Terms & Conditions – Neumann Verlage

Scope of Application

Shipping

• No discounts can be granted on postage, repackaging, shipping packaging, promotional materials, product presentations, or any transport insurance or surcharges.
• Unless otherwise stated in the order confirmation, our prices are "ex works."
• Shipping is at the buyer's expense and risk with the following shipping cost contribution (all prices plus VAT): For parcel delivery, the following scale applies per shipment based on net purchase values in €: From €50.00 – €250.00: €8.90 €250.01 – €1,000.00: €14.90 €1,000.01 – €2,000.00: €19.90 €2,000.01 – €3,000.00: €24.90 €3,000.01 – €5,000.00: €29.90 from €5,000.01: €39.90 For pallet delivery, a minimum fee of €54.90 per delivery applies: up to 750 kg pallet/shipping €0.36 per kg up to 1,500 kg pallet/shipping €0.33 per kg up to 3,000 kg pallet/shipping €0.30 per kg from 3,001 kg pallet/shipping €0.23 per kg
• The shipping cost model applies exclusively to deliveries within Germany and only to shipments that meet the standard dimensions of the carriers. Shipments from 150 kg are delivered as freight/pallet shipments.
• Delivery via book delivery service is possible.

Delivery

• All orders are executed subject to the seller's delivery capabilities, and the stated delivery dates or periods are generally non-binding unless they have been expressly confirmed in writing as binding delivery dates or periods.
• A delivery date or period generally refers only to the dispatch of the delivery and does not constitute a fixed transaction.
• The buyer agrees to partial delivery(s).
• There is no obligation to deliver for subsequent deliveries with an order value of less than €50 or entitles to a minimum value surcharge of €9.90 and shipping costs.
• The customer agrees to the bundling of small deliveries.
• The specified delivery time presupposes the clarification of all technical questions.
• Compliance with our delivery obligation further presupposes the timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract remains reserved.
• The publisher cannot be held liable for exceeding the delivery time due to force majeure. In the event of a delay in delivery, the client may only assert their statutory rights after setting a reasonable grace period.
• If the customer is in default of acceptance or culpably violates other cooperation obligations, we are entitled to claim compensation for the damage incurred, including any additional expenses. Further claims or rights remain reserved.
• If the conditions of section 5.9 are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time they are in default of acceptance or debtor default.
• We are also liable under statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract attributable to us; any fault of our representatives or vicarious agents is attributable to us. If the delay in delivery is due to a grossly negligent breach of contract attributable to us, our liability for damages is limited to the foreseeable, typically occurring damage.
• We are also liable under statutory provisions insofar as the delay in delivery attributable to us is due to the culpable breach of a material contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage.
• Further statutory claims and rights of the customer remain reserved. Complaints Complaints must be made immediately, at the latest within 8 days of receipt of the goods, in writing. Transport damage must be reported immediately to the freight company upon receipt of the goods and confirmed.

Calendar Reporting

• Calendar Reporting for Credit Note

  If a return right for calendars is agreed upon, the following applies: Unsold calendars (max. 20% of the order value) reported between January 21 and February 14 will be credited at half the purchase price. The calendars then remain with you. The publisher is entitled to verify your information or act differently out of goodwill without rendering the conditions stated here invalid. Deviating side agreements require written form. Please send a written report of your inventory, including title, quantity, GTIN/EAN, and reference information with the note "Credit Note" between January 21 and February 14.

• Calendar Reporting for Returns

  The return of calendars (max. 20% of the order value) is carried out by handing them over to sales representatives or by approved return of flawless, resalable copies or by returning the cover sheet, two arbitrary monthly sheets, and the back of the calendar with a barcode. Only one return is possible, which must be received between February 15 and March 15 after the respective calendar season at the following address: Neumann Verlage Calendar Reporting c/o ZETTLER Kalender GmbH, Landsberger Straße 8, 86830 Schwabmünchen. Returns received later cannot be accepted or credited. Please therefore consider the specified return period. The return must be "carriage paid."
  • Please understand that mixed forms of credit note and return are not possible.
  • In the event of payment default, the right to return or credit expires.
  • Direct offsetting with the credit note is not possible. It is automatically offset against your new order.
  • Please note that for a return before February 15, only flawless copies in a resalable condition can be credited at the full purchase price.

Retention of Title

• We retain ownership of the purchased item until all payments from the delivery contract have been received. In the event of a breach of contract by the customer, particularly in the event of default in payment, we are entitled to take back the purchased item. Taking back the purchased item constitutes a withdrawal from the contract.
• After taking back the purchased item, we are entitled to dispose of it; the proceeds from the disposal are to be offset against the customer's liabilities – less reasonable disposal costs.
• The customer is obliged to handle the purchased item with care.
• In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can file a lawsuit under § 771 ZPO. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit under § 771 ZPO, the customer is liable for the loss incurred by us.
• The customer is entitled to resell the purchased item in the ordinary course of business; however, they hereby assign to us all claims in the amount of the final invoice amount (including VAT) of our claim that arise from the resale against their customers or third parties, regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect these claims even after the assignment. Our authority to collect the claim ourselves remains unaffected.
• However, we undertake not to collect the claim as long as the customer meets their payment obligations from the collected proceeds, is not in default of payment, and, in particular, no application for the opening of insolvency proceedings has been filed or payment has been suspended. If this is the case, however, we can demand that the customer inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the associated documents, and notify the debtors (third parties) of the assignment.
• The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. The same applies to the item created by processing as to the purchased item delivered under reservation.
• If the purchased item is inseparably mixed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing is done in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers co-ownership to us proportionately. The customer keeps the sole ownership or co-ownership thus created for us.

Payment

Default in Payment

• Default occurs automatically if the agreed payment terms are exceeded by more than 14 days. No separate reminder is required.
• In the event of default, default interest at the respective bank interest rate for current account credit must be paid. If a significant deterioration in the financial circumstances of the client becomes known or if they default on a payment, the seller has the right to demand immediate payment of all outstanding invoices, including those not yet due.
• The seller also has the right to stop work on the client's ongoing orders.
• In the event of default, any agreed return or credit right expires.

Copyright

Warranty

• The customer's warranty claims require that they have properly fulfilled their obligations to inspect and report defects in accordance with § 377 HGB.
• If a defect in the purchased item exists, we are entitled, at our discretion, to subsequent performance in the form of defect rectification or delivery of a new defect-free item.
• In the case of defect rectification or replacement delivery, we are obliged to bear all expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor, and material costs, provided these are not increased because the purchased item was moved to a location other than the place of performance.
• If subsequent performance fails, the customer is entitled, at their discretion, to demand withdrawal or reduction.
• We are liable under statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. If we are not accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.
• We are liable under statutory provisions if we culpably breach a material contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage.
• If the customer is otherwise entitled to claim damages instead of performance due to a negligent breach of duty, our liability is limited to compensation for the foreseeable, typically occurring damage.
• Liability for culpable injury to life, body, or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
• Unless otherwise regulated above, liability is excluded.
• The limitation period for warranty claims is 24 months, calculated from the transfer of risk.
• The limitation period in the case of recourse claims under §§ 478, 479 BGB remains unaffected; it is five years, calculated from the delivery of the defective item.

Overall Liability

• Further liability for damages beyond that provided for in (§ WARRANTY) is excluded, regardless of the legal nature of the asserted claim.
• This applies in particular to claims for damages due to culpa in contrahendo, due to other breaches of duty, or due to tort claims for compensation for property damage under § 823 BGB.
• The limitation according to paragraph (1) also applies insofar as the customer demands compensation for useless expenses instead of a claim for damages instead of performance.
• If our liability for damages is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives, and vicarious agents.

Force Majeure

• Operational disruptions – both in our own operations and in third-party operations on which production or transport depends – caused by war, strike, pandemic, lockout, riot, energy shortages, failure of means of transport, work restrictions, as well as all other cases of force majeure, release us from compliance with the agreed delivery times and prices.
• An extension of the delivery time caused by this does not entitle the buyer to withdraw from the order or hold the seller responsible for any damage incurred. Shipping is at the recipient's expense and risk.

General

• The seller reserves the right to change these General Terms and Conditions of Sale and Delivery at any time for factual reasons, especially to adapt to legal requirements, with effect for the future.
• Our offers are non-binding with regard to articles, prices, and binding effect.
• The legal relationships with us are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention.
• The exclusive place of jurisdiction and performance is agreed to be Kiel in all cases.
• Should individual provisions of the above conditions be wholly or partially invalid, this does not affect the validity of the remaining provisions.

Company Information