GENERAL STANDARD TERMS AND CONDITIONS OF GRIN PUBLISHING GMBH
- A. General Standard Terms and Conditions for Buyers
(Status as at: August 17 2010) - B. General Standard Terms and Conditions for GRIN affiliate programs
(Status as at: May 04 2011) -
C. Contacts
A. General Standard Terms and Conditions for Buyers
1. Subject matter of services
GRIN Verlag GmbH, Zenettistr. 20, D-80337 München, Partners: K5 Publishing GmbH, Books on Demand GmbH, - hereinafter: "GRIN" - offers buyers - hereinafter: the "Buyer(s)" - the service of acquiring publications for a fee. Any agreements on the delivery of publications to companies are exclusively subject to the following General Standard Terms and Conditions of GRIN which the Buyer accepts when placing an order. Any business conditions of the Buyer deviating from or conflicting with these General Standard Terms and Conditions shall not apply, unless expressly acknowledged by GRIN in writing.
You have the possibility to view this text in English or German.
2. Online-Download
The Buyer may download the publications from the Internet pages of GRIN (e.g. http://www.grin.com, http://www.hausarbeiten.de) and associated partnersites (e.g. http://www.amazon.de, http://www.spiegel.de) as a zipped PDF file.
The Buyer shall pay the price stated online for a publication when downloading it by inputting his Click&buy or Paypal user data in the input prompt provided for this purpose.
Immediately after the user data have been successfully input, the online download link will be sent to the buyer. The Buyer may download a file within 72 hours.
3. Order of printed books
Printed books are delivered as fast as possible. This may take from 2 to 20 working days, depending on where the customer lives.
4. Terms of payment
The prices for the offered scientific publications are based on those stated on the Internet pages of GRIN (e.g. http://www.grin.com, http://www.hausarbeiten.de) and of associated partner sites (e.g. http://www.amazon.de, http://www.spiegel.de). In respect to each publication, the Buyer shall pay GRIN a fee in the amount of the corresponding price, including value-added tax.
The basic price of a publication stated online only refers to purchases made by download. Buyers of a click&buy download file may generate an invoice via their access to click&buy online.
5. Retention of title
Pending payment in full of all claims against the Buyer pursuant to Art. 4 of these General Standard terms and Conditions, GRIN shall retain title to any delivered merchandise.
6. Rights of use
All rights of exploitation of the various publications under copyright law remain with the author.
The Buyer shall not be entitled to duplicate, disseminate or publicly display publications.
Individual duplicates, e.g. copies and printouts, may only be made for private and other personal use (sec. 53 of Germany’s Copyright Act (UrhG)). The production and dissemination of further duplicates shall only be permissible subject to express consent.
7. Warranty; complaints
Complaints based on substantive defects in publications are excluded. GRIN assumes no responsibility for the content and design quality of the various academic papers, specifically the presentation, structure, functioning state of any processes described therein, or the correctness of any data and results produced. The writers themselves are responsible for the content of their publications. GRIN does not warrant that the papers have been drawn up, graded and published according to statutory provisions, specifically examination regulations.
If the Buyer receives evidently damaged or incomplete merchandise, he shall file a written complaint with GRIN, by e-mail or telephone on +49 (089) 5505590 within 8 days of receipt of the merchandise. In the case of incomplete scientific publications, GRIN shall ensure post-performance within 10 days, namely - at its discretion - by completion (removal of defects) or subsequent delivery (replacement delivery) of the version. If post-performance fails, or GRIN refuses post-performance, the Buyer shall be entitled to rescind the contract.
In the publications, names of companies or sensitive corporate data may have been made unrecognizable by renaming, blackening out or deletion.
8. Liability
GRIN shall not be liable for damage/loss not occurring in the merchandise itself, specifically for lost profit or other financial loss of the Buyer, unless based on gross negligence or wilful act of GRIN.
In the case of slight negligence, GRIN shall only be liable for infringements that are of the essence of the contract (cardinal duties, i.e. essential contractual obligations). For the rest, the contractual and non-contractual liability of GRIN shall be limited to wilful act and gross negligence, with such restriction on liability also applying to acts of any vicarious agent of GRIN. This restriction on liability shall not affect claims for compensation based on personal injury or on Germany's Product Liability Act (ProdhaftG).
9. Right of Withdrawal/instructions
- Beginning of withdrawal instructions -
You may cancel your order contract within two weeks, without having to give reasons for the same, by giving written notice to that effect or by returning the goods. The time allowed for cancellation shall begin to run upon receipt of these written instructions, though not before you have received the goods (in case of recurrent shipments of similar goods, not before receipt of the first partial shipment) and not before we have discharged our duties of disclosure under section 312(c), paragraph 2, of the German Civil Code (BGB) in conjunction with section 1, paragraphs 1, 2 and 4, of the Disclosure Ordinance under the Civil Code (BGB-InfoV) as well as our duties under section 312(e), paragraph 1, first sentence, of the Civil Code (BGB) in conjunction with section 3 of the Disclosure Ordinance (BGB-InfoV). The time limit shall be deemed observed if the notice of cancellation or the goods is/are sent in good time.
Notice of cancellation is to be posted to
GRIN Verlag GmbH
Zenettistr. 20
80337 München,
Germany
or faxed to:
+49(0)89-550559-10
or e-mailed to:
info@grin.com
Consequences of cancellation:
In case of effective cancellation, all performances received by either party shall be returned, including any received benefits (e.g. interest). If you are wholly or partially unable to return the performances received, or can only return them in deteriorated condition, you must compensate us to that extent as well. This shall not apply if the deterioration of the goods supplied is solely attributable to their inspection - as would have been possible for you in a retail shop. In other respects, you can avoid the obligation to effect compensation by refraining from using the goods as your property and from any act that might impair their value. Goods consignable by parcel shipment may be returned at our risk. You must bear the expense of the return consignment if the goods delivered correspond to those ordered and if the price of the returnable goods does not exceed EUR 40.00 or, if the price is higher, if you have not yet effected counterperformance or paid a contractually agreed instalment by the date of cancellation. Otherwise the return consignment shall be free of charge for you.
The above right of cancellation shall not apply to
- the delivery of goods that are made to customer specifications or are clearly customised to meet personal requirements (e.g. discounted copies of your own books)
- the delivery of e-books, as they are by nature incapable of return consignment.
- End of Withdrawal instructions -
10. Inspection of the contract text of the General Standard Terms and Conditions
The Buyer may inspect the general contractual conditions at any time by opening this page. The Buyer's specific order data cannot be viewed using the Internet for security reasons and are treated in strict confidence.
11. Data protection
The Buyer agrees that any personal data may be stored. The Buyer gives his express consent to the collection, processing and use of his data, wherever his consent is required in a specific case. The stored data shall be collected, processed and used exclusively to the extent necessary to bring about, shape or amend the contract.
12. Final provisions
The courts at Munich, Germany shall have exclusive jurisdiction in any disputes ensuing from this contractual relationship. Any disputes ensuing from this contractual relationship shall be subject to German law only.
Should any provision of this Contract be ineffective, this shall not affect the validity of the remaining provisions. Any invalid term shall be replaced with a valid provision reflecting as closely as possible the intent and purpose of the parties hereto.
B. General Standard Terms and Conditions for GRIN affiliate programs
1. Author affiliate program
With our author affiliate program authors may invite friends and colleagues by an e-mail form or social networking tools to market their texts via GRIN.
2. Conditions
The inviting author earns 5 EUR for each new registered new author. The author is considered enrolled and registered if he clicks on the link which he gets in the automatically generated e-mail (or which is shown on the invitation/notification page of social networks), then registers at GRIN.com, uploads texts and if these texts are published and approved by the GRIN-Team.
The inviting author gets 5 EUR for each enrolled and registered new author, the provision is paid in the quarterly royalty payment for the quarter in which the first text of the invited new author is published and made downloadable for GRIN users.
The invited author has to click on the link in the e-mail form, otherwise no provision will be paid.
In the case that the new author is invited via a social networking platforms like Facebook the invited author has to click the link which is shown in the social network notification/invitation page. Otherwise no provision will be paid.
Only authors which are not yet registered at GRIN may be invited. Registrations with a second e-mail address or other multiple registrations are not permitted.
3. Duties of the inviting client
The inviting author obligates hisself to only invite authors he knows and takes full accountability for the advertising e-mail which is sent to these persons. Also he obligates hisself to use only correct e-mail adresses and to avoid spamming.
4. Nonliability
GRIN publishing is not liable for temporary malfunctions or downtime, which are caused e.g. by maintenance operations or software development. GRIN Publishing will try to correct malfunctions or performance problems as soon as possible.
5. Special Agreements
German law shall prevail.
B. Website affiliate program
1. Description
Clients of GRIN can earn provisions by linking to GRIN.com with a special partner link (including a partner-id of the client) which they receive in the login area.
2. Conditions
The link has to be integrated on the website of the client exactly in the way specified in the GRIN login area. The client receives 5% provision of the net sale price at the time of sale. All documents that are bought during the session after clicking the partner link on the client's website are accounted for. For this purpose, a session cookie is saved in the browser of the clicking customer. If this funcion isn't activated in the clickling customer's browser, no provision can be paid. The client of the affiliate program receives his provisions with the quarterly statement of GRIN.
Sales of printed books or printing versions of free texts are excluded from the affiliate program. Only sales via GRIN.com/de/ or Hausarbeiten.de are accounted for.
Each time a new author registers during the session after clicking the partner link the client receives 5 Euro, if any of the new author's texts are published and marketed by GRIN. The same preconditions as in the author affiliate program apply.
3. Duties of the client
A client of the affiliate program who is liable to tax on sales has to inform GRIN about it without delay. A confirmation of the tax liability is to be sent by fax to +49(89)-550559-10. GRIN then may pay the client the additional tax sum on the provision, depending on applicable regulations.
The client guarantees to not link from websites with illegal contents.
The client guarantees to not spam search engines or to spam by e-mail or use any other illegal method to generate sales with his partner link.
5. Final Provisions
The courts at Munich, Germany shall have exclusive jurisdiction in any disputes ensuing from this contractual relationship. Any disputes ensuing from this contractual relationship shall be subject to German law only.
C. Your Contacts
GRIN Verlag GmbH Muenchen
Zenettistr. 20
D-80337 Muenchen
info@grin.com
Fax: +49 89 55055910
Ust. ID-Nr.: DE212031523
Amtsgericht München: HRB 175803
Partners of GRIN Verlag GmbH:
K5 Publishing GmbH
Books On Demand GmbH