5.3 If delivery is made cash on delivery based on an explicit agreement between the customer and Quintessenz, the customer bears all the cash-on-delivery and money transfer fees for every single cash-on-delivery shipment, which is also separately specified in the order. When requesting a delivery service for transporting the ordered goods in countries outside of the EU, additional fees and customs could accrue which must also be borne by the customer.
5.4 If the customer downloads digital content or apps (see clauses 7 and 8), a computer or mobile device as well as a corresponding Internet connection and a common browser are required. These services are not part of the contract with Quintessenz. When downloading or using digital content and apps, transmission fees can accrue from the Internet provider that depend solely on the contract terms between the customer and his Internet provider.
5.5 Invoices become due for payment without deduction within 30 days after concluding the sales contract and are sent, at Quintessenz's choice, either in paper form or electronically to the email address specified by the customer. For payments to Quintessenz the following bank details apply:Banking details:
Commerzbank AG, Berlin
Account no.: 1802 15600, bank code: 100 400 00
IBAN: DE61 1004 0000 0180 2156 00, BIC or Swift: COBADEFFXXX
5.6 After due date and the onset of default with the sales price payment, default interest of 7.5% above the respective base interest rate of the European Central Bank will be charged. The customer has the right to prove that Quintessenz did not suffer any or a lesser interest loss than the one stated above. Arrears fees accrued and costs for reminders as well as further compensation claims remain unaffected. Payments are always used to first cover the oldest debt plus the default interest and arrears fees due.
5.7 In the event of default of payment, Quintessenz reserves the right to block the customer\s access to the Portal, to offers or digital content until the outstanding debt has been paid in full.
Delivery is, in principle, made at the customer's expense. For contracts on the purchase of digital content (see clause 7) or apps (see clause 8), however, the sales price must be paid in advance without deductions. Payment becomes due immediately after placing the order. Quintessenz reserves the right to stipulate other forms of payment and to conclude account payments with certain customers.
5.8 The delivered goods remain the property of Quintessenz until final payment.6. Right to cancel, sample cancellation formInstructions on Cancellation:Right to cancel online purchases of books, professional journals, ePaper and eBooks
If the customer is a consumer in terms of § 13 of the BGB (German Civil Code), who is a natural person concluding a legal transaction for purposes that to a large extent cannot be attributed to his commercial nor his freelance activities, Quintessenz Verlags-GmbH explains the statutory right to cancel purchases of goods (books, professional journals, ePaper and eBooks) as follows:Right to cancel
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation deadline is 14 days from the day that you or a third party nominated by you, who is not the carrier, has accepted delivery of all the goods. In the case of contracts on the delivery of digital content that are not supplied on a physical data carrier, fourteen days from the day of conclusion of contract as well as for a contract on regular deliveries of goods over a fixed period, fourteen days from the day that you or a third party nominated by you, who is not the carrier, took possession of the first delivery. In order to exercise your right to cancel, you must inform us (Quintessenz Verlags-GmbH, Ifenpfad 2-4, 12107 Berlin, telephone: +49 (0)30 /7 61 80-5, fax: +49 (0)30 / 7 61 80-692, email: email@example.com) by way of an explicit declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. For this purpose, you can use the Sample-cancellation Form, which is, however, not mandatory. In order to adhere to the cancellation deadline, it is sufficient that you send the notification about you exercising your right to cancel before the cancellation deadline has expired.Cancellation form (PDF)Consequences of cancellation
If you cancel this contract, we are obliged to reimburse all payments that we have already received from you, including shipping costs (with the exception of additional costs incurred by your choosing a different method of delivery than the inexpensive standard delivery offered by us), immediately and no later than within fourteen days from the day on which we receive the notification of cancelling the contract. These reimbursements will be made with the same method of payment used by you for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged fees for these reimbursements. We can refuse reimbursement until the goods have been returned to us or until you have provided evidence that you have sent the goods back, whichever time is earlier. You have to send back or return the goods immediately and, in any event, no later than fourteen days from the date on which you informed us of the cancellation of the contract. The deadline has been met if you send the goods back before the fourteen-day deadline has passed. You bear the direct costs of the return of goods. You only have to pay a possible loss in value of the goods if the loss in value can be traced back to unnecessary handling of the goods to test their composition, features and functionality.Non-existence of the right to cancel
The right to cancel in accordance with § 312g (1) No. 7 BGB does not exist for contracts involving the delivery of newspapers, magazines or other illustrated publications with the exception of subscriptions.Expiration of the right to cancel
With regard to contracts on deliveries of audio and video recordings or computer software in sealed packages, the right to cancel expires according to Art. 312g (2) no. 6 BGB when the seal has been removed after delivery.
According to § 356 (5) BGB, the right to cancel a contract on the delivery of digital content that is not on a physical data carrier also expires if we have started executing the contract after you gave your express approval and, at the same time, confirmed you were aware of the fact that you will lose your right to cancel after the execution of the contract has began.6a. Online Dispute Resolution of the European Commission (EU)Online Dispute Resolution:
Subject to the regulations of Article 14 (1) of the Online Dispute Resolution Regulation, the European Commission offers the possibility of dispute resolution on their website at www.ec.europa.eu/consumers/odr/
. You can use this site to try to reach an out-of-court settlement.
Quintessence Publishing takes part in the Dispute Resolution Regulation before a consumer arbitration authority as defined in the Verbraucherstreitbeilegungsgesetz (VSBG
, German Law on Consumer Dispute Resolution). The responsible authority is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Straße 8
77694 Kehl am Rheinwww.verbraucher-schlichter.de7. Right to use the digital content such as ePaper, eBooks or online journals
7.1 Digital editions of books and magazines (ePaper, eBooks) as well as videos and audio files (hereinafter together called "digital content") are copyrighted. For the online purchase of digital content, Quintessenz grants the customer the following simple rights of use.
7.2 Using the digital content mentioned in clause 7.1 is permitted exclusively for the user's personal, non-commercial purposes. If the customer downloads contents such as ePaper and eBooks, he may only store the file once on the device used, i.e. make a corresponding copy, subject to existing legal exceptions (e.g. pursuant to § 69c Pg. 1 No. 3 UrhG [Copyright Law]. The customer is prohibited from using or exploiting the contents in other or additional ways, in particular, public access on the Internet, sending the contents or holding public screenings, passing on or disseminating the digital content to third parties, as well as copying, processing the contents, redesigning or other ways of exploiting the contents, subject to existing legal exceptions (e.g. pursuant to Copyright Law), without the explicit approval from Quintessenz. This also includes the use in intranets and extranets and also applies to parts of the respective digital content that can be copyrighted.
7.3 In order to prevent misuse, Quintessenz reserves the right to mark digital content with methods that are not easily recognisable by the customer, for example mark it with the customer's name and address.
7.4 Quintessenz reserve the right to block access to the portal and/or individual digital content if the customer contravenes clauses 7.2 or 7.3 or allows third parties to use or exploit the digital content without authorisation.8. Special provisions for apps
8.1 In part, books and magazines are also offered in app-editions that can be offered by Quintessenz itself or third-party suppliers (see clause 2.2).
8.2 If Quintessenz merely arranges the sale of third-party apps (see clause 2.2), the contract is concluded solely with the respective provider of the app. Granting rights of use is subject to the respective terms and conditions of the third-party supplier.
8.3 In order to be able to use the apps, the customer must fulfil the system requirement presented with each app offer and download the app via an "iTunes-Store", the "Google Play Store" or possibly another app store and install it on the intended device.
8.4 After purchasing the app, the customer will receive an activation code by email. With this code, the app can then be obtained from the above mentioned app stores.
8.5 In cases in which Quintessenz offers its own apps, the following rights and utilisation conditions apply:
Apps are programmes that are protected by copyright and may be used exclusively for private purposes and to the extent intended for the contract purpose. In this regard, Quintessenz grants the customer the simple right to use the app for non-commercial purposes. If the customer buys an app-edition, he may store the file once on the device used by him, in other words make a corresponding copy.
Beyond this, the customer is prohibited to process, copy, decompile, translate, change, publish, disseminate, sell or other exploit the app and the information or software associated with it. The app and its contents may not be rented, leased, transferred or passed on to third parties. This does not affect the exceptions stipulated in the Copyright Law (e.g. § 69c Pg. 1 No. 3 UrhG). The customer must adhere to all contractual regulations with third parties (e.g. those of the contract between the customer and the app store operator or telecommunication providers) as well as the legal copyright provisions.
Clauses 7.3 and 7.4 apply accordingly in the case apps are used without authorisation.9. Technical requirements for purchasing apps and digital content
9.1 If digital content (such as ePaper in PDF format, HTML contenct, etc.) is purchased via a commercial website, the customer needs a standard Internet connection possibly the flash browser plugin in their latest version and possibly the programme "Adobe Reader of the Adobe Systems Inc." in its latest version or another comparable PDF reader programme.
9.2 To download an app, a suitable mobile device with an appropriate operating system (e.g. Apple iOS or Android) as well as an Internet connection are necessary.
9.3 Certain functions of an app may require registration and/or the acquisition of additional contents within the context of so-called "In-App purchases". A trouble-free use of the apps and their contents require that the customer is in possession of compatible devices and software, in particular, the compatible version of the operating system intended for the app. For reasons of safety, Quintessenz also recommends that the latest version of the necessary software is used. Using apps also requires an Internet connection.10. Subscriptions, terms
10.1 In part, Quintessenz also offers magazines, ePaper or apps as subscriptions with different terms (open-ended term, fixed term etc.). The details are available on the website of Quintessenz and the respective offer.
10.2 If in an individual case no fixed contract term and no minimum term are specified, the contract runs for an indefinite time as long as it is not terminated within the notice period specified in the quotation.
10.3 For subscriptions with fixed terms, the contract ends automatically with the completion of the term.
10.4 If the parties have agreed on a minimum term, the contract with the customer is continued for an open-ended term after the minimum term has expired unless the customer terminates it before the end of the minimum term within the notice period specified in the quotation.
10.5 The contract cannot be terminated during a minimum or fixed term.
10.6 Notwithstanding the above provisions, the possibility that either party has to terminate extraordinarily remains unaffected. Declarations of termination must be made in text form (e.g. email) or in written form.
10.7 With regard to apps, the app store operators may have influence on the available subscription models. In addition to the quotation by Quintessenz, the terms and conditions of the respective store operator apply. At the end of the contract on the use of the app, the right to use it as well as the corresponding contents expires. In this case, the customer must uninstall the app or delete it from his device.11. Warranty
11.1 A right to statutory defects liability exists for contracts with Quintessenz. The warranty is governed by legal provisions and in accordance with the following regulations.
11.2 Quintessenz extends no warranty in cases in which the defect results solely from the lack of systems requirements (see clause 9) on the customer's side.
11.3 In the case of a defect, the customer will request remedy from Quintessenz which could mean repairing the goods (subsequent performance) or delivering new, defect-free goods at his choice. If the customer sets a deadline for this, it must be reasonable.
11.4 If the customer is a businessman and the order pertains to the operation of his commercial business, the legal provisions apply to damage claims. Damage claims must be made in writing.
11.5 Claims for material damages become time-barred at the end of two years after delivering the item. If the customer is an entrepreneur, i.e. a natural or legal person or legally valid partnership, that acts in its commercial or independent professional capacity when concluding legal transactions (§ 14 BGB), claims for material defects become statute-barred one year after delivery of the goods. The legal statute of limitation on recourse action (§ 479 BGB) remains unaffected.
11.6 The statutes of limitations mentioned in clause 11.5 do not apply to intentional actions, to fraudulent concealment of a defect or if Quintessenz has assumed warranty for the composition of the goods. They also do not apply to claims based on material damage in the case of injury to life, limb or health, claims according to the product liability law, a gross negligent breach of duties on the part of Quintessenz or culpable breach of essential contractual obligations, i.e. such contractual obligations that need to be fulfilled in order to properly execute the contract in the first place and which the customer can generally depend on being adhered to and whose breach, on the other hand, threatens the attainment of the contract purpose.12. Liability
12.1 Compensation claims based on a breach of duties and unlawful acts as well as claims for the compensation of futile expenses are excluded against Quintessenz and its vicarious and performance agents.
12.2 This limitation of liability does not apply if the damage was caused intentionally or gross negligently, in the event of breach of obligations essential to the contract (see clause 11.6). Furthermore, it does not apply to damages caused by injury to life, limb and health if Quintessenz is responsible for the breach. The limitation also does not apply to damages that are based on the lack of a guaranteed feature or for which liability pursuant to the product liability law is provided.
12.3 In the case of damages caused by the loss of data, Quintessenz is not liable if and as far as the damage could have been avoided had the customer regularly and completely backed it up.13. Online registration, access data
13.1 Registration is not necessary to place an order in the online-shop of Quintessenz. However, the customer has the option to register with Quintessenz to facilitate subsequent orders. After registration, Quintessenz will establish a user account with access and user data (hereinafter called "access data") for the customer. Quintessenz is entitled to change the access data at a later date for safety reasons. In this case, the customer will receive new access data immediately.
13.2 The customer is personally responsible to protect the access data. It must be kept secret and may not be disclosed to third parties unless Quintessenz has approved this in writing. The customer is aware of the fact that third parties can use the access data they receive to place fraudulent orders in the customer's name. If the customer discovers or is suspects that his access data is being used by a third party, he must either immediately change the access data for his account or inform Quintessenz of the incident.
13.3 In the event of justified suspicion that the customer's access is being used fraudulently, especially if the customer made notification of this, Quintessenz is entitled to block access immediately. Quintessenz will inform the customer about this block on the access data.14. Data protection
The data protection policy of Quintessenz is governed by the provisions of the Federal Data Protection Act (BDSG) as well as the German Broadcast Media Act (TMG). Additional information with regard to collecting, processing and using the customer's personal data is shown in the data protection directions.15. Newsletter
Quintessenz offers to inform the customer free of charge about the publisher's news and recently published works through an email newsletter. However, the customer only receives the newsletter if he has explicitly agreed to acquiring the newsletter. It is at all times possible to de-register in the customer's user account, per email to firstname.lastname@example.org or by clicking the link in each newsletter.16. Final provisions
16.1 The contract is governed exclusively by the laws of the Federal Republic of Germany. The validity of the UN Convention on Contracts for the International Sale of Goods as well as of German international private law is excluded. If the customer is a consumer (see clause 6, 1st sentence), the mandatory consumer protection provisions valid in the country where the customer generally resides apply, provided they afford the customer additional protection compared to the German law.
16.2 If the customer is a businessman, a legal person under public law or a special fund under public law, the exclusive legal venue for all claims arising from the contractual relationship is Berlin-Tempelhof.
16.3 In the case of buying apps, the terms and conditions of the third-party platform from which the customer downloaded the app (for example Apple iTunes Store, Google Play Store etc.) apply in addition to these GT&C. In the event of contradictions, these GT&C have precedent over the terms and conditions of the platform operator.