Terms and Conditions

General Terms and Conditions for the Delivery of Goods

1.
Preliminary Remark
1.1
These terms and conditions apply to all deliveries of goods (books, magazines, loose-leaf publications, supplementary deliveries, tables, brochures, CD-ROMs, DVDs and the like) from Vincentz Network GmbH Co. KG.
If the conditions are not accepted, the shipment must be returned at no expense or postage; otherwise, an objection shall be deemed not to have been raised. The purchaser’s counter-conditions do not invalidate the terms of delivery and payment, even if the publisher does not expressly object.
1.2
For online products, the use of which takes place exclusively by means of remote data transmission via the Internet, the General Terms and Conditions for Online Products (GTC Online Products) apply.
1.3
When delivering software (CD-ROM, DVD, download of applications), supplementary provisions apply (software license conditions, download license conditions).
2.
Conclusion of Contract
2.1
The contract is concluded when we accept the order by means of an express order confirmation or by sending the goods.
2.2
In the case of electronic orders, we automatically confirm receipt of orders. This confirmation of receipt does not constitute acceptance of the order within the meaning of clause 2.1.
2.3
Binding delivery dates must be agreed in writing.
2.4
The cancellation of an order can only be considered if it is received by us before the order confirmation is sent.
2.5
For new releases and new editions, certain delivery dates cannot be guaranteed. If necessary, delivery can be made in partial shipments.
2.6
The publisher’s books are dispatched in the manner most favorable in our opinion. Special shipping regulations must be clearly stated for each order. If, in the case of subscription orders through the book trade, delivery is requested to an address different from the billing address, the publisher reserves the right to reduce the discount.
The publisher’s book production is generally subject to price fixing. Works with a non-binding recommended price are marked accordingly. By accepting the shipment, the recipient expressly undertakes to comply with the retail price set by the publisher (including the fixed special prices). Intermediaries must oblige their customers accordingly. Any violation of these obligations entitles the publisher to discontinue further deliveries.
3.
Terms of Payment
3.1
The invoice is payable after the due date without deduction. In the case of subscriptions, the subscription price is due upon sending the invoice.
3.2
Delivery is made at the respective valid gross end price (net price plus statutory value added tax).
3.3
The publisher reserves the right to change prices between order and delivery.
3.4
The customer is not entitled to withhold payments unless he is entitled to a legal right of retention.
3.5
If a direct debit is not objected to within 5 days of the debit date, it shall be deemed to have been approved.
3.6
All deliveries are made at the expense and risk of the customer. The actual shipping costs can be found in the respective order offer.
3.7
Discount and bank charges shall be borne in full by the customer and are payable immediately. If the payment deadline is exceeded, all further outstanding invoices and claims of the publisher shall become due immediately, irrespective of previously granted payment deadlines. The calculation of default interest at a rate of 2% above the respective discount rate of the Deutsche Bundesbank plus the usual bank commission – but at least 8% from the due date – remains reserved, without the need for further reminders.
The publisher is also entitled to refuse further delivery.
4.
Complaints Complaints can only be considered within one week of receipt of the shipment and with simultaneous submission of the original invoice and the delivery note or packing slip. Justified complaints give entitlement to replacement delivery (exchange) of the books. Reworking or credit note at the publisher’s discretion. Further claims, in particular a claim for damages, are excluded.
5.
Exchange Firmly purchased books will be taken back in exceptional cases, but only with the written consent of the publisher and only against simultaneous purchase of other books, in the value of the return. The costs for the return and exchange shipment plus a processing fee at the usual industry rate shall be borne by the buyer. Returns on the basis of granted remission rights will only be accepted up to the fixed date. The return will only take place if the delivery is in perfect, resalable condition. Returns without proper and complete remittance invoice cannot be recognized. Defective copies and unauthorized returns will be returned at the expense and risk of the buyer.
6.
Termination
6.1
In the case of a contract for continuous delivery for an indefinite period, the contract may be terminated at any time, provided that the subscription does not contain a specially agreed period of notice.
6.2
Any termination must be made in writing. A refusal to accept deliveries does not constitute termination.
6.3
In the case of contracts with immediate termination, the customer is entitled to a pro rata refund of the amount not used, less any applicable fees.
7.
Retention of Title
7.1
We reserve unrestricted ownership of all deliveries until all payment obligations have been fully met by the customer.
7.2
When delivering to resellers, the latter is entitled to resell in the ordinary course of business. He is generally authorized to collect the receivables. For security, the reseller assigns to us all claims against his customers in the amount of the invoice value of the goods (extended retention of title).
8.
Warranty/Liability
8.1
Complaints must be reported immediately in writing to Vincentz Network GmbH Co. KG, insofar as they concern the delivery of subscriptions; in the case of other complaints / obvious defects, at the latest within one month after acceptance of the delivery.
8.2
Within the statutory warranty period, it is possible to demand rectification or replacement.
8.3
If we are not willing or able to provide rectification or replacement or if this fails for other reasons, the customer is entitled, at his discretion, to withdraw from the contract or to demand a reasonable reduction of the purchase price (reduction).
8.4
Further claims of the customer, in particular claims for damages due to delayed or omitted delivery, are excluded.
9.
Data Protection
9.1
Note according to § 33 BDSG: The storage and processing of customer data takes place in strict compliance with the Federal Data Protection Act by Vincentz Network GmbH Co. KG, neutral service providers commissioned by us and affiliated companies.
9.2
The customer agrees that Deutsche Post AG may inform Vincentz Network GmbH Co. KG of the correct current address, provided that a postal item could not be delivered to the previously known address (§ 4 Postdienst-Datenschutzverordnung).
10.
Severability Clause
Should a provision of these terms of delivery and payment be invalid, this shall not affect the validity of all other provisions.
11.
Final Provisions
German law applies exclusively. Place of performance and jurisdiction for merchants is Hanover and Hamburg.

Status: January 2005

General Terms and Conditions for Online Products

These terms and conditions apply to all digital databases, applications, information, sample contracts, explanations and other online services (hereinafter referred to as online products) provided by Vincentz Network for a fee or free of charge, the use of which is exclusively by means of data transmission via the Internet. The General Terms and Conditions for the Delivery of Goods apply to the delivery of goods (books, loose-leaf publications, supplementary deliveries, tables, brochures, CD-ROMs and DVDs). The delivery of software is subject to supplementary provisions in accordance with the Software Licence Conditions.
Preamble
Vincentz Network provides its customers with various electronic products in its online offerings. These terms of use govern the rights and obligations of the parties with regard to access to these contents if and to the extent that the provisions of the respective licence agreement between Vincentz Network and the customer for the respective electronic product do not contain any deviating regulations. The following General Terms and Conditions (Terms of Use) apply exclusively. Deviating terms and conditions of the customer shall only apply if they have been confirmed by Vincentz Network.
Customer / User:
Customer within the meaning of these Terms of Use is the person who concludes a contract with Vincentz Network in accordance with the Terms of Use. The customer (of a single licence) is entitled to use the product himself or (multiple licence) designates persons (users) to Vincentz Network by name (first name, surname, e-mail address) who should be entitled to use the product. The customer of a multi-user licence may designate users up to a number corresponding to the number of licences purchased.
1.
Conclusion of contract
1.1
The customer submits a binding order by clicking the “order subject to payment now” button. Vincentz Network usually confirms receipt of the order by e-mail. The confirmation e-mail does not yet constitute acceptance of the order.
1.2
The contract is concluded when Vincentz Network expressly accepts an order.
1.3
If the customer is a consumer, he has a statutory right of revocation. The right of revocation expires prematurely if the customer expressly agrees that the execution of the contract is commenced and he confirms his knowledge that the right of revocation expires as a result of the consent and the execution of the contract is commenced.
2.
Revocation instruction
2.1
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us (contact details see legal notice) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
2.2
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days of the date on which we received notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.
3.
Scope of use
All rights and claims to the contents remain with Vincentz Network, unless these have been expressly granted to the customer in the licence agreement. During the term of the contract, Vincentz Network grants the customer the non-exclusive, revocable and non-transferable right to access the contents and to view, display, search or retrieve them as intended for his own purposes. The use of the contents is limited to the scope conclusively defined in the respective licence agreements. In no case may the customer duplicate, distribute, make publicly available or otherwise pass on and/or process the contents to third parties. In particular, the customer is also prohibited from updating, changing, revising, adapting, modifying, translating, converting the contents or creating derivative works from them. Upon expiry of the term of the contract, the right to use the contents ends. The customer may not remove, obscure or alter the copyright notices, trademarks, logos or marks, or other protected rights appearing in or on the licensed content.
4.
Access to the contents
During the term of the contract, the customer receives access to the licensed contents via an authentication method specified by Vincentz Network (e.g. username, password or IP authentication). After conclusion of the licence agreement, Vincentz Network will provide the customer with a set of access data. This access data may only be used by an authorised user and is not transferable to other persons. The access data is technically limited to the access of a single licence. The customer or the users are prohibited from passing on the access data to third parties.
5.
Rights and obligations of Vincentz Network
Vincentz Network reserves the right, in compliance with data protection, to analyse the log files in order to detect misuse by the customer and/or third parties. Vincentz Network may remove parts of the contents from the websites for which Vincentz Network no longer holds publication rights or with regard to which it has reasonable grounds to assume that they infringe copyrights or otherwise violate other legal provisions. The availability of the contents is technically realised by Vincentz Network in the way in which Vincentz Network generally makes such contents available to its customers, but at least within the framework of the market-standard technical standards. Vincentz Network will take reasonable and appropriate measures to grant the customer or the authorised users uninterrupted access to the website and continuous availability of the contents. However, constant availability is expressly not guaranteed. In particular, access may be temporarily restricted for technical reasons, for example due to necessary maintenance and repair work.
6.
Rights and obligations of the customer
6.1
In the case of a multiple licence, the customer shall inform the authorised users of the intellectual property or other protective rights applicable to the contents as well as of the forms of use prohibited according to section 3 of these Terms of Use. The customer shall take all reasonable measures to prevent any infringement of the intellectual property rights or other rights of Vincentz Network in the contents by users or third parties.
6.2
If the customer detects a misuse of the access to the contents by an employee or a third party, the customer shall inform Vincentz Network immediately about the details of the misuse and take the necessary measures to prevent a repetition of the misuse. As far as possible, the customer will immediately block the access authorisation of the abusively acting person after knowledge of the misuse. Depending on the nature and scope of the misuse, Vincentz Network may, at its own discretion, take further steps against the abusively acting authorised user.
7.
Remuneration
7.1
The customer is obliged to pay the agreed remuneration. If payment is not made, Vincentz Network may block the customer’s access without further notice and at its own discretion. Further claims remain unaffected.
7.2
Payment shall be made after invoicing by Vincentz Network, either by credit card, direct debit or bank transfer. The invoice is payable without deduction after the due date. In the case of subscriptions, the subscription price is due upon dispatch of the invoice. In the event of default in payment, default interest shall be charged at a rate of 2 percentage points above the base interest rate plus the usual bank commission – but at least 8% from the due date – without the need for further reminders. Vincentz Network is entitled to individually restrict the payment options for each customer.
7.3
Vincentz Network may adjust or amend the basis for calculating the annually recurring license fees.
8.
Contract Term
8.1.
Subscription agreements have a term of 12 months from the start of the contract and are automatically extended by a further 12 months if they are not terminated with a notice period of 3 months before the end of the contract.
8.2
The right to extraordinary termination for good cause remains unaffected for both parties.
8.3
Any termination must be in writing (letter, fax, e-mail).
8.4
In the case of so-called trial subscriptions, the term is 14 days. After the 14-day trial period, the subscription will be converted into the equivalent, then chargeable, subscription model.
9.
Warranty, Liability and Indemnification
9.1
Vincentz Network shall be liable in accordance with the statutory provisions for damages incurred by the customer that were caused intentionally or by gross negligence, that are the result of the absence of a guaranteed quality of the object of performance, that are based on a culpable breach of essential contractual obligations (so-called cardinal obligations), that are the result of a culpable injury to health, body or life, or for which liability is provided for under the Product Liability Act.
9.2
Cardinal obligations are those contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, and the breach of which, on the other hand, endangers the achievement of the purpose of the contract.
9.3
In the event of a breach of a cardinal obligation, liability – insofar as the damage is based only on slight negligence and does not concern life, limb or health – shall be limited to such damage, the occurrence of which must typically and foreseeably be expected within the scope of the provision of services such as the services that are the subject of the contract.
9.4
In all other respects, liability – regardless of the legal basis – is excluded both by Vincentz Network and its vicarious agents.
9.5
The customer undertakes to indemnify Vincentz Network and its affiliated companies with regard to such claims and losses arising from unauthorized use of the licensed content and which the customer could have prevented by observing the due diligence required in business transactions. The customer undertakes to indemnify Vincentz Network in this respect against claims by third parties.
9.6
In any case, liability by Vincentz Network is excluded if the customer uses the content beyond the authorization granted under the respective license agreement.
10.
Final Provisions
10.1
Vincentz Network reserves the right to change the terms of use at any time and without giving reasons.
10.2
Vincentz Network may assign its rights under the subscription agreement in whole or in part or transfer its obligations hereunder in whole or in part without the prior consent of the customer. The customer is not entitled to transfer rights or obligations under this agreement in whole or in part to a third party without the prior consent of Vincentz Network.
10.3
Should any provision of the terms of use be ineffective, unlawful or legally unenforceable, all other provisions shall remain in full force and effect.
10.4
This contract is subject to German law. The exclusive place of jurisdiction is Hanover.

Status: November 2015

DE_AGB_Onlineprodukte.pdf 153 kB

Software License Terms

1.
Preliminary Remark
These license terms apply in addition to the General Terms and Conditions for the Delivery of Goods (GTC Delivery of Goods) or the General Terms and Conditions for Online Products (GTC Online Products) as well as for Downloads (GTC Downloads). By opening the seal, the license terms are accepted.
2.
Grant of Rights of Use
Upon conclusion of the contract for the delivery/download of software (regardless of the storage medium), the customer is granted the non-transferable and non-exclusive right to use the software that is the subject of the contract, which is limited to the use described below. All rights of use not expressly listed there remain with Vincentz Network as the owner of all copyrights and industrial property rights.
3.
Scope of Rights of Use
3.1
With the delivery, the customer acquires the right to use the software delivered to him on any computer that is suitable for these purposes. In addition, the customer is expressly granted the right to use an online database for some products. The duration of the right of use depends on the respective software product; it is communicated to the customer at the beginning of the contract and with each further update. If the right to use the software that is the subject of the contract is limited in time, it ends after the agreed usage period has expired. The right of use of the online database is determined exclusively by the subscription period for the respective software product and ends at the same time as this.
3.2
The customer undertakes to use the program only for his own purposes and not to make it available to third parties either free of charge or against payment. The software may only be used by one person on one computer, but not simultaneously on two or more computers, whether by the same or different persons simultaneously.
3.3
The customer is entitled to install the software on a hard disk and use it, as well as to make a backup copy of the original diskette or CD-ROM, which, however, may not be used simultaneously with the original version. In the case of a contract for a network version/multiple license, the customer is entitled to use the software at any time on one or more computers with several people simultaneously in accordance with the contractual agreement.
3.4
The customer is not entitled to make copies of the software, unless the copies are made for data backup purposes and are only used for this purpose. Furthermore, he may not reproduce the software components, supplied images, the manual, accompanying texts and the documentation belonging to the software by photocopying or microfilming, electronic backup or by other procedures, distribute, rent, grant sublicenses to third parties or otherwise make the software and/or the associated documentation available to third parties. The customer is not entitled to pass on access codes and/or passwords for the product or for database accesses that are related to the product to third parties. The customer is not authorized to change, modify, adapt or decompile the software and/or the associated documentation in whole or in part, insofar as it exceeds the limits of Sections 69d Para. 3, 69e UrhG in each case. The customer is also prohibited from changing copyright notices, trademarks/brand names and/or ownership information of the publisher on programs or on the documentation material.
4.
Liability
Liability for damage caused by the use of the software supplied by Vincentz Network to other software or to data carriers/data processing systems of the customer shall only be assumed if the defect in the supplied software/data carrier causing the damage was caused intentionally or through gross negligence by a legal representative or vicarious agent and the damage is foreseeable and typically occurs. In the case of contracts with legal entities under public law, special funds under public law and merchants – with respect to the latter, however, only if the contract belongs to the operation of their commercial business – in addition to the limitation of liability in the preceding sentence, liability for gross negligence by vicarious agents is also excluded, unless it is the fault of executive vicarious agents or essential contractual obligations are violated. Statutory warranty claims for subsequent performance, rescission or reduction – but not for damages – shall remain unaffected by the above provision.
German law applies exclusively. The place of performance and jurisdiction for merchants are Hanover and Hamburg.

Status: January 2005

Download of Documents

1.
Preliminary remark
The following terms and conditions apply to the digital content, information, sample documents and explanations (hereinafter referred to as Content) provided for download, whether for a fee or free of charge.
When the Content is accessed (as a download or via e-mail attachment), a contractual obligation is created in accordance with the prior information on use.
2.
Terms of payment
The contract is concluded when the customer pays the amount displayed after selecting an online product to Vincentz Network by credit card or electronic direct debit.
3.
Starting credit
Each user can only use any starting credit once for themselves. Any unused starting credit will expire after the consumption period (90 days after registration) without further notification. A cash payment or offsetting of a starting credit is not possible.
4.
Copyright
All copyrights, rights of use and other protective rights to the Content remain with Vincentz Network. The user is only entitled to use the Content for their own purposes. They are not entitled to make the Content available to third parties on the Internet, in intranets and in extranets for exploitation. Commercial duplication and resale of the Content are expressly excluded.
5.
Warranty/Liability
The Content is regularly revised and updated. Despite all prudence and care, when using the Content, care must always be taken to ensure that a changed legal situation or amendment by the case law could make a modification of the Content necessary. A timely use of the retrieved Content, in the current version, is therefore advisable. The selection and use of the Content is the sole responsibility of the user. Further claims of the user, in particular due to lost profit or consequential damage, are excluded. This does not apply if the cause of the damage is based on intent or gross negligence for which we are responsible.
6.
Data protection
Note according to § 33 BDSG: The user data is only stored for internal use. The use of user data and processing by neutral service providers takes place in strict compliance with the data protection law.
By registering, the user expressly agrees that their data may be stored for occasional information about updates to the Content and new offers. Consent can be withdrawn by informal notification by e-mail, fax or letter.
7.
Final provision
German law applies exclusively.
Place of performance and jurisdiction for merchants is Hanover and Hamburg.

Status: January 2005

Events

1.
Cancellations
For cancellations between four and two weeks before the event, a cancellation fee of 50% of the invoice amount is due. If canceled later than two weeks before the event or in case of non-participation without prior cancellation, the full participation fee must be paid. However, it is possible to name a substitute person at any time. Cancellations and changes must be communicated in writing and will be confirmed by the organizer. Any refunds will be made after the event. Vincentz Network reserves the right to cancel the event. Any cancellation fees of third parties (e.g. for train or plane tickets) will not be reimbursed in this context.

2.
Note
During the events, photos/film recordings are sometimes taken for documentation purposes, which may be used for advertising purposes.
Vincentz Network creates a list of participants as part of the event, which contains the following information: Name of the institution, participant name, professional function of the participant, address (street, postal code, city) of the institution. This list of participants will be made available to all participants and sponsors/exhibitors of the event, who may also use it for postal advertising purposes. An objection to the publication of the data and the transfer for advertising purposes is possible at any time up to 3 weeks before the start of the event. The objection must be made in writing.

Status: February 2012