General Terms of Conditions
General Terms of Conditions, Delivery and Payment
StoryTribune offers publications as text material.
Furthermore, StoryTribune takes care of individual creations of text, images or illustrations
(further named as service).
All our publications and services are provided exclusively under these conditions and terms.
1. Sales Transactions
Quatations are not binding.
Quatations of individual services will be calculated by each project on request.
Orders and/ or requests for publications and/ or services are not concluding a contract.
Contracts for publications will turn valid, when StoryTribune submits an order confirmation or
dispatches the publication/s.
Contracts for services will turn valid, when the customer agree to the quotation related to the
specific project requested to StoryTribune, and an order confirmation was submitted by
StoryTribune and vice versa.
For services it is the customers obligation to response to StoryTribune immediately in case of
differencies or discrepancies of contents to the presented order and the related confirmation.
2. Prices
All our prices are net of VAT.
Packaging and shipment costs, as well as all other incidential costs, are borne by the customer.
Prices for books are binded, as long as the particular book is still under the condition of book
price binding in a country.
3. Payment
StoryTribune accepts the provided payment methods communicated in the order confirmation,
respectively offered in our website.
Deviating agreements must be confirmed by StoryTribune in a written manner in order to become
effective.
In case of late payment StoryTribune has the right to impose late payment charges at an anual
rate that is 5% above the respective rate of the European Central Bank.
StoryTribune reserves the right to asset claims for additional damages.
The burden of proof that actual damages are less then the amount claimed by StoryTribune rests
with the customer.
The right to set-off with customer claims is excluded unless such claims are undisputed or legally
established.
4. Delivery
Delivery of publications will take place to the address which was provided to StoryTribune by the
customer.
Delivery of services will take place via online in e.g. pdf format and/ or by data media, such as
CD/DVD/ USB to the email and/ or postal address provided to StoryTribune by the customer.
StoryTribune delivers to all countries of the European Community, rest of Europe and worldwide
countries if admissable and allowed.
The dispatch of publications by StoryTribune will be arranged immediately, latest within 5 days after
the customers has received our order confirmation.
For services the delivery time will be valid as confirmed in the specific order confirmation.
in case of delivery delays StoryTribune is obligated to inform the custmer immediately.
5. Shipment
Shipment takes place to our best knowledge.
Shipment takes place at the customers risk. The risk is transferred to the customer not later than
the time of dispatch.
6. Warranty
StoryTribune warrents our pbulications and services against defects according to the respective
state-of-the-art.
Damages caused by inappropiate or improper use, failure to adhere to specified procedures, or
incorrect and/ or negligent use are not covered under warranty.
If our shipments are arbitrarily altered by the customer or by third parties without our written
approval, StoryTribune is not liable for any resulting consequences or losses.
Apparent defects must be communicated to StoryTribune in written manner immediately, not later
than 2 weeks after the shipment is received.
Notifications of defects after this period are excluded.
The customer has the right to inspect text material and/ or books by removing the outer packaging
and/ or protection film.
Obviously marks of usage are not covered by warranty.
For all legitimate complaints reported to StoryTribune in a timely manner within the warranty period,
performance of the warranty will be by way of retification of defects or the delivery of replacement.
The customer is required to return the defective item to StoryTribune for the retifiacation of the defects.
If the customers complaint is legitimate, the shipment costs are borne to StoryTribune.
Should the retification of defects or delivery of replacement fail, the customer can demand a
reduction of the amount due or recission of the contract.
In any case, including cases of failed retification of defects or delivery of replacement items, claims for
damage can only be asserted against StoryTribune, if StoryTribune acted with intent or gross
negligence or in case of failure to meet warrented characteristics.
7. Special terms of Services
Services are mainly based on request for individual creations by the customer.
As our creations always include artistic elements, this services are customized.
Therefore, replacements of completed services are excluded.
The customer can agree with StoryTribune to receive a draft before the final version will be finished.
A complete change of the topic/ theme after the draft was provided is excluded.
StoryTribune has the right to address the costs of a draft to the customer, is this is confirmed prior
in the specific quotation.
the copyright of all provided creations remain to StoryTribune - no changes of text, contents, images
or graphics or similar is allowed in any case.
8. Liability in other cases
In all other cases not covered anywhere else in these terms and conditions, especially in case of
default and breach of other pre-contracted or contractual secondary obligations etc., claims for
damages - especially also claims rising from illegal acts - are excluded regardless of their legal
basis.
This also allies to product liabilities claims in particular. This disclaimer of liability also extands to
StoryTribunes employees and assistants.
This disclaimer of liabilty does not apply in case of intent, gross negligence, or failure to meet
warrented characteristics.
9. Retention of Titles
Titles to thde items and services by StoryTribune are retained until they are payed in full, inluding all
related amounts.
10. Place of Execution, Jurisdiction, Applicable Law and Severability Clause
The address of StoryTribune is the palce of excecution for all rights and obligations of either party
arising from the delivery of items and services.
Neukirch - Egnach (TG), Switzerland, is the agreed jurisdiction.
The contractual relationship is subject to the laws of Switzerland
Should individual provisions of these general terms and conditions prove to be ineffective, the
remaining provisions continue to be effective and binding.
(C) 2010 / 2011 - All rights reserved