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General Terms and Conditions of Business (1 September 2009)

Institut für internationale Architektur-Dokumentation GmbH & Co. KG
Hackerbrücke 6
80335 Munich
Germany
VAT ID No.: DE 813334479


- hereinafter referred to as "Institute" -

Conditions of delivery and payment for books, individual magazines and subscription


1. Customer's right to return individual magazines and books
2. Packaging and forwarding expenses
3. Value added tax
4. Method of payment
5. Subscription conditions
6. Cancellation of orders by the Customer
7. Delivery time 8. Other


Section 1 – Scope of application

Our website is not directed at persons in countries, where the provision and or the retrieval of the content made available therein is forbidden. Users are individually responsible for informing themselves and adhering to any such restrictions before accessing our website.
The following General Terms and Conditions (GTaC) apply to all business relationships between the Institute and the Customer, whereby the respective version valid at the time of the order placement applies. Any deviating agreement requires our written confirmation before it can become effective.

Section 2 - Termination of contract and withdrawal
The Institute will execute the order under the conditions stated on the website. The respective cost of usage can be derived from the information provided on the website. The applicable amount is the one shown on the date of the completion of contract. Where there are typographical, printing or calculatory errors, the Institute reserves the right to withdraw.

Section 3 – Terms of delivery
Unless otherwise agreed, orders will be delivered ex warehouse to the address specified by the Customer and at the Customer's risk. Postage, packaging and processing costs shall be charged separately. The Institute reserves the right to require advance payment before delivering goods. Details concerning delivery dates shall not be binding unless, in exceptional cases, a binding guarantee of the delivery has been given.
The Institute shall be entitled to make part deliveries.

Section 4 – Terms of payment
The purchase price shall be due upon receipt of the goods unless any other agreement has been made. Payment is requested to be made by remittance, cheque, credit card or direct debit (only in Germany). If the Customer does not pay after a reminder, the claim will be assigned to the publishers' collection office in Hamburg for further legal processing.

Section 5 – Reservation of title

The Institute reserves the title to deliveries made by the Institute. The delivered goods shall remain the property of the Institute until all existing claims from past and future deliveries have been settled.

Section 6 - Warranty and liability
Where a shipment has defects for which the Institute can be held responsible, the Institute shall at its own discretion either correct such defects or provide a substitute delivery. If the Institute is not in a position to provide a correction/substitute delivery, or if such measures are delayed for an unreasonable length of time for reasons for which the Institute is responsible, or if the correction/substitute delivery fails, the Customer may at his own discretion either withdraw from the contract or request a price reduction. All further claims on the part of the Customer for material deficiencies are excluded.

Section 7- Offset and retention
The Customer shall only be entitled to offset or reduce the purchase price if his or her counter-claims have been finally and conclusively established or if the Institute has acknowledged said claims in writing. The Customer shall only be entitled to withhold payment if the claims arise form the same contractual relationship.

Section 8 - Data protection
Your information is in safe hands. The transmission of your personal information is categorically forbidden. Your information will be used only to process your order. For advertising purposes, product and market research your information will be used only with your explicit consent. If you do not want your information used for advertising purposes you can at any time refuse your consent.

Section 9 - Disclaimer
The Institute cannot take responsibility for information found on third party web sites outside its control. While we attempt to provide links only to third-party web sites that comply with all applicable laws, regulations and our standards, please understand that the content on these third-party web sites is subject to change without notice to the Institute.
We therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party web site.

Section 10 - Place of performance, applicable law and place of jurisdiction
The exclusive place of performance for all claims is Munich. The agreement shall be governed by German law, without recourse of the UN convention on Contracts for the International Sale of Goods, even if the Customer places an order from abroad or if goods are delivered to an address outside Germany. If the Customer´s legal domicile or usual place of residence is outside Germany , the place of jurisdiction for any claims arising from the order shall be Munich.

Section 11 - Online database “DETAIL inspiration”

  1. The institute offers customers access to articles and design drawings (“Material”) in the online database “DETAIL inspiration” (“Database”) on the basis of a paid subscription agreement.
  2. The institute assumes no liability and makes no guarantees whatsoever for the availability of the database.  The institute strives to maintain 24-hour availability of the database. Exceptions are those periods when work is being conducted on the system or the database. The institute is authorised at all times to shut down the database and to restrict, expand and/or alter the available material. Statements made by the institute in the subscription agreement or on websites regarding the database are understood to be solely descriptions of its condition and are not a guarantee or assurance of a particular property.
  3. Pursuant to the subscription agreement and the provisions of this § 11, upon payment of the owed subscription agreement fee the customer receives the non-exclusive, non-transferable right to use the material in accordance with this § 11 for himself/herself and for the contractually stipulated authorised users. This usage right is limited to the term of the subscription agreement.
  4. Registration is required to use the database. The customer selects a user name and password when registering. The customer is responsible for maintaining the secrecy of the user name and password and is obligated to pay all of the payment claims asserted by the institute emerging from the usage of the user name and password. The burden of proof for any abuse of the user data is upon the customer. The institute can block or delete the access if there are grounds for suspecting the abuse of the user data. The institute will notify the user without delay regarding such blockage or deletion of access.
  5. The customer is responsible for fulfilling and maintaining the technical requirements for the access to the database, in particular as regards the implemented hardware and operating system software, the Internet connection and the latest browser software. The customer is obligated to undertake the measures necessary to safeguard his/her systems, in particular to use the standard security settings of the browser and up-to-date protective mechanisms for blocking malware.
  6. Usage of the database is limited to the number of authorised users stipulated in the subscription agreement. To the extent that no access via an IP check is agreed, the authorised users must be specified by name by the customer. If the customer purchases a single-terminal license, only the customer is authorised to use the material. If the customer purchases a multi-terminal license, then access authorisation is only granted for those IP addresses or user names and passwords registered with the institute. The institute is authorised to examine whether the provisions for usage are being complied with. Authorised users are permitted to use the material via computer workstations located inside the physical premises of the customer or, if permitted by the customer, remotely via the customer’s secure network.
  7. The usage right only authorises access for purposes of research and reading, downloading and the storage of the material one time only on the computer of the customer or the authorised user. The customer or authorised user is also permitted to print out the document one time only. The prior written consent of the institute is required for the further reproduction or other utilisation of documents or material from the database. It is not permitted to forward the material to third parties or to reproduce and/or provide public access to the material, in particular via other networks and/or the Internet. Additionally, it is not permitted to use or exploit the material in part or in whole by means of its sale, hiring, lease, loan or otherwise to third parties.
  8. Furthermore, it is not permitted to use and/or permanently store the material in part or in whole for the construction of a systematic collection or in a local retrieval system. Entry of the material in databases or database works is not permitted. Downloaded material is fundamentally only permitted to be stored for the duration of the subscription and must be deleted thereafter. The institute waives the right to require the return of the material. Permanent archiving of the material is not permitted.
  9. The institute is authorised to undertake technical measures for the prevention of usage exceeding the permitted scope, in particular to install corresponding access bans. The customer is not permitted to employ any equipment, products or other means or materials which serve to evade or override the technical measures implemented by the institute. In particular, the customer is not permitted to utilise any robots, web crawler and spider programmes, meta search engines or comparable technologies which automatically access, search and/or index content from the online database. In the event of abuse, the institute is authorised to immediately block or delete access to the database. Further rights and claims of the institute, in particular the rights to extraordinary termination for good cause and damage compensation claims, remain unaffected by the above.
  10. The customer and authorised users are not permitted to edit, process or otherwise alter the material either in part or in whole.
  11. The institute assumes no warranty/liability whatsoever for the content-related accuracy or usability of the material.
  12. The institute does not bear the risk of data loss along the transmission routes. The risk is transferred to the customer when the material is provided for access on the server.
  13. The customer is obligated to inform the authorised users of the above provisions and to ensure that these provisions are complied with.


Section 12 - Severability Clause
In the event that one or several of these terms of business are invalid wholly or in part, this shall not affect the validity of the remaining provisions.

Conditions of delivery and payment for books, individual magazines and subscriptions


1. Customer's right to return individual magazines and books

Customers may return books and individually purchased magazines without stating reasons within two weeks after receipt of said goods. Goods shall be returned together with the original invoice and in a faultless condition; to maintain the deadline it is sufficient to dispatch the goods within the two weeks period. Address your return delivery to:

Leserservice DETAIL / Institut fuer internationale
Architektur-Dokumentation GmbH & Co. KG
Vertriebsunion Meynen
65341 Eltville
Germany


2. Packaging and forwarding expenses

Books and individually purchased magazines

Goods will be packed in compliance with standard business practices. The Institute will choose the transport route and the means of transport. Generally, shipment will be by mail. The cost of packaging and shipment will be assumed by the Customer.
The cost of shipping books and individually purchased magazines outside of Germany (via surface mail) is as follows (+7% VAT, if applicable):

for 1 DETAIL magazine:
€ 5.95
GBP 4.06
USD 7.80
CHF 9.90

for 1 book:
€ 12.-
GBP 8.20
USD 16.40
CHF 20.-

The cost of shipping books and individually purchased magazines within Germany is as follows:

for 1 DETAIL magazine:
€ 3.75
GBP 2.56
USD 4.70
CHF 6.20

for 1-2 books:
€ 6.70
GBP 4.58
USD 8.30
CHF 11.20

for 3-10 books:
€ 8.95
GBP 6.11
USD 11.10
CHF 14.90

For greater quantities, the weight of the respective shipment is used as a basis for determining the cost. The Online Shop calculates the exact cost of shipment and displays it on the screen.


Subscriptions

The costs of shipment for an annual subscription DETAIL German/English (12 issues) are as follows:
Germany: € 25.20                  
Austria: € 31.00 (plus 7% VAT, if no VAT Identification Number is specified)
Switzerland: CHF 73.20                  
EU: € 43.00 / GBP 30.40 (plus 7% VAT, if no VAT Identification Number is specified)
Europe other than EU: € 43.00                  
Overseas: € 49,00 / USD 70.00             
Overseas (via airmail): USD 98.00                  

The costs of shipment for a two-year subscription DETAIL German/English (20 issues) are twice the costs of shipment for the one-year subscription.
Germany: € 50.40                  

The costs of shipment for a DETAIL ENGLISH subscription are included (surface mail)
Additional airmail costs per year:
DETAIL ENGLISH: US$ 15.20                  
DETAIL COMBINED: US$ 28.00                  

The costs of shipment for DETAIL Design standing magazine files
     
Germany
1 piece: € 3.75
5 pieces: € 6.70

€ others
1 piece: € 5.95
5 pieces: € 12.00

Switzerland
1 piece: CHF 9.90
5 pieces: CHF 20.00

GBP
1 piece: £ 4.06
5 pieces: £ 8.20

Overseas    
1 piece: US$ 7.80
5 pieces: US$ 16.40


3. Value added tax
All prices in Germany include VAT. Outside of Germany but within the EU a further 7% VAT is added (if no VAT Identification Number is specified).
If you are a company resident of the EU, please specify your VAT Identification Number in order to be exempt of VAT.


4. Method of payment
Orders from outside Germany via credit card are delivered immediately; otherwise advanced payment is required. Where advanced payment is required, a proforma invoice covering the final amount is sent to the Customer and the goods are shipped when payment is received.
Payment from abroad can be made by credit card, remittance or by cheque.
We recommend payment by American Express, Euro/Master, Diners or Visa credit card (when placing your order, simply specify the credit card number and the expiry date). This will save you the high bank charges involved with remittances and we can ship the goods to you even earlier.
Payments by American Express will be debited in EURO.


5. Subscription conditions
In Germany, Switzerland, Scandinavia and all Eurozone countries a subscription initially runs for a period of one year (DETAIL 12 issues, DETAIL ENGLISH 8 issues, DETAIL COMBINED 12 issues) and is automatically renewed for another year unless terminated in writing at least 6 weeks prior to the end of the respective subscription period.
A subscription in all other countries runs for a period of at least 1 year (DETAIL 12 issues, DETAIL ENGLISH 8 issues, DETAIL COMBINED 12 issues).
Subscribers who choose the EZ-Pay option: the subscriber´s credit card will be automatically charged for every issue until he/she cancels their subscription. The subscription can be cancelled at any time by providing mail@detail.de a written notice 45 days prior to cancellation date.
For every calendar year, the Institute may, at its discretion, increase the amount of fees payable hereunder by up to five percent, and the subscriber hereby agrees to such increase. The Institute shall have the right to increase the amount of fees by more than five percent per year only upon delivery of at least sixty days advance notice to the subscriber.
The subscriber may cancel the subscription at any time, but the Institute will not refund any remaining portion of the subscription fees already billed to your account.
The subscriber agrees to provide the Institute with valid, accurate and up-to-date credit card and contact information. Failure to comply may result in the immediate termination of this subscription. The subscriber agrees to notify the Institute regarding any billing issues or disputes within 14 days after credit card has been charged. If any issues or disputes are not brought to the Institute´s attention within this period, the subscriber waives his/her right to dispute them.

Customer service
Leserservice DETAIL / Institut fuer internationale
Architektur-Dokumentation GmbH & Co. KG
Vertriebsunion Meynen
65341 Eltville
Germany
Tel.: 0049 / 61 23 / 92 38-159
Fax: 0049 / 61 23 / 92 38-144
E-mail: detailabo@vertriebsunion.de


6. Cancellation of orders by the Customer
All orders can be cancelled in writing (also by email) within two weeks. This also applies to orders for subscriptions.
Address your cancellation and/or return delivery to:
Leserservice DETAIL / Institut fuer internationale
Architektur-Dokumentation GmbH & Co. KG
Vertriebsunion Meynen
65341 Eltville
Germany
Email: mail@detail.de


7. Delivery time
Within Germany, the delivery time is approximately one week; depending on the respective location, deliveries abroad may take six to eight weeks.
In Germany, failed deliveries should be reported to us within one month of the order date; abroad they should be reported within two months.


8. Other
All rights reserved with respect to price changes, delivery conditions and errors.
Titles published at a later date will be sent to you as soon as they appear and you will be charged at that time