General Conditions of Trading for the Delivery of Goods
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 Archicoat.
If these conditions are not recognized 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.
For online products, the use of which occurs exclusively as a means of data transmission via the Internet, the General Conditions of Trading for Online Products and downloads apply.
When software is supplied (CD-ROM, DVD, download of applications) the supplementary conditions (software licensing conditions) apply.
Conclusion of contract
The contract comes into being when we accept the order by an explicit confirmation thereof or by sending the goods.
In the case of electronic orders we confirm receipt of orders automatically. This confirmation of receipt is not an acceptance of order as described in point 2.1.
Binding delivery dates must be agreed in writing.
Cancellations of orders can only be considered if we receive them before we have sent the confirmation of order.
For new releases and new editions firm delivery dates cannot be guaranteed. If necessary delivery may be carried out in partial deliveries.
The publishing house’s books are sent the way we consider to be the most cost-effective. Special delivery instructions must be stated unmistakably for every order. In the case of subscribers’ orders through a bookseller, where 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 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.
The invoice is payable without deduction after the due date. For subscribers the subscription price is due on receipt of invoice.
Delivery is carried out for the currently valid gross price (net price plus statutory value added tax).
The publisher reserves the right to change prices between the order and delivery.
The customer is not entitled to withhold payments if he/she has no legal right to do so.
If a direct debit order is not withdrawn within 5 days of the direct debit date then it will be considered authorized.
All deliveries are carried out at the customer’s expense and risk. The actual delivery costs can be seen in the corresponding offer.
Any bank charges will be borne completely by the customer and these are payable immediately. If the credit period is exceeded then all further unpaid invoices and claims due to the publisher are payable with immediate effect regardless of previously agreed delivery dates. 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 recognized. Copies which are not in perfect condition and unauthorized returns will be sent back at the customer’s expense and risk.
A contract for regular delivery of unstipulated duration can be cancelled at any time, so long as there is no particularly agreed cancellation period for this subscription.
All cancellations must be made in writing. Refusal to accept deliveries will not be regarded as cancellation.
For contracts cancelled with immediate effect the customer is entitled to a partial refund of money paid for goods not received, subject to a possible deduction for expenses occurred.
Reservation of proprietary rights
For all deliveries we reserve the unlimited proprietary rights until the customer has completely fulfilled all payment liabilities.
In the case of retailers they are allowed to make proper business transactions in reselling the goods. They are fundamentally empowered to collect receivables. For security reasons the retailer cedes all receivables due from his customers to us for the amount of the sum of the invoice value of the goods (extended reservation of proprietary rights).
When delivery to subscribers is concerned complaints must be reported in writing without delay to Archicoat; for other complaints / obvious flaws within one month of acceptance of the goods at the latest.
Within the statutory warranty period it is possible to claim rectification or replacement.
In as far as we are not prepared or not in a position to rectify or replace the goods or this fails for other reasons, then the customer is entitled to choose either to withdraw from the contract or demand an appropriate reduction of the purchase price (decrease).
Broader claims by the customer, in particular claims for damages due to belated delivery or no delivery at all, are excluded.
Note according to § 33 BDSG (Federal Data Protection Act): Storing and processing customer data is carried out by Archicoat, neutral service providers commissioned by us and by companies associated with us, in strict accordance with the federal data protection act.
The customer agrees to supplying Vincentz Network GmbH & Co. KG with the relevant current address if post cannot be delivered to the address previously known to us (§ 4 Postal services data protection regulations).
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 Estonia.
General Terms and Conditions for online products
These conditions of trading apply for all digital databases, applications, pieces of information, standard contracts, explanations and other online services (hereafter online products) provided by Archicoat, no matter whether free of charge or for a fee, to be used exclusively as a means of remote data transmission via the Internet.
For goods supplied (books, loose-leaf editions, supplementary supplies, tables, brochures, CD-ROMs and DVDs) the general agreements on trade for goods supplied apply (Delivery of goods).
When software is supplied additional conditions apply.
Conclusion of contract /access to online products
The contract comes into force when the customer pays Archicoat Network by credit card or electronic direct debiting procedure the sum indicated on selection of an online product. On conclusion of the contract the customer is granted the non-transferable and non-exclusive usage right to the online products which are the object of the contract. This usage right is restricted in particular as described below under item 6. All usage rights not explicitly listed remain with Archicoat Network as the owner of all copyrights and property rights.
The contract comes into effect when Archicoat receives payment.
The customer’s access to the online products is by means of password-protected remote data transmission via the Internet. The customer is bound to keep his access data and his password secret and protect these from unauthorised use by third parties. The customer must report the loss of access data or password or the unauthorised use of these data immediately to Archicoat. Otherwise in the case of unauthorised use Archicoat is entitled to block access to online products. The customer is liable for any unauthorised use which he must answer for.
Payment should be made net on receipt of invoice. In the case of direct debit the subscription price will debited from the customer’s account.
The prices in the invoice are gross prices (net price plus statutory value added tax).
All prices for online products can in the case of continuing subscriptions be adjusted in line with general price increase rates. Information will be issued to customers on intended price adjustments.
The customer is not entitled to withhold payments in unless he has a legal right to withhold payments.
The contract for online products can be cancelled at any time provided there are no periods of notice of cancellation especially agreed in the subscription. Where the agreed notice of cancellation period for a subscription is adhered to the customer can continue to have access to the online products until the end of the subscription period.
All notices of cancellation must be given in writing. Not using online products does not count as giving notice of cancellation. If notice of cancellation is not received on time the existing subscription will be extended automatically.
Concerning products where notice of cancellation is given with immediate effect the customer is entitled to a partial refund for the amount not taken advantage of minus any costs which might have been incurred.
Copyright / usage rights
All copyrights, usage rights and other property rights pertaining to the online products remain to their respective owners.
The customer purchases the right to access the online products from any computer he chooses which is suitable for this purpose. The duration of this usage right depends on the agreement as stipulated in the contract, the customer will be informed of this at the beginning of the contract and it ends at the latest when the contract expires.
The customer is bound to use the online products for his own personal use only and not to enable third parties to have independent access to the online products whether free or for a charge. Access to the online products may only be obtained from one computer at a time and not from two or more computers simultaneously no matter whether they are being used by the same person or various persons simultaneously.
Where a contract has been made for a shared licence the customer is authorised to access the online products in accordance with the agreement contract at any time from one or more computers with several persons simultaneously.
It is forbidden for the customer to change the copyright notes, labels/trademarks and/or details on ownership of the online products.
The online products are revised and updated regularly with due care. Despite all prudence and care, when using the online products attention should always be paid to the fact that changing laws or changes in jurisdiction make modification of the online products necessary.
Insofar as the customer downloads contents, applications etc. from an online product and saves them, at least temporarily, it is imperative to use the downloaded data relevantly in the current version. The customer bears sole responsibility for the selection and use of online products.
Liability will only be taken for any damage to the customer’s other software or to data media/ data processing equipment caused by the use of online products insofar as typically occurring, predictable damage is concerned and the flaws in the online products responsible for the damage are caused deliberately by or through gross negligence of a statutory agent or representative. 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 – 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.
In order to safeguard his system the customer is obliged to save data at intervals which are adequate for their purpose. In the case of justifiable loss of data/ * justified complaint about loss of data liability is only taken for the effort normally required to restore the data.
Archicoat endeavors 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 Archicoat 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 Estonia.
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.
Terms of payment
The contract comes into force as soon as the customer pays Archicoat 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 to their respective owners. 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.
Concluding regulations German law applies exclusively. Place of performance and court of jurisdiction for traders is Estonia.
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. Archicoat 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
Online Dispute Resolution
The European Commission is providing an online platform for extrajudicial settlement (Online Dispute Resolution) under ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution process before a consumer arbitration committee.
Situation: Februar 2017