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General Terms and Conditions

1. Provider and Contracting Partner

This website is owned and operated by 

DIV Deutscher Industrieverlag

GmbHArnulfstraße 124

80636 Munich,

Germany

Phone: +49 89 203 53 66-0

Fax: +49 89 203 53 66-99

E-mail: info@di-verlag.de

Web: www.di-verlag.de

Registered Office: MunichCommercial

Register: County Court MunichCommercial

Register Number 128031VAT ID: DE 812 959 878

Represented by its managing directors Carsten Augsburger and Jürgen Franke  

 

in conjunction with  

 

Vulkan-Verlag GmbH

Friedrich-Ebert-Straße 55

45127 Essen, Germany

Phone: +49 201 820 02-0

Fax: +49 201 820 02-40

E-mail: info@vulkan-verlag.de

Web: www.vulkan-verlag.de

Registered Office: Essen

Commercial Register: County Court Essen

Commercial Register Number 986VAT ID: DE 811 199 138

Represented by its managing directors Carsten Augsburger and Jürgen Franke  

 

2. Scope, Definitions

The present general terms and conditions ("Terms") will apply to any transaction in relation to any product provided by www.di-verlag.de and www.vulkan-verlag.de.  

This document governs the user's (hereinafter referred to as "You", "Buyer", "Customer", or "User") relationship with DIV Deutscher Industrieverlag GmbH and Vulkan-Verlag GmbH (hereinafter referred to as "Publishers", "Us", or "Our").  

By placing any order for goods and/or services on our websites you agree to be bound by the most current version of the Terms and Conditions as may be updated from time to time. These Terms and Conditions may be changed by us at any time. The current Terms and Conditions can be found at www.di-verlag.de/de/Service/Allgemeine-Geschaeftsbedingungen-2014-11 at all times. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions. The Terms and Conditions were last updated in 11/2014.  

In case of subsequent changes to the Terms, the following shall apply to any existing contract: The publishers will inform the user of any planned changes in due time. The user has the right to disagree to any changes within 4 weeks. The changes to the Terms shall be deemed consented to if the user does not disagree to them within the specified time. When informing the user about planned changes, the publishers will particularly point out the effects of a silent consent. In case the user disagrees to the changes in terms, the publishers are entitled to an extraordinary notice of termination; in case of termination, the publishers will refund any possible payments made in advance proportionally.  

We will repudiate any provisions conflicting with or deviating from these Terms unless expressly agreed to in writing. The following Terms also apply exclusively in case we unreservedly perform services despite having knowledge of provisions conflicting with and/or deviating from the following Terms.  

 

 3. Formation of Contract and Terms of Delivery

 By clicking on the button " Into my shopping basket " on the product detail page, you can add a product to the virtual cart. You may review the content of your cart by clicking on the cart symbol in the top right corner of your browser window at any time. There you may change the quantity or delete the product from the cart. By clicking on the button " Payment " you will start the ordering process. You may sign in with an already existing user account, register a new user account, or order as a guest by entering your data without creating a user account. Afterwards you may chose delivery options and methods of payment and once again review your order. You may return to previous pages at any time and correct your data or cancel the ordering process by closing the browser window. You will only enter into a binding contract when accepting the present Terms by ticking the appropriate check box and clicking on the button "Send Order ".  

You will receive a confirmation e-mailed to the address you entered that your order has been communicated to us. This confirmation does not constitute the publishers' acceptance of your order. A contract will only be formed when the publishers accept the order either expressly or tacitly by delivery of goods or making available the download at the MediaCenter.  

Goods on offer in the online shop usually are in stock and will be delivered within the time specified on the product detail page. In case goods are, despite the status shown on the product detail page, not in stock or 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/as it is published.  

You will receive the goods you ordered from our publishing distributing 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. For logistical reasons, however, there may be partial shipments on different days. You will not be charged for such partial shipments resulting from logistical reasons. Please be informed that we do not ship goods on Sundays or on holidays. Usually, downloads may be downloaded immediately after we have accepted your order.  

 

4. Prices  

Books and journals (print and digital) are subject to legal price-fixing. We do not give any discounts. In reasonable cases, we are allowed to deliver orders against advance payment or cash on delivery only.  

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

Insofar as the buyer sells our products to resellers, the buyer is obliged to bind those resellers to also observe the retail price.  

All prices include the applicable VAT. Applicable delivery charges will be displayed in the order form prior to the submission of your order.

 

5. Order and Delivery  

The goods are being 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 delay in delivery. Damages in transit have to be confirmed by the deliverer within 5 days. In the customer's own interest, damages in transit should be noticed in the presence of the deliverer and reported to as well as 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 original packaging and with invoice within three weeks from the date of 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 1 or 2 working days. In case of advance payment, the goods will be delivered within 1 to 3 workdays after the payment (cf. clause 6).   In case 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. In case the product is permanently out of stock, the publishers will refrain from a notice of acceptance. In this case, no contract will be formed.  

If the product is only temporarily out of stock, the publishers will also immediately notify the buyer of this 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  

Payment is due - with the exception of goods sent on approval - immediately upon formation 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. The customer is to make all payments quoting the customer and invoice numbers as reference. In case of incomplete reference data, the delivery cannot be performed in due time.   The customer's obligation to pay late payment interest does not exclude claims on part of the publisher for further damages caused by the customer's default.  

The customer shall not have the right to offset payment unless the counterclaims have been recognized by declaratory judgement or are undisputed by the publisher and unless they are based on the same contractual relationship.    

 

7. Warranties  

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

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

 

8. Limitation of Liability  

All customers' claims 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 injury to 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 does also 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 in case claims are asserted directly against them. The Provisions of the Produkthaftungsgesetz (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.  

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

 

10. Right to Withdrawal  

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 was 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 his 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 Withdrawal  

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 goods.   To exercise the right of withdrawal, you must inform us (for books/ebooks: Vulkan-Verlag GmbH, Friedrich-Ebert-Straße 55, 45127 Essen, Germany, phone: +49 201 820 02-0, fax: +49 201 820 02-40, e-mail: versandbuchhandlung@vulkan-verlag.de and for journals: Leserservice DIV Deutscher Industrieverlag GmbH, Franz-Horn-Str. 2, 97082 Würzburg, fax: +49 (0) 931 4170-494, e-mail: leserservice@di-verlag.de or Leserservice Vulkan-Verlag GmbH, Franz-Horn-Str. 2, 97082 Würzburg, fax: +49 (0) 931 4170-494, e-mail: leserservice@vulkan-verlag.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).  

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right 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 in any event not later than 14 days from the day on which we are informed about 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 goods back 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 have to bear the direct cost of returning the goods.  

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.  

 

The following shall apply to the contract for goods which were ordered in a single order process but delivered independently:  

Notice of Right of Withdrawal  

Right to Withdrawal  

 

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 last goods. To exercise the right of withdrawal, you must inform us (for books/ebooks: Vulkan-Verlag GmbH, Friedrich-Ebert-Straße 55, 45127 Essen, Germany, phone: +49 201 820 02-0, fax: +49 201 820 02-40, e-mail: versandbuchhandlung@vulkan-verlag.de and for journals: Leserservice DIV Deutscher Industrieverlag GmbH, Franz-Horn-Str. 2, 97082 Würzburg, fax: +49 (0) 931 4170-494, e-mail: leserservice@di-verlag.de or Leserservice Vulkan-Verlag GmbH, Franz-Horn-Str. 2, 97082 Würzburg, fax: +49 (0) 931 4170-494, e-mail: leserservice@vulkan-verlag.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).  

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right 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 in any event not later than 14 days from the day on which we are informed about 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 goods back 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 have to bear the direct cost of returning the goods.  

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.  

 

The following shall apply to contracts for services (membership of portals):

Notice of Right of Withdrawal  

 

Right to Withdrawal  

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, phone: +49 201 820 02-0, fax: +49 201 820 02-40, e-mail: versandbuchhandlung@vulkan-verlag.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).  

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right 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 in any event not later than 14 days from the day on which we are informed about 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. 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 (download):

Notice of Right of Withdrawal  

 

Right to Withdrawal  

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, phone: +49 201 820 02-0, fax: +49 201 820 02-40, e-mail: versandbuchhandlung@vulkan-verlag.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).  

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right 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 in any event not later than 14 days from the day on which we are informed about 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.  

 

The following shall apply to subscriptions:

 Notice of Right of Withdrawal

 

Right to Withdrawal  

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 DIV Deutscher Industrieverlag GmbH, Franz-Horn-Str. 2, 97082 Würzburg, fax: +49 (0) 931 4170-494, e-mail: leserservice@di-verlag.de or Leserservice Vulkan-Verlag GmbH, Franz-Horn-Str. 2, 97082 Würzburg, fax: +49 (0) 931 4170-494, e-mail: leserservice@vulkan-verlag.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right 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 in any event not later than 14 days from the day on which we are informed about 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 goods back 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 have to bear the direct cost of returning the goods.  

You are only liable for any diminished value of the goods resulting from the handling other than 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, phone: +49 201 820 02-0, fax: +49 201 820 02-40, e-mail: versandbuchhandlung@vulkan-verlag.de:  

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following - goods (*)/for the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is notified on paper)

- Date ___ (*) Delete as appropriate.

 

11. Final Provisions  

To the extent permitted by law, i.e., where registered traders and international contracts are concerned, the registered office of the respective publisher exclusively governs the place of jurisdiction. All contractual relationships between the publishers and the customer are governed by the laws of the Federal Republic of Germany, with the exception of the UN Convention on contracts for the International Sale of Goods (CISG). In case of contracts entered into with consumers, this shall not apply to imperative consumer protection rights as applicable in the country where the customer is domiciled or habitually resident.  

If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such a provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect. The invalid or unenforceable provision will be replaced by a provision that is as close as possible in purpose to the invalid or unenforceable provision in a legally effective and enforceable form. The same will also apply in the event of any unintended omissions.  

Please be informed that our website features books and journals on offer from the following publishers:  

DIV Deutscher Industrieverlag GmbH, Arnulfstraße 124, 80636 Munich, Germany  

Managing Directors: Carsten Augsburger, Jürgen Franke  

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

Managing Directors: Carsten Augsburger, Jürgen Franke

As at: November 2014