SHAKER VERLAG GMBH
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General terms of business for the online delivery (download) of scientific/academic publications to private persons, companies and institutions.
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(last revised 19.04.2021)
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§ 1 Preamble
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The publishing house Shaker Verlag GmbH – 52353 Düren
- hereinafter referred to as the "publishers" -
offers readers of scientific/academic content
- hereinafter referred to as the "purchaser" –
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the chance to purchase scientific/academic publications, in particular research reports, habilitations, dissertations, Diploma, Bachelor and Master theses, outstanding assignments and seminar papers as well as other end of study theses, studies or other papers for a fee. This offer is open to private persons, companies and institutions.
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The following general terms of business shall apply exclusively for contracts on the delivery of scientific/academic publications to companies, institutions and private persons.
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§ 2 Order; conclusion of contract; production; delivery
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The publisher accepts orders by activating the download function (online order)
on the Internet page www.shaker.de or www.shaker.eu.
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Delivery is made by data transfer (download) in a file format as specified on the Internet pages (online catalogue), or in exceptional cases on a CD-ROM by post. The ordered files may be protected against duplication, printing on paper or forwarding to third parties. The purchaser can find more information about this on the publisher's Internet pages or in their online catalogue.
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A contract is concluded if the purchaser uses the publisher's download function, authorises an online payment by providing his credit card data or activating an online payment (PayPal) and in return the publisher transfers the ordered content either online or by dispatching this by post.
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§ 3 Sales prices; payment arrangements
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The purchaser pays the catalogue price to download the publication by entering his or her credit card data in the appropriate prompt or by authorising an online payment transaction
(PayPal). No shipping costs will be charged. The prices for the scientific/academic publications on offer are based on the corresponding prices in the online catalogue on the publisher's Internet site www.shaker.de
or www.shaker.eu. D. The purchaser pays the publisher a fee equal to the corresponding catalogue price plus VAT for every scientific/academic publication. The purchaser will be sent confirmation of the delivery, payment and an invoice per email. No separate paper invoice will be sent.
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§ 4 Reservation of title
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The delivered goods remain the property of the publisher until all accounts receivable from the purchaser in accordance with § 3 of these terms of business have been paid in full.
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§ 5 Rights of use and utilisation
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All copyrighted exploitation rights to the relevant scientific/academic publication remain with the publisher or its author(s). The purchaser is not entitled to duplicate, distribute or publicly reproduce a publication.
Please note that the online documents are not printable and not editable. Here you get more help and information.
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§ 6 Warranty; complaints
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The warranty period for goods delivered by the publisher is 24 months from receipt of the goods. This does not apply for defects that have been maliciously concealed from the publisher. If the purchaser receives an evidently damaged or incomplete file, he or she must report this to the publisher within 8 days of its receipt either in writing, by email or by calling the phone number +49 2421 990110. The publisher will immediately ensure supplementary performance in the event of incomplete scientific/academic publications. If the supplementary performance fails, if this is unreasonable for the purchaser or if the publisher refuses a supplementary performance, the purchaser is entitled to terminate the contract or lower the sales price at his or her own choice.
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Any complaint on account of faults in the content of the publication is excluded. The publisher can assume no responsibility for the quality of the content and design of the individual documents, in particular the representation, structure and functional capability of the methods or processes described therein as well as the correctness of the data and results. The authors themselves are responsible for the content of the publications. The publisher does not warrant that the publications have been prepared, assessed and published in accordance with the statutory requirements, in particular with any examination regulations.
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§ 7 Liability
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The publisher cannot be held liable for damage that does not occur to the delivery item itself, in particular not for lost profit or for other financial losses of the purchaser unless these are due to gross negligence or premeditated conduct on the part of the publisher.
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§ 8 Access to the contract text
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The purchaser can access the general contract terms at any time on the Internet page www.shaker.de
or www.shaker.eu.
The purchaser's precise order data cannot be accessed over the Internet for security reasons and will be handled confidentially in accordance with our data protection regulations.
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§ 9 Data protection
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The purchaser agrees to his or her personal data being stored. The stored data is only collected, edited and used where this is needed to substantiate, word or amend the contract.
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The publisher has instructed the purchaser in detail of the scope and purpose of the collection, editing and use of his/her data needed to execute the order. The purchaser expressly consents to the collection, editing and use of his/her data wherever his/her consent is necessary in individual cases.
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§ 10 Closing provisions
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German law is solely applicable for all disputes arising from this contractual relationship. Exclusive place of jurisdiction is the domicile of the publisher.
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