The deliveries, services and offers of RECOM GmbH shall be based on these terms and conditions. § 305 of the German Civil Code (BGB) applies. Deviant conditions of the customer are not recognized by RECOM GmbH, unless RECOM GmbH has expressly agreed their validity in writing. Resellers agree to comply with the fixed retail prices and to obliging their customers in the intermediate book trade accordingly.
Binding are the terms of delivery/terms of assignment for the respective product (book, software, services) as they result, among others, from the product-specific order forms. You can order by Internet, e-mail, phone, fax, or post.
Binding for the invoicing are the stated prices at the time of the order. The prices for books include value added tax. The prices for software and services are without value added tax, this is shown separately. Shipping costs are not included in the price.
The delivery takes place with fixed invoice, unless otherwise stated. We deliver to commercial resellers only with fixed invoices. Books and software can be taken back only in exceptional cases and after written approval. Otherwise the statutory provisions of § 320 et seqq. apply.
You have the possibility to pay by direct debit or by invoice. You can withdraw the direct debit authorization at any time. Invoices are always to be paid net. In the event of a delay of payment we are entitled to demand default interest at a rate of 8 % above the current base rate, but at least 10 %. In case of payment arrears of the customer, payments are primarily offset against interest and costs or the oldest debt. Offsetting or withholding payments due to counterclaims which we dispute or which are not legally binding are not allowed.
The delivered goods remain the property of RECOM GmbH until full payment.
The statutory warranty obligation applies. Defects of the ordered goods shall be reported to RECOM GmbH immediately upon receipt or if the defect is known. The defect delivery items shall be kept ready for inspection or collection by RECOM GmbH in which they were at the time of the discovery of the defect. Claims for damages from positive breach of contract or unauthorized action are excluded both against RECOM GmbH as well as against their employees or vicarious agents unless the damage resulted from intention or gross negligence. Liability for other damages of the costumer from the delay of RECOM GmbH, or an impossibility for which RECOM GmbH is responsible or the violation of any duty which compliance is of special importance for the achievement of the purpose of the contract, will be limited to damages which are typical and predictable for the contractural use of the goods. Further liability is excluded in particular for damages which do not occur to the goods themselves, for lost profits or other financial losses of the customer.
Copyright as well as all publishing and copyrights of the delivered goods are with RECOM GmbH. Commercial re-use and duplication of texts and photos are prohibited. This applies to all products and the entire Internet offer of RECOM GmbH with the exception of announcements published on the website.
If a provision is or becomes invalid, the validity of the remaining provisions shall be unaffected. Place of performance for the relationships in the consumer business is the seat/place of living of the customer. In any dispute resulting from the business relations between us and other customers, when the customer is a merchant, a legal person under public law, or a special fund under public law, a suit is to be instituted at the court which is responsible for our headquarters. We shall also be entitled to institute a suit at the headquarters of the customer. If the customer has his residence or domicile abroad, the place of jurisdiction for all claims arising related to the order is Kassel, Germany.