Terms and conditions
Terms and conditions of online sales and delivery
General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop www.gupta-verlag.com (the „Online Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
(2) For license agreements (for the delivery of software ) additional provisions shall apply. These can be requested from us and are reprinted in the manual that comes with the respective software.
(3) The product offerings in the Online Shop are directed to both Consumers (Sec. 13 German Civil Code) and Business Customers (Sec. 14 German Civil Code).
(4) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(5) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
2. Conclusion of Contract
(1) Our offerings are non-binding.
(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website during the ordering process.
3. Prices and Payment
(1) Our prices include statutory VAT.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form made available in the Online Shop) or shall be paid cash on delivery, in each case upon receipt of an invoice. Upon the Customer’s request, to be made in the order form, we will deliver the product against cash payment in our store in 40878 Ratingen (Am Stadion 3b).
(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer upon receipt of the product and the invoice.
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
4. Dispatch of the Product
(1) Any time period relevant to determine the date of dispatch pursuant to this Section 4 (as specified by us when the order is made or as otherwise agreed upon) shall begin (a) if advance payment has been agreed, upon receipt by us of the full purchase price (including VAT and shipping costs) or (b) if cash on delivery or payment after delivery has been agreed, upon the conclusion of the sales contract.
(2) In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 6, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 9 of these General Terms and Conditions.
(3) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
5. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
(4) We shall insure the product against the usual risks of transportation at our cost and expense.
6. Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to resell any products delivered by us which are under retention of title, except with our prior written consent.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accord¬ance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
8. Intellectual Property Rights
(1) The Customer is granted the non-exclusive right to use any software delivered with the product for use in connection with the product.
(2) The Customer shall have no right to make copies of the software, except for the purpose to use the software pursuant to Section 8 (1) or for back-up purposes.
(3) The Customer may transfer the rights to the software to any third party only if at the same time title to the relevant product (in particular, a hardware product) is transferred to such third party and the Customer does not retain any copy whatsoever of the software.
(4) In no event shall we be required to make available the source code of the software.
(5) Our printing works may be copied only within the limits of the copyright law for the Costumer´s own use.
(1) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(2) The provisions of this Section 9 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
10. Data Protection
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the contract and as long as we are required to keep such data in accordance with applicable law.
(2) We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check, subject, however, to the Customer’s consent in each individual case. We shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law.
(3) We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 10.
11. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Ratingen shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
The European Commission provides a platform for extrajudicial online dispute resolution (so-called OS platform) at http://ec.europa.eu/consumers/odr/ .
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
12. Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Dr. Gupta Verlag,
Am Stadion 3b
Tel. +49 2102 9345-0
Fax +49 2102 9345-20
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use our model withdrawal form, but it is not obligatory. You can also electronically submit the model withdrawal form or any other unequivocal statement. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of instructions
There´s no right to withdraw for
1. contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery,
2. Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
General terms and conditions for advertisements, supplements and online advertising
§ 1 Validity, exclusion
1. For the acceptance and publication of all advertising orders and follow-up orders these general terms and conditions are exclusively applicable as well as the publisher’s price list currently valid at the time the contract is concluded, whose regulations form an essential element of the contract itself. The validity of any general terms and conditions of the contracting party, to the extent that they do not correspond to these general terms and conditions, is excluded.
2. These general terms and conditions apply equally to supplements. These are only accepted by the publisher after submission of a sample.
§ 2 Offer, conclusion of contract
1. Orders for advertisements may be made in person, by telephone, in writing, by fax or by email. The publisher is not liable for communication errors.
2. A contract is not concluded until the publisher issues his confirmation of the order in writing. The price list valid at the time of the conclusion of the contract applies.
3. It is at the publisher’s dutiful discretion to decline advertisement orders as well as individual releases of advertisements that occur as part of an overall conclusion of contract. This particularly applies if the contents of these violates laws or official stipulations or was considered objectionable by the German Advertising Council in a complaints procedure, or the publication of these is deemed unacceptable to the publisher due to its content, its origin, or its technical form or supplements, due to their format or presentation, would lead the reader to believe that they are a part of the newspaper or if they contain advertisements by third parties. The publisher must immediately declare his refusal as soon as he has gained knowledge of the respective contents.
§ 3 Prices, conditions of payment, discounts
1. The price of the publication of an advertisement is based on the currently valid price list.
2. The discounts defined in the price list are only granted to the customer and for the advertisements published over the course of a year (advertisement year). Repeated discounts are only valid within an advertisement year. If not agreed otherwise, the term commences with the publication of the first advertisement.
3. If an order is extended, the customer is entitled to a retroactive discount provided that the basic order was valid for a discount in the first place. This entitlement loses its validity if it is not used by no later than one month after expiry of the advertisement year. If an order does not reach the predicted order volume, the surplus discount that has been granted shall be subsequently invoiced to the customer.
4. The invoice amount is due in full within 14 days of the invoice date. For advance payments or if a direct debit mandate is granted, the publisher grants the customer a discount of 3 % of the invoice amount.
5. Payments must be made free of costs and bank fees to the publisher’s bank account as specified in the invoice.
6. In the event of payment default, interest shall be charged in accordance with § 288 BGB (German Civil Code). Dunning and default expenses in the event of payment default are charged to the contracting party. In the event of payment default, the publisher can defer delivery on a current contract until payment and require advance payment. In case of reasonable doubt concerning the contracting party’s ability to pay, the publisher is entitled to deviate from an originally agreed due date of payment and make the publication of further advertisements within the term of a contract dependent on the advance payment of the relevant fee and the settlement of outstanding invoices. Erroneous advertisement invoices can be corrected within six months of issue.
7. All prices exclude VAT of the amount statutory on the day the invoice is issued.
8. In the case of advertising orders from abroad which are not subject to VAT, the invoice is issued without VAT. The publisher is entitled to charge VAT retroactively should tax authorities confirm that VAT is in fact due.
9. In the event of a decrease in circulation, a conclusion of a contract for several advertisements entitles the customer to a discount, if, as an overall average of the advertisement year which commences with the first advertisement, the average circulation of the past calendar year stated in the price list or otherwise is not reached. A decrease in circulation only constitutes a deficit which entitles the customer to a discount if a promised circulation was fallen short of by at least 20 %.
§ 4 Contract implementation
1. Advertisement orders must be implemented within one year of conclusion of contract, commencing with the publication of the first advertisement.
2. The customer is responsible for supplying error-free print masters on time. In the event of clearly unsuitable or damaged materials being submitted, the publisher shall immediately demand a replacement. The publisher guarantees that the usual printing quality will be provided for the issue in question, as far as is possible with the print masters submitted. Print masters will only be sent back to the customer if he specifically requests this, otherwise they become the property of the publisher. The obligation to keep these expires six months after expiry of the order.
3. Costs for the production of ordered masters, films or drawings are to be borne by the customer, as are costs for significant changes to originally agreed versions requested by the customer or for which the customer is responsible.
4. Proofs are only supplied if explicitly requested. The customer bears the responsibility for the accuracy of the returned proof. If the proof is not returned in time to the publisher, the customer is deemed to have accepted the print.
5. Complete checking copies are only supplied by the publisher on request for at least quarter-page advertisements.
6. The design and labeling of text-style advertisements must be agreed on with the publisher in good time prior to publication. Text-style advertisements must be distinguishable from magazine texts in their basic typography. The publisher is entitled to label advertisements accordingly if they are not recognisable as such.
7. Letters sent to box number advertisements are kept for up to four weeks after publication of the advertisement and sent to the customer by regular mail (even if the letters have been sent by express mail or registered mail). However, the publisher does not accept any responsibility for the safekeeping and timely forwarding of the offers.
8. The copy deadlines and publication dates stated in the price list are non-binding for the publisher. The publisher is entitled to adjust them at short notice to suit the production run.
9. Advertisement orders can only be cancelled in good time, no later than the advertising deadline and in writing, by fax or by email. If the advertisement has already been sent to press, the customer must pay for the advertisement. Otherwise the publisher may demand the reimbursement of any costs incurred up until the cancellation in accordance with statutory regulations.
10. The customer is responsible for the content and the legal permissibility of the advertisement. He or she indemnifies the publisher from any claims of third parties due to the publication of the advertisement, including reasonable costs for legal defense. The publisher is not obliged to check whether or not an advertisement order affects the rights of third parties. If the publisher becomes obliged by court order to print a correction due to the released advertisement, the customer must bear the costs in accordance with the valid advertisement price list.
11. Advertising agencies are obliged, in their offers, contracts and invoices to those running the advertisements, to adhere to the price list of the publisher. The intermediary’s commission granted by the publisher is calculated based on the net charge to the customer, i. e. after subtraction of discount, bonuses and discounts due to defects. The intermediary’s commission is only paid to advertising agencies under contract to third parties and is only paid to advertising agencies recognised by the publisher provided that the order is placed directly by the advertising agency, the advertising agency is responsible for the procurement of the finished and ready-for-press printing copies and has registered ist business as an advertising agency. The publisher is entitled to refuse orders from advertising agencies if there are doubts as to the professionalism of the agency’s work or creditworthiness. Advertisement orders by advertising agencies shall be made in their name and invoiced to them. To the extent that advertising agencies place orders, the contract is therefore drawn up with the advertising agency in case of doubt. If an advertiser is to be the contracting party, this must be agreed separately and with the name of the advertiser explicitly stated. The publishing company is entitled to require the advertising agency to produce proof of its mandate.
§ 5 Warranty for defects
1. We accept no liability for publishing advertisements in certain issues or editions or in certain positions.
2. The publisher guarantees perfect printing of the reproduction of the advertisement in accordance with the hard copy on press paper. The prerequisite is that the customer supplies suitable printing copies (see information in price list).
3. Colour specifications: in the case of digitally transmitted printing copies for colour specifications, the customer must also provide a colour proof. Otherwise the customer has no claim to compensation due to any colour deviations.
4. Complaints for obvious defects must be made by the customer by no later than two weeks after receipt of invoice. Complaints for defects that are not obvious must be made by the customer by no later than one year after publication of the respective advertisement. In the event of the faulty printing of an advertisement in spite of punctual delivery of error-free printing copies and timely complaint, the customer is entitled to demand the reprint of an error-free replacement advertisement. The claim to remedy of defects is not valid if this incurs unreasonable costs to the publisher. If the publisher fails to meet a reasonable deadline that has been granted for remedy of the defects, if he refuses subsequent remedy, if it is unreasonable to expect subsequent remendy of the customer or if it fails, the customer has the right to withdraw from the contract or to demand a discount that is proportionate to the extent to which the purpose of the advertisement was affected. Warranty claims by business people expire 12 months after publication of the respective advertisement, but not for damage to life, body or health.
If the customer does not adhere to the publisher’s recommendations in terms of production and transmission of digital printing documents, he or she is not entitled to assert any further claims due to faulty publication of the advertisement. This applies in the same way if other regulations contained in these general terms and conditions of the price list are not adhered to.
5. If any deficits of the printing copies are not instantly recognisable but are only recognised during the printing process, the customer is not entitled to assert any claims if insufficient copies have been produced.
6. If the customer fails to observe the recommendations of the publisher with regard to production and transmission of digital printing documents, he or she is not entitled to assert any claims due to faulty publication of the advertisement.
7. The customer is responsible for the transmitted files being free of computer viruses. Files with computer viruses may be deleted by the publisher without the customer deriving any claims from this.
The publisher also reserves the right to assert claims for compensation if the computer viruses cause further damage at the publishing company.
8. The publisher accepts no liability for the accuracy of the amounts or quantities of material (bound-in inserts, supplements, etc.) stated as supplied by the customer.
§ 6 Liability
1. The publisher is liable for damage caused deliberately or in gross negligence, for damage deriving from culpable harm to life, body or health as well as damage due to at least slightly negligent breach of an obligation which is significant to achieving the purpose of the contract (cardinal obligation). Apart from liability for deliberate acts and culpable harm to life, body or health, liability is limited to predictable and typically occurring damage. In other cases, claims for damages against the publisher are excluded, regardless of the legal reason. Insofar as liability of the publisher is excluded or limited according to the above regulations, this also applies to the personal liability of the publisher’s employees, representatives and vicarious agents. Liability according to the Product Liability Law remains unaffected. Claims for damages against the publisher expire 12 months after the time at which the customer became aware or should have become aware of the reasons for the claims, apart from claims arising from illegal or deliberate actions and for damage to life, body or health.
2. In the event of forces majeures and industrial action through no fault of the publisher, the publisher is freed from the obligation to carry out the order; no claims for damages arise from this.
§ 7 Storage of customer data
Within the scope of business relations, the publisher stores customer data with the help of electronic data processing in accordance with the statutory stipulations of the German Data Protection Law.
§ 8 Place of performance, place of jurisdiction
1. If one or more of the regulations of the advertising contract/these general terms and conditions are invalid or become invalid, the validity of the remaining regulations remains unaffected. In this event, subsequent interpretation of the contract is then applied so that the invalid regulation is replaced by one which comes as close as possible to the business purpose pursued by the contractual parties in the invalid regulation. The same applies to the filling in of any contractual gaps.
2. Changes to the regulations of the advertising contract/these general terms and conditions and the abandonment of the requirement for the agreement to be put in writing must be put in writing.
3. The Law of the Federal Republic of Germany applies – excluding the UN Convention on Contracts for the International Sale of Goods and excluding conflict of laws. The place of performance is Ratingen.
The place of jurisdiction for lawsuits against businessmen, legal persons under public law or public law special assets is Ratingen.