Terms and Conditions
Wednesday, 15 February 2012
- Terms and Conditions: Delivery of Goods
- Terms and Conditions: Online Products
- Terms and Conditions: Software Licensing
- Terms and Conditions: Downloads
- Terms and Conditions: Events
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.
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.
Furthermore the publisher is entitled to refuse further deliveries.
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.
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.
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.
German law applies exclusively.
Place of performance and court of jurisdiction for traders is Hanover and Hamburg.
General Terms and Conditions for online products
Vincentz Network endeavours to permit permanent access to the online products, that means 24 hours a day, 365 days a year. However availability at all times is not explicitly guaranteed. For technical reasons in particular, for instance necessary maintenance or repair work, access can be temporarily restricted.
Note according to § 33 BDSG ( Federal Data Protection Act): Storing and processing customer data is carried out by Vincentz Network and neutral service providers commissioned by us in strict accordance with the federal data protection act. Customer data are stored in the form of names and addresses of place of residence or business.
German law applies exclusively.
Place of performance and court of jurisdiction for traders is Hanover.
Software licensing conditions
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.
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.
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.
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.
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.
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.
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.
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.
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.
The organiser reserves the right to change the programme content or to cancel the event due to important reasons. Cancellation fees of third parties that may appear in this context will not be reimbursed.
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.
Situation: February 2012