Terms and Conditions

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 returned 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 delivery or payment conditions even if the publisher does not explicitly object.

1.2 For online products, the use of which occurs exclusively via data transmission over 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 is concluded when we accept the order either by an explicit confirmation or by dispatching the goods.

2.2 In the case of electronic orders, we automatically acknowledge receipt. This confirmation of receipt does not constitute acceptance of the order as described in 2.1.

2.3 Binding delivery dates must be agreed in writing.

2.4 Cancellations of orders can only be considered if received before the confirmation of order is dispatched.

2.5 For new releases and new editions, firm delivery dates cannot be guaranteed. If necessary, delivery may be made in partial shipments.

2.6 The publisher’s books are sent in the most cost‐effective manner as determined by us. Special delivery instructions must be stated unambiguously for every order. In case of subscribers’ orders via a bookseller, if 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 acceptance of the consignment, the recipient is expressly obliged to adhere to the retail price set by the publisher (including any 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 subscriptions, the subscription price is due upon receipt of the invoice.

3.2 Delivery is carried out at the current gross price (net price plus statutory VAT).

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 a legal right of retention exists.

3.5 If a direct debit is not disputed within 5 days of the debit date, it is deemed authorised.

3.6 All deliveries are made at the customer’s expense and risk. The actual delivery costs are stated in the respective offer.

3.7 Bank charges are entirely borne by the customer and are payable immediately. If the payment term is exceeded, all further outstanding invoices and claims become immediately due regardless of previously agreed payment terms. Late payment interest at 2% above the discount rate of the Deutsche Bundesbank plus the usual bank commission – but at least 8% from the due date – will be charged. The publisher reserves the right to refuse further deliveries.

4. Complaints

Complaints can only be considered within one week of receipt of goods and if accompanied by the original invoice and the delivery note or packing slip. Legitimate complaints entitle the customer to replacement (exchange) of the books, rectification or a credit note at the publisher’s discretion. All further claims, particularly claims for damages, are excluded.

5. Exchange

Books purchased on subscription may be returned in exceptional cases, but only with the written consent of the publisher and only if books of equivalent value are simultaneously purchased. The customer bears the postage costs for returning and exchanging the goods as well as the customary handling fee. Returns based on a granted right of return are only accepted until the agreed date. Returns are only accepted if the goods are in perfect and resalable condition. Incomplete return invoices will result in rejection. Goods not in perfect condition or unauthorised returns will be sent back at the customer’s expense and risk.

6. Cancellation

6.1 For contracts for continuous delivery of indefinite duration, cancellation is possible at any time, provided no specific cancellation period has been agreed.

6.2 All cancellations must be made in writing. Refusal to accept deliveries does not constitute cancellation.

6.3 For contracts cancelled with immediate effect, the customer is entitled to a proportional refund of the amount paid for undelivered goods, subject to possible deductions for incurred expenses.

7. Reservation of Proprietary Rights

7.1 We reserve unlimited proprietary rights to the delivered goods until the customer has fully discharged all payment obligations.

7.2 In the case of deliveries to resellers, the reseller is entitled to resell the goods in the ordinary course of business. The reseller is empowered to collect receivables and, for security, assigns to us all receivables against its customers up to the invoice value of the goods (extended reservation of proprietary rights).

8. Warranty, Liability and Indemnification

8.1 Vincentz Network shall be liable only for damages caused intentionally or by gross negligence, for damages resulting from the lack of a warranted characteristic of the performance object, for damages based on a culpable breach of essential contractual obligations (cardinal obligations), or for damages resulting from mortal injury, physical harm or health damage, or for which liability is provided under product liability law.

8.2 Cardinal obligations are those contractual obligations essential for the proper performance of the contract, on which the parties may rely, and whose breach jeopardises the attainment of the contractual purpose.

8.3 If a cardinal obligation is breached, liability – to the extent that the damage is due solely to slight negligence and does not involve mortal injury, physical harm, or health damage – is limited to losses typically anticipated in connection with the provision of the services.

8.4 In all other respects, liability of Vincentz Network and its agents is excluded.

8.5 The customer undertakes to indemnify Vincentz Network and its affiliated companies against any claims and losses arising from unauthorised use of the licensed content that the customer could have prevented by exercising due care. The customer further agrees to hold Vincentz Network harmless against third-party claims.

8.6 Liability of Vincentz Network is excluded if the customer uses the content beyond the scope of the licence granted by the respective licence agreement.

9. Data Protection

9.1 In accordance with § 33 of the Federal Data Protection Act (BDSG), storage and processing of customer data is carried out by Vincentz Network GmbH & Co. KG in strict compliance with data protection regulations, by neutral service providers commissioned by us, and by affiliated companies.

9.2 The customer agrees that the German Post Office (Deutsche Post AG) supplies Vincentz Network GmbH & Co. KG with the current address if delivery to the previously known address is not possible.

10. Severability Clause

If any provision of these delivery and payment terms is found to be invalid, the validity of the remaining provisions shall remain unaffected.

11. Concluding Provisions

German law applies exclusively. The place of performance and the court of jurisdiction for traders is Hanover and Hamburg.

Situation: January 2006

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) provided by Vincentz Network, whether for a fee or free of charge, and whose use occurs exclusively via remote data transmission over the Internet. The General Conditions of Trading for the Delivery of Goods (books, loose‐leaf editions, supplementary deliveries, tables, brochures, CD‐ROMs, and DVDs) apply. In cases where software is supplied, additional conditions apply in accordance with the software licensing conditions.

Preamble

Vincentz Network provides various electronic products online for its customers. These Terms of Use govern the rights and obligations of the parties regarding access to such content, in cases where the respective licence agreement between Vincentz Network and the customer does not contain any provisions to the contrary regarding the respective electronic product. The following Terms of Use apply exclusively. Any deviating contractual conditions of the customer shall only apply if confirmed by Vincentz Network.

Customer/User

For the purposes of these Terms of Use, the customer is anyone who enters into a contract with Vincentz Network in accordance with these Terms of Use. In the case of a single licence, the customer is entitled to use the product personally; in the case of a multi-licence, the customer may provide the names (first name, surname, e-mail address) of the users to be granted access. The customer of a multi-user licence may nominate a number of users up to the number of licences purchased.

1. Conclusion of Contract

1.1 A binding order is placed by the customer when he clicks on the “Order now for a fee” button. Vincentz Network acknowledges receipt of the order, usually by e-mail – such an acknowledgement does not constitute acceptance.

1.2 The contract is concluded only if Vincentz Network expressly accepts an order.

1.3 Consumers have a statutory right of cancellation, which expires prematurely if the customer expressly agrees to commence performance and acknowledges that by such agreement the right of cancellation expires and performance commences.

2. Cancellation

Right of Cancellation: You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of contract. To exercise your right of cancellation, you must inform us unequivocally (e.g., by letter, fax, or e-mail) of your decision to cancel this contract (see Legal Notice for contact details). It is sufficient to send your cancellation notice before the period expires.

Consequences of Cancellation: If you cancel this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from choosing a delivery method other than our cheapest standard option), immediately and at the latest within fourteen days from the day we receive your cancellation notice. The refund will be made using the same method of payment used for the original transaction, unless otherwise agreed; in any case, no fees will be charged.

3. Scope of Use

All rights and claims to the content remain with Vincentz Network unless expressly granted to the customer in the licence agreement. During the term of the contract, Vincentz Network grants the customer a non-exclusive, revocable, non-transferable right to access, view, display, search, or retrieve the content for personal use, limited to the scope defined in the respective licence agreements. Under no circumstances may the customer duplicate, distribute, or make the content publicly accessible, or provide it to third parties in any other way or process it. In particular, the customer is prohibited from updating, altering, revising, adapting, modifying, translating, converting, or creating derivative works from the content. The right to use the content ceases upon expiration of the contract term. The customer may not remove, obscure, or alter copyright notices, trademarks, logos, or other proprietary rights that appear on or within the licensed content.

4. Access to the Content

The customer receives access to the licensed content throughout 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 credentials that may only be used by an authorised user and are not transferable. The access is technically limited to a single licence. The customer or users are prohibited from sharing these credentials with third parties.

5. Rights and Obligations of Vincentz Network

Vincentz Network reserves the right to analyse log files in compliance with data protection laws to detect misuse by the customer or third parties. Vincentz Network may remove parts of the content from its webpages if it no longer holds publication rights or if there is reasonable suspicion of infringement of copyright or other legal provisions. The content is provided in the manner that Vincentz Network generally offers it to its customers, at least to a customary market technical standard. Vincentz Network will take appropriate and reasonable measures to ensure uninterrupted access to the website and continuous availability of the content, but does not guarantee constant availability. Technical reasons such as necessary maintenance or repairs may cause temporary restrictions.

6. Rights and Obligations of the Customer

6.1 In the case of a multi-user licence, the customer shall ensure that all authorised users are informed of the intellectual property rights or other protective rights applicable to the content and the forms of use prohibited under paragraph 3. The customer shall take all reasonable measures to prevent breaches of intellectual property or other rights of Vincentz Network regarding the content.

6.2 If the customer becomes aware of any misuse of access by an employee or third party, the customer must immediately notify Vincentz Network and take appropriate steps to prevent a recurrence. Where possible, the customer shall block the access rights of the abusive user immediately. Depending on the nature and extent of the misuse, Vincentz Network may take further measures at its discretion.

7. Payments

7.1 The customer is obligated to pay the agreed amount. In the event of non-payment, Vincentz Network may, without further notice and at its sole discretion, block access for the customer. Any further claims remain unaffected.

7.2 Payment, whether by credit card, direct debit, or bank transfer, is due upon invoicing by Vincentz Network. The invoice is payable without deduction on the due date. For subscriptions, the subscription fee becomes due upon receipt of the invoice. In the event of delayed payment, 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 further reminder. Vincentz Network reserves the right to limit 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 as stated at the time of contract conclusion.

8.2 The right of both parties to extraordinary cancellation for good cause remains unaffected.

8.3 Cancellations must be made in writing (letter, fax, or e-mail).

8.4 For trial subscriptions, the term is as stated at the time of contract conclusion. After the trial period, the subscription automatically converts to the equivalent paid model.

9. Warranty, Liability and Indemnification

9.1 Vincentz Network shall be liable only for damages caused intentionally or by gross negligence, for damages resulting from the absence of a warranted characteristic of the performance object, for damages based on a culpable breach of essential contractual obligations (cardinal obligations), or for damages resulting from mortal injury, physical harm or health damage, or for which liability is provided under product liability law.

9.2 Cardinal obligations are those obligations essential for the proper execution of the contract, on which the parties may regularly rely, and whose breach endangers the achievement of the contractual purpose.

9.3 In the event of a breach of a cardinal obligation, liability – if the damage is solely due to slight negligence and does not involve mortal injury, physical harm, or health damage – is limited to the loss or damage typically expected in connection with the services provided.

9.4 In all other respects, liability of Vincentz Network and its agents is excluded.

9.5 The customer undertakes to indemnify Vincentz Network and its affiliated companies against any claims and losses arising from unauthorised use of the licensed content, which the customer could have prevented by exercising due care. The customer further agrees to hold Vincentz Network harmless against third-party claims.

9.6 Liability of Vincentz Network is excluded if the customer uses the content beyond the scope of the licence granted by the respective licence agreement.

10. Concluding Provisions

10.1 Vincentz Network reserves the right to modify these terms at any time without stating reasons.

10.2 Vincentz Network may assign its rights or transfer its obligations under the subscription contract wholly or partly without the customer’s prior consent. The customer is not entitled to transfer any rights or obligations under this agreement to a third party without Vincentz Network’s prior consent.

10.3 If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain fully effective.

10.4 This contract is subject to German law. The exclusive place of jurisdiction for traders is Hanover.

Situation: June 2017

Software Licensing Conditions

1. Preamble

These licensing conditions are valid supplementary to the General Conditions of Trading for the Delivery of Goods or the General Terms and Conditions for Online Products as well as for downloads. By opening the seal, the licensing conditions are accepted.

2. Granting of Usage Rights

With the conclusion of the contract for the supply or download of software (regardless of the storage medium), the customer is granted non-transferable and non-exclusive usage rights to the software, limited to the uses described below. All usage rights not expressly granted remain the property of Vincentz Network.

3. Scope of Usage Rights

3.1 Upon receipt of the supplied software, the customer acquires the right to use it on any computer suitable for such purposes. Furthermore, for some products, the customer is expressly granted the right to use an online database. If the usage right is time-limited, it expires after the agreed period. The usage right for the online database is determined solely by the subscription period for the respective software product and expires simultaneously.

3.2 The customer is obliged to use the software solely for personal purposes and not to make it available to third parties, whether free of charge or for payment.

3.3 The customer is authorised to install the software on one hard disk and to use it, and to make one backup copy of the original floppy disk or CD-ROM, which may not be used simultaneously with the original version. In the event of a network or multi-user licence, the customer is authorised to use the software from one or more computers by multiple users in accordance with the contractual agreement.

3.4 The customer is not authorised to produce copies of the software unless solely for data backup purposes. Furthermore, the customer may not reproduce any software components, accompanying illustrations, the manual, or documentation by photocopying, microfilming, electronic storage, or other means, nor distribute, rent, grant sublicenses for, or otherwise make the software and its documentation available to third parties. The customer is also not authorised to share transfer authorisations or passwords for the product or related database access. The customer may not alter, modify, adapt, or decompile the software and/or its documentation beyond the limits of §§ 69d(3) and 69e of the Copyright Act. Alteration of copyright notices, trademarks, or other proprietary markings is also prohibited.

Situation: January 2005

Downloading Documents

1. Preamble

The following trading conditions apply to digital content, information, template documents and explanations made available for download (hereafter called “content”). By initiating a download or receiving the content as an email attachment, a contractual obligation is formed in accordance with the usage notes.

2. Terms of Payment

The contract is concluded when the customer pays the amount indicated after selecting an online product by credit card or electronic direct debit to Vincentz Network.

3. Starting Credit

Every user may use any available starting credit only once for themselves. Unused starting credit expires 90 days after registration without further notice. Cash disbursement or offsetting of starting credit is not possible.

4. Copyright

All copyrights, usage rights, and other proprietary rights regarding the content remain with Vincentz Network. The user is authorised only to use the content for personal purposes. The content must not be made available to third parties via the Internet, intranet, or extranet. Commercial reproduction or resale of the content is expressly excluded.

5. Warranty / Liability

The content is regularly updated. Despite due care, changes in the law or case law may necessitate modifications of the content. It is therefore advisable to use the most current version of the content. The user assumes sole responsibility for the selection and use of the content. Further claims by the user, particularly for loss of profit or secondary damages, are excluded unless the damage is caused intentionally or with gross negligence on our part.

6. Data Protection

In accordance with § 33 of the Federal Data Protection Act (BDSG), user data is stored solely for internal purposes. By registering, the user expressly consents to having their name and e-mail address stored for occasional information about updates to the content and new offers. This consent may be withdrawn at any time by contacting us.

7. Concluding Regulations

German law applies exclusively. The place of performance and the court of jurisdiction for traders is Hanover and Hamburg.

Situation: January 2005

Events

1. Cancellation Conditions

Cancellation policies are as follows: If a cancellation notice is received up to four weeks before the event, a full refund is issued. If cancellation is received later, but no later than two weeks before the event, 50% of the fee is refunded. If cancellation is received less than two weeks before the event or if the participant fails to attend without notifying, the full event fee is payable. The postmark date shall apply in all cases. Replacements of participants may be made at any time. Cancellations and changes must be submitted in writing and will be confirmed by the organiser. Any refund will be processed after the event.

In exceptional circumstances (“for good reasons”), the organiser reserves the right to change the programme or cancel the event. In particular, the organiser is entitled to take such measures in cases of force majeure, due to official orders, or if there is a risk to the life, body, or health of the participants. In such cases, the organiser is not obliged to pay damages or reimburse expenses, including cancellation fees of third parties (e.g. hotel bookings, train or flight tickets).

2. Please Note

Photographs and videos of participants will be taken during the event and may be used for promotional purposes. Vincentz Network produces a delegate list for each event, which may include the company name, address (street, postal code, city), and the name and job function of the participant. This delegate list will be made available to all event participants, speakers, and potential sponsors who wish to use it for promotional purposes. Objections to the publication and distribution of this data may be submitted in writing at any time up to three weeks before the event.

In the event of an official order, the organiser is entitled to forward personal data to the local health authority in accordance with GDPR.

Situation: February 2021

Online Dispute Resolution

The European Commission provides an online platform for extrajudicial dispute resolution (Online Dispute Resolution) at http://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