SHAKER VERLAG GMBH

General terms and conditions for the online delivery (download) of academic/scientific publications to private persons, companies and institutions

(Last revised 01.12.2006)

§ 1 Preliminary remark

Shaker Verlag GmbH – 52018 Aachen
- hereinafter referred to as the "publishers" -

offers readers of academic/scientific contents
- hereinafter referred to as the "purchaser" –

to purchase scientific and academic publications, in particular research reports, habilitation, dissertation, diploma, bachelor and magister theses, outstanding assignments and seminar papers as well as other theses or papers for a fee. The offer is addressed to private persons, companies and institutions.

conditions apply exclusively for contracts on the delivery of academic/scientific publications to companies, institutions and private persons.

§ 2 Ordering; conclusion of contract; production; delivery

The publishers accept orders by activating the download function (online order) on the Internet pages www.shaker.de and www.shaker.eu.

Delivery is made by data transfer (download) in a file format specified on the Internet pages (online catalogue), in exceptional cases by normal post on a CD-ROM too. The ordered files may be protected to prevent duplication, printing on paper or forwarding to third parties. The purchaser must determine whether this is so in advance on the publisher's Internet pages or online catalogue.

A contract is concluded when the purchaser uses the publisher's download function, initiates an online payment by transferring his or her credit card details or triggering an online payment (PayPal or T-Pay) and in return the ordered contents are transferred by the publishers, either online or by sending per normal post.

§ 3 Sales prices; methods of payment

The purchaser pays the catalogue price to download a publication by providing their credit card details in the appropriate input prompt or by activating an online method of payment (PayPal or T-Pay). No forwarding expenses will be charged. The prices of the academic/scientific publications on offer are based on the relevant prices in the online catalogue on the publisher's Internet pages www.shaker.de and www.shaker.eu. The purchaser pays the publishers a fee amounting to the corresponding catalogue price plus VAT for every academic/scientific publication. The purchaser receives an e-mail confirmation of the delivery, payment and invoice. No separate paper invoice will be sent.

§ 4 Reservation of title

The delivered goods remain the property of the publishers until full payment of all outstanding accounts of the purchaser in accordance with § 3 of these terms of business.

§ 5 Rights of use

All proprietary exploitation rights to the respective academic/scientific publications remain with the publishers and/or its authors. The purchaser is not entitled to duplicate, distribute or publicly reproduce a publication.

§ 6 Warranty; complaints

The warranty period for deliveries of goods by the publishers is 24 months from receipt of the goods. This does not apply for defects that are fraudulently concealed from the publishers. If the purchaser receives an evidently damaged or incomplete file they must report this in writing to the publishers within 8 days of receipt, either per e-mail or by phone under the number +49 2407 95960. The publishers will ensure subsequent implementation without delay in the event of incomplete academic/scientific publications. If the subsequent implementation fails, if this is unreasonable for the purchaser or if the publishers refuse a subsequent implementation, the purchaser is entitled to terminate the contract or demand a reduction of the purchase price at his or her discretion.

Any complaints on account of incorrect contents in the publications are excluded. The publishers can assume no responsibility for the quality of the content and design of the individual documents, in particular the representation, structure and integrity of the methods described therein or the correctness of the data and results. The authors themselves are responsible for the contents of the publications. The publishers do not warrant that the publications have been written, assessed and published in accordance with the statutory requirements, in particular examination regulations.

§ 7 Liability

The publishers are not liable for damages that do not occur to the delivered goods themselves, in particular they are not liable for lost profits or other pecuniary losses suffered by the purchaser, unless these are due to gross negligence or intent on the part of the publishers.

§ 8 Inspection of the wording of the contract

The purchaser can inspect the general terms of contract at any time on the Internet pages www.shaker.de and www.shaker.eu. The purchaser's concrete order data cannot be called up over the Internet for security reasons and are treated confidentially in accordance with our data protection regulations.

§ 9 Data protection

The author agrees to the storage of his or her personal data. The stored data will only be collected, processed and used wherever this is necessary for the substantiation, formulation or amendment of the contract.

The publishers have informed the author in detail of the extent and purpose of the collection, processing and use of his or her data as needed for execution of the order. The purchaser expressly agrees to the collection, processing and use of his or her data wherever his or her consent is needed in individual cases.

§ 10 Final provisions

German law shall be exclusively applicable for all disputes arising from these contractual relations. Sole place of jurisdiction is the publisher's place of business.