EFFECTIVE from 1st February 2003 until further notice.
References in these Terms and Conditions
of Supply to (a) 'The German Bookshop', 'we', 'our', 'us', 'ourselves'
and like expressions shall mean The European Bookshop, the Young Europeans
Bookstore or The German Bookshop, and/or their parent company European
Schoolbooks Limited as appropriate, and (b) to 'Customer', 'you', 'yourselves'
and like expressions shall mean any party contracting with The German
Bookshop through this website for the purchase of goods or services.
This document
sets out our complete Terms and Conditions of Supply, and our Shopping
facility asks you to confirm that you have read and accepted them before
submitting your orders.
These Terms and
Conditions, which may be updated from time to time, govern all transactions
between The German Bookshop and the Customer, and may not be varied
or supplemented by any Customer's terms of purchase which have not been
explicitly agreed in writing by the manager of The German Bookshop.
Leave
this page
Orders
Our online catalogue
Prices
Discounts
Transmission of orders
Delivery
Payment
Retention of title
Bibliographical services
Returns
Subscriptions
(periodicals)
Non-observance
Variations of terms and conditions
Copyright
Liability
1 Orders
A contract is
formal between the Customer and The German Bookshop when (and not before)
we notify you by email that your order has been accepted. We reserve
the right not to accept any order or part thereof for any reasons. While
the price and other conditions shown are given in good faith on the
basis of the latest information at our disposal, we are dealing with
over 130,000 titles, and hundreds of publishers, and accordingly we
reserve the right to withdraw our acceptance of any order or part thereof
if any ordered goods are not readily available to us.
You may cancel
an order at any time up to seven (7) days after it has been accepted.
You may not cancel it after that time without the written agreement
of a director of The German Bookshop.
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2 Our online catalogue
The titles in
our main catalogue (the 'Main Catalogue') (The German Bookshop's
code numbers below 100000) are selected by The German Bookshop as suitable
for the purpose (language learning, study of literature, leisure reading
etc), age-groups and ability levels indicated. If any title in this
section is shown to be unsuitable for the suggested purpose or category,
we will accept its return without question for full refund.
The titles with
code numbers above 100000 in our extended title database are
those additional titles which we have handled in the past 2 years and
we make no guarantees whatever as to their quality, suitability or availability.
No titles in this category may be returned as being unsuitable.
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3 Prices
Prices shown in
the Main Catalogue are current and, errors and omissions excepted,
will be honoured as shown at the time of ordering. Prices shown as
0.00 have not yet been fixed.
Prices in the
Extended Title database are given as guidelines only, and may be varied
according to the publisher's current prices and terms at the time of
ordering. Any such price change will not apply to orders for goods which
The German Bookshop has accepted.
Without prejudice
to the above, The German Bookshop reserves the right to change prices
shown on this site at any time, and for whatever reason, without prior
notice.
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4 Discounts
Educational discounts
are available to schools and colleges on multiple copy orders. Special
terms may be available on larger orders. All discounts must be agreed
in writing by a director of The German Bookshop before or at the time
of ordering. No retrospective adjustments can be allowed.
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6 Transmission
of orders
If you do not
wish to use the Shopping facility on this site for transmission of your
orders, you can still use it to compile and print them, and then send
them by fax, e-mail or ordinary mail.
Please quote
The ESB catalogue numbers wherever possible when ordering.
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7 Delivery
a) The German
Bookshop will arrange the method of shipment of all consignments unless
specifically instructed otherwise by the Customer.
b) Where The German
Bookshop arranges the method of shipment, deliveries within the UK mainland
with a value of up to £50 are charged at a standard rate of 10%
of invoice value with a minimum charge of £1.50. Deliveries with
a value of over £50 are carriage free, and The German Bookshop
retains full responsibility for the condition of the goods until delivery
at the Customer's premises.
c) Where the Customer
specifies the carrier and/or method of delivery for all or any part
of the delivery journey, the Customer is responsible for his carrier's
charges, and for the condition of the goods from the moment they are
delivered to that carrier and/or other agent.
d) VAT may be
added to carriage charges according to the contents of the consignment:
if they comprise only zero-rated items, then the carriage charges are
also zero-rated; otherwise VAT must be added to carriage charges.
e) In the cases of special
delivery instructions, delivery to any address other than a recognised
Customer address, and all overseas deliveries, The German Bookshop
may invoice related charges, on a separate invoice if necessary, after
determining the total costs involved. In the case of overseas deliveries,
the Customer shall be responsible for all taxes, levies, duties and
charges of a similar nature arising outside the United Kingdom.
f) The goods will be delivered
to the address entered by you on the order form. Goods will normally
be despatched within the delivery delay indicated in the catalogue title
details, However time for delivery shall not be of the essence, and
The German Bookshop shall not be liable for any excess delay in delivery.
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8 Payment
a) The German
Bookshop's terms are strictly nett. No settlement discounts or other
deductions may be taken against the amount due. All amounts shown are
in Sterling unless clearly indicated otherwise.
b) The Customer
may apply all credit notes received from The German Bookshop against
the oldest outstanding amounts due to The German Bookshop.
c) The German
Bookshop offers registered account customers standard credit terms of
30 days from the end of the month of invoicing. Any special terms must
be agreed in writing by a director of The German Bookshop at the time
of ordering. No retrospective adjustments can be allowed. Payment is
due on or before the "due date" shown on each invoice. The
German Bookshop will charge interest on all overdue amounts at an annual
rate of 5% above Barclay's Bank Base Rate for the time being in force,
for the period from the due date shown on the invoice to the date of
payment (as well after as before judgement).
d) All legal
costs and other expenses of any kind incurred by The German Bookshop
in recovering overdue amounts will be payable by the Customer on a full
indemnity basis.
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9 Retention of title
All goods supplied
by The German Bookshop to the Customer remain the property of The German
Bookshop and/or The German Bookshop's suppliers until fully paid for,
when ownership passes to the Customer. The German Bookshop reserves
the right to repossess, or to pass to an agent or other third party
the right of possession of, any goods which shall not have been fully
paid for by the due date as shown on the invoice.
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11 Bibliographical
research
The German Bookshop's
bibliographical research facilities are based on a variety of CD-Rom
databases of books in print in the German and English languages.
Customers are asked to submit bibliographical
enquiries by fax on 0897 161153. This is a premium line.
An A4 sheet costs c.75p to transmit, the premium covering The
German Bookshop's return fax cost.
Bibliographical
information is given in good faith, but without warranty or guarantee
on the part of The German Bookshop. Sterling prices in particular are
quoted as guidelines only.
We regret we
cannot answer bibliographic enquiries by phone.
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12 Returns
The German Bookshop
has very limited possibilities for returning goods to the publishers,
or recycling them. Even when it is possible, the costs are usually prohibitive.
We must therefore apply the following general rules:
12.1 No returns
will be accepted for any reason of any goods not supplied by The German
Bookshop, or of any title which the Customer does not buy exclusively
from The German Bookshop.
12.2 Returns
not requiring authorisation
German Bookshop
errors, faulty manufacture, damage in transit
Returns will be
accepted at any time without prior authorisation of goods which have
manufacturing faults, or which have been supplied in error, or (subject
to paragraph 7 (c) above) have arrived damaged, provided that such returns
are notified to The German Bookshop by the Customer in writing not
more than two (2) weeks after receipt of the goods.
The complete
book or article must be returned in clean and resaleable condition subject
to the fault or damage in question; title pages or covers alone are
not sufficient.
The German Bookshop
will refund the carriage costs of all such returns.
The German Bookshop
reserves the right to refuse or reduce any claim for damage or error
submitted by the Customer more than two weeks after receipted delivery
of the goods.
12.3 Returns
requiring authorisation
The German Bookshop
may agree, exceptionally and at its own discretion, to take back specific
Overstocks. All such returns must comply with the following conditions:
i) All Overstock
returns must be authorised beforehand in writing by a director or a
manager of The German Bookshop.
ii) No Overstock
returns requests will be considered for goods delivered more than six
(6) months before the date of the request.
vi) All Overstock
Returns must be in clean and resaleable condition. No books stickered,
priced or otherwise marked other than by The German Bookshop will be
processed or credited.
vii) Credit for
Overstock returns can only be issued when the goods have been received
at The German Bookshop, and checked as fit for re-sale. No money
can be refunded.
viii) In the event
of receiving unauthorised returns, The German Bookshop will notify
the Customer and request her/him to make arrangements for their collection
or disposal. If no such arrangements have been made within four (4)
weeks of such notification, The German Bookshop may dispose of the
goods as most convenient to itself, and without compensation of any
kind.
ix) The Customer
is responsible for carriage charges for all Overstock returns, and for
all costs arising from the treatment of unauthorised returns by The
German Bookshop.
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13 Subscriptions (periodicals)
The German Bookshop
offers its subscription service on the following conditions:
i) in accepting
subscription instructions The German Bookshop is agreeing only to
act for and on behalf of the Customer in the performance of those administrative
tasks and functions which are required to initiate, administer and pay
for the subscription;
ii) in that capacity,
and because The German Bookshop at no stage has sight of or any control
over the physical publication or its distribution and delivery, The
German Bookshop accepts responsibility only for its own actions, errors
and omissions, and explicity disclaims responsibility for any default
on the part of the Publisher of the periodical, or his Distributor or
the postal or other delivery service used to deliver the periodical
to the Customer;
iii) the Customer
will carefully check all invoices and other documentation received from
The German Bookshop and/or the Publisher and/or the Distributor, and
will ensure that all material details conform to his wishes, to what
is actually received from the Publisher, and to what has been invoiced
or otherwise notified by The German Bookshop;
iv) the Customer
recognises that subscription invoices are payable in advance and, notwithstanding
any credit arrangements that may otherwise be in force between The German
Bookshop and the Customer, The German Bookshop shall have absolute
discretion to delay or cancel the subscription unless and until the
related invoice has been paid;
v) in the event
of having any complaint, the Customer will promptly notify The German
Bookshop in writing giving full and accurate details of the default;
vi) in the event
of any default whatsover, whether on the part of The German Bookshop
or of the Publisher and/or his Distributor and/or the delivery service,
The German Bookshop will use its reasonable endeavours to obtain appropriate
redress or compensation, which will however be limited to one of the
following remedies at its discretion:
a) replacement of any missing
issue(s);
b) a refund of a proportionate part of the subscription paid;
c) a proportionate extension of the subscription period.
The German Bookshop
shall be entitled to infer that a complaint has been settled to the
Customer's satisfaction if the Customer has not informed it otherwise
after an appropriate interval.
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14 Non-observance
of terms and conditions
All services,
discounts and credit facilities offered to the Customer in this document
or by any other contract or agreement are subject to these Terms and
Conditions, and may be withdrawn at any time in the event of non-observance.
In particular, The German Bookshop reserves the right to withdraw
all such facilities without prior notice if at any time the Customer's
account becomes overdue.
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15 Variation of terms and conditions
The German Bookshop
is always willing to consider specific variations to these Terms and
Conditions to meet particular needs, or to support initiatives by the
Customer which may promote the learning of the German language and
the study of German literature. But to avoid any misunderstandings,
all such variations must be agreed in advance, and in writing.
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16 Copyright
All books and
other materials are sold subject to the overriding condition that the
Customer will strictly observe the copyright conditions printed in or
on them.
17 Liability
The German Bookshop
shall not be liable to the Customer for any loss or damage which may
be suffered by the Customer as a direct or indirect result of the supply
or use of any goods or the purpose of the contract for supply being
directly or indirectly hindered or delayed by reason of any circumstance
outside the reasonable control of The German Bookshop including (without
limitation) any act of God, war, riot, trade dispute or labour disturbance,
accident, breakdown of machinery or plant, difficulty in obtaining workmen,
materials or transport, refusal of any licence or permit.
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