IMS Internationaler Medien Service
General Terms and Conditions of Business
1.0 General Provisions
1.1 Unless otherwise contractually agreed, the General Terms and Conditions of Business set forth hereinbelow apply to all business relationships between ims Internationaler Medien Service GmbH & Co. KG (ims) and the ordering party.
1.2 Unless otherwise agreed, subscription orders are valid until revoked. For foreign subscriptions, customers typically receive inquiries into renewal four months before the end of the subscription period.
1.3 Notice of termination is not valid unless given in writing. The time at which such notice is effective is the time at which it is received by ims.
1.4 The notice periods for the subscriptions correspond to those stipulated by the publishing houses. ims reserves the right to terminate subscriptions on an extraordinary basis if it has good cause to do so.
2.0 Delivery
2.1 Unless otherwise agreed, deliveries shall be made ex ims or the logistics partner commissioned by ims or ex publishing house to the delivery address indicated by the ordering party. Deliveries are made at the ordering party’s own risk.
2.2 Indications as to delivery dates and times are non-binding at all times unless a binding delivery date and time was expressly mentioned in the order confirmation. If the shipment is being sent directly by a publishing house, ims expressly disclaims any liability for missing shipments.
2.3 As deliveries are made at the ordering party’s own risk pursuant to Section 2.1 above, ims is liable neither for loss nor for transport damage. ims shall, however, assign to the ordering party any claims ims itself may have against third parties in this respect.
2.4 In the event of a failure in delivery that is not attributable to the fault of ims, there are no claims against ims for reimbursement.
2.5 The purchase prices are subject to future increases and corresponding future charges on the part of the publishing houses.
3.0 Prices
3.1 In the case of books and other printed matter from German publishing houses, the prices are typically established by the publishing houses and are binding. In the case of subscriptions, the shipping costs that the publishing houses charge ims, which are frequently also part of the subscription price, are passed along to the client without any change. No discounts, for prompt payment or otherwise, can be granted.
3.2 Titles from abroad and titles whose prices are not fixed are billed with a surcharge on the net publishing house prices. The calculation depends on the purchase price and the order volume. The publishing houses’ original prices, in the corresponding currencies, are shown converted to euros on the invoice.
4.0 Payment Terms
4.1 As a basic principle, subscriptions are billed in advance. Deliveries are made only after payment has been rendered in full.
4.2 In the case of orders abroad, ims offers customer prepayment or funds transfer via the SWIFT system. In the case of banks located abroad, payment is remitted in the respective currency. The amounts billed are in accordance with the current exchange rates.
4.3 Unless other payment terms are expressly agreed in writing, the invoice total is due and payable immediately, without any deduction, in the currency in which it is charged. The invoice and customer numbers must be indicated with every payment.
4.4 In the event of default, ims considers itself forced to initiate legal steps. The debtor is liable for the costs incurred in this connection. Default occurs 14 days after the value date (see invoice). The amount of the default interest is 8% above the base interest rate. ims reserves the right to assert claims for damage in greater amounts.
5.0 Reservation of Title
Until all claims against the ordering party have been satisfied in full, the goods delivered remain the property of ims.
6.0 Termination of the Business Relationship
Unless otherwise agreed in an individual contract, both parties are entitled to terminate the business relationship upon six weeks’ notice, effective as of the end of the quarter. Irrespective of this notice period, the customer is bound by the notice periods for cancellation of subscriptions as stipulated by the publishing houses. ims reserves the right to switch the delivery method, after receiving notice of termination, to direct delivery from the publishing house. Notice of termination is not valid unless given in writing.
7.0 Data Protection
The data stored for the administration and processing of the subscriptions is handled in accordance with the applicable provisions of data protection law. In some cases (e.g., in the case of direct deliveries from the publishing house to the ordering party, online subscriptions), ims is required to disclose the ordering party’s data to the publishing house carrying out the delivery. The ordering party hereby consents to such disclosure.
8.0 Place of Performance, Place of Jurisdiction, and Applicable Law
The place of performance is the location in which ims has its registered office. The place of jurisdiction is Hamburg. German law applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
