sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the Withdrawal

If you withdraw from this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for 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 us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is deemed to have been met if you send off the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.

You shall only be liable 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 quality, characteristics and functioning of the goods.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to distance selling contracts:
-    for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
-    for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
-    Contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
-    Contracts for the delivery of goods with loose components, e.g. supplementary deliveries, sales units, if the seal has been opened after delivery;
-    Contracts for the delivery of calendars;
-    Contracts for the delivery of electronic publications (e-books);
-    Contracts for the delivery of goods marked "without right of return".

12.2 Right of withdrawal for the delivery of digital content such as e-books (download)
The following right of withdrawal shall only apply to consumers for the delivery of digital content that has not been delivered on a physical data carrier.

Right of Cancellation | Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or email sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you withdraw from this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

Expiry of the Right of Withdrawal

The right of withdrawal shall expire in the case of a contract for the delivery of digital content not on a physical medium if the business has begun performance of the contract after the consumer:
1.    has expressly consented to the business commencing performance of the contract before the expiry of the withdrawal period, and
2.    has confirmed their knowledge that, by giving their consent, they lose their right of withdrawal upon commencement of the performance of the contract.

12.3 Right of withdrawal for consumers specifically for subscriptions
The following right of withdrawal shall only apply to consumers for the delivery of articles by subscription (e.g. magazine subscriptions, loose-leaf deliveries by subscription).

Right of Cancellation | Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or email sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you withdraw from this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. Exclusion of the right of withdrawal

The right of withdrawal does not apply to distance selling contracts:
-    for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
-    for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

If you wish to withdraw from the contract, please complete and return this form.

To [the details of the company responsible for you will be displayed after your registration]: I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the

following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only in the event of written notification)

Date

(*) Cross out where not applicable.

14.1 German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

14.2 In the case of Customers who conclude the contract for a purpose that cannot be attributed to their professional or commercial activity (consumers), this choice of law shall only apply to the extent that it does not invalidate mandatory provisions of the law of the country in which they have their habitual residence.

14.3 For all disputes arising from the contractual relationship, if the Customer is a merchant, a legal entity under public law or a special fund under public law, the court of the head office of the company responsible for you as your contractual partner.

15.1 The contractual language is German.

15.2 If one or more provisions of these General Terms and Conditions are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.

15.3 The use of the offers available on www.schweitzer-online.de is possible for persons who are at least 18 years old.

15.4 The place of performance for all payment obligations of the buyer is the head office of the company responsible for you as your contractual partner.

15.5 These General Terms and Conditions have been drawn up in German, English and French. In the event of any conflict between the German, English and/or French versions of these General Terms and Conditions, the German version shall prevail.