General Terms and Conditions / Privacy Notice

1. Applicable scope

1.1 The online services of Springer Fachmedien Wiesbaden GmbH provided via the website www.meinfachwissen.de are offered exclusively on the basis of the present General Terms and Conditions. Any deviating terms will not be acknowledged by us unless we have confirmed them in writing.

1.2 In the event the present General Terms and Conditions are amended at a future point in time, we will give notice of any such amendment. If you do not lodge an objection to the content of the amendment within four (4) weeks of receiving our notification, the General Terms and Conditions shall apply as amended. Our notification will include a specific reference to this legal consequence. If you do lodge an objection, we will be entitled to terminate the contract for grave cause.

 

2. Conclusion of contract for goods and services offered

2.1. The presentation of the products on the website does not constitute an offer to enter into a contract; it is an invitation to place orders. After inputting your data, you will have the opportunity to perform a final review of your order, and you may go back if necessary to correct any errors. You may discontinue the ordering process at any time by closing the browser window. You will not have made a binding offer to conclude a contract until you press the button “Order with an obligation to pay”

2.2 We will promptly confirm receipt of your order via email. This will not yet constitute an acceptance of your order, however. A contract will not be deemed concluded until we accept the order – either explicitly, or implicitly by delivering the goods or by activating access. We will not store the text of the contract.

 

3. Delivery and shipping costs

3.1 The goods/services ordered from Springer Fachmedien Wiesbaden GmbH will be delivered to the address you have provided to us. Deliveries will be performed within 30 workdays by the following shippers: Deutsche Post (wrappers and letters), DPD (packages and small parcels) or Spring (shipment to foreign destinations). The associated shipping costs will be shown on the ordering page of the website. The place of performance is our distribution warehouse; if you qualify as a “consumer” (i.e. a natural person concluding the contract for purposes that do not primarily involve commercial activities or a freelance occupation), then the risk will not devolve until the time of handover. In the case of deliveries abroad, you will assume any increase in the shipping costs as well as any additional taxes and customs duties. 

3.2 Insofar as third-party goods/services are offered via the online services of Springer Fachmedien Wiesbaden GmbH, any contracts concluded in this connection will arise exclusively between you and the offeror of the third-party goods/services. Any claims arising from such transactions are to be asserted exclusively against the offeror. All offers will be subject to the price lists and ordering terms of the offeror in the version respectively current at the time the order is placed.

 

4. Payment

Payments will be made against invoice and will be due immediately. Once we receive your order, we will send out an order confirmation with information on shipment and the possible modes of payment.

 

5. Right of revocation

If you qualify as a “consumer” (i.e. a natural person concluding the contract for purposes that do not primarily involve commercial activities or a freelance occupation), you will enjoy a statutory right of revocation under German law.

However, this right of revocation will not apply to contracts for any of the following:

The delivery of sound/video recordings or computer software in a sealed package, insofar as the seal has been broken following delivery;

The delivery of newspapers, magazines or illustrated reviews (applies to individual issues only; subscription contracts will be subject to a right of revocation).

If the contract involves delivery of non-physical digital content, you must consent to the contractual performance beginning prior to the revocation deadline expiring.

a) The following will apply to contracts for goods/services delivered as part of a single shipment

Instructions on the right of revocation

Right of revocation

You have the right to revoke the present contract within fourteen (14) days without having to state cause.

The revocation period will expire fourteen (14) days after you (or a third party designated by you who is not the carrier) has taken the goods into his possession.

In order to exercise your right of revocation, you must inform us (Springer Fachmedien Wiesbaden GmbH, Abraham-Lincoln-Strasse 46, 65189 Wiesbaden, Germany, telephone: +49 (0)611 / 78 78 – 0, fax: +49 (0)611 / 78 78 – 400, www.springerfachmedien-wiesbaden@springer.com) of your intention to revoke the present contract by means of an unequivocal declaration (e.g. a letter transmitted by mail, fax, or email). You may use the attached Template Revocation Form; however, its use is not mandatory.

Your declaration of revocation will be considered timely so long as it is dispatched prior to expiry of the revocation deadline.

Legal consequences of revocation

If you revoke the present contract, we will refund you for all payments we have received from you, including delivery costs (to the exception of any additional costs arising from your request for some other mode of delivery than the most cost-efficient form of standard delivery offered by us); we will effect said refund without undue delay, but in any case within fourteen (14) days of our receipt of your notice of revocation from the present contract. Unless expressly arranged otherwise with you, we will effect the refund using the same means of payment that you used for the original transaction; you will never be charged any fees in connection with said refund. We reserve the right to refuse a refund until the goods have been returned to us or until you can provide proof that you have shipped the goods back to us, whichever occurs first.

You must return-ship or hand the goods back to us without undue delay, but in any case within fourteen (14) days of dispatching your notice of revocation from the present contract. This deadline will be deemed met so long as you dispatch the goods before the fourteen-day period has expired. You will assume all direct costs for return shipment of the goods.

You will be obligated to provide indemnification for any impairment of the goods’ value only if such impairment of value is attributable to your handling of the goods beyond the extent necessary to verify the goods’ condition, characteristics, or functionality.

b) The following will apply to contracts for goods ordered together but delivered separately:

Instructions on the right of revocation

Right of revocation

You have the right to revoke the present contract within fourteen (14) days without having to state cause.

The revocation deadline will expire fourteen (14) days after you (or a third party designated by you who is not a carrier) has taken the goods into his possession.

In order to exercise your right of revocation, you must inform us (Springer Fachmedien Wiesbaden GmbH, Abraham-Lincoln-Strasse 46, 65189 Wiesbaden, Germany, telephone: +49 (0)611 / 78 78 – 0, fax: +49 (0)611 / 78 78 – 400, www.springerfachmedien-wiesbaden@springer.com) of your intention to revoke the present contract by means of an unequivocal declaration (e.g. a letter transmitted by mail, fax, or email). You may use the attached Template Revocation Form; however, its use is not mandatory.

Your declaration of revocation will be considered timely so long as it is dispatched prior to expiry of the revocation deadline.

Legal consequences of revocation

If you revoke the present contract, we will refund you for all payments we have received from you, including delivery costs (to the exception of any additional costs arising from your request for some other mode of delivery than the most cost-efficient form of standard delivery offered by us); we will effect said refund without undue delay, but in any case within fourteen (14) days of our receipt of your notice of revocation from the present contract. Unless expressly arranged otherwise with you, we will effect the refund using the same means of payment that you used for the original transaction; you will never be charged any fees in connection with said refund. We reserve the right to refuse a refund until the goods have been returned to us or until you can provide proof that you have shipped the goods back to us, whichever occurs first.

You must return-ship or hand the goods back to us without undue delay, but in any case within fourteen (14) days of dispatching your notice of revocation from the present contract. This deadline will be deemed met so long as you dispatch the goods before the fourteen-day period has expired. You will assume all direct costs for return shipment of the goods.

You will be obligated to provide indemnification for any impairment of the goods’ value only if such impairment of value is attributable to your handling of the goods beyond the extent necessary to verify the goods’ condition, characteristics, or functionality.

c) The following will apply to print subscriptions:

Instructions on the right of revocation

Right of revocation

You have the right to revoke the present contract within fourteen (14) days without having to state cause.

The revocation deadline will expire fourteen (14) days after you (or a third party designated by you who is not a carrier) has taken the goods into his possession.

In order to exercise your right of revocation, you must inform us (Springer Fachmedien Wiesbaden GmbH, Abraham-Lincoln-Strasse 46, 65189 Wiesbaden, Germany, telephone: +49 (0)611 / 78 78 – 0, fax: +49 (0)611 / 78 78 – 400, www.springerfachmedien-wiesbaden@springer.com) of your intention to revoke the present contract by means of an unequivocal declaration (e.g. a letter transmitted by mail, fax, or email). You may use the attached Template Revocation Form; however, its use is not mandatory.

Your declaration of revocation will be considered timely so long as it is dispatched prior to expiry of the revocation deadline.

Legal consequences of revocation

If you revoke the present contract, we will refund you for all payments we have received from you, including delivery costs (to the exception of any additional costs arising from your request for some other mode of delivery than the most cost-efficient form of standard delivery offered by us); we will effect said refund without undue delay, but in any case within fourteen (14) days of our receipt of your notice of revocation from the present contract. Unless expressly arranged otherwise with you, we will effect the refund using the same means of payment that you used for the original transaction; you will never be charged any fees in connection with said refund. We reserve the right to refuse a refund until the goods have been returned to us or until you can provide proof that you have shipped the goods back to us, whichever occurs first.

You must return-ship or hand the goods back to us without undue delay, but in any case within fourteen (14) days of dispatching your notice of revocation from the present contract. This deadline will be deemed met so long as you dispatch the goods before the fourteen-day period has expired. You will assume all direct costs for return shipment of the goods.

You will be obligated to provide indemnification for any impairment of the goods’ value only if such impairment of value is attributable to your handling of the goods beyond the extent necessary to verify the goods’ condition, characteristics, or functionality.

d) The following will apply to contracts for the delivery of non-physical digital content (e-newspapers and e-books as well as downloads):

Instructions on the right of revocation

Right of revocation

You have the right to revoke the present contract within fourteen (14) days without having to state cause.

The revocation deadline will expire fourteen (14) days after conclusion of the present contract.

In order to exercise your right of revocation, you must inform us (Springer Fachmedien Wiesbaden GmbH, Abraham-Lincoln-Strasse 46, 65189 Wiesbaden, Germany, telephone: +49 (0)611 / 78 78 – 0, fax: +49 (0)611 / 78 78 – 400, www.springerfachmedien-wiesbaden@springer.com) of your intention to revoke the present contract by means of an unequivocal declaration (e.g. a letter transmitted by mail, fax, or email). You may use the attached Template Revocation Form; however, its use is not mandatory.

Your declaration of revocation will be considered timely so long as it is dispatched before expiry of the revocation deadline.

Legal consequences of revocation

If you revoke the present contract, we will refund you for all payments we have received from you, including delivery costs (to the exception of any additional costs arising from your request for some other mode of delivery than the most cost-efficient form of standard delivery offered by us); we will effect said refund without undue delay, but in any case within fourteen (14) days of our receipt of your notice of revocation from the present contract. Unless expressly arranged otherwise with you, we will effect the refund using the same means of payment that you used for the original transaction; you will never be charged any fees in connection with said refund.

e) You may use the following template form for your declaration of revocation (its use is not mandatory, however):

Template Revocation Form

(If you wish to revoke the present contract, please fill out this form and return it to us.)

           To: Springer Fachmedien Wiesbaden GmbH

           Abraham-Lincoln-Strasse 46

           65189 Wiesbaden, Germany

           Tel: +49 (0)611 7878 0, Fax; +49 (0)611 7878 400,

           www.springerfachmedien-wiesbaden@springer.com

:I/we hereby revoke (*) the contract I/we (*) have concluded for the purchase of:

the following goods (*)/the following services (*):

Ordered (*)/received (*) on:

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for declarations written on paper):

Date

___ 

(*) Please strike out whatever is not applicable .

 

6. Availability

We in no way warrant the round-the-clock availability of our websites. It is possible that our websites may be temporarily unavailable, particularly due to maintenance work or technical problems, but this will not entitle you to any claims.

 

7. Liability

We will not be liable for any losses/damage which you may suffer as a result of your reliance on the content and/or information that you receive through your use of the online services of Springer Fachmedien Wiesbaden GmbH unless either of the following applies: The loss/damage in question was culpably caused by the intentional or grossly negligent conduct of the legal representatives or vicarious agents of Springer Fachmedien Wiesbaden GmbH; or a so-called “cardinal obligation” (i.e. a contractual obligation the adherence to which is the basis for proper fulfillment of the contract and on the compliance with which the contractual counterparty may as a general rule rely) has been breached, whereby causation by simple negligence will suffice; In the latter case, our liability will be limited to whatever loss or damage is typical or foreseeable in connection with services such as those forming the subject matter of the present contract. Our liability for injury to life, limb or health, as well as our liability under product liability law, will remain unaffected.

 

8. Severability clause

Should any individual provision of the present General Terms and Conditions be legally invalid, either as a whole or in part, or should it become so invalid at some future date, then this shall not affect the validity of the remaining provisions of the present General Terms and Conditions. In this case, the invalid provision shall be replaced by the corresponding statutory provisions. The same shall apply by analogy insofar as the present General Terms and Conditions are found to contain omissions.

 

PRIVACY NOTICE

Safeguarding data protection and data security is a foundational principle for the online services of Springer Fachmedien Wiesbaden GmbH: Thus, our contents and services are only forwarded to persons who have expressly requested them.

The online services of Springer Fachmedien Wiesbaden GmbH fully comply with the stringent requirements of the Bundesdatenschutzgesetz (BDSG, Federal Data Protection Act)) when it comes to the use of data. The online services of Springer Fachmedien Wiesbaden GmbH are accessible to the general public free of charge.

If you believe you have become the victim of abusive practices in connection with our services, please contact us in writing at: SpringerDE-service[at]springer.com