Dr.-Ing. Paul Christiani GmbH & Co. KG Technisches Lehrinstitut und Verlag,
legally represented by Christiani Verwaltungs GmbH, itself represented by its Managing
Directors Ralf Detzel, Helmut Fromm and Ludwig Pfister, hereinafter
referred to as Christiani, Hermann-Hesse-Weg 2, 78464 Konstanz
I. Sphere of application
These General Terms and Conditions of Business,
in the latest version as at the date of conclusion of the contract in question,
always apply to all mutual claims arising out of and in connection with a contract
concluded between the Customer and Christiani.
II. Object of the contract
Christiani shall supply the goods ordered
by the Customer following acceptance of a quotation. Should Christiani find subsequently
that an error has occurred at Christiani, e.g. in the details of a product, a price
or availability for delivery, Christiani will inform the Customer of this immediately.
The Customer may then confirm the order subject to the changed conditions; if not,
Christiani is entitled to withdraw from the contract. No further claims may be made
in this context.
III. Conclusion of contract
A contract in respect of an item or service
offered comes into existence on acceptance of the offer of the contract by Christiani.
The Customer shall be informed of acceptance of its request for a contract either
by means of confirmation by Christiani of the order or, at the latest, by means
of delivery of the goods ordered.
IV. Return/replacement (only applies to traders)
If Christiani agrees
to the return or replacement of goods in individual cases, the Customer is obliged
to prepare the goods within 48 hours for dispatch or collection by Christiani or
its agents. The Customer is not entitled to return the goods under its own initiative.
In the case of orders for less than EUR 40.00, the Customer shall bear the cost
of the return unless the goods are not in line with those ordered.
V. Subject to availability
Should Christiani become aware after conclusion
of the contract that the goods ordered are no longer available from Christiani or
cannot be supplied on legal grounds, Christiani may either offer goods or services
equal in quality and price or withdraw from the contract. The offer of an alternative
delivery or withdrawal takes effect immediately, no later than within 6 working
days of receipt of the Customer's offer. Any payments already made shall be reimbursed
by Christiani immediately on withdrawal from the contract by Christiani or the Customer.
Delivery of the goods is at the expense and risk of the
Customer, ex works Christiani, unless the Customer is a consumer. In the case of
orders above EUR 260, Christiani shall bear all costs of delivery as far as the
destination within this country, provided the carrier is specified by Christiani.
Exceptions to this are consignments where a package exceeds either the maximum dimensions
or maximum weight of a Europack (DHL) or package (UPS), for example equipment for
fitting out specialist rooms, teaching systems, machines and training stands. In
these cases, Christiani is entitled to invoice delivery costs even in the case of
orders with a value in excess of EUR 260. The actual delivery cost of consignments
sent abroad will be charged.
For orders below EUR 260, Christiani will invoice:
1. For loose-leaf binders,
books, CD-ROMs and past examination questions, a delivery cost contribution of EUR
4.64 including VAT.
2. For all other products, the actual delivery costs.
Christiani will not charge for additional deliveries if it is at fault. Missing
boxes or damage in transit must be notified by the Customer to the responsible post
office or transport company within 24 hours. This also applies to damage caused
despite proper packaging. Compensation can only be paid on submission of the record
The prices for books are inclusive of VAT at the statutory
rate; the prices for all other products are exclusive of VAT at the statutory rate.
The prices are binding and deliveries both home and abroad are ex works in Euros.
Christiani seeks to establish long-term contracts with suppliers in order to guarantee
the prices for the period of validity of the catalogue. Upward or downward price
adjustments may be made in the case of extreme variations in exchange rates or other
economic developments. The current prices as at the date of order shall apply. Invoices
are payable within 14 days of the date of invoice with a 2% discount or within 30
days without deduction. Products from our publishing house (books, magazines and
other book trade items) are excluded from the discount. In exceptional cases, we
reserve the right to request payment in advance. The invoice shows the net price
for the goods, together with the price of any additions: packaging, dispatch, insurance,
VAT applicable at the time the invoice is issued, etc.
VIII. Reservation of title
Christiani reserves the rights to all goods
delivered to the Customer until full and final payment has been made for the goods
delivered. Where Christiani replaces an item under the warranty, it is hereby agreed
that the ownership of the goods replaced passes to Christiani at the moment the
Customer receives the replacement.
Christiani warrants that the products are, at the moment
of transfer of risk, free from material defects and defective title. If the Customer
is not a consumer, he must check the goods immediately on receipt of the consignment
for completeness and any defects, and, if any defects are found, must notify Christiani
of these no later than within one week of receipt. If there is a defect, the purchaser
is entitled to demand rectification. If the rectification fails twice, the Customer
is entitled to reduce the purchase price or withdraw from the contract. Further
claims, in particular claims for compensation, are excluded, regardless of the legal
basis. This limitation of liability does not apply provided the claim for compensation
is due to malicious intent or gross negligence on the part of Christiani, or to
personal injury. This is without prejudice to claims by the Customer arising from
warranty declarations by the manufacturer of technical products included with the
products. The length of the warranty is 12 months, or in the case of legal transactions
with consumers, 2 years. Christiani only accepts warranty obligations relating to
the individual goods ordered from it, but not for aggregated entities unless this
has been expressly agreed with the Customer.
Christiani, its management and employees are only liable
within the scope of the foregoing provisions, augmented by the compelling legal
provisions. The liability for Christiani employees is limited to typical foreseeable
damages; consequential damages are excluded. According to the current state of the
art, neither data processing systems nor software always offer error-free operation.
Accordingly, Christiani cannot technically ensure the unconditionally fault-free
operation of the online trading system. The imponderables of the Internet itself
must also be taken into account. Christiani is therefore not liable for damages
due to the fact that offers to purchase sent by the customer may not have been received
by Christiani or have been overlooked there, due to technical defects. This excludes
any malicious intent by Christiani. This is without prejudice to any liability by
Christiani in accordance with the product liability laws.
XI. Data protection
Christiani guarantees that it will only obtain,
process, save and use any customer data provided with orders in connection with
the processing of that order. Christiani will only pass on customer data to connected
companies for the purpose of order processing.
XII. Choice of law
The legal relations between Christiani and the Customer
and the relevant Terms and Conditions of Business are governed by German law. The
UN Convention on the International Sale of Goods of 11.04.1988 does not apply. The
provisions of the foregoing paragraph are without prejudice to any compelling provisions
of the law of the state in which the Customer is domiciled, if and to the extent
that the Customer has concluded a purchase contract, that cannot be assigned to
the Customer's professional or commercial activities (consumer contract) and provided
the Customer has undertaken the legal negotiations required for the conclusion of
the purchase contract in the state of its usual domicile.
XIII. Miscellaneous provisions
The Customer has no right of set-off
or retention unless the claim is undisputed or has been definitively confirmed in
a court of law. For businesses, the place of performance for both payments and deliveries
is the location of the Christiani headquarters. Should any individual provisions
of this contract be wholly or partially invalid, or if they subsequently lose their
validity, this shall not affect the validity of the remainder of the contract. In
this case, the parties undertake to replace the invalid provision with a valid provision
that, so far as legally possible, most closely approximates to the economic purpose
of the invalid provision, taking account of the interests of the parties as evident
from this contract. The same applies should the contract be found to contain any
omissions not intended by one of the parties.
The exclusive place of jurisdiction is Konstanz or another legal place of jurisdiction
at the discretion of Christiani, provided the Customer is a merchant as provided
by the German Commercial Code or a corporate body under public law.
Correct as of: 14.07.2015