Terms and Conditions
- General Conditions of Trading for the Delivery of Goods
- General Terms and Conditions for Online Products
- Software
- Events
General Conditions of Trading for the Delivery of Goods
1. Preamble
1.1
These conditions of trading apply for all deliveries of goods (books, periodicals, loose-leaf editions, supplementary deliveries, tables, brochures, CD-ROMs, DVDs and similar) provided by Vincentz Network GmbH & Co. KG.
If these conditions are not recognised the consignment should be sent back free of charge and postage-free, otherwise objections will be deemed not to have been raised. Counter-stipulations made by the buyer do not nullify the terms of delivery or payment even if the publisher does not explicitly raise objections.
1.2
For online products, the use of which occurs exclusively as a means of data transmission via the Internet, the General Conditions of Trading for Online Products and downloads apply.
1.3
When software is supplied (CD-ROM, DVD, download of applications) the supplementary conditions (software licensing conditions) apply.
2. Conclusion of contract
2.1
The contract comes into being when we accept the order by an explicit confirmation thereof or by sending the goods.
2.2
In the case of electronic orders we confirm receipt of orders automatically. This confirmation of receipt is not an acceptance of order as described in point
2.3
Binding delivery dates must be agreed in writing.
2.4
Cancellations of orders can only be considered if we receive them before we have sent the confirmation of order.
2.5
For new releases and new editions firm delivery dates cannot be guaranteed. If necessary delivery may be carried out in partial deliveries.
2.6
The publishing house’s books are sent the way we consider to be the most cost-effective. Special delivery instructions must be stated unmistakably for every order. In the case of subscribers’ orders through a bookseller, where delivery is requested to an address other than the invoice address, the publisher reserves the right to reduce discounts.
The publisher’s books are generally price-controlled. Books with a recommended retail price are marked accordingly. With the acceptance of the consignment the recipient is explicitly obliged to keep to the retail price stipulated by the publisher (including stipulated special prices). Middlemen must pass on this obligation to their customers. Any violation of these obligations entitles the publisher to cease further deliveries.
3. Terms of payment
3.1
The invoice is payable without deduction after the due date. For subscribers the subscription price is due on receipt of invoice.
3.2
Delivery is carried out for the currently valid gross price (net price plus statutory value added tax).
3.3
The publisher reserves the right to change prices between the order and delivery.
3.4
The customer is not entitled to withhold payments if he/she has no legal right to do so.
3.5
If a direct debit order is not withdrawn within 5 days of the direct debit date then it will be considered authorised.
3.6
All deliveries are carried out at the customer’s expense and risk. The actual delivery costs can be seen in the corresponding offer.
3.7
Any bank charges will be borne completely by the customer and these are payable immediately. If the credit period is exceeded then all further unpaid invoices and claims due to the publisher are payable with immediate effect regardless of previously agreed delivery dates. We reserve the right to calculate interest on arrears to an amount of 2% above the current minimum lending rate of the German Federal Bank (Deutsche Bundesbank) plus the usual bank commission – in any case at least 8% from the date due, no further reminder being required.
Furthermore the publisher is entitled to refuse further deliveries.
4. Complaints
Complaints can only be considered within a week of receipt of goods and if accompanied by the original invoice and the delivery note. Legitimate complaints entitle the customer to replacement (exchange) of the books, rectification or credit note as decided by the publisher. All further claims, particularly claims for damages, are excluded.
5. Exchange
Books purchased on subscription may be returned in exceptional circumstances, however only with the written consent of the publisher and if other books to the value of the goods returned are purchased simultaneously. The postage costs for returning and exchanging goods as well as the customary handling charge will be borne by the customer. Goods returned on the permitted basis of sale or return will only be accepted until the date agreed. The goods returned will only be accepted if they are in perfect and resalable condition. Goods returned without the properly completed return invoice cannot be recognised. Copies which are not in perfect condition and unauthorised returns will be sent back at the customer’s expense and risk.
6. Cancellation
6.1
A contract for regular delivery of unstipulated duration can be cancelled at any time, so long as there is no particularly agreed cancellation period for this subscription.
6.2
All cancellations must be made in writing. Refusal to accept deliveries will not be regarded as cancellation.
6.3
For contracts cancelled with immediate effect the customer is entitled to a partial refund of money paid for goods not received, subject to a possible deduction for expenses occurred.
7. Reservation of proprietary rights
7.1
For all deliveries we reserve the unlimited proprietary rights until the customer has completely fulfilled all payment liabilities.
7.2
In the case of retailers they are allowed to make proper business transactions in reselling the goods. They are fundamentally empowered to collect receivables. For security reasons the retailer cedes all receivables due from his customers to us for the amount of the sum of the invoice value of the goods (extended reservation of proprietary rights).
8. Warranty/liability
8.1
When delivery to subscribers is concerned complaints must be reported in writing without delay to Vincentz Network GmbH & Co. KG; for other complaints / obvious flaws within one month of acceptance of the goods at the latest.
8.2
Within the statutory warranty period it is possible to claim rectification or replacement.
8.3
In as far as we are not prepared or not in a position to rectify or replace the goods or this fails for other reasons, then the customer is entitled to choose either to withdraw from the contract or demand an appropriate reduction of the purchase price (decrease).
8.4
Broader claims by the customer, in particular claims for damages due to belated delivery or no delivery at all, are excluded.
9. Data protection
9.1
Note according to § 33 BDSG (Federal Data Protection Act): Storing and processing customer data is carried out by Vincentz Network, neutral service providers commissioned by us and by companies associated with us, in strict accordance with the federal data protection act.
9.2
The customer agrees to the German Post Office (Deutsche Post AG) supplying Vincentz Network GmbH & Co. KG with the relevant current address if post cannot be delivered to the address previously known to us (§ 4 Postal services data protection regulations).
10. Severability clause
If one provision of these terms of delivery and payment should be null and void that shall not affect the validity of all the other provisions.
11. Concluding regulations
German law applies exclusively.
Place of performance and court of jurisdiction for traders is Hanover and Hamburg.
General Terms and Conditions for Online Products
These terms and conditions apply to all digital databases, applications, information, standard contracts, explanations and other online services (hereafter called online products) which Vincentz Network provides, whether in return for payment or not, and which are used exclusively by means of remote data transmission over the Internet.
The General Terms and Conditions for the delivery of goods (books, loose-leaf editions, supplementary deliveries, tables, brochures, CD-ROMs and DVDs) apply.
Where software is supplied, additional conditions apply in accordance with software-licence conditions.
Preamble
Vincentz Network makes various electronic products available online for its customers. These Terms of Use govern the rights and obligations of the parties regarding access to such contents where and insofar as the provisions of the respective licence agreement between Vincentz Network and the customer do not contain any provisions to the contrary concerning the respective electronic product. The following General Terms and Conditions (Terms of Use) apply exclusively. Any deviating contractual conditions of the customer shall apply only if they have been confirmed by Vincentz Network.
Customer/user:
Customer for the purposes of these Terms of Use is anyone who enters into a contract with Vincentz Network in accordance with the Terms of Use. The customer (as a single-licence holder) is personally entitled to use the product or (as a multi-licence holder) to submit to Vincentz Network the names (first name, surname, email address) of persons (users) to whom entitlement to use the product is to be given. The customer of a multi-user licence can nominate a number of users up to the number corresponding to the number of licences purchased.
1. Conclusion of contract
1.1.
A binding order is placed by the customer when he clicks on “Order now for a fee”. Vincentz Network will acknowledge receipt of the order, usually by email. Acknowledgement of the order by email shall not constitute acceptance of that order.
1.2.
The contract only comes into force if Vincentz Network expressly accepts an order.
1.3.
Customers who are consumers have a statutory right of cancellation. The right of cancellation expires prematurely if the customer expressly agrees to commence performance of the contract and if he acknowledges that, through such agreement, the right of cancellation expires and performance of the contract commences.
2. Cancellation
2.1.
Right to cancel
You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period shall be fourteen days from the date of contract. To exercise your right of cancellation, you must contact us (e.g. by letter, fax or email) to unequivocally inform us of your decision to cancel this contract (see Legal Notice for contact details). To meet the cancellation deadline, it is sufficient to send your notice of cancellation before the cancellation deadline expires.
2.2.
Consequences of cancellation
If you cancel this contract, we will, immediately and at latest within fourteen days of the date on which we receive the notification of your cancellation of this contract with us, refund all payments received from you, including delivery costs (but not additional costs that may be incurred should you choose a method of delivery different from the cheapest standard delivery offered by us). We will make this refund using the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in any event, you will not incur fees arising from this refund.
3. Scope of use
All rights and claims to the contents remain with Vincentz Network, unless they are expressly granted to the customer in the licence agreement.
During the term of the contract, Vincentz Network grants the customer non-exclusive, revocable, non-transferable rights to access the contents and, in accordance with intended use, to filter, display, search or retrieve them for his own purposes. The use of the contents is limited to the scope finalised in the respective licence agreements. In no circumstances may the customer duplicate or distribute the contents, make them publicly accessible, forward them to third parties in any other way and/or process them. In particular, the customer is also prohibited from updating, changing, revising, adapting, modifying, translating or converting the contents or creating derivative works therefrom. The right to use the contents ceases on expiry of the term of the contract.
The customer may not remove, obscure or alter copyright notices, trademarks, logos or trademarks, or other proprietary rights that appear on or in the licensed contents.
4. Access to the contents
The customer receives access to the licensed contents over the term of the contract via an authentication method predetermined by Vincentz Network (e.g., user name, password or IP authentication). Upon conclusion of the licence agreement, Vincentz Network will provide the customer with a set of access data. These access data may be used only by an authorized user and are not transferable to other persons. The access data are limited technically to access by a single license. The customer or the users is/are prohibited from forwarding the access data to third parties.
5. Rights and obligations of Vincentz Network
Vincentz Network reserves the right to analyse the log files in compliance with data protection laws for the purpose of identifying any abuse by the customer and/or third parties.
Vincentz Network may remove parts of the contents of the web pages to which Vincentz Network no longer holds publication rights or in respect of which it has reasonable grounds to believe that they infringe or otherwise breach other legal regulations.
Vincentz Network will make the contents available in the technical manner in which Vincentz Network generally provides such contents to its customers, but at least to a technical standard customary in the market. Vincentz Network will take appropriate and reasonable measures to provide the customer or the authorized users with uninterrupted access to the website and to ensure continuous availability of the contents. However, availability at all times is not expressly guaranteed. In particular, access may be intermittently limited for technical reasons, such as 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 authorized users about the intellectual property rights or other protective rights applicable to the contents and to those forms of use which are prohibited by paragraph 3 of these Terms of Use. The customer shall take all reasonable steps to prevent users or third parties from breaching intellectual property rights or other rights of Vincentz Network to the contents.
6.2.
If the customer becomes aware that access to the contents is being abused by a co-worker or a third party, the customer shall immediately provide Vincentz Network with the details of the abuse and take the necessary steps to prevent a recurrence of the abuse. Where possible, the customer shall block the access authorization of abusive users immediately upon becoming aware of the abuse. To an extent depending on the nature and extent of the abuse, Vincentz Network may, at its discretion, take further action against the abusive authorised users.
7. Payments
7.1.
The customer is obligated to make the agreed payments. Where payment is outstanding, Vincentz Network may, without further notice and at its sole discretion, prevent customer access. Any further claims remain unaffected.
7.2.
Payment, whether by credit card, direct debit, or transfer, is due after invoicing by Vincentz Network. The invoice is payable without deduction on the due date. For subscriptions, the subscription price is due upon receipt of the invoice; where payments are in arrears, late interest at 2 percentage points above the base rate plus the usual bank commission – but not less than 8% from the due date – will be charged, without the requirement for further reminders. Vincentz Network is entitled to limit the payment options for each customer.
7.3.
Vincentz Network may adjust or change the basis for calculating the annually recurring licence fees.
8. Term of contract
8.1.
The duration of the subscription contract is equal to the declared duration stated at completion of contract.
8.2.
The right of both parties to extraordinary cancellation for good cause remains unaffected.
8.3.
Notice of cancellation must be made in writing (letter, fax, email).
8.4.
The duration of contract concerning so-called trial-subscriptions is equal to the stated duration at completion of contract. Once the trail period has expired a shift to the appropriate equivalent charged subscription model takes place.
9. Warranty, liability and indemnification
9.1.
Vincentz Network shall be liable for damage sustained by the customer that has been caused wilfully or is due to gross negligence, is due to the object of performance lacking a warranted characteristic, is based on culpable breach of essential contractual obligations (cardinal obligations), results from mortal injury, physical harm or health damage that has been culpably caused, or for which provision is made under product liability law.
9.2.
Cardinal obligations are contractual obligations which enable due performance of the contract in the first place and which the contractual party can regularly rely on and which, if breached, will jeopardise attainment of the contractual purpose.
9.3.
If a cardinal obligation is breached, liability – insofar as the loss or damage is merely due to slight negligence and does not involve mortal injury, physical harm or health damage – shall be limited to the loss or damage typical of the type of contract, occurrence of which might be anticipated in connection with the provision of services such as those hereunder.
9.4.
In all other respects, liability for whatsoever legal cause – both on the part of Vincentz Network and of its vicarious agents – is excluded.
9.5.
The Customer undertakes to indemnify Vincentz Network and its affiliated companies in respect of such claims and losses which arise from unauthorized use of the licensed contents and which the customer could have prevented by exercising the necessary care in business. The customer agrees to indemnify Vincentz Network insofar against third-party claims.
9.6.
Liability by Vincentz Network shall be excluded in any event insofar as the customer uses the contents beyond the authorised term of the respective licence agreement.
10. Concluding provisions
10.1.
Vincentz Network reserves the right to modify the terms at any time without stating reasons.
10.2.
Vincentz Network may, without prior consent on the part of the customer, assign its rights from the subscription contract wholly or partly, or transfer therefrom its obligations, wholly or partly. The customer is not entitled to transfer rights or obligations under this agreement, wholly or partly, to a third party without the prior consent of Vincentz Network.
10.3.
In the event that any provision of the Terms of Use is found to be invalid, illegal or unenforceable, all other provisions shall remain fully effective.
10.4.
This contract is subject to German law. The exclusive venue of jurisdiction is Hanover.
Situation: June 2017
General Terms and Conditions for Online Products.pdf 256 kB
Software licensing conditions
1. Preamble
These licensing conditions are valid supplementary to the general trading conditions for supplying goods (General terms and Conditions for goods) or the general conditions of trading for online products. By opening the seal the licensing conditions are accepted.
2. Granting of usage rights
With the conclusion of the contract for the supplying of/the download of software (regardless of the storage media) the customer is granted non-transferable and non-exclusive usage rights to the software which is the object of the contract and which are limited to the uses described below. All usage rights not explicitly listed there remain the property of Vincentz Network as the owner of all copyrights and property rights.
3. Scope of usage rights
3.1
On receipt of the software supplied to him the customer acquires the right to use it on any computer of his choosing suitable for such purposes. Furthermore with some products the customer is explicitly granted the right to use an online database. The duration of this usage right depends on the individual software product and the customer will be informed about this at the beginning of the contract and with every succeeding update. Insofar as the usage rights to the software which is the object of the contract are time limited they end after the agreed usage period expires. The usage rights to the online database are determined exclusively by the subscription time for each individual software product and expire simultaneously with it.
3.2
The customer is bound to use the programme for his own personal use only and not to enable third parties to use it whether for a charge or free of charge. The software may only be used by one person on one computer and not on two or more computers simultaneously no matter whether they are being used by the same person or various persons simultaneously.
3.3
The customer is authorised to install the software on one hard disc and to use it and also to make one back-up copy of the original floppy disc or CD-ROM which however may not be used simultaneously with the original version. Where a contract has been made for a network version/ shared licence the customer is authorised to use the software in accordance with the agreement contract at any time from one or more computers with several persons simultaneously.
3.4
The customer is not authorised to produce copies of the software unless these copies are for data security purposes and used solely for that purpose. Furthermore he may not reproduce software components, accompanying illustrations, the handbook, accompanying texts or documentation belonging to the software by means of photocopying or microfilming, electronic storage or by other procedures, nor may he sell or rent the software and/or the documentation belonging with it, nor grant sublicenses to third parties or put these at their disposal in any other way. The customer is not authorised to pass on to third parties transfer admissions and/or passwords for the product or for database access connected with the product. The customer is not authorised to change, modify, adapt or decompile the software and/or the documentation belonging to it whether wholly or partially insofar as this exceeds the restrictions of §§ 69d section 3, 69e of the copyright law. It is also forbidden for the customer to make changes to the programmes or the documentation material concerning copyright notices, trademarks/brand names and/or data on the publisher.
4. Liability
Liability will only be taken for any damage done to the customer’s other software or to data media/data processing equipment caused by the use of software supplied by Vincentz Network if the flaw in the software/data medium supplied has been caused deliberately by or through the gross negligence of a statutory agent or representative and insofar as typically occurring predictable damage is concerned. In contracts with corporate bodies of public institutions or public funds as well as traders – for the latter however only insofar as the contract belongs to running their business – over and beyond the liability limitation defined in the previous sentence liability in the case of gross fault on the part of an agent is excluded insofar as it does not involve fault on the part of leading agents nor have main contractual responsibilities been infringed. Statutory claims to have defects removed or to have subsequent supplies, to cancellation or a reduction – but not for compensation – remain unaffected by the aforementioned regulation Wider claims by the customer, in particular in regard to loss of profit or secondary damages are excluded.
Downloading documents
1. Preamble
The following conditions of trading apply for digital contents, information, template documents and explanations made available for download whether for a charge or free of charge (hereafter called contents).
From the beginning of requesting contents (as a download or per e-mail attachment) a legal contract has been entered into corresponding with the previous notes on usage.
2. Terms of payment
The contract comes into force as soon as the customer pays Vincentz Network by credit card or by electronic direct debit procedure the amount indicated after selecting an online product.
3. Starting credit
Every user can use any starting credit he might have once and for himself only. Unused starting credit expires after the period of validity (90 days after registration) without further notice. Cash disbursement or return of the starting credit are not possible.
4. Copyright
All copyrights, usage rights and other property rights pertaining to the contents remain with Vincentz Network. The user is only authorised to use the content for his own purposes. He is not authorised to make the content available to third parties whether by Internet, intranet or extranet. Reproducing and reselling the content for commercial purposes are definitely excluded.
5. Warranty /liability
The contents are revised and updated regularly. Despite all circumspection and care, when using the contents attention should always be paid to the fact that changing laws or changes in jurisdiction make modification of the contents necessary. A relevant application of the downloaded contents, in the most up-to-date version, is therefore advisable. The user bears sole responsibility for the selection and application of the contents.
Wider claims by the user, in particular in regard to loss of profit or secondary damages, are excluded. This does not apply when the damage is caused intentionally or with gross negligence on our part.
6. Data protection
Note according to § 33 BDSG ( Federal Data Protection Act ): User data will only be stored for internal purposes. Using and processing user data with neutral service providers is carried out in strict accordance with the data protection law. On registering the user expressly declares his agreement to his name and e-mail address being stored for occasional information about updating the contents and about new offers. This agreement can be withdrawn by sending an e-mail, fax or letter, no official form is required.
7. Concluding regulations
German law applies exclusively. Place of performance and court of jurisdiction for traders is Hanover.
Events
1. Cancellation conditions
Cancellation policies are the following: Fees will be refunded in full if notice of cancellation is received up to 4 weeks before the conference. 50% of the fee will be refunded if cancellation is received later, but no later than two weeks before the conference. Delegates who cancel less than two weeks before the conference or fail to attend without notifying the organiser will be liable for the whole conference fee. In all cases postmark shall apply. Substitutions of delegates may be made at any time. Cancellations and changes should be made in writing and will be confirmed by the organiser. Any fee refunded will be paid after the conference.
In case of exceptional circumstances (“for good reasons”) the organizer reserves the right to changes of program or the cancellation of the event. In particular, the organizer is obligated to take such measures entitled, in cases of force majeure, due to official orders, in case of a hazardous situation for life, body or health of the participants. In these cases there is no obligation for the organizer to pay damages and / or reimbursement of expenses to the participants. In particular this applies to any cancellation fees of third parties (e.g. hotel bookings, train or flight tickets).
If a participant can prove that he/she is unable to travel due to travel restrictions, it is possible to convert the physical participation into a digital participation if a digital solution is offered.
The participant agrees to follow the instructions of the organizer and the event location. Contraventions can lead to exclusion from the event.
2. Please note
Photographs and videos of delegates will be taken during the conference and may be used for promotional purposes. Vincentz Network produces a list of delegates for each event which may include the following information: company name, address (street, zip code, city), name and job function of delegate. This list of delegates will be made available for all conference delegates, speakers and possible sponsors of the event, who may use them for promotional purposes. Objection against publication and circulation of this data may be made at any time until 3 weeks prior to the event and has to be made in writing to the organiser.
In the event of an official order, the organizer is entitled to forward personal data to the local health authority in accordance with GDPR.
Online Dispute Resolution
The European Commission is providing an online platform for extrajudicial settlement (Online Dispute Resolution) under ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution process before a consumer arbitration committee.
Situation: February 2017