Terms Subscriptions

Terms and Conditions for Subscriptions

General Terms and Conditions (T&C) for subscription agreements with BVA Bielefelder Verlag GmbH & Co. KG

Valid as of 15-5-2011

 

§ 1

Parties to the agreement

The following contractual conditions apply for magazine subscription agreements between BVA Bielefelder Verlag GmbH & Co. KG Niederwall 53 33602 Bielefeld HRB 7025 AG Bielefeld USt-ID: DE124004626, represented by directors Paul von Schubert and Gerd Franz, and the Customer named in section 2, paragraph 2, referred to hereafter as "Customer."

§ 2

Applicability, applicable terms

(1) For contracts concluded between the publisher and the Customer, the following general terms and conditions shall apply exclusively in the version valid when the order is placed. No other conditions of the Customer which deviate from this agreement shall be recognized without the express written consent of the publisher.

 (2) The Customer is considered a consumer to the extent that the purpose of the delivered orders cannot be claimed as a business expense in connection with his work for a company or as an independent contractor. An entrepreneur is any natural or legal person or legally responsible partnership engaged in a professional or business activity at the time the contract is concluded.

§ 3

Conclusion of the Contract

(1) The publisher makes no binding contractual offer through the presentation of individual magazines on the web pages of www.bva-bielefeld.de, other pages of Bielefelder Verlag and www.bva-media.de. The Customer may submit an electronic, written, or telephonic request to the publisher for a binding request to conclude a subscription contract. The publisher reserves the right to freely decide whether to accept the request.

(2) By clicking on the menu item “Product catalogue,” the Customer lands on a web page offering access to the subscription page of the corresponding magazine with an online order form (“Subscribe”). The Customer shall fill in the order form with his address information.

Between the order form and the “Subscribe” button, the Customer can see clearly visible references enabling access to these contractual conditions, including the cancellation policy. By clicking the “Subscribe” button the Customer confirms acceptance of these contractual conditions applying to his request. The ordering process can only be continued once the Customer checks the box next to the line that reads, “I have read and accept the general terms and conditions”. In doing so, the Customer accepts these general terms and conditions and makes them a component of his request. The Customer has the opportunity to print these contractual conditions prior to submitting his binding request.

(3) All of the information the Customer entered in the order form is displayed in a confirmation window once the “Order” button is pushed. The Customer has the opportunity to correct information displayed in the confirmation window. Once the Customer presses the “Submit order” button, he has made a binding request. Once the Customer has ordered, he receives a confirmation e-mail to the address entered in the order form. The e-mail confirms delivery of the order to BVA Bielefelder Verlag GmbH & Co. KG and lists the details of the order. (Order confirmation).

(4) The Publisher accepts the request as follows, in accordance with Section 3, Para. 3, resulting in the conclusion of a binding subscription contract :

a) The Publisher sends the ordered magazine and,

b) Confirms the Customer order by sending a second e-mail (order acknowledgement) to the e-mail address provided in the order form.

(5) Conclusion of a contract is only possible in the German language.

 

§ 4

Delivery

(1) the Publisher shall begin delivery of the magazine either as of the date specified in the order or as of the next possible magazine issue following the order, taking into account delivery time. The specified delivery times are non-binding.

(2) The Customer has no right to the delivery of magazines which are no longer deliverable.

(3) Unless otherwise agreed, the Publisher shall deliver to the address provided by the Customer in the order form. Customers shall inform the Publisher immediately of any changes to the subscription, address, delivery or name.

The Customer shall report failed deliveries to the publisher immediately by mail, e-mail, or telephone.

(4) For failed deliveries, delayed delivery or delivery-related damages, the Publisher assumes liability solely in accordance with Section 9. The Publisher assumes no liability for delayed or missing issues of magazines to foreign countries and will not ship replacement copies of the magazine.

(5) The magazines Sonne Wind & Wärme and Sun & Wind Energy are also offered as digital products in PDF format.

 

(5.1) The Customer may download digital products using personal authentication data. The data consists of a username and password. The Customer shall store the access data safely and may not transfer it to third parties.

Customers receive access data when they order a subscription to the magazines listed in Section 3, Paragraph 5.

(5.2) The digital products can only be read using the Adobe Reader program. The Customer may download this licence-free program free of charge on the Internet.

Customers shall inform the Publisher by mail, e-mail, or telephone in the event that files contain errors, or if the file transfer is not successfully completed.

 

§ 5

Prices and delivery costs

(1) All of the prices listed on the website of the publisher include applicable sales tax.

(2) The purchase price is due immediately upon submission of the invoice and is payable within 30 days. The Customer's debt is considered delinquent if he fails to pay within 30 days after the due date and invoice date.

(3) Unless otherwise agreed, the Publisher charges for delivery costs for magazines which are borne by the Customer.

 

§ 6

Payment

The Customer may choose to be billed for the purchase price. At the Customer’s discretion, the Publisher may directly debit the purchase price from a bank account.

 

§ 7

Retention of title

The Publisher reserves the right of title to the magazine delivered to the Customer until the Customer has finally and fully paid for the magazine.

 

§ 8

Warranty

Warranty regulations apply as required by law.

 

§ 9

Right to cancellation of the Customer as a consumer

(1) The Customer has no right to cancellation if he concludes a magazine subscription contract with the Publisher through the use of remote communication as described in Section 312b, Para. 2, BGB (German Civil Code).

(2) There are two exceptions in which the Customer has a right of cancellation: if the Customer expresses his declaration of intent to conclude a magazine subscription contract by telephone, or if the Customer concludes a magazine subscription contract, the total price of which exceeds 200 euros, calculated to the earliest possible cancellation date.

(3) In such cases, Section 9, Para. 2, BGB affords the Customer a 14-day period in which to cancel his order.

 

§ 10

Prohibition on transfer, offsetting, and withholding

(1) A Customer wishing to transfer rights granted through a subscription contract in whole or in part, must first obtain the written consent of the publisher.

(2) The Customer may offset the Publisher's claims resulting from a subscription contract or other non-contractual claims arising from such a contract or withhold payment thereof only if the counterclaim is uncontested or has been declared valid by a judicial authority.

 

§ 11

Minimum term of the contract and cancellation

(1) Unless otherwise agreed, subscription contracts have a minimum term of one year.

(2) Subscriptions with a minimum term of one year shall be extended by a further year unless cancelled three months prior to expiration.

(3) The subscription contract must be cancelled in writing in accordance with Section 126, BGB. The cancellation shall be submitted by letter, fax, or e-mail to:

 BVA Bielefelder Verlag GmbH & Co. KG

Kundenservice

Niederwall 53

33602 Bielefeld

Fax: +49(0)521-595 507 E-mail: service@bva-bielefeld.de

(5) The right of both parties to extraordinary termination of the contract shall remain unaffected.

 

§ 12

Subscription bonuses

(1) Any bonuses or gifts granted in connection with a subscription shall be delivered to the Customer once payment of the full price of the subscription is received.

(2) Only one test or trial subscription per magazine is permitted per household. The same applies to the delivery of subscription bonuses.

 

§ 13

Liability

(1) The Publisher is liable for intentional or gross negligence irrespective of the cause in law of the liability.

(2) In the event of minor negligence, the liability of the Publisher in the infringement of material contractual obligations (material obligations are obligations, the fulfilment of which enables the due and proper execution of the contract, and the adherence to which the parties to the contract may rely as a matter of course) is limited to typically foreseeable damage, unless the damage is in the form of damage to life, limb or health, or liability arising from compelling statutory liability standards (e.g. product liability law). All other cases of liability due to ordinary negligence of the Publisher are excluded.

 

§ 14

Data privacy

(1) The Publisher requires address and bank data from its Customers for the purpose of order processing. The data, as well as the text of the contract and the order shall be stored in a database to which a limited number of internal employees have access. Personal data are neither sold, nor passed to third parties outside the Publishing company.

(2) Stored data shall be sent to the Customer on request at any time, along with the general terms and conditions.

 

§ 15

Final provisions

(1) The law of the Federal Republic of Germany shall apply exclusively with the exclusion of the UNCISG.

(2) Bielefeld is the place of fulfilment. The place of jurisdiction for all transactions with merchants, legal entities of public law and separate funds under public law is Bielefeld.