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These General Terms and Conditions (GTC) apply to all sales contracts entered into between Jan Sramek Verlag KG (JSV KG) as the seller and its customers in the version valid at the time the order is placed.


 

GENERAL PROVISIONS

By placing an order with us, you, as the customer, accept and agree to the following terms and conditions.


 


The language of contract is German. Nevertheless, we are happy to assist you with your requests (except for legal matters) in English or broken French.


Your order is a binding offer to enter into a sales contract regarding the ordered goods. For the purposes of this contract, we require your complete customer data. You will receive an electronic order confirmation for every order you place online via our webshop. A sales contract is created when we expressly accept your order or fulfil your order by shipping the items that you ordered.


The purchase price for the ordered goods derives from our current sales brochures, price lists or other documents. These prices are inclusive of value added tax but exclusive of shipping expenses, customs duties, etc.


Prices are subject to change between order and delivery.


The invoice total is due and payable immediately without any deductions. In case of default in payment, statutory interest on arrears will be charged. Irrespective thereof, upon request Mohr Morawa must be reimbursed for any disadvantages suffered as a result of the default in payment within 14 days of request for payment.


The goods remain our property until they have been paid for in full. We and/or our delivery service “Mohr Morawa” and the bookseller’s shop “Morawa Die österreichische Online-Buchhandlung”, which is in charge of handling our online sales, reserve the right to withhold delivery until payment is received or effected by credit card.

DEFECTIVE GOODS

If the delivered goods are defective, we will replace them. A price reduction or rescission of contract is only possible if we are not able to replace the goods. Despite taking utmost care when selecting the manuscripts, we are not able to warrant the accuracy of the content. Therefore, content does not constitute valid grounds for withdrawing from the sales contract.


In the event of shipping damage, customers must assert their claims against the respective shipping company. Claims for damages on the part of the customer against JSV KG, including without being limited to compensation for consequential damage, other indirect damage and loss, or lost profit resulting from defective delivery, non-delivery or delay in delivery, except for personal injury, may only be asserted if the damage was due to gross negligence or intent.

ORDER PROCESSING

Please note that your order will be processed by our delivery service “Mohr Morawa Wien” (if you are a bookseller) or by “Morawa Die österreichische Online-Buchhandlung” (if you are a private customer). Click here for their General Terms and Conditions: Link to GTCs (only available in German).

SPECIAL PROVISIONS FOR CONSUMERS

If you are a consumer within the meaning of the (Austrian) Consumer Protection Act (KSchG), its special provisions apply. Under said Act, a consumer is any natural person who places an order which is not part of such person’s commercial, professional or business activities.


In particular, as a consumer you are entitled to withdraw from any contracts entered into with us by way of distance selling (i.e. contracts entered into by email, fax, etc.) within the deadline indicated below without having to state any reasons. The withdrawal period is 14 business days, excluding Saturdays, and starts on the date on which you or a third party you have named as the recipient received the goods.


If you intend to exercise your right of withdrawal, you must inform us about your decision to revoke the contract in an unequivocal statement, e.g. a letter dispatched by post, fax or email. You may use the sample revocation form provided here or inform us about your revocation in any other manner provided that all relevant information is given. Download sample revocation form.


Your right of revocation will be deemed exercised in time if your statement of revocation is dispatched within the unexpired 14-day period.


Our contact details:


Jan Sramek Verlag KG   Telephone +43 1 236 85 37-0


Gobergasse 34/4/24        Fax +43 1 236 85 37-9


1130 Vienna                     Email: order@jan-sramek-verlag.at


In the event of withdrawal, the purchase price of the unwanted goods will be refunded in full as and when the goods are returned. Please understand that we will have to charge you with the expenses incurred for the return unless the items you received were not those that you had ordered.


All goods must be returned in unused and resellable condition within 14 days from the date on which you informed us that you are exercising your right of revocation. We do not accept returns of goods with signs of usage (e.g. “dog-eared”, broken spine, etc.).


We are entitled to withhold the refund until we have received either the returned goods or proof that you have returned the goods.


Due to their topical nature, there is no right of withdrawal for newspapers and periodicals. In the case of disks, CD-ROMs and similar media, the right of withdrawal is excluded once they have been unsealed.


In case of problems regarding data protection or online shopping, you may also contact the competent body for alternative dispute resolution. Their website is available at: https://www.ombudsstelle.at/ (only available in German). We also inform you that we will not join proceedings before such body.


Moreover, we would like to draw your attention to the internet platform for online dispute resolution provided by the EU Commission (“ODR Platform”). The ODR Platform, which is a contact point for out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts, is available at the following address: link to the EU ODR Platform.

PROVISIONS FOR RESELLERS (BOOKSELLERS)

All orders that you place with us will be forwarded to our delivery service “Mohr Morawa” for processing.


In this context, the General Terms and Conditions of Mohr Morawa apply.

RULES FOR COLLECTED EDITIONS

Unless expressly otherwise agreed upon, subscriptions to collected editions (e.g. periodicals, loose-leaf editions, multi-volume editions if not all volumes have been published yet) will continue until cancelled. Cancellation is only possible for future deliveries and must be made in writing.


Subscriptions to periodicals will be renewed automatically by one year unless we receive your written notice of cancellation no later than six weeks before the end of the year.


In the unlikely event that you do not receive an issue of your subscription, please let us know within three months from publication of the missing issue. We will then provide you with a replacement copy at no extra cost.

FINAL PROVISIONS

All sales contracts are exclusively subject to Austrian law to the exclusion of the national conflict-of-law clauses and the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention). This also applies to international orders or deliveries.


If the legal transaction is not subject to the Consumer Protection Act, the jurisdiction of the court having subject-matter jurisdiction over the case in Vienna is agreed.


If you are a consumer within the meaning of the Consumer Protection Act with your residence or habitual abode in Austria or if you are employed in Austria, you agree to the jurisdiction of the Austrian court in whose district your residence, habitual abode or place of employment is located.


With your order you agree that all of your personal data (name, address, shipping address, email and telephone number) will be used and processed for the proper performance of the contract and for billing purposes. Your data will be stored for customer service purposes and passed on to third parties only if this is necessary in order to perform the contract. You have the right to object to the use of your data at any time.


Amendments and supplements to these General Terms and Conditions and to all contracts entered into on their basis must be made in writing.


Should individual provisions of these GTC violate mandatory statutory provisions, the validity of the remaining provisions of these GTC will not be affected.

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