1: The purchase agreement is concluded in such way that the visitor of the website www.pabstpesch.eu sends her/his personal data, thus submitting an offer to Pabst & Pesch (hereinafter the ’Seller’), which the latter accepts by delivering the goods.
2: These General Conditions govern any commercial relationship with the Seller. The Buyer expressly accepts these General Conditions by submitting her/his offer. Any changes require the Seller’s prior agreement in writing. Should the Buyer disagree, [s]he shall return the goods forthwith; otherwise [s]he is deemed not to have opposed these General Conditions.
3: Orders shall not be deemed accepted until confirmed. Such confirmation lies in the Seller’s issuing an invoice.
4: Delivery will follow payment by credit card, where the goods are bought on the Seller’s website, or an invoice payable in advance, unless otherwise stated on such invoice. In any event, delivery shall always be at the Buyer’s risk and expense from the Seller’s premises. The Seller may make successive partial deliveries.
5: The Seller shall deliver to the address stated by the Buyer. The Seller will invoice the delivery cost indicated on the Seller’s website or by e-mail, as the case may be. In the event of substantial difficulties impairing delivery, deadlines may extend appropriately. Risk passes on to the Buyer the moment the goods are handed to a freight carrier. The same will apply to partial deliveries.
6: Claims shall be made within two weeks of receiving the goods and require the simultaneous submission to the Seller of the original invoice. Legitimate claims will entitle the Buyer to exchange the books, yet neither to a discount nor to a claim for damages.
7: Goods may only be returned in exceptional circumstances subject to the following conditions:
• the Seller’s prior agreement in writing;
• a simultaneous order of other available titles for the same amount; and
• reception by the Seller of the books, free of charge and in a condition to be sold.
Unjustified returns be rejected and sent back to the Buyer at her/his risk and expense.
8: The Seller will exchange free of charge any books with printing or binding defects.
9: All goods delivered shall remain the Seller’s property until such date as the invoiced amount and all other open claims, inclusive of related cost, have been definitely credited to the Seller.
10: Unless otherwise stated on the invoice, all invoices are payable immediately after reception of the goods delivery, net and without a discount. If an invoice is not paid on its due date, all other pending invoices and claims will become immediately payable, regardless of any agreed deadlines, as the case may be. The Seller reserves the right to charge interest on arrears at a rate three per cent (3%) above the discount right applied by the Seller’s bank.
11: All the Seller’s prices are denominated in Euro. By accepting the goods, the Buyer expressly accepts to respect the bookshop sales price set by the Seller (fixed price), which shall be inclusive of VAT. Upon any infringement of this clause the Seller may discontinue supply. Where the Buyer acts as an intermediary, [s]he shall impose the same obligation above on her/his client.
12: The Seller may store all data gathered in the framework of the commercial relationship for the purposes of the automated processing of such data.
13: Should any clauses of these General Conditions be or become invalid, the remainder would remain valid.
14: Any contract governed by these General Conditions shall, be fulfilled in Barcelona and the courts of jurisdictions are the courts of Barcelona, Spain.
Edicions Pabst & Pesch Verlag
c./ Vidal i Quadras, 4
E -08017 Barcelona
Telephone: +34 639015419
Telecopier +34 932724264
VAT No. ES X0116735X
Publisher: Claudia Pesch (firstname.lastname@example.org)