ISL Market Monitor

Terms and Conditions

This document substitutes all earlier versions.

General Terms and Conditions
Institute of Shipping Economics and Logistics
Universitaetsallee 11-13
28359 Bremen

1. General
(1) The following terms and conditions for delivery and payment shall govern all services and deliveries of the Institute of Shipping Economics and Logistics (ISL). These terms are binding; any conflicting terms and conditions of the Customer are hereby expressly rejected. Any such terms and conditions shall apply only if we expressly confirm them in writing. Special rulings do not make the remaining terms and conditions ineffective, even if delivery is carried out unconditionally and with full awareness of conflicting terms and conditions of the Customer.
(2) For representatives of the book trade, the customs of traffic of the book trade additionally apply, especially the "Verkehrsordnung des Deutschen Buchhandels" in its respective valid version.

2. Offer and Conclusion of the Contract
(1) Regarding services, quantity, and ancillary services, our offers are subject to change.
(2) The order is a binding offer, irrespective of it having been submitted in written, oral, electronic (i.e. by e-mail), or any other form. We can accept this offer at our own option within four weeks either by confirmation or by delivery of the goods within this period of time.

3. Right of Withdrawal for the Customer
(1) If the Purchaser is also the Customer, they are entitled to revoke their declaration of intention aimed at conclusion of contract within two weeks after receipt of the goods. Such revocation shall be made in writing or shall be expressed by returning the goods. It is not required to give any reasons in such revocation.
(2) Sending such declaration within due time shall be sufficient for observance of the deadline.

A revocation shall be sent to:
Institute for Shipping Economics and Logistics
Universitaetsallee 11-13
28359 Bremen

The Purchaser may also make their revocation by calling +49.421-22096-38, or by sending a facsimile to +49.421-22096-55, or by mailing to The Purchaser has to state their name, their customer number, and the invoice number of the respective delivery.
(3) Upon receipt of the revocation, ISL is obliged to refund potential payments. The Purchaser will receive a credit note. The Purchaser is obliged to send back the delivery at ISLs costs and risk. The Purchaser bears the regular costs of the return for purchases of a value of goods of up to € 40, unless the goods delivered do not correspond with the goods ordered.
(4) If the Purchaser is responsible for any deterioration, damage, or other impracticality of the goods, they have to compensate ISL for the depreciation or the loss of value.

4. Delivery and Dates of Delivery
(1) Delivery will normally be carried out within three weekdays after receipt of order, if the title is marked as being available. In the case of delays in delivery, we will place a reservation for the Purchaser and will immediately deliver the goods.
(2) Any delivery dates or periods, which may be bindingly or non-bindingly agreed upon, must be specified in writing. Dates of publication mentioned in the publishers prospect or on publishers website do not qualify as a specification in writing in the sense of these terms and conditions.
(3) Even in the case of bindingly agreed-upon delivery dates, we shall be excused from our obligations to perform our delivery and services in a timely manner by Acts of God or other disturbances affecting us which are beyond our control and responsibility. Disturbances of this kind authorize us to extend the delivery period by the length of the disturbance plus a start-up time within a reasonable scope. In the event our delivery or performance is impossible or cannot reasonably be expected due to the above-mentioned circumstances, we shall be fully or partly released from the contract.
(4) In the event there is a delay of more than two months, the Purchaser is, after an adequate respite, entitled to cancel the contract. The Purchaser cannot deduce claim for damages from an extended delivery or from ISL being released from the contract. We can only invoke these circumstances if we have immediately notified the Purchaser.
(5) The risk shall be passed to the Purchaser, who is also the Customer, upon surrender of the goods to the transport agent or agency, or upon the goods leaving our premises or those of the transport agency.

5. Prizes
(1) As a rule, our prizes are those stated in the shopping cart on the website at the date of purchase. All prizes are in euros, excluding VAT in the statutory amount.
(2) Concerning non-traders, the following applies: Tax, Shipping and handling will be charged additionally, if the explicit offer in the publishers website does not arrange for other terms and conditions in favor of the Purchaser.
(3) Inside Germany, every book is delivered postage-free. Deliverance is usually made by Deutsche Post.

6. Payment, Default, Charging
(1) Each order demands advance payment, unless there is an agreement between ISL and the Purchaser. The invoice will come from the Institute of Shipping Economics and Logistics. It falls due for payment immediately.
(2) The Purchaser is only entitled to set-off rights if and as far as their counterclaims have been legally ascertained, are indisputable, or have been recognized by us.

7. Retention of Title
Until the full settlement of all claims towards the Purchaser, the delivered goods remain the property of ISL.

8. Warranty, Liability for defects
(1) The warranty begins with the delivery of goods.
(2) For contractors, the following applies: obvious deficiencies have to be reported immediately, at the latest within two weeks after delivery, regardless of their actual or assumed cause. The Purchasers right to already disclose deficiencies to our distributors remains untouched. Deficiencies that cannot be identified even through thorough examination within this time limit have to be disclosed immediately after identification, at the latest within two weeks after identification.
(3) If the Purchaser is contractor in the sense of § 14 of German Civil Code, the limitation period for compensation as legally stipulated amounts to one year.
(4) If there is a deficiency we are responsible for, we are entitled to removal of defects or compensation delivery.
(5) If the removal of defects fails or if we are not prepared for a removal of defects or a compensation delivery, or if this would be delayed over a reasonable period of time due to causes we are not responsible for, the Purchaser is entitled to withdraw form their contract or to demand a reduction of the purchase prize.
(6) If a considerable contractual duty is carelessly neglected, our liability is limited to foreseeable damage.
(7) Insofar as ISLs liability is excluded or limited, this also applies for the personal liability of employees, representatives and auxiliary persons.

9. Data Protection
The ISL terms of privacy are consistent with the German Data Protection Act and the Teleservices Data Protection Act. The collection, processing, and utilization of the Purchasers personal data occurs exclusively for execution and processing of orders, whereby the data is only transferred to the delivery services commissioned by us. The Purchaser explicitly agrees with this processing and utilization of data. The Transference to a third party and other utilization does not occur, unless the Purchaser explicitly agrees with other forms of utilization. We commit ourselves to data protection in our terms of privacy.

10. Applicable law and place of jurisdiction
The place of fulfillment is Bremen, Germany. The place of jurisdiction for all conflicts is Bremen, insofar as the Purchaser is a merchant, a legal person under public law, or public law special purpose institutions or does not have a place of general jurisdiction.

11. Safeguarding provision
If any part or provision of these terms and conditions should be or becomes invalid, such invalid provision shall not affect the validity of the remaining provisions in these terms and conditions. The invalid or in its validity limited provision will be replaced by the according statutory provisions.

Institute of Shipping Economics and Logistics
Directors: Prof. Dr. H.-D. Haasis, Prof. Dr. F. Arendt, Prof. Dr. B. Lemper
Universitaetsallee 11-13
28359 Bremen
Tel.: +49.421-22096-0
Fax: +49.421-22096-55

Place of jurisdiction is Bremen, Germany
Local Court Bremen
Sales tax identification number: DE 114438789

Dokument: 11.02.11

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