Remission (trade)

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Remission ( Latin remittere , “to send back”) is the return of goods (so-called remittants ) from the dealer to the manufacturer or publisher in trade and distribution .

General

In particular, the right of return has the function of guaranteeing a wide range of products in retail . Without the right of return, the retail trade would only offer the most common publishing products and also these in small quantities because of the sales risk it would then have to bear , so that supply gaps and shelf gaps would result. "The right of remission limits the risk of wholesalers and retailers to the trading margin ... while it shifts the full sales risk to the publishing company".

Legal issues

In Germany, the right of return is maintained for all books , newspapers and magazines and is therefore to be regarded as a commercial custom according to § 345 HGB . The remission right is a right of all trade levels , unsold press products after expiry of the time against full refund of the purchase price be returned to the publisher. The returns are returned to the publisher in the reverse supply chain via retailers and press wholesalers . The publisher bears the sole risk of sales and storage .

species

A distinction is made between a physical and a disembodied remission . In the first case, the goods are returned to the manufacturer or publisher and offset or credited by them; in the second case, there is no return (for example, newspapers / magazines that would be worthless because of their daily topicality), but only offset .

In publishing, a distinction is made between three types of evidence of a successful remission:

  • Full remission (whole item remission) : The dealers send back the entire print medium as proof .
  • Title head / title sheet remission : Only title pages or headers are forwarded by the dealers to the publishers, which saves postage and freight costs; the rest of the newspaper is destroyed by the dealers. This type of remission is rarely used nowadays.
  • Disembodied remission : The newspapers are completely disposed of, and the publisher only receives a flow of goods log as proof of the number of copies sold, but not about the unsold copies. Evidence of the latter is now guaranteed by a complete electronic recording system. A variant of disembodied remission is trust remission , in which the publisher has no way of checking the information.

Others

In some American books there is a note that the reader should contact the publisher if the book no longer has a cover - a measure against the misuse of the title page remission.

Web links

Individual evidence

  1. ↑ Klaus J. Hopt, The contractual relationship between the publisher and press wholesalers, in: Franz Häuser / Horst Hammen / Joachim Hennrichs / Anja Steinbeck / Ulf R. Siebel / Reinhard Welter (eds. :), commemorative publication for Walther Hadding on the occasion of Walther Hadding's 70th birthday on August 8th May 2004 , 2004, p. 445
  2. ↑ OLG Karlsruhe, judgment of April 23, 1980, Az .: 6 U 226/78 = WRP 1980, 635 , 636
  3. ^ Joseph H. Kaiser, Das Recht des Presse-Grosso , 1979, p. 146