General Terms and Conditions of
Thieme RECOM GmbH
§ 1 Validity of the conditions/price fixing
The deliveries, services and offers of Thieme RECOM GmbH are based on these terms and conditions. Section 305 BGB applies. Thieme RECOM GmbH does not recognize any deviating terms and conditions of the customer unless Thieme RECOM GmbH has expressly agreed to their validity in writing. Resellers agree to comply with the fixed retail prices and, where applicable, to oblige their customers in the intermediate book trade accordingly.
§ 2 Conclusion of contract
The order conditions/terms of provision for the respective product (book, software, services), as they result from the product-specific order forms, among others, shall apply. You can order via the Internet, e-mail, phone, fax or post.
§ 3 Prices, price changes
The prices stated at the time of ordering are authoritative for invoicing. The prices for books include the statutory sales tax. The prices for software and services do not include the statutory sales tax, which is shown separately. Shipping costs are not included in the price.
§ 4 Delivery/invoicing/transfer of risk
Delivery is made with a fixed invoice, unless otherwise noted. We only deliver to commercial resellers on a fixed basis. Books and software can only be returned in exceptional cases and with written approval. Otherwise, the statutory provisions of § 320 et seqq. apply.
§ 5 Payment
You have the option of paying by direct debit or by invoice. You can revoke the direct debit at any time. Invoices are always payable strictly net. In the event of late payment, we are entitled to charge interest on arrears at a rate of 8% above the currently applicable base rate, but at least 10%. If the customer is in arrears with payment, payments shall be offset with priority against any interest and costs or against the oldest debt. Offsetting or withholding of payments due to counterclaims that are disputed by us or have not been legally established is not permitted.
§ 6 Retention of title
The delivered goods remain the property of Thieme RECOM GmbH until full payment has been received.
§ 7 Warranty and liability
The statutory warranty obligation applies. Defects in the ordered goods must be reported to Thieme RECOM GmbH immediately upon receipt or as soon as the defect is discovered. The defective delivery items must be kept ready for inspection or collection by Thieme RECOM GmbH in the condition in which they were at the time the defect was discovered. Claims for damages arising from positive breach of contract or tort are excluded both against Thieme RECOM GmbH and against its vicarious agents, unless the damage was caused intentionally or by gross negligence. Liability for other damages incurred by the costumer due to default of Thieme RECOM GmbH, due to an impossibility for which Thieme RECOM GmbH is responsible or due to the breach of an obligation, whose fulfillment is of particular importance for the achievement of the purpose of the contract, shall be limited to such damages that are typical and foreseeable due to the contractual use of the goods. Any further liability, in particular for damage not caused to the goods themselves, for lost profits or other financial losses incurred by the customer, is excluded.
§ 8 Copyrights
All publishing rights and copyrights in the products delivered are held by Thieme RECOM GmbH. Commercial reuse and reproduction of the texts and photos are prohibited. This applies to all products and the entire Internet offering of Thieme RECOM GmbH with the exception of the notices published on the website. It is prohibited to extract data from the portal or mobile applications using technical aids such as crawlers, spiders, text/data mining, or to store the content in database systems, e.g. as electronic press reviews or archives.
§ 9 Final provisions
Should any provision be or become invalid, the remaining provisions shall remain valid. The place of performance for business relations in consumer business is the registered office/place of residence of the customer. In the event of any disputes arising from the business relationship between us and our customers, if the customer is a registered trader, a legal entity under public law, or a special fund under public law, legal action shall be brought before the court with jurisdiction for our headquarters. We are also entitled to bring legal action at the customer's head office. If the customer is domiciled or habitually resident abroad, Kassel shall be the place of jurisdiction for all claims in connection with the order.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR) which can be found at http://ec.europa.eu/consumers/odr/ Consumers have the option of using this platform to resolve their disputes. We are fundamentally willing to participate in out-of-court arbitration proceedings.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR) which can be found at http://ec.europa.eu/consumers/odr/ Consumers have the option of using this platform to resolve their disputes. We are fundamentally willing to participate in out-of-court arbitration proceedings.
Thieme RECOM GmbH expressly reserves the right to use its content for commercial text and data mining within the meaning of Section 44b of the German Copyright Act (UrhG), and the content may not be used for the development, training, and/or enrichment of AI systems, in particular generative AI systems, or for similar purposes. To purchase a corresponding license, please contact info@recom.eu.