Terms and conditions

Scope

Orders, deliveries and other services of the Publisher shall be executed exclusively in accordance with the following General Terms and Conditions of Delivery and Payment, which the Customer acknowledges by placing the order or accepting the delivery. We do not accept any regulations deviating from these conditions unless they are confirmed in writing by the Publisher.

Right of withdrawal

You can revoke your contractual declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods have been delivered to you before the deadline - by returning the goods. You can use our sample revocation form, which is not mandatory. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our obligations under § 312e para 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods suffices to comply with the revocation period.

The revocation must be addressed to:
Pabst Science Publishers
Wolfgang Pabst (e. K.)
Eichengrund 28, 49525 Lengerich, Germany
pabst@pabst-publishers.com
Fax: +49 (0) 5484 / 550

Consequences of revocation

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return to us the services received in whole or in part or only in a deteriorated condition, you must pay us compensation in this respect. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a retail shop. You do not have to pay compensation for any deterioration caused by the intended use of the goods.
Items that can be sent by parcel post are to be returned at our risk. You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euro or if, in the case of a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge for you. Items that cannot be sent as parcels will be collected from you. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins with the dispatch of your declaration of revocation or the goods, for us the period begins with their receipt.
End of the revocation instruction.

Right of return

You can return the received goods without giving reasons within 14 days by returning the goods. The period begins after receipt of this instruction in text form (e.g. as letter, fax, e-mail), but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Only in the case of goods that cannot be sent by parcel post (e.g. bulky goods) can you declare the return of the goods in text form by requesting their return. The timely dispatch of the goods or the return request is sufficient to meet the deadline. In each case the return takes place at our expense and risk. The return or request for return must be made to:
Pabst Science Publishers
Wolfgang Pabst (e. K.)
Eichengrund 28, 49525 Lengerich, Germany
pabst@pabst-publishers.com
Fax: +49 (0) 5484 / 550

Return consequences

In the event of an effective return, the services received by both parties must be returned and any benefits derived (e.g. advantages of use) must be surrendered. In the event of deterioration of the goods, compensation can be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection - as it would have been possible in a shop. You do not have to pay compensation for any deterioration caused by the intended use of the goods.
Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the return request, for us with the receipt.
End of the return instruction.

Terms of delivery

Books, magazines and other products of the Publisher are delivered from the place of dispatch on account of the customer. Postage, packaging and processing costs will not be charged additionally. The Publisher reserves the right to deliver against prepayment.
The place of performance is our delivery warehouse. The information on the delivery period is non-binding unless the delivery date has been bindingly agreed as an exception.
The Publisher is entitled to make partial deliveries.

Warranty

If the goods delivered to the customer have defects that are subject to warranty, the customer, as the buyer, can either demand removal of the defect or replacement delivery.
If the Publisher seriously and finally refuses to fulfil the contract or if the remedy of defects or replacement delivery has failed, if it is unreasonable for the Customer or if the Publisher has refused to do so due to disproportionate costs pursuant to § 439 para. 3 BGB (German Civil Code), the Customer may at its discretion withdraw from the contract, reduce the purchase price or claim damages in lieu of performance (or, if applicable, reimbursement of its expenses) in accordance with the statutory provisions.
The period of limitation for the warranty claim regarding the delivered goods is 2 years from the date of delivery of the goods.

Liability

The Publisher shall be liable without limitation for damages for culpably caused damage to life, limb and health, for damage caused in an intentional or grossly negligent manner by the Publisher or its vicarious agents, to the extent that the Publisher has assumed a guarantee for a particular quality of the goods, the ability to procure them or another guarantee - for damage arising from the non-fulfilment of such a guarantee, as well as in accordance with the provisions of the Product Liability Act or any other mandatory statutory liability provisions.
In the event of a slightly negligent breach of material contractual obligations, the Publisher's liability shall be limited in amount to the foreseeable damage typical of the contract, which as a rule shall not exceed the purchase price of the goods ordered.
The Publisher is not liable beyond that.
The above provisions shall apply to all claims for damages, irrespective of their legal basis, in particular also to liability for tort.

Terms of payment

The purchase price is due upon receipt of the goods, unless otherwise agreed. Payments in foreign currency are accepted at the current exchange rate.
The Publisher is entitled to withdraw from the contract if the customer is in default of payment. If the customer is in default of payment, the Publisher shall be entitled to charge interest on arrears at a rate of 5% above the base rate of the European Central Bank, provided that no lesser damage is proven.
Even without a reminder, the customer shall be in default if payment is not made within 14 days of receipt of the invoice. The customer will be informed of this separately in the invoice.

Retention of title

Our deliveries are subject to retention of title according to § 455 BGB (German Civil Code). The delivered goods shall remain the property of the Publisher until complete payment of all existing principal and ancillary claims from previous and future deliveries. In the event of resale, the claim arising shall take the place of the goods; it shall be assigned in advance to the Publisher to secure its claim. The Publisher accepts this assignment.
If the purchaser includes claims arising from a resale of the reserved goods in a current account relationship existing with a third party, the respective recognised periodic balance shall be deemed assigned after the individual current account claims have been netted or, if this balance in turn is included in the current account, the final balance arising with the termination of the current account relationship. The Publisher hereby also accepts this assignment.
If the Publisher's claims are included in a current account relationship existing with the Customer, the agreed retention of title shall serve as security for the Publisher's balance claims. The buyer is obliged to inform the Publisher immediately of any third party access to the reserved goods or the claim arising from resale.

Data protection

The personal data provided by the customer upon acceptance or in the later course of the business relationship will be processed, in particular stored, by the Publisher for the fulfilment of our business purposes in compliance with the provisions of the Federal Data Protection Act (BDSG/DSGVO). Click here to see the Data Privacy Statement
The customer has the right to delete or correct his personal data at any time. The personal data will not be passed on to third parties. In order to process and execute orders as quickly as possible, the Publisher requires the following data: full name, e-mail address, telephone number, delivery address and, in the case of direct debit, bank code and account number.
We need the e-mail address and telephone number in order to keep the customer informed about the order status and to be able to contact the customer in case of shipping problems. If the customer wishes his personal data to be deleted or changed, please inform the Publisher in writing.

Miscellaneous

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the customer orders from abroad or is delivered abroad. If the customer has his residence or habitual abode abroad, Tecklenburg shall be the place of jurisdiction for all claims arising from the order. The Publisher is also entitled to sue at the general place of jurisdiction. In the event of a legal dispute, the address at or to which a summons may be served is:
Pabst Science Publishers, Wolfgang Pabst (e. K.), Eichengrund 28, D-49525 Lengerich (Germany).
The customer shall only have the right to set-off or reduction if his counterclaims have been legally established or if we have acknowledged them in writing. The customer is only entitled to withhold payment if the claims are based on the same contractual relationship.
Should one or more clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.