GENERAL STANDARD TERMS AND CONDITIONS OF GRIN PUBLISHING GMBH



A. General Standard Terms and Conditions for Buyers of E-Books


1. Subject matter of services

GRIN Verlag GmbH, Marienstr. 17, D-80331 München, Partners: Patrick Hammer, Tanja Hammer, Matthias Knoop, Julius Mittenzwei, Georg Steinbach, - 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.


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 user data in the input prompt provided for this purpose. The Buyer incurs no postage.

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 24 hours.


3. CD-ROM and E-Mail orders

On inquiry, documents may be dispatched on CD-ROM or E-Mail.

GRIN accepts orders for the delivery of documents on CD-ROM or E-Mail faxed to +49 (089) 55055910, by letter sent to GRIN Verlag GmbH, Marienstr. 17, D-80331 Muenchen, or by E-mail (info@grin.com).

Each order constitutes an offer to acquire the merchandise ordered within the meaning of sec. 145 of Germany’s Civil Code (BGB). A contract on the delivery of the merchandise comes into existence upon the acceptance of the order by GRIN. No explicit declaration of acceptance given to the Buyer is required since the Buyer waives this option pursuant to sec. 151, sent. 1 BGB. The merchandise is dispatched together with an invoice.

Orders from outside Germany may be verified by GRIN over the telephone or by email. In any orders, GRIN shall be entitled to deliver subject to advance payment only.


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.

The Buyer shall pay GRIN an additional EUR 10,00 (p&p) for dispatches of publications on CD-ROM inside Germany. The Buyer shall pay GRIN an additional EUR 5,00 (p&p) for dispatches of publications via email. For dispatches on CD-ROM inside Germany, the Buyer receives an invoice along with the delivered merchandise. The invoice is due and payable immediately after receipt. Outside Germany, the additional fee for CD-ROM dispatches may vary.


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 email 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. 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.

10. 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.


11. 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 10 EUR for each enrolled and 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 10 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 author

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.


C. Your Contacts

GRIN Verlag GmbH Muenchen
Marienstr. 17
D-80331 Muenchen
en@grin.com
Fax: +49 89 55055910

Ust. ID-Nr.: DE212031523
Amtsgericht München: HRB 175803

Partners of GRIN Verlag GmbH:

Patrick Hammer
Tanja Hammer
Matthias Knoop
Dr. Julius Mittenzwei
Georg Steinbach
Books On Demand GmbH