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GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

 1.       Providers and contract partners

Vulkan-Verlag GmbH

Friedrich-Ebert-Strasse 55

45127 Essen

Germany

Managing Directors: Carsten Augsburger, Jürgen Franke

Tel.: +49 201 82002-0

Fax: +49 201 82002-40

E-mail: info@vulkan-verlag.de

www.vulkan-verlag.de

Registered office: Essen

Commercial register: District Court Essen, HRB-Number 28756

VAT ID: DE 812 959 878

 

2.       Scope, Definitions

These general terms and conditions (“Terms”) will apply for all products from the above-mentioned publishers.

The Terms apply exclusively for all transactions between the DIV Deutscher Industrieverlag GmbH or Vulkan-Verlag GmbH (in the following the “Publishers”, “We” or “Us”) and the user of our Website (in the following: “You”, the “Buyer”, or “User”.

The Terms and Conditions apply in the version valid at the time of signature. We may update or change the Terms and Conditions from time to time.

In the event of subsequent changes to the Terms, the following shall apply to any existing contract: We shall inform the user in good time about the planned changes. If the user does not object to the changes within 4 weeks, this shall be regarded as approval of the amended Terms and Conditions. We shall draw special attention to the consequences of your silent consent to planned changes. If the user objects to the changes to the Terms, we are entitled to declare the extraordinary termination of the contract; any fees paid in advance will be refunded proportionally by us in the event of termination.

Furthermore, the current data protection provisions form part of the contract; these are available under: https://www.di-verlag.de/de/Service/DATENSCHUTZERKLAeRUNG

Conflicting or deviating conditions will not be recognised unless we give our express prior written consent to their applicability. The following Terms also apply exclusively in the event that we unreservedly perform services despite having knowledge of provisions conflicting with and/or deviating from the following Terms.

 

3.       Conclusion of the contract and terms of delivery for the shop

By clicking on the button ” Into my shopping basket ” on the product detail page, you can add a product to the virtual cart. To review the contents of your cart click on the cart symbol in the top right corner of your browser window. You can change the quantity or delete the product from the cart. By clicking on the button ” Payment” you begin the ordering process. You may sign in with an existing user account, register a new account, or enter your data without registering. Then you can choose delivery options and methods of payment and check  your order. You can return to previous pages at any time and edit your entry or cancel the order by closing the browser window. You will only make a binding order by ticking the appropriate check box to accept the Terms and clicking on the button “Send Order”.

We will send you confirmation that your order has been received by e-mail to the address you gave us.  This confirmation does not constitute the publishers’ acceptance of your order. A contract will only be formed when we accept the order either expressly or tacitly by delivery of goods or making available the download at the Media Centre.

Goods on offer in the online shop are usually in stock and will be delivered within the time specified on the product detail page. If, however, goods are not in stock or if delivery will be delayed, we will inform you by e-mail or post. The product will be delivered as soon as it is in stock or has been published.

You will receive the books, journals or e-books you ordered through our delivery service. In order to make life easier for both you and us, we will send our books and journals in a single shipment with one invoice whenever possible. But for logistical reasons there may be partial shipments on different days. You will not be charged extra for this.  Please note that we do not ship goods on Sundays or on holidays. As a rule, downloads can be accessed immediately after we have accepted your order.

 

4.       Prices

Books and journals (print and digital) are subject to legally binding resale price maintenance. We do not offer discounts or other reductions. Given due reason, we are entitled to deliver orders against advance payment or cash on delivery.

We will charge the prices valid at the time of delivery. For goods delivered with the option of returning, we reserve the right to change prices until the date of the final invoice.

If the buyer sells our products to resellers, the buyer is obliged to bind those resellers similarly to observe the retail price.

All prices include VAT at the valid rate. Delivery charges will be shown in your order form.

 

5.       Order and delivery

The goods are delivered by post. The buyer has to pay for the delivery of the goods unless the goods are delivered free of charge. The publishers will not be liable for any delays along the postal or delivery chain. Damages in transit have to be confirmed by the deliverer within 5 days. In your own interest, damages occurring in transit should be noted in the presence of the deliverer and settled with the relevant carrier (Deutsche Post, Deutsche Bahn, haulier, commission agent, etc.). If the buyer is a consumer, the risk of loss and damage is borne by the publishers.

The goods remain the property of the publishers until payment has been made in full for all our claims concerning past and future deliveries resulting from our business relations.

Goods sent on approval have to be returned in the original packaging and with invoice within three weeks from the date of the invoice. The publisher is only obliged to take back the goods if they are in flawless condition. In all other cases, the purchase price has to be paid within three weeks from the date of invoice.

Orders will be accepted or refused within 2 working days. In case of advance payment, the goods will be delivered within 3 working days after the payment (cf. clause 6).

If the chosen product is out of stock either at the time of order or permanently, the publishers will immediately notify the buyer of this in the order confirmation. If the product is permanently out of stock, the publishers will refrain from a notice of acceptance. In this case, no contract will be concluded.

If the product is only temporarily out of stock, the publishers will immediately notify the buyer in the order confirmation. If the delivery is delayed by more than two weeks, the buyer may withdraw from the contract. In this case, the publisher also has the right to withdraw from the contract. Here, all payments already made by the buyer will be refunded immediately.

 

6.       Payments

With the exception of goods sent on approval, payment is due immediately on conclusion of the contract. If a fixed date for payment is stipulated in the contract, the buyer defaults by failing this due date. In this case, the publishers are entitled to late payment interest amounting to 5 percentage points above the base rate.

Invoices are payable by bank transfer to the given bank account, stating the customer number and invoice number as reference . If reference data is incomplete, the delivery cannot be performed punctually.

The customer’s obligation to pay late payment interest does not exclude further claims by the publisher for damages arising from the customer’s default.

The customer shall only have the right to offset payments if the counter claims have been recognized by declaratory judgement or are acknowledged by the publisher and unless they are based on the same contractual relationship.

 

7.       Warranties

Statutory warranties apply, especially sections 434 et seq. German Civil Code (BGB).

Complaints due to faults, wrong delivery, quantity variance, and scope of delivery as can be discerned by reasonable examination have to be submitted in writing to the publishers immediately, and at the latest within one week after the delivery of the goods. Consumers are not bound by this obligation.

 

8.       Limitation of liability

Claims of customers for damages are excluded. This does not apply to customers’ claims to damages due to negligent injury to life, body, health or due to negligent breach of cardinal duties (material contractual obligations whose breach would jeopardise the attainment of the purpose of the contract and which the contracting parties may rely on). This also does not apply to any liability for other damages which are the result of intentional or negligent breach of duty on part of the publishers, their legal representatives, or vicarious agents.

In the event of negligent breach of such material contractual obligations, the publishers shall only be liable for damages which are foreseeable and typical for this kind of contract and only up to the value of the ordered goods unless the customer claims damages for injury of life, body, or health.

The limitations of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the publishers if claims are made directly against them. The provisions of the German Product Liability Act shall apply.

 

9.       Conditions for subscriptions and serial instalments

Subscriptions for journals are permanent and may be terminated in writing by giving 8 weeks’ notice to the end of the calendar year unless stated otherwise in the imprint of the publication. Subscription fees are to be paid in advance. They include postage.

Unless otherwise agreed, the order of serial instalments, loose-leaf editions, subscriptions and other goods intended for serial delivery (e.g. CD-ROMs) includes the subscription of subsequent instalments and updates. Subscriptions to these may be terminated according to the specified conditions, usually at all times.

 

10.   Right to withdraw

Consumers have a statutory right to withdraw from the contract. This right does not apply to

  • The delivery of audio and video recordings or computer software in a sealed package if the seal has been removed after delivery;
  • The supply of goods that are made to the customer’s specification or are clearly personalised (e.g. media with library bindings, or goods that have been embossed with names);
  • The supply of newspapers, journals, or magazines. However, subscription contracts retain a cancellation right.

In case of immaterial digital goods which are not on a tangible medium (downloads), the right to cancel expires prematurely as soon as the download is being supplied. The customer has to expressly request that the publishers begin the supply of the digital content during the cancellation period and must have acknowledged that the right to cancel would be lost.

 

The following shall apply to contracts for goods in a single delivery:

Notice of Right of Withdrawal

Right to withdraw

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the first goods.

To exercise the right of withdrawal, you must inform us (for ebooks/epapers: Vulkan-Verlag GmbH, Friedrich-Ebert-Strasse 55, 45127 Essen, Germany, Tel: +49 201 82002-0, Fax: +49 201 82002-40, e-mail:  info@vulkan-verlag.de or for journals: Leserservice Vulkan-Verlag GmbH, Franz-Horn-Str. 2, 97082 Würzburg, Fax: +49 931 4170-494, e-mail: leserservice@vulkan-verlag.de) of your decision to withdraw from this contract (e.g. in a letter sent by post, a fax, or an e-mail).

To meet the withdrawal deadline, it is sufficient for you to send notice of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than 14 days from receipt of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.  We may withhold reimbursement until we have received the returned goods or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

 

The following applies for a contract for goods which were ordered in a single order process but delivered separately:

Notice of Right of Withdrawal

Right to Withdraw

You have the right to withdraw from this contract within 14 days without giving any reason.

The period of 14 days for withdrawal begins on the day that you or a third party nominated by you who is not the deliverer receives the last goods.,

To exercise the right of withdrawal, you must inform us (for books/e-books: Vulkan-Verlag GmbH, Friedrich-Ebert-Strasse 55, 45127 Essen, Germany, Tel: +49 201 82002-0, Fax: +49 201 82002-40, e-mail: info@vulkan-verlag.de or for journals: Leserservice Vulkan-Verlag GmbH, Franz-Horn-Str. 2, 97082 Würzburg, Fax: +49 931 4170-494, e-mail: leserservice@vulkan-verlag.de) of your decision to withdraw from this contract (e.g. in a letter sent by post, a fax, or an e-mail).

To meet the withdrawal deadline, it is sufficient for you to send notice of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than 14 days from receipt of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the returned goods or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct costs of returning the goods. You are only liable for any diminished value of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

 

The following applies for service contracts (membership of portals):

Notice of right of withdrawal

Right to withdraw

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Vulkan-Verlag GmbH, Friedrich-Ebert-Strasse 55, 45127 Essen, Germany, Tel: +49 201 82002-0, Fax: +49 201 82002-40, e-mail: leserservice@vulkan-verlag.de) of your decision to withdraw from this contract (e.g. in a letter sent by post, a fax, or an e-mail).

To meet the withdrawal deadline, it is sufficient for you to send notice of withdrawal before the withdrawal period has expired.

Effects of withdrawal  

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than 14 days from receipt of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

 

The following shall apply to contracts for the delivery of immaterial digital content (downloads):

Notice of Right of Withdrawal

Right to withdraw

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (for ebooks/epapers: Vulkan-Verlag GmbH, Friedrich-Ebert-Strasse 55, 45127 Essen, Germany, Tel.: +49 201 82002-0, Fax: +49 201 82002-40, e-mail: Leserservice@vulkan-verlag.de) of your decision to withdraw from this contract (e.g. in a letter sent by post, a fax, or an e-mail).

To meet the withdrawal deadline, it is sufficient for you to send notice of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than 14 days from receipt of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 

The following applies for subscriptions:

Notice of right of withdrawal

Right to withdraw

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the first goods.

To exercise the right of withdrawal, you must inform us (Leserservice Vulkan-Verlag GmbH, Franz-Horn-Str. 2, 97082 Würzburg, Fax: +49 931 4170-494, e-mail: leserservice@vulkan-verlag.de) of your decision to withdraw from this contract (e.g. in a letter sent by post, a fax, or an e-mail).

To meet the withdrawal deadline, it is sufficient for you to send notice of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than 14 days from receipt of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial

transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the returned goods or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

You may use the attached model withdrawal form, but it is not obligatory:

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To Vulkan-Verlag GmbH, Friedrich-Ebert-Strasse 55, 45127 Essen, Germany, Tel: +49 201 82002-0, Fax: +49 201 820 02-40, e-mail: info@vulkan-verlag.de:

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following

– Goods (*)/provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only for communications on paper)

– Date

___

(*) Delete where not applicable.

 

11.   General terms and conditions for advertisements and insert supplements in newspapers and magazines

An “Advertisement order” in accordance with the following general terms and conditions is an agreement about the publication of one or more advertisements of an advertiser or other party in printed matter for the purpose of distribution.

Advertisements are, unless otherwise specified, for publication within one year of conclusion of the contract. If the agreement confers the right to draw on individual advertisements, then the order is to be completed within one year of the publication of the first advertisement, provided the first advertisement is drawn on and published within the deadline stated in Sentence 1.

By agreement, the Ordering Party may also, within the agreed time period or the period mentioned in Section 2, commission further advertisements beyond the quantity mentioned in the order.

To calculate the purchase volumes, text-millimetre lines will be converted according to price into advertising-millimetres.

Orders for advertisements and third-party inserts that are specified for publication solely in certain numbers or issues or in specific places of the printed matter must be received in time by the publisher so that the Ordering Party can be informed before the deadline for submissions if the order cannot be fulfilled in this manner. Categorized advertisements are printed in the relevant category, without this requiring prior express agreement.

Text-section advertisements are enclosed on at least three sides by text and do not border on other advertisements. Advertisements which are not recognisable as such as a result of their editorial design, will be made clearly identifiable by the publishers with the word “Advertisement”.

The publisher reserves the right to reject orders for advertisements (including individual commissions as part of an agreement) or for inserts on the grounds of their contents, their origin, or their technical format, or if their contents contravene laws or official regulations, or if their publication would be deemed unreasonable for the publisher. This also applies for orders that are placed though branch offices, local receiving offices or advertising representatives. Insert orders only become binding for the publisher after an example of the insert has been presented to and approved by the publisher. Inserts will not be accepted if they create the impression, because of their format or design, of being an integral part of the publication or journal, or if they contain third-party advertising. The rejection of an order will be notified to the Ordering Party without delay.

The Ordering Party is responsible for the timely delivery of advertising copy text and flawless print documents or of the inserts. The publisher will call for replacements without delay if these are clearly unsuitable or damaged. The publisher ensures the print quality usual for the selected publications within the scope of possibilities for the printing material submitted.

In the event that a printed advertisement is in whole or in part illegible, incorrect or incomplete, the Ordering Party shall be entitled to a reduction in payment or a faultless replacement advertisement, but only to the extent that the purpose of the advertisement was impaired. If the publisher fails to comply with a reasonable deadline set for this purpose or if the substitute advertisement is again not faultless, then the Ordering Party has a right to a reduction in the purchase price or cancellation of the order. Claims for damages for positive breach of obligation, faults in the conclusion of the contract (culpa in contrahendo), and illicit conduct are excluded – also for orders that are placed by telephone. Claims for damages arising from the impossibility of performance or delayed performance shall be limited to compensation for the foreseeable damages and to the amount to be paid for the advertisement or insert in question. This does not apply for intention or gross negligence on the part of the publisher, or a legal representative or a vicarious agent. The publisher’s liability for damage due to the lack of assured features remains unaffected. Furthermore, in commercial transactions the publisher is not liable for gross negligence of vicarious agents; in other cases, liability to trading partners for gross negligence is limited to the level of foreseeable damages up to the price of the relevant advertisement. Except in the case of defects that are not apparent, complaints must lodged within 4 weeks of receiving the invoice and the specimen copy.

Proofs are only supplied if expressly requested. The Ordering Party bears responsibility for the correctness of the returned proofs. The publisher takes into consideration all corrections of proofs returned before the specified deadline.

Unless specific sizes have been stipulated, the actual print height customary for the type of advertising shall provide the basis for invoicing.

In the event of delayed or deferred payments, interest will be charged as well as the collection fees. In the event of default, the publisher may suspend the further execution of the current order until payment is made, and may demand advanced payments for the remaining advertisements. If there is reasonable doubt regarding the Ordering Party’s ability to pay, then the publisher is entitled, even during the course of the advertising agreement, to make the publication of further advertisements dependent on the advanced payment of the sum in question and on the settlement of unpaid invoiced sums, irrespective of previously agreed terms of payment.

The publisher will, on request, supply a specimen copy with the invoice. Depending on the nature and size of the advertisement this may be submitted as a cutting, a specimen page, or a complete issue. If such a proof can no longer be obtained, then the publisher may instead provide a legally-binding assurance about the publication and distribution of the advertisement.

Costs for the production of ordered print copy and for substantial changes to the originally agreed copy as requested by or caused by the Ordering Party are borne by the Ordering Party.

A reduction in circulation may, in the case of an agreement for several advertisements, give grounds for a claim for a price reduction if the overall average circulation for the insertion year beginning with the first advertisement is below the average circulation for the previous calendar year as stated in the price list or in some other form, or, should the circulation not be stated, then below the average number of copies sold (or in the case of some specialist journals the average number actually distributed) in the previous calendar year. Only a reduction in the circulation by a minimum of 20% is deemed to be a defect which gives grounds for a price reduction.

Furthermore, claims for price reductions are excluded for agreements if the publisher has given the Ordering Party due notice before the reduction of the print run such that the Ordering Party would have been able to withdraw from the contract before the advertisement appeared.

All terms and conditions named in this Section 11 will also be applied correspondingly for online advertisements. On request, evidence can be provided of the frequency of online use after the placement of banner ads.

 

12. Final provisions

To the extent permitted by law, i.e. where registered traders and international contracts are concerned, the registered office of the publisher in question determines the place of jurisdiction. The laws of the Federal Republic of Germany apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods

Should one or more provisions be or become ineffective, this shall not affect the effectiveness of the other provisions.  The ineffective provision shall be interpreted or augmented so as to achieve the intention of the ineffective provision.

Please note that our website features books and journals from the following publishers:

Vulkan-Verlag GmbH, Friedrich-Ebert-Strasse 55, 45127 Essen, Germany

Managing Directors: Carsten Augsburger, Jürgen Franke

 

As of: September 2018