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General Terms of Business Online Shop Mittler Report Verlag GmbH

Status: 01 March 2015

1. General

1.1.    These Terms of Business (further on referred to as „TB“) constitute the basis for all supplies and services of Mittler Report Verlag GmbH, Baunscheidtstraße 11, 53113 Bonn, Germany, registered in the Trade Register of the Bonn District Court as HRB 16658 and represented by the company’s managing directors Dr. Peter Boßdorf, Thomas Bantle and Peter Tamm, V.A.T. number DE 811 223 089, phone number (02 28) 35 00 870, telefax (02 28) 35 00 871, email info@mittler-report.de to customers as part of sales via the Online Shop accessible at www.mittler-report-shop.de, no matter if you are an end user, entrepreneur or salesperson.

1.2.    Predominantly and if applicable the conditions mentioned in the order confirmations are to be applied as well as these TB.

1.3.    Different terms of business from customers are invalid except if other written agreements are in place. This also applies if we do not explicitly contradict any terms of business that are different from these.

1.4    These TB are available in German and English. In case of differences between the German and English versions or in other cases of doubt, the German version applies.

2. Accomplishment of the Contract   

2.1.    The presentations of articles in our Online Shop merely constitute a non-binding invitation to the customers to order items from our Online Shop. Errors remain excepted. A purchase contract is only accomplished if we accept the customer’s offer according to subparagraph 2.4.

2.2.    Subsequent to the selection of the desired article(s) (click on the „shopping basket“ key followed by a click on the „checkout“ key) and submission of the data relevant for the generation of a customer account in the scope of the order process (above all the name, email address, invoice- and delivery address) the customer submits a binding offer to us if he/she concludes the ordering procedure by clicking the boxes

“I have taken notice of my right of withdrawal”,   

“I have taken notice of your General Terms of Business and Delivery and agree to their application”

as well as clicking the box “chargeable order”.   

2.3.    Prior to the conclusion of an order process the customer is presented a summary/survey of the contents of his/her order (selected goods) and the charges to be applied (total price including V.A.T. and shipping costs). Here, the customer can again verify and - if applicable (in case of wrong inputs) - change or correct his/her entries.

2.4.    After conclusion of the order process the customer is immediately sent an email message with his/her order confirmation. Such email message does not yet constitute binding acceptance of the order, unless this is explicitly confirmed in addition to confirming the receipt of the order. A contract is only accomplished if we confirm the order by a dedicated confirmation of acceptance or supply of the article(s) ordered.

2.5.     Contract language is German, Translation into other languages are not legally binding.

3. Prices, Shipping Costs   

3.1.    All prices are final prices. In particular, the prices include legally mandatory value added tax(es), if applicable. Shipping costs are charged separately.   

3.2.    The shipping costs are published in our Online Shop. The price including turnover tax and shipping costs is also subject to the order survey that the customer is presented prior to completing the order process.

3.3.    Depending on the respective weight the shipping costs hereunder apply for print versions of brochures and CD-ROMs:   

Total weight of the consignment ordered incl. packaging:     
* 500 grams and lighter:  €2.20    
* 501 to 1000 grams:€2.90     
* more than 1000 grams: €3.90

At order values in excess of €75.00 no shipping costs are charged.

3.4.    In case of the subscription to periodicals or other recurring services the customer is informed about the total charges applicable for the respective accounting term.

3.5.    In the case of subscriptions to magazines, supplementary supplies or other recurring services we reserve the right of raising the prices after receipt of the order, in which case the customer may take advantage of a non-recurring special right of cancellation within one month from receipt of our notification of the price increase.

3.6.    If the customer is a consumer and withdraws from his/her order effectively according to subparagraph 6, the customer can - in the scope of the legal framework - claim the reimbursement of costs already paid for the shipment of the article(s) to the customer (delivery costs). The direct costs for the return of the consignment have to be borne by the customer.

4. Payment Conditions and Compensation   

4.1.    Payment related to the individual product groups has to be executed as specified hereunder:

4.1.1.    For magazine subscriptions (print version) or other recurring services, single copies of magazines (print version), brochures (print version) as well as CD-ROMs within 14 days after receipt of the invoice.    

4.1.2.    For single copies of magazines (print version), brochures (print versions) as well as CD-ROMs within 14 days after receipt of the good(s).

4.1.3.    In case of download orders of brochures and/or magazines from the Internet advance payment via the PayPal online payment service or by credit card in accordance with the credit card institutions offered in the Shop.   

4.1.4.    In case of download orders of brochures and/or magazines from the Internet and printed copies of brochures and/or magazines and/or CD-ROMs in parallel advance payment via the PayPal online payment service or by credit card in accordance with the credit card institutions offered in the Shop.

4.2.    The account is only considered balanced if the payment has been credited to the publishing house’s account(s).

4.3.    The customer can only hold back payment and compensate his/her claims against our own claims if his/her claims or rights of retention have been legally confirmed, acknowledged by us, or if the counter-claim can be related with the invoiced goods. Legal enforcement of rejected claims is at the customer’s discretion.

4.4.    If a customer delays the payment, the publishing house or a service provider acting on behalf of the publishing house is entitled to charge default interest in the height of 5% above the basic annual interest rate offered by the European Central Bank. If the customer acts as an entrepreneur, salesperson or legal person according to public law the default interest rate is 9% above the basic annual interest rate offered by the European Central Bank. In case that higher damage is caused by the delay, the publishing house or a service provider acting on behalf of the publishing house is entitled to enforce its claim.

5. Delivery

5.1.    Following advanced payment via the PayPal online payment system or credit card digital products are immediately available for download.   

5.2.    If print versions of publications as well as CD-ROMs are in stock, deliveries within Germany are carried out within 10 working days (Monday to Friday) from the date of order. Within the EU deliveries are carried out within 15 working days. If a title is not available the customer is informed accordingly. In case that the copy or subscription has already been paid for, the customer is immediately reimbursed.    

5.3.    Personal collection is excluded.

6. Right of Withdrawal    

You have the right to withdraw from this contract within 14 days and without explanation.
The withdrawal period is 14 days from the day when you or a third person named by you that is not the carrier have/has taken the articles in possession.

To execute your right of withdrawal you have to notify us

Mittler Report Verlag GmbH
Baunscheidtstraße 11
53113 Bonn, Germany
Phone +49 228-3500870
Fax +49 228-3500871
info@mittler-report.de

by means of an unambiguous statement (e.g. a letter sent by mail, telefax or email) about your decision to withdraw from the contract. To do so, you may use the attached withdrawal form which, however, is not mandatory.
To comply with the withdrawal period we have to be notified of your intention to withdraw before the withdrawal period expires.

Consequences of Withdrawal

If you execute your right of withdrawal we are obliged to reimburse you for all payments including shipping costs (but excluding additional costs that may have resulted from your selection of another than the most economic way of shipping as suggested by us) without delay and within 14 days from the day that the notification of your withdrawal is received. To reimburse you we use the same payment mode that you used for the payment, unless another payment mode is agreed upon by both parties. You will not be charged any surcharges for the reimbursement. We can hold the reimbursement payment back until the article(s) has/have been received by us or until you have provided proof that you have returned the articles, depending on which of both is the earlier point in time.

You are obliged to return the article(s) to us without delay and within 14 days from the day that you notify us about your withdrawal. The withdrawal terms are complied with if the consignment is dispatched within the 14 days period.

The costs for the return shipment are to be borne by you.

A decrease of the article’s/articles‘ value has only to be compensated for by you if the loss of value is caused by handling unnecessary for the inspection of the condition, characteristics and function of the article(s).

Withdrawal Form (Sample)

(If you want to execute your right of withdrawal, please complete and return this form)

END OF CANCELLATION POLICY

6.2.    According to § 312 g Subparagraph 2 Nr. 1 BGB (German Civil Code) the right of withdrawal (unless another one has been determined) does not apply for distnace contracts for the delivery of articles which have been manufactured according to customer specifications or have unambiguously been designed to respond to personal requirements, or which are not suitable for return shipment due to their nature.

6.3.    In particular, according to § 312 g Subparagraph 2 Nr. 7 BGB (German Civil Code) is excluded for newspapers, periodicals, magazines (unless ordered in the sciopa of a subscription) as well as according to § 312 g Subparagraph 2 Nr. 6 BGB (German Civil Code) for audio- or video recordings or computer software in a sealed package if the sealed has been broken following delivery.

7. Claims for Defects and Liability   

7.1.    Legal warranty rights apply for our products. Warranty is executed according to legal provision.

7.2.    Only in the case of culpability we are liable for the compensation of defects. No matter the legal cause claims for defects from the customer are excluded if based on only light negligence by us. This does not apply in case of an offence to a contractual obligation that is essential for the achievement of the contract’s objective. A contractual obligation exists if an obligation is offended, the implementation of which has and could be assumed by the customer.

7.3.    Our liability for the offence to an obligation essential for the contract is limited to that volume of the defect, the becoming of which had to be typically considered as a result from visible circumstances at the time that the contract was concluded.

7.4.    According to the Product Liability Law compensation claims for the violation of life, body or health or because of a warranty acceptance as well as compensation claims resulting from our reckless or deliberate behaviour remain unaffected.

8. Reservation of Ownership   

8.1.    The article(s) delivered remain the property of Mittler Report Verlag GmbH until the account has been fully balanced by the customer(s).

9. Term and Cancellation of Subscriptions to Periodicals or other Recurring Services   

9.1.    Unless different cancellation periods are published on the website’s order section or in the respective order confirmation the terms hereunder apply:

9.1.1.    Subscriptions to periodicals or other recurring services with a subscription term of at least one year and automatic prolongation for another year can be cancelled with a deadline of six weeks prior to the end of the subscription or prolongation term.

9.2.    Termination with immediate for cause effect remains unaffected.

9.3.    As a rule, cancellations have to be in writing.

10. Data Protection   

10.1.    During acquisition, contract conclusion, execution and reverse transaction of a purchase contract we collect, save, process and forward data in the scope of the legal framework. All personal data are subject to confidential treatment. Additional information about the nature, volume, place and purpose of the evaluation, processing, use and forwarding for the execution of orders, registration for email message services, etc. are considered as part of our data protection declaration at www.mittler-report.de.

10.2.    The customer knows and explicitly agrees that we and the logistic service provider acting on our behalf forward personal data to third parties in connection with the contract conclusion and execution as specified in our data protection declaration and considering the principles of data reduction and data economy.

10.3.    With effect to the future the customer has the right to withdraw from his/her declaration of agreement entirely or in part at any time by email or using any other means of communication.

10.4.    Besides, the provisions of our Data Protection Notification apply.

11. Place of Jurisdiction   

If the customer acts as a company, businessman, legal person according to public law or special fund under public law, Bonn is to be considered the exclusive place of jurisdiction for all legal disputes arising from this contract.   

12. Final Provisions   

12.1.    Only German law applies, with the exception of the determinations of international civil law and UN sale of goods law. To the consumer this selection of law only applies to the extent that it does not confine the mandatory legal provisions of his/her country of residence or permanent stay.

12.2.    Should these TB - entirely or in part - not apply to the contract or are invalid, the contract for the rest remains in effect.

Mittler Report Verlag GmbH
Baunscheidtstraße 11
53113 Bonn, Germany
Phone: +49 228 3500870
Fax: +49 228 3500871
Email: info@mittler-report.de
Internet: www.mittler-report.de; www.mittler-report-shop.de
Location of the company: Bonn
Register Court: District Court of Bonn
Register Number: HRB 18658
Managing Directors: Thomas Bantle, Dr. Peter Boßdorf, Peter Tamm
V.A.T. Nr.: DE 811 223 089

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