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General Terms and Conditions

The German version shall be valid. The General Terms and Conditions, statutory withdrawal policy and mandatory details of Felix Meiner Verlag GmbH, Hamburg, pursuant to the Distance Selling Act.

Provider:

Felix Meiner Verlag GmbH
Richardstraße 47
D-22081 Hamburg
Germany
www.meiner.de
E-Mail: info@meiner.de

Magistrates Court: Hamburg
Commercial Register: AG Hamburg HRB 13882
VAT - USt.-Id.-Nr.: DE 118620056
Executive Director: Johann Meiner

Tel.: +49 (40) 298756-41
Fax: +49 (40) 298756-20
E-Mail: vertrieb@meiner.de

 

1. Scope of application

The business relationship between Felix Meiner Verlag GmbH and the purchaser shall be subject to the following General Terms and Conditions in the version applicable at the time of placing the order. Deviating or supplementary conditions of the purchaser shall not form part of the contract, unless Felix Meiner Verlag GmbH agrees in writing to their validity.

2. Conclusion of the contract

(1) The online presentation of the range shall not constitute a binding contractual offer. When the customer sends an order to the publishing house, this shall represent a binding offer. The publisher shall reserve the right to decide freely whether to accept this offer. If the online information on the range was incorrect or there is a minimum order quantity, the customer shall be presented with a counter offer, which the customer can decide freely whether to accept. The purchase contract shall come into being when the publishing house ships the goods that have been ordered, and the purchaser receives the goods. If the publishing house does not accept the customer's offer, this shall be communicated without delay.

(2) If the work ordered is not published, the order shall be reserved. For of works which are already out-of-print, the customer can choose to cancel the order, or to register for a potential reprint or potential new edition. In any case, the customer shall be informed immediately about the unavailability of the product. Deposits shall be returned immediately in the case of non-availability.

3. Right of withdrawal

(1) Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a transaction for a purpose which cannot be attributed to either their commercial or professional capacity (§ 13 German Civil Code).

(2) WITHDRAWAL POLICY FOR ORDERS OF PRINTED BOOKS AND OTHER PHYSICAL GOODS

(a) Right of withdrawal

You have the right to withdraw from this contract during the withdrawal period without giving a reason.

The withdrawal period comprises fourteen days from the day on which you, or a third party designated by you, other than the carrier, take(s) possession of the goods.

To exercise your right of withdrawal you must inform us

Felix Meiner Verlag GmbH
Richardstraße 47
D-22081 Hamburg
Germany
Tel.: +49 (40) 298756-41
Fax: +49 (40) 29936-20
E-Mail: vertrieb@meiner.de

that you have decided to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, email or fax). For this purpose, you can use the attached withdrawal form, although this is not mandatory.

In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired.

(b) Consequences of withdrawal

If you choose to withdraw from this contract, we shall refund all payments we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this contract. The repayment shall be made using the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees for this repayment.

We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier.

You must send back or hand over the goods to us without delay, no later than fourteen days from the day on which you notified us about withdrawing from this contract. The deadline shall be deemed to have been observed if you send the items before the fourteen-day deadline has expired. You shall bear the direct costs of returning the goods.

You shall only be liable for any potential reduction in value of the items if this reduction in value is due to handling on your part which was not necessary for testing the quality, characteristics, and functioning of the items.

END OF STATUTORY WITHDRAWAL POLICY

(1) The right of withdrawal shall not apply to goods which are not prefabricated and the production of which requires an individual choice or decision by the consumer, or which are clearly tailored to the personal needs of the consumer.

(4) Furthermore, a right of withdrawal shall not apply to deliveries of audio or video recordings (e.g. CDs, music or video cassettes) or to computer software delivered in a sealed package in the event that the seal has been removed subsequent to delivery.

(5) A right of withdrawal also shall not apply to contracts for the delivery of newspapers, periodicals, or magazines with the exception of subscription contracts.

4. Special provisions for eBooks

(1) eBooks from Felix Meiner Verlag GmbH are sold by Felix Meiner Verlag GmbH itself as well as through third-party providers who are linked on the online shop page for the eBook title in question. The present General Terms and Conditions, in addition to the withdrawal policy, shall not apply to the purchase of eBooks via third-party providers; in this case, exclusively the terms of the third-party provider in question apply.

(2) Felix Meiner Verlag GmbH does not offer end users a complete download of the purchased eBooks, but rather the option of reading the eBook via the online shop website on an Internet browser. Downloadable versions of the eBooks are sold exclusively by third-party providers.

(3) Felix Meiner Verlag GmbH shall not make available any ownership of the eBooks. The customer purchases a simple, non-transferable right to use the eBook for personal use, which can be revoked prior to payment of the license fee.

(4) The content of the eBook may not be changed or processed in terms of content or otherwise, subject to mandatory statutory regulations.

(5) The use of the eBook is restricted to the extent permitted by law. In particular, the customer may not make the eBook publicly available, or offer it as a download, whether in exchange for a fee or not, nor sell the eBook on or use it commercially in any other way.

(6) Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a transaction for a purpose which cannot be attributed to either their commercial or professional capacity (§ 13 German Civil Code).

(7) WITHDRAWAL POLICY FOR THE ORDERING OF eBooks

(a) Right of withdrawal

You have the right to withdraw from this contract within fourteen days without specifying any reasons.

The withdrawal period is fourteen days from the date of the conclusion of the contract.

To exercise your right of withdrawal you must inform us,

Felix Meiner Verlag GmbH
Richardstraße 47
D-22081 Hamburg
Germany
Tel.: +49 (40) 298756-41
Fax: +49 (40) 29936-20
E-Mail: vertrieb@meiner.de

that you have decided to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, email or fax).

In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired.

(b) Consequences of withdrawal

If you choose to withdraw from this contract, we shall refund all payments we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this contract. The repayment shall be made using the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees for this repayment.

END OF STATUTORY WITHDRAWAL POLICY

Important notice regarding withdrawal and eBooks:

(8) For a contract for the delivery of digital items not located on a physical data medium (e.g. eBooks), the right of withdrawal shall expire once Felix  Meiner Verlag GmbH has started to implement the contract and after the customer has expressly agreed to the implementation of the contract, ahead of the expiry of the period of withdrawal, and the customer has confirmed that he or she is aware that his or her approval to commence implementation incurs the loss of his or her right of withdrawal.

5. Prices, maturity and payment methods

The prices are, unless otherwise stated, bound retail prices (final prices) in euros including VAT. They are valid for deliveries within Germany and abroad. The purchase price shall be payable without deduction within 30 days after issuance of the invoice. The customer can pay by bank transfer, credit card, on account, with SEPA direct debit or via Paypal. Please understand that, for orders from abroad, we reserve the right only to accept payment on account with an advance payment. Final customers are only invoiced for the shipping costs actually incurred.

6. Assignment, offsetting and pledging ban

(1) The assignment of rights from contracts pertaining to online goods delivery and the transfer of these contracts in general by the customer shall require the prior written consent of Felix Meiner Verlag GmbH.

(2) Offsetting or pledging on the part of the customer against claims of Felix Meiner Verlag GmbH arising from these contracts or related non-contractual claims shall only be permissible only if the counterclaim which is due is legally established or undisputed.

7. Termination

(1) In principle, magazine subscriptions can be terminated at the end of each 6-week period to the end of the year. Trial subscriptions can be terminated at any time during each test phase, at the latest after receipt of the final issue, otherwise the customer will be added to the list for the regular annual subscription. In addition, the terms and conditions that shall apply to magazine subscriptions are those detailed under the masthead of the magazine in question.

(2) Terminations must be sent to the publishing house in writing, for example, by letter, fax or email to the following address:

Felix Meiner Verlag GmbH
Richardstraße 47
D-22081 Hamburg
Germany
Tel.: +49 (40) 298756-41
Fax: +49 (40) 29936-20
E-Mail: vertrieb@meiner.de

8. Retention of title

Felix Meiner Verlag GmbH maintains ownership of all goods delivered by Felix Meiner Verlag GmbH to a customer until the goods delivered have been paid for, finally and in full. If the publishing house exchanges an item under its warranty, it is agreed at this stage that the ownership of the item that is exchanged transfers from the customer to the publishing house, or vice versa, at the point in time at which the publishing house receives the item that has been shipped by the customer, or the customer receives the replacement delivery from the publishing house.

With regard to digital content, the awarding of the usage licence is subject to the complete settlement of all claims existing against the customer that have arisen from the order.

9. Data protection

For the execution of the order, the publishing house requires personal information from its customers such as address, email address, phone number and data on the payment method. The data and the text of the contract and the order will be stored in a secure database, accessible only by a very restricted internal group of people. The data which are stored can be emailed at any time to the customer upon request, along with the General Terms and Conditions. All personal data will be kept strictly confidential and not disclosed to third parties. The customer explicitly agrees to the collection, processing and use of data received in connection with the business relationship.

10. Liability

(1) The publisher is liable for intent and gross negligence, regardless of the legal basis of liability, as well as for a lack of warranty information. This does not apply in the event of gross negligence on the part of one of the vicarious agents of Felix Meiner Verlag GmbH who is not one of the publishing house's managers; in the event of this, the liability of the publishing house is limited to typically foreseeable damage, provided that the damage in question does not arise from injury to life, limb or health.

(2) In the event of simple negligence, the liability of the publisher for breach of contractual obligations is limited to typically foreseeable damage, unless the damage in question arises from injury to life, limb or health. Moreover, the liability of the publisher is excluded for simple negligence.

11. Other provisions

(1) The customer shall inform Felix Meiner Verlag GmbH without delay of changes and additions which impact the rendering of services (e.g. relocation, change of email address) and the contractual relationship (change of name) via email to the address vertrieb@meiner.de or via fax to +49 (40) 29936-20.

(2) German law, excluding the UN Sales Convention, shall apply to all legal relationships between the contractual parties.

 (3) The place of performance is Hamburg. Hamburg is the exclusive jurisdiction for legal disputes with merchants, legal persons under public law or public special assets from contracts.

(4) Online dispute resolution pursuant to art. 14 chapter 1 of the ODR Regulation: the European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/ from 15/02/2016. Our email address is: info@meiner.de. We are obliged by law to inform you that the consumer arbitration body responsible for you is the General Consumer Arbitration Board of the Centre for Mediation e. V., Straßburger Straße 8, 77694 Kehl am Rhein, (www.verbraucher-schlichter.de). At the same time, we would also like to point out that we are not willing to participate in the dispute resolution procedures of this consumer arbitration board.


Last update: 29.03.2017