iF Design

Scope

To the exclusion of the book trade, these terms and conditions shall apply to consumers and companies (hereinafter referred to as 'the customer') placing direct orders as customers of iF DESIGN MEDIA GmbH (hereinafter referred to as 'iF'). Counter confirmations by the customer with reference to their own terms and conditions of trade are hereby expressly ruled out. Any regulations deviating from these terms and conditions shall not be applicable unless iF has given its consent in writing.

1. Conclusion of Contract

A sales contract between the customer and iF and regarding the goods selected by the customer is only concluded when iF, or a third party commissioned by iF, confirms the order in writing or delivers the ordered goods to the customer.

2. Prices, Risks and Delivery

Unless otherwise stated, all prices include statutory value-added tax (VAT). Postage, packing and handling expenses will be invoiced separately. iF reserves the right to deliver only after pre-payment. The place of fulfillment is iF’s distribution center. The customer shall bear any risks associated with the shipment of products insofar as the purchase concerned is not governed by the legislation for the purchase of consumer goods according to § 474 BGB (German civil code). Delivery dates shall only be deemed binding upon written confirmation by iF. iF is at all times entitled to part deliveries.
iF reserves the right to refrain from carrying out the order and to withdraw from the contract, if the ordered goods are unavailable as a result of the ordered book not being in stock or being out of print. In this case, iF will immediately inform the customer of the unavailability and, if applicable, promptly reimburse the already paid purchase price. The customer shall not be entitled to damages as a result thereof.

3. Cancellation Policy

The customer has the right to withdraw from the purchase within 14 days without giving any reason by sending a written statement to this effect (e.g letter, fax or email) or by returning the goods.
The grace period shall commence upon receiving this notification, however, not prior to the delivery of the goods to the consignee, nor before the fulfillment of iF's duties to furnish information pursuant to §312c subsection 2 German Civil Code (BGB) in conjunction with Article 246 §2 in conjunction with §1 subsection 1 and 2 of the German Introductory Law of the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch / EGBGB).

The revocation period shall be met if the revocation notice or the goods have been shipped in due time.

The revocation notice must be sent to:
iF DESIGN MEDIA GmbH
Bahnhofstrasse 8
30159 Hannover
Germany

The right of revocation does not apply to goods manufactured according to customer specifications.
In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued (e.g. interest) shall be released.
Should the customer be partially or wholly unable to return the goods received from iF - or to only be able to do so in a damaged condition - the customer shall to this extent provide compensation accordingly. For any damage that shall have occurred by use of the goods as intended, the customer will not be liable to pay compensation. However, the customer is obliged to treat the goods with the utmost care during the revocation period and not to make proprietary use of the goods and to refrain from any action that may impair their value.
Goods capable of being sent by parcel post should be returned to iF at our risk. The cost of returning the goods shall be for the customer's account if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40 or where - in the event of more expensive goods - no consideration or a contractually agreed partial payment has been rendered at the time of cancellation.
Otherwise, the return consignment is free of charge. Obligations to refund payments must be met within 30 days. The deadline shall commence for the customer on the date that the notice of withdrawal is sent and for iF, following its receipt.

4. Payment

The purchase price is due in full and without discount within 14 days upon receipt of the goods and invoice.
Should the customer fall behind in payment, iF is entitled to withdraw from the contract. If the customer's payment is overdue, iF is entitled to charge default interest of 5% (for consumers) and 8% (for companies) above the European Central Bank's basic interest rate. Without receiving a reminder, the customer is in payment arrears if the invoice has not been settled within 14 days upon its receipt.

5. Retention of Title

In accordance with § 455 BGB, the delivered goods will remain the property of iF, until full settlement of all existing claims.
In the event of a resale of the delivered goods, any claims incurred by the customer from the resale shall be deemed to have been assigned hereby to iF. iF accepts this assignment.
If the customer records receipts from the resale of the reserved goods in an open account relationship with a third party, then, after balancing individual open account receivables to the periodic balance, or - if this is suspended in the open account on the customer's part - the final balance from the conclusion of the open account relationship shall be assigned to iF. iF accepts this assignment.
The retention of title in accordance with the foregoing provisions shall still remain in such cases where individual demands on our part shall be included in an account current and shall be viewed as security for our balance claim. The customer must inform iF immediately of seizure of the reserved goods or any other restriction on our rights by a third party.

6. Complaints / Notification of Defects

The customer is obliged to examine the delivered goods immediately upon receipt. Complaints will only be accepted within one week of receipt of the goods. Hidden defects that cannot be discovered after the immediate examination must be notified within the statutory warranty period. Where justified complaints are made within the statutory warranty period, iF is entitled and obliged, at its option and to the exclusion of further claims, to supply a replacement.
In the case of delayed, omitted or failed replacement, the customer can demand a reduction of payment or can withdraw from the contract. Defects in a part of the delivery may not allow a whole delivery to be rejected unless the remaining part of the delivery is of no use to the customer.

7. Disclaimer

iF bears unlimited liability in the case of culpable injury to life, body or health and for damages incurred by intent or gross negligence either by iF or those employed in performing our obligations. Where iF has assumed a guarantee for the quality of the goods, for the ability to acquire the goods and for any other guarantees assumed, iF is liable for damages caused due to non-fulfillment of these guarantees and pursuant to the German Product Liability Act or any other mandatory statutory liability regulations that may apply. In case of minor negligent breach of a major contractual obligation (cardinal obligation), iF is liable up to the typically foreseeable damage, which is, in every aspect, limited to the purchase price of the ordered goods.
The above regulations apply to all claims for damages, whether in contract, tort or under any other legal or equitable regulations

8. Data Protection

All personal data made available by the customer at the beginning and during the course of the business relationship will only be used by iF for the fulfillment of the business purpose and will be processed and, in particular, stored in compliance with the regulations of the German Federal Law for Data Protection (BDSG).
The customer is, at any time, entitled to the deletion and/or correction of their personal data. Personal data is not passed on to third parties. If the customer wishes to delete or change their personal data, they must notify iF in writing.

9. Written form, Place of Performance, Place of Jurisdiction

The customer must submit all claims and complaints to iF in writing.
If the customer is not a consumer, the place of jurisdiction is Hannover (Germany).
However, iF reserves the right to pursue its claims before the courts at a location where the customer lives or has his registered office or branch. German law and German text applies exclusively with the exclusion of the UN Sales Convention. This shall also apply if the customer's registered office or branch is located in a country other than Germany. In the event of a legal dispute, the official address is: iF DESIGN MEDIA GmbH, Bahnhofstrasse 8, 30159 Hannover / Germany.

10. Final Provisions

Any deviations from these terms and conditions first require written form.
The customer shall not have the right to offset, withhold or reduce payments, even in the event of complaints of defects or counterclaims, unless iF expressly agrees to such, or the counterclaims are legally enforceable due to a final judgement. The customer shall only be entitled to rights of retention insofar as they are based on one and the same contract.
Should individual provisions of these terms and conditions prove ineffective, either in whole or in part, this shall not affect the validity of the remaining provisions.


© iF Design Media is a subsidiary of iF Design Forum International GmbH, Hannover

 

1. These General Terms and Conditions shall govern the contractual relationship between the Client (designers or others) and iF DESIGN MEDIA GmbH for the publication of one or more entries in the book BEST CREATiFES 2013. iF DESIGN MEDIA GmbH shall be obliged to publish the entries. The Client shall be obliged to pay the costs.

2. Once the Client has received a written confirmation from iF DESIGN MEDIA GmbH, the contract shall become legally binding.

3. iF DESIGN MEDIA GmbH shall have the right to reject an order for an entry on grounds of content, origin or technical format under its own standard, factually justified principles, if the entry’s content contravenes legal or regulatory stipulations or its publication is unacceptable on any other grounds. If publication is rejected on account of circumstances for which the Client is answerable, iF DESIGN MEDIA GmbH shall have the right to invoice the Client for any and all costs incurred up to that point.

4. The Client shall transfer the exclusive rights of use of the entry, free of charge, to iF DESIGN MEDIA GmbH for the duration of the statutory copyright term and for all print runs, editions and forms of publication. The Client shall not receive any license fees or royalties.

5. The Client confirms expressly that he is the sole holder of all rights to the entry, including all rights to images and photographs, and that he is entitled to transfer the exclusive rights, as stipulated under point 4. of these Terms and Conditions, without violating the rights of a third party. The Client also confirms that no further rights of use have been granted to a third party. The Client expressly exempts iF DESIGN MEDIA GmbH from all rights, claims and legal actions that a third party may have or may bring and for which the Client is responsible.

6. Charges and costs for any additional services shall be invoiced according to the iF DESIGN MEDIA GmbH price list for the project BEST CREATiFES 2013, as amended from time to time.

7. The costs for the production of requested print data and documents and for any other services requested by the Client shall be borne by the Client. Any costs that may be incurred for significant changes to the entry originally agreed upon shall be borne by the Client if these changes were desired or caused by the Client .

8. Upon conclusion of this contract by the issuing of a confirmation by iF DESIGN MEDIA GmbH, the Client shall be obliged to pay fifty percent of the total amount due. The second half of the total amount due shall be payable after the publication of the book. Invoices shall be payable in full within 14 days from the date of the invoice.

9. iF DESIGN MEDIA GmbH will charge a late payment fee of at least 5%, or at the base interest rate valid at the time, whilst reserving the right to raise further claims. In case of delayed payment, iF DESIGN MEDIA GmbH may hold back further execution of the current order until payment has been made.
10. The Client shall be responsible for prompt delivery of any text and image material and of the desired layout design. Any text and image material failing to arrive at due date will not be considered. In this event, the Client will be invoiced the full amount.

11. iF DESIGN MEDIA GmbH shall send a proof print of the double-page spread(s) of the Client’s entry in the book BEST CREATiFES 2013 to the Client. The risk of any errors shall transfer to the Client upon permission to print/permission to produce. Any subsequent changes shall be subject to additional costs. iF DESIGN MEDIA GmbH shall not be obliged to implement any subsequent changes.

12. iF DESIGN MEDIA GmbH shall guarantee print quality normal to that of the title concerned within the scope of the possibilities of the printing data. The Client shall be entitled to a reduction in payment in cases of fully or partly illegible or incomplete printing of his entry, but only to the extent that the purpose of the entry is affected, or the Client shall be entitled to a correct replacement of the faulty entry.

13. Should iF DESIGN MEDIA GmbH allow the timeframe given to it to elapse or should the replacement entry still be incorrect, the Client shall be entitled to a reduction in payment or termination of contract. Complaints must be made within 10 days after publication. Later complaints shall only be taken into consideration if the defects were not immediately visible.

14. In the event that the book BEST CREATiFES 2013 will not be published or not be published in full, the Client shall be entitled to a refund of all costs paid up until that point.

15. Any and all further claims against iF DESIGN MEDIA GmbH shall hereby be excluded. This shall also apply to any and all claims for damages caused by subcontractors of iF DESIGN MEDIA GmbH. Any claims in respect of delayed publication shall be explicitly excluded.

16. The material sent to iF DESIGN MEDIA GmbH for the production of the book shall be handled with care. iF DESIGN MEDIA GmbH shall not be liable in the event of damage or loss. Print documents shall only be returned to the Client if specifically requested. The obligation of safekeeping shall end six months after the publication of the book BEST CREATiFES 2013.

17. The place of fulfillment is Hannover, Germany. The place of jurisdiction is Germany.