Terms and Conditions - NWB Verlag GmbH & Co. KG

NWB Terms of Delivery

  1. Scope

    1.1. These Terms and Conditions (also referred to as T & C) apply to all deliveries (journals, books, loose-leaf editions, supplementary deliveries, CD, DVD, CD-ROM etc.) by NWB Verlag GmbH & Co. KG, Eschstraße 22, 44629 Herne – also referred to as NWB.

1.2. The online and off-line usage of the NWB database and other databases is not subject to these T & C’s, neither are participations in seminars and online seminars. Separate T & C’s to be found here apply.

1.3. Any customer's own terms and conditions, shall not become part of the contract, even if the customer expressly refers to their validity in his order or otherwise.

  1. Conclusion of Contract

2.1. Each order for a delivery of products by a customer shall be regarded as an offer to conclude a contract. This applies irrespective of the type and form of the order process (Internet, e-mail, fax, telephone, letter, order form, etc.). In the case of orders placed by the customer electronically, the customer shall receive an electronic confirmation in which the details of the order are summarised, and price(s) are stated.

2.2. The purchase contract/subscription is then concluded by the delivery of the ordered product to the customer. The delivery of the ordered product is deemed to be a declaration of acceptance by NWB. In the case of recurring deliveries of similar products (e.g. subscriptions), the contract is concluded upon receipt of the first partial delivery (e.g. the current edition). In case of business customers, NWB is entitled to make partial deliveries and partially invoice these. The first delivery of the ordered product is also deemed to be the conclusion of the contract.

2.3. The provision of a false name and address in a chargeable transaction or order constitutes a criminal offence. NWB reserves the right to file criminal charges in such cases and to take all necessary steps under civil law against the orderer.

  1. Delivery and Time of Delivery

3.1. The prices stated by NWB apply subject to any changes by NWB. In this case, the fixed retail price on the day of receipt of the products by the customer shall apply. Prices are subject to change. All non-binding recommended prices are marked. All prices not marked are fixed retail prices. Unless otherwise agreed in writing, delivery shall be made to the delivery address specified by the customer. If the ordered products or services are available, they will be delivered or provided without delay. Binding delivery dates must be agreed in writing.

3.2. The delivery obligation is subject to the availability of the ordered products. If ordered products are not yet available (e.g. in the case of new editions) or are no longer available (e.g. out-of-print works), NWB is released from the obligation to deliver. In the event of unavailability, NWB will inform the customer of this as soon as possible and, if necessary, make a reservation for a possible reprint or new edition. In the case of business customers, NWB is entitled to make partial deliveries and invoice to an extent that is reasonable for the customer.

3.3. If the customer is a business, the delivery is made at the risk of the recipient.

  1. Prices and Payment

4.1. The prices stated in the invoice include the statutory value added tax (USt).

The shipping costs are to be borne by the customer - unless marked as free of shipping costs.

Unless otherwise agreed, invoices are due and payable upon receipt. Discounts and other deductions are not permitted. NWB is entitled to charge dunning fees and interest on arrears at the customary bank rate.

4.2. The customer is excluded from off-setting liabilities against any receivables unless the customer's claim is undisputed or has been legally established.

  1. Title Retention

5.1. In the case of sales to end customers, ownership of the delivered products remains with NWB until the purchase price has been paid in full. During the existence of this titel retention, the customer may not sell the products or otherwise dispose of the ownership thereof without the prior written consent of NWB.

5.2. The following applies to booksellers or other commercial resellers:

5.2.1. The product delivered by NWB to the customer remains the property of NWB until the purchase price has been paid in full (hereinafter referred to as reserved products). The customer is entitled to sell the reserved products in the ordinary course of business. In the event that the products subject to retention of title are resold, the customer hereby assigns the resulting claims against the purchaser to NWB by way of security. The same applies to other claims that take the place of the reserved product or otherwise arise with regard to the reserved product, such as insurance claims or claims arising from tort in the event of loss or destruction.

5.2.2. NWB revocably authorises the customer to collect the claims assigned to NWB in its own name for the account of NWB. If third parties gain access to the products subject to retention of title, in particular by way of seizure, the customer shall immediately notify them of NWB's ownership and inform NWB thereof so that NWB can assert its rights to the products against the third party. If the third party is unable to reimburse NWB for the judicial or extrajudicial costs incurred in this connection, the customer will reimburse NWB for the loss incurred as a result. In the event of breach of the contract by the customer, in particular in the event of default in payment, NWB is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the products subject to retention of title.

  1. Liability for Defects

6.1. If the customer is a business, the following applies:

6.1.1. The warranty period is one year starting on the date of delivery. The customer must carefully inspect the delivered product immediately after delivery. The product is deemed to be approved and free of defects if NWB does not receive a written notification of defects from the customer within seven working days of delivery of the products, in which the defect(s) identified are listed in a comprehensible manner. At the request of NWB, the defective products must be returned to NWB.

6.1.2. In the event of material defects in the delivered product, NWB is obliged and entitled to choose between rectification or replacement delivery within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery by NWB, the customer may withdraw from the contract or reduce the purchase price adequately.

6.1.3. Any delivery of used products agreed with the customer in an individual case will be made with the exclusion of any liability for defects.

6.2. If the customer is a consumer, he shall be entitled to the statutory claims for defects.

  1. Limitation of Liability

7.1. If the customer is an entrepreneur, the following applies:

7.1.1. NWB's liability for damages, regardless of the legal reason, is limited as follows:

NWB is not liable

- in the case of simple negligence on the part of its executive bodies, legal representatives, employees or other vicarious agents,

- in the event of gross negligence on the part of its non-executive employees or other vicarious agents, insofar as this does not involve a breach of essential contractual obligations.

7.1.2. Insofar as NWB is liable for damages in accordance with the above provision, this liability is limited to damages that are typical when taking into account the duty of care in question and that were foreseeable for NWB.

7.1.3. Except in the case of intent or gross negligence, liability for compensation for indirect damage, in particular for loss of profit, is excluded.

7.1.4. In the event of liability for simple negligence, NWB's obligation to pay compensation is limited to an amount of EUR 3,000.00 per case of damage, even if this involves a breach of material contractual obligations.

7.1.5. The above exclusions and limitations of liability apply to the same extent in favour of NWB's executive bodies, legal representatives, employees and other vicarious agents.

7.1.6. The above limitations of liability do not apply to NWB's liability for intentional conduct and for guaranteed characteristics and for injury to life, body or health or under the Product Liability Act.

7.2. If the customer is a consumer, the following applies:

7.2.1. We shall only be liable for damages caused by slight negligence insofar as they are based on the breach of material contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations the fulfilment of which is essential for the proper performance of the contract and on the fulfilment of which the buyer regularly relies and may rely. Insofar as we are liable hereunder for simple negligence, our liability shall be limited to the typically foreseeable damage.

For damage caused by delay due to slight negligence, our liability is limited to the typically foreseeable damage, but not more than 5% of the total price agreed in the contract concerned.

NWB's liability for damages, irrespective of the legal reasons, is limited to the foreseeable damage typical for the contract.

7.2.2. The above limitation of liability does not apply to NWB's liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.

7.3. The contents of the website, our products or online databases are carefully checked and prepared to the best of our knowledge. However, the publisher cannot accept any liability for the correctness, completeness or up-to-dateness of the contents.

  1. Data Protection

NWB observes the provisions of the applicable German and EU data protection law and other relevant laws with data protection provisions. Pursuant to §§ 32, 33 of the Bundesdatenschutzgesetzes (Federal Data Protection Act), the customer is informed that NWB processes the data provided by the customer mechanically for the purpose of processing orders / changes / deliveries and invoicing for the fulfilment of the contract and for the purpose of informing the customer about new product releases and the range of services offered by the publisher. In addition, your data will also be transmitted to the mailing company for correspondence, delivery and for the implementation of contractual and pre-contractual measures. For details, please refer to our data protection information (Datenschutzhinweise).

  1. Terms of Use for Software Products

If the contract includes the delivery of data carriers of any kind (CD-ROM, DVD, etc.) to the customer, the terms of use for software products set out in this clause 9 shall apply additionally to the use of the data and computer programmes stored on them (hereinafter collectively referred to as the programme).

9.1. The customer is advised that his statutory right of withdrawal does not apply if he has unsealed a delivered data carrier.

9.2. All content on the data carriers supplied by NWB is protected by copyright. NWB grants the customer a simple, non-exclusive, non-transferable and non-sublicensable right to use the programme, limited in time to the duration of the respective contract/subscription. The right of use applies to one workstation per licence. Permitted use includes installation of the programme, loading into the working memory and use by the customer as intended. All rights to the programmes not expressly transferred to the customer by these conditions remain at NWB.

9.3. The data and information retrieved from the data carriers may only be used by the customer for his own use. The customer is not permitted to rent out the software.

9.4. The customer is entitled to permanently transfer the acquired data carrier to a third party subject to the handover of these terms of use. In this case, the customer will cease using the programme completely and remove all installed copies of the programme from his computers. At NWB's request, the customer will confirm in writing that the aforementioned measures have been carried out in full or, if applicable, explain to NWB the reasons for keeping the data for longer.

9.5. Subject to the exception below (backup copy), the customer is prohibited from making copies of the programme or reproducing the programme in any other way. The customer is permitted to make a single backup copy of the data carrier. However, this backup copy may not be used at the same time as the original data carrier.

9.6. Under the legal conditions of § 69 d para. 1 UrhG (German Copyright Law Code) in connection with § 69 c No. 1 and 2 UrhG (German Copyright Law Code) and § 69 e UrhG (German Copyright Law Code), the customer shall be entitled to decompile, modify and reproduce the programme to the extent necessary to establish the interoperability of the software with other programmes. However, this only applies on condition that NWB has not made the necessary information available to the customer upon request within a reasonable period of time. The customer is not permitted to make any further changes, modifications or adaptations to the software. The customer is not entitled to remove copyright notices, trademarks or other reservations of rights, serial numbers or other features serving to identify the programme from the programme.

9.7. If the use of the data carrier is contractually limited to a certain period of time (e.g. subscription period), the customer's right of use ends upon expiry of this period. Some of NWB's data carriers are equipped with an automatic lock that excludes further use after the contractually stipulated period of use has expired.

9.8. NWB's liability for defects is excluded if the customer has modified the software or used it improperly.

  1. Subscriptions

A subscription within the meaning of these terms and conditions is the recurring delivery of periodicals, loose-leaf editions, data carriers etc. (hereinafter referred to as subscription products). Additionally to the terms set out above the following terms and conditions shall apply to subscriptions of any kind:

10.1. Delivery of the Subscription Products to the Customer shall commence immediately after conclusion of the contract with the current issue at the time.

10.2. When ordering newspapers and journals, the customer has no right of withdrawal unless the customer has made his contractual declaration by telephone.

10.3. Subscriptions are concluded for an indefinite period. The periods of notice depend on the information in the imprint of the respective product.

10.4. In individual cases (e.g. in the case of premium issues, special promotions, products packages), a minimum term may be agreed. In these cases, the subscription may be terminated for the first time with effect from the expiry of the minimum term.

10.5. If and for as long as NWB is unable to produce and/or deliver the subscription products through no fault of its own, or is only able to do so under significantly adverse conditions, there is no obligation to perform. For this period of impediment to performance, NWB will issue the customer with a credit note in the amount of the regular sales price, which can be offset against the next payment. If a minimum term has been agreed, the subscription will be automatically extended in the event of such delivery disruptions by the period of the hindrance to perform, so that the customer will receive the agreed number of issues of the subscription products until the end of the contract.

  1. Duty to Inform about alternative Dispute Resolution for Online Sales

Information for consumers §§ 36, 37 VSBG

NWB Verlag is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

The European Commission provides a platform for out-of-court online dispute resolution (so-called ODR platform) at http://ec.europa.eu/consumers/odr/. (a plattform for online-dispute regulation (sog. OS-Plattform).

  1. Final Provisions

12.1. If the customer is a business or a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the purchase contract shall be Herne. The purchase contract shall be governed exclusively by German law with the exclusion of the conflict of laws provisions of private international law. The UN Convention on Contracts for the International Sale of Products shall not apply.

12.2. Additionally the provisions of the „Verkehrsordnung für den Buchhandel des Börsenvereins des Deutschen Buchhandels“ in the current edition (Regulations of the association of the German Book Trade for booksellers) also referred to as Book Trading Regulations), shall apply to business transactions between NWB and booksellers. If and to the extent that the content of the Book Trading Regulations deviates from the provisions of these T&C, the Book Trading Regulations shall prevail.

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Withdrawal Policy

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the products or, in case of a partial delivery, the last partial consignment or the last piece or, in case of regular delivery of products over a fixed period of time, the first products.

To exercise your right of withdrawal, you must send us,

NWB Verlag GmbH & Co. KG,

Eschstraße 22, 44629 Herne,

a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the Withdrawal

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the products back or until you have provided proof that you have returned the products, whichever is the earlier.

You must return any products received without delay and in any event no later than fourteen days from the day on which you have notified us of the withdrawal of this contract to

Sigloch Distribution GmbH & Co. KG

Incoming products gate 6-10

Return NWB Verlag

Am Buchberg 8

74572 Blaufelden

to return or hand over the products. The deadline is met if you send the products before the end of the period of fourteen days. We shall bear the costs of returning the products. You will only have to pay for any loss in value of the products if this loss in value is due to a handling of the products unnecessary for the inspection of the condition, properties and functionality of the products.

If you have requested that services to be provided by us begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

SAMPLE Withdrawal Form

(If you want to cancel the contract, please fill in this form and send it back - (*)= delete if not applicable)

_

_____________________________________________________________________________

To

NWB Verlag GmbH & Co. KG,

Eschstraße 22, 44629 Herne, Germany

Fax: 02323.141.173

E-Mail: service@nwb.de

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/the provision of the following service (*):

Ordered on (*)/received on (*) ___________________________________

Name of consumer(s) ____________________________________

Address of consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date

End of the Withdrawal Policy

Special Notes

In the case of service contracts, your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.

In accordance with § 312d paragraph 4 BGB (German Civil Code), the right of withdrawal does for example not apply to contracts,

- for the delivery of newspapers, periodicals and journals, unless you have made your contractual declaration by telephone

- for the delivery of audio and video recordings (including CDs or DVDs) or software, provided that the seals of the delivered data carriers have been broken, or

- for the delivery of products that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature

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Book Trade

Special regulations for the book trade:

General Conditions of Return

  1. Titles from fixed editions may be requested for return in writing.
  2. Up to 6 weeks after the publication of the new edition, the respective previous editions of the fixed covers can be requested in writing for return, taking into account points 1, 5, 6, 8-10. The timely announcements of new editions are available to you on our quarterly preview as well as here on our homepage.
  3. Returns from covers with right of return (RR):

    Returns within the period stated on the invoice do not require approval. The purchase data (invoice number, invoice date) must be stated. The condition of the books must be impeccable.

  4. Supplementary deliveries to loose-leaf editions are delivered in the amount ordered and are therefore not eligible for return. Only if further invoicing to customers is no longer possible is there a right of return for 6 weeks after publication of the supplementary delivery. In this case, the purchase data (invoice number, invoice date) as well as the order data must be provided. If these are missing, we will charge a processing fee of 5,- € per title.

    Points 1, 6, 8-10 must also be observed.

  5. For all returns, the reference data (invoice number, invoice date) must be stated and the return authorisation issued by the publisher must be enclosed. If the reference data is missing, we will charge a processing fee of € 5 per title.
  6. The publisher or its representatives will accept returns on the condition that the returned books are clearly in a new condition. Price stickers must have been removed without leaving any residue.
  7. The type of return will be communicated with our approval.
  8. Approved returns must be sent within four weeks.
  9. Unauthorised returns will be disposed of and not credited.
  10. Returns from book wholesaler‘s purchases will not be credited.
  11. The sender shall always bear the shipping costs for returned items.

(Last updated: 10.2019)

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General Terms and Conditions for Digital Products

Click here to find the General Terms and Conditions (T & C) for digital products as a PDF file.

  1. Scope of Application

These General Terms and Conditions of Business (T & C) apply to all contracts concluded with

NWB Verlag GmbH & Co. KG,

Eschstraße 22, 44629 Herne, represented by the general partner

Neue Wirtschafts-Briefe Verwaltungs GmbH,

represented by its managing directors,

Sales tax identification number: DE 125418075

Registered under HRA 5124 in the Commercial Register of the Local Court of Bochum

(hereinafter: "NWB", "the publisher", "we", "us", etc.)

as supplier/provider/provider of products, concerning the delivery, rendering or provision of digital products and services (software on CD-ROM, DVD or for download; e-books; online database), with the exception of contracts on online seminars.

Any of the customer's own terms and conditions shall not become part of the contract, even if the customer expressly refers to their validity in his order or elsewhere or in any other way.

  1. Order; Conclusion of Contract; Delivery; Point of Provision of Services

2.1. Contracts for Digital Products (with the exception of contracts for the database use)

2.1.1. By placing an order, the customer makes a binding offer to conclude a contract with reference to these T&C. This applies irrespective of the type and form of the order process (Internet, e-mail, fax, telephone, letter, order form, etc.). In the case of orders placed by the customer electronically, the customer shall receive an electronic confirmation in which the details of the order are summarised, and price(s) are stated.

2.1.2. The contract is only concluded upon express acceptance of the offer by NWB. The confirmation of receipt is deemed to be acceptance of the offer, unless otherwise stated therein. The delivery of the products or the commencement of the performance of the service is also deemed to be acceptance. In the case of recurring deliveries of similar products (e.g. subscriptions), the contract is concluded at the latest upon receipt of the first partial delivery (e.g. the current issue). With respect to business customers, NWB is entitled to make partial deliveries and invoice them in accordance with the provisions under 2.4. In this case the first delivery of the ordered products is deemed to be the conclusion of the contract at the latest. In the case of electronic orders placed via the Internet, the text of the contract will be stored after the conclusion of the contract and can be retrieved by the customer from NWB.

2.1.3. If available, the ordered products or services will be delivered or provided without delay, unless a different time has been expressly agreed or results from the service/product description of NWB. We reserve the right to refrain from executing an order if the products or services are out of stock or no longer or not yet in stock or available. In this case, NWB is released from the obligation to deliver and the customer will be informed of the unavailability. Binding delivery dates must be agreed in writing. If the order is placed via the Internet, the expected delivery date can be found in the product/service description by NWB or in the customer's order offer.

2.1.4. NWB is entitled to make partial deliveries to business customers and invoice to an extent that is reasonable for the customer.

2.1.5. Software and loose-leaf editions are up to date at the time of delivery. To ensure that they remain up to date, the customer automatically participates in the subscription/update service or update service in accordance with the respective product/service description. The scope and price of the respective updates or supplementary deliveries correspond to the information in the product/service description of NWB.

2.1.6. If the customer is a business, delivery is at the risk of the recipient.

2.2. Contracts on the Use of Databases

2.2.1. The customer orders the services he wishes to use on the order forms provided for this purpose on the internet, by telephone, by letter, by fax or by order form. The order is deemed to be an offer by the customer to conclude a contract. After receipt of the order by NWB, the customer will receive an order confirmation at the postal or e-mail address provided by the customer. With the order confirmation, NWB accepts the customer's offer to enter into a contract, but at the latest by providing the customer with the opportunity to log in to use the database using the activation code or by providing the customer with access to any offline version or the customer receiving the invoice.

2.2.2. Together with the order confirmation an activation code for the registration of the customer and the activation of the database to the extent ordered shall be transmitted to the customer.

2.2.3. If an offline version is part of the agreed service components, access shall be provided by installing, loading, displaying and running the programme on the number of computers at the customer's authorised by the licence agreement. Any time restrictions on the use of the data carrier supplied are regulated in the usage agreement. NWB is entitled to provide the data carriers with an automatic lock that excludes further use after expiry of the licence agreement.

2.3 Service Transfer Point and System Requirements for Internet-based Services/Deliveries

2.3.1. The service transfer point for internet-based services/deliveries is the router output of the data centre used by NWB to the internet. The customer himself must ensure the connection to the internet, the provision or maintenance of the network connection to the data centre, and the procurement and provision of network access components for the internet on the customer side. In particular for the use of the database, but generally also for the use of the other internet-based services/deliveries, the technical requirement on the part of the customer is an internet access via ISDN or higher.

2.3.2. NWB is not responsible for the customer's system environment. Requirements for the hardware and software environment that must be fulfilled on the customer's side depend on the respective offer. The customer is responsible for ensuring that he pocesses the system requirements necessary to use the respective database (online/offline). NWB reserves the right to change the system environment in which the data is accessed and the other system requirements at any time and to adapt them to new technical developments. This may result in a change in the technical requirements for the customer's access. The customer is responsible for adapting his access computer to the changed system requirements. NWB will inform such customers who have concluded a contract for permanent or recurring services about upcoming changes within a reasonable period of time in advance. NWB will keep the changes within the bounds of what is reasonable for customers, taking into account the interests of NWB.

2.3.3. NWB will endeavour to protect the databases against the introduction of viruses, trojans and malware of any kind. Nevertheless, NWB cannot rule out the possibility that, particularly when downloading documents or parts of documents, these may be infected with viruses or similar malware, which could lead to errors, data loss or other damage in the customer's system environment. The customer shall bear the risk of such virus transmission. He will protect his system environment with up-to-date anti-virus software. NWB is not liable for any damage caused to the customer by such a transmission of viruses.

2.4. Special Types of Subscription (subscription, book trade subscription)

2.4.1. A subscription within the meaning of these terms and conditions is a recurring or permanent service provided by NWB, e.g. access to a database, delivery of journals, loose-leaf editions, data carriers, etc. (hereinafter referred to as subscription products). For subscriptions of any kind, the following terms and conditions apply additionally: Subscriptions are concluded for an indefinite period. In individual cases (e.g. in the case of premium issues, special promotions, merchandise packages) a minimum term may be agreed.

2.4.2. If and as long as NWB is unable to produce and/or deliver or provide the subscription products or services, or is only able to do so under significantly adverse conditions, through no fault of its own, there is no obligation to perform.

2.4.3. Purchase via the book traders

For the purposes of these terms and conditions, the granting of access to internet-based products/services of NWB via the website of a bookseller for the bookseller's customers (third parties) is also deemed to be a bookseller's purchase. For the purposes of these terms and conditions, a bookseller is not deemed to be a bookseller if the bookseller only acts as an authorised agent vis-à-vis NWB. As an agent without power of attorney, the bookseller is liable within the scope of § 179 BGB (German Civil Code).

2.4.3.1. If NWB offers a bookseller the possibility of granting third parties access to NWB's internet-based products/services via his own website, the bookseller alone is NWB's customer. All licences or other rights in connection with NWB's products/services are granted only to the bookseller and the bookseller is only entitled to transfer them to third parties within the framework of the agreement concluded with NWB.

2.4.3.2. Only if NWB expressly concludes a contract with a bookseller for the benefit of certain named third parties are these third parties also deemed to be customers of NWB within the meaning of these provisions.

2.4.3.3. NWB excludes any liability towards third parties who are not customers within the meaning of these provisions. There are no warranty rights.

  1. Withdrawal Policy for Consumers

Right of Withdrawal

If your contract with NWB has been concluded by means of an off-premises contract within the meaning of § 312b BGB (German Civil Code) or by means of a distance contract within the meaning of § 312c BGB (German Civil Code) and you have concluded the contract for a purpose that is predominantly neither commercial nor your independent professional activity, the following applies:

You have the right to revoke your contractual declaration within 14 days without giving reasons. The withdrawal period is fourteen days from the day of the conclusion of the contract in case of a service contract.

Otherwise, the withdrawal period is fourteen days

- from the day on which you have or a third party named by you, who is not the carrier, has taken possession of the products, if you have ordered one or more products as part of a uniform order and the products or products are delivered uniformly;

- from the day on which you have or a third party named by you, who is not the carrier, has taken possession of the last products, if you have ordered several products as part of a single order and the products are delivered separately;

- from the date on which you have or a third party other than the carrier and indicated by you has taken possession of the last partial consignment or the last item, if you have ordered products which are delivered in several partial consignments or items.

If more than one of the above mentioned alternatives apply, the withdrawal period does not start to run until you have or a third party named by you who is not the carrier has taken possession of the last products or the last partial consignment or piece.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. letter sent by post, fax or e-mail). The withdrawal is to be addressed to:

NWB Verlag GmbH & Co. KG,

Eschstraße 22, 44629 Herne, Germany

Telefon:02323.141-900

Telefax:02323.141-123

E-Mail: service@nwb.de

You can use this retrievable model withdrawal form for this purpose, although this is not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically here on our website. If you make use of this option, we will send you confirmation of receipt of such a withdrawal without delay (e.g. by e-mail).

Consequences of Withdrawal

In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered.

We must reimburse you for all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received back products delivered to you or until you have provided proof that you have returned the products, whichever is the earlier.

You must return the products to us without delay and in any case no later than fourteen days from the day on which you have notified us of the withdrawal of the contract at the address

NWB Verlag GmbH & Co. KG,

Eschstraße 22, 44629 Herne, Germany

The deadline is met if you send the products before the expiry of the period of fourteen days.

If you are unable to return or surrender the received products and services as well as benefits (e.g. advantages of use), or if you are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the item and for benefits derived if the benefits or the deterioration is due to a handling of the item unnecessary for checking the condition, properties and functioning. By "testing the properties and functionality" we mean testing and trying out the respective products, as is possible and customary in a shop, for example. Products that can be sent by parcel post are to be returned at our risk. You shall bear the direct costs of returning the products. The costs are estimated at a maximum of approximately 10 EUR. Items that cannot be sent by parcel post will be collected from you.

If you have requested that services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. This does not apply if a trial period has been agreed.

Special Notes

Your right of withdrawal expires prematurely in the case of a service if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal. The right of withdrawal does not apply in the case of distance contracts

- for the delivery of products that have been manufactured according to customer specifications or

- are clearly tailored to personal requirements or

- which, due to their nature, are not suitable for return, or

- can spoil quickly

- or whose expiry date would be exceeded,

- for the delivery of audio or video recordings or of software, if the delivered data carriers have been unsealed by the consumer or

- for the delivery of newspapers, journals and magazines, unless the consumer has given his contractual declaration by telephone.

End of the withdrawal policy

  1. Viewing Period/Test Phase and Special Right of Termination

4.1. After conclusion of the contract, the customer may test the services to which he has subscribed completely and free of charge during a test phase. Unless otherwise agreed, the duration of the test phase shall be 4 (in words: four) weeks. Services and documents that are not included in the subscribed product are excluded from the remuneration-free period. The free trial period may only be used once per year; NWB may approve exceptions in individual cases.

4.2. If the customer does not wish to continue using the subscribed services, he may informally terminate the contractual relationship within the test phase of his order. In this case, the contractual relationship ends with the end of the test phase.

4.3. The right of withdrawal in accordance with the above clause 3 (withdrawal policy for consumers) remains unaffected.

  1. Customer Account; Access to Online Products

5.1. Internet-based services are handled, among other things, via online customer accounts.

5.2. The use of online customer accounts requires mandatory registration of the customer's data requested on the corresponding website. The registration of a legal entity may only be carried out by a natural person authorised to represent the entity, who must be named. NWB may refuse to accept registrations if there is an objective reason for doing so, e.g. if incorrect information is provided or if it is feared that payment obligations might not be met.

5.3. The customer's access to the online customer account and/or to the online products is password-protected via the Internet. The customer is obliged to keep his access data and password secret and to protect both from misuse by third parties. The employees of NWB are not authorised to request passwords by telephone or in writing. When choosing a password, the generally known rules should be observed (length, complexity of the password). Changes to the password are only possible online within the customer account. The customer must inform NWB immediately in the event of loss of the access data or password or if misuse of this data is suspected. Furthermore, NWB is entitled to block access to the customer account or the online products in the event of misuse. The customer is liable to NWB in the event of misuse for which he is responsible.

  1. Terms of Payment, Prices and Price Increases

6.1. Invoices shall be payable after the due date - as a rule upon dispatch - without deduction; in the case of first-time purchase after expiry of the viewing period/test phase (2.). Discounts and other deductions are not permitted. NWB is entitled to charge dunning fees and interest on arrears at the usual bank rate. In the case of direct debit, the invoice amount will be debited from the customer's specified bank account. Invoices and reminders are generated automatically and can be sent to the customer by letter, fax or email.

6.2. For contracts for permanent or recurring services over a specific or indefinite period of time, the remuneration for each contractually agreed service/delivery period shall be paid in advance. Invoicing shall take place in the first month of the chargeable service/delivery period for its entire duration (as a rule - and in no case longer than - twelve (12) months). Should the contract not be extended in the case of an initially shorter contract period (viewing period/test phase in accordance with clause 3; premature justified termination), any advance payments made in excess shall be refunded. The prices include the statutory value added tax (USt) applicable at the time.

6.3. The delivery/service shall be provided at the respective applicable gross final price (net price plus statutory value added tax). The prices stated in the invoice include the statutory value added tax.

6.4. The customer is not entitled to withhold payments unless he is entitled to a statutory right of retention from the same contractual relationship. Offsetting is only permitted insofar as the claim being offset is undisputed or has been legally established. Costs for unjustified return debit notes shall be borne by the customer.

6.5. All deliveries shall be made at the customer's expense. The actual shipping costs can be found in the respective order offer.

6.6. Price increases: We expressly reserve the right to adjust the respective prices for the products annually in a reasonable manner, even for existing subscription/update services. This right to adjust prices also applies in particular in the event of verifiable increases in production, shipping and labour costs. NWB will inform the customer in good time of the price adjustment and, if the customer is a consumer within the meaning of § 13 BGB (German Civil Code), grant the customer the option of extraordinary termination within a reasonable period of time.

  1. Termination

7.1. In the case of a contract for a continuous service/delivery for an indefinite period of time, the contract may be terminated at any time with one month's notice to the end of the month for the future. Any deliveries still received after the termination of the contract shall be returned.

7.2. If a minimum subscription period/minimum usage period has been agreed, the term of the contract shall be automatically extended after expiry of the minimum subscription period/minimum usage period by the respective period stated in the order offer, at the longest by one (1) year, unless the customer terminates the contract to the end of the contract term with the notice period stated in 7.1.

7.3. In the event of termination of a contract with an agreed notice period or minimum period of use, the customer shall continue to be entitled to the contractually agreed services until the end of the remaining contractual term.

7.4 Any termination must be made in text form (letter, fax, e-mail). Refusal to accept or non-use of deliveries and services shall not be deemed as termination. In the absence of timely notice of termination, the term of the contract shall be automatically extended, if applicable, in accordance with clause 7.2.

  1. Title Retention

8.1. In the case of sales to end customers, the ownership of delivered products remains with NWB until the purchase price has been paid in full. During the existence of this retention of title, the customer may not sell the products or otherwise dispose of the ownership thereof without the prior written consent of NWB.

8.2. The following applies to booksellers or other commercial resellers:

8.2.1 The products delivered by NWB to the customer remain the property of NWB until the purchase price has been paid in full (hereinafter referred to as reserved products). The customer is entitled to sell the reserved products in the ordinary course of business. In the event that the reserved products are resold, the customer hereby assigns to NWB by way of security the resulting claims against the purchaser. The same applies to other claims that take the place of the reserved products or otherwise arise with regard to the reserved products, such as insurance claims or claims arising from tort in the event of loss or destruction.

8.2.2. NWB revocably authorises the customer to collect the claims assigned to NWB in his own name for the account of NWB. If third parties gain access to the products subject to retention of title, in particular by way of seizure, the customer shall immediately draw their attention to NWB's ownership and inform NWB thereof so that NWB can assert its rights to the products against the third party. If the third party is unable to reimburse NWB for the judicial or extrajudicial costs incurred in this connection, the customer will reimburse NWB for the loss incurred as a result. In the event that the customer acts in breach of contract, in particular in the event of default in payment, NWB is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the reserved products.

  1. Copyrights/Rights of use

9.1. Upon conclusion of the contract, the customer is granted the right to use the services and products supplied within the framework of the statutory provisions. Use is only permitted on the hardware platforms supported by NWB and their operating system environment(s). The customer is prohibited from altering copyright notices, marks/trademarks and/or proprietary notices on the products.

9.2 For software, online products and information/database products, NWB grants the customer a simple, non-transferable, non-exclusive and non-sublicensable right of use only for a limited period of time for the duration of the agreed term of the licence agreement. The right of use is limited to the use described below:

9.2.1. Software

9.2.1.1. The customer has the right to use the software to the extent stipulated in the contract (number of licences purchased, duration of the right of use). The software may only be used by one person per licence (named user). In the case of a contract for a network version/multiple licence, the customer is entitled to use the software by a number of persons corresponding to the number of licences purchased (named user). The duration of the right of use shall be determined in accordance with the respective offer.

9.2.1.2. The customer is entitled to use the software for his own purposes; the free or paid use of the software on behalf of third parties and the transfer of the resulting research or calculation results to third parties is not permitted, unless the results are handed over to the third party for exclusive personal use.

9.2.1.3. The customer is entitled to install and use the software on a hard disk and to make a backup copy of the CD-ROM, DVD or download, but this may not be used simultaneously alongside the original version. The customer is not entitled to make copies of the software, provided that the copies are only made for data backup purposes and are also only used for this purpose. The customer is not authorised to reproduce the software components, supplied images, the manual, accompanying texts or the documentation belonging to the software by photocopying or microfilming, electronic backup or by other methods, to distribute the software and/or the associated documentation, to rent it out, to grant sub-licences thereto to third parties or to make it available to third parties in any other way. The customer is not authorised to pass on to third parties access codes and/or passwords for the product or for database accesses related to the product. The customer is not authorised to change, modify, adapt or decompile the software and/or the associated documentation, in whole or in part, to the extent that this exceeds the limits of §§ 69d (3), 69e UrhG (German Copyright Law Code) in each case.

9.2.2. Database and Online Products

9.2.2.1. Information/database and online products are protected by copyright as database works (§ 4(2) UrhG) (German Copyright Law Code) and as databases (§§ 87a et seq. UrhG (German Copyright Law Code)). The individual documents are furthermore works protected by copyright (§ 2 UrhG (German Copyright Law Code)); the software required to display and search the contents of the online products is subject to the protection of the copyright law according to §§ 69a ff. UrhG (German Copyright Law Code). The customer is entitled to use the information/database and online products to the extent customary in business and necessary for his needs within the limits of § 87b UrhG (German Copyright Law Code). Insofar as the actual use unreasonably impairs the legitimate interests of NWB, NWB is entitled to restrict or prevent access to the database work/database. This applies in particular to the reproduction, dissemination or public communication of essential components or the repeated and systematic reproduction, dissemination or public communication and making available of non-essential components of the database work/database. All copyrights, rights of use and other industrial property rights in the information/database and online products not expressly listed below remain with NWB as the owner of all rights of use and industrial property rights.

9.2.2.2. The customer acquires the right to access the information/database and online products from any computer that is suitable for these purposes. The duration of the right of use shall be determined by the agreement underlying the contractual relationship; it shall be communicated to the customer at the beginning of the contract and shall end upon expiry of the contractual relationship at the latest. The client is permitted to print out retrieved documents or parts of documents to a reasonable extent and to archive them for his personal purposes or in relation to the mandate. The client is also entitled to temporarily download document parts or working aids to a reasonable extent for the purpose of processing them in his own letters/documents. Duplication in the above sense is no longer reasonable, for example, if the client downloads/prints more than 20 documents per day or retrieves more than 200 documents per day and licensed workstation. The user is not permitted to permanently digitally archive retrieved documents/parts of documents.

9.2.2.3. The customer is not entitled to remove copyright notices, trademarks or other reservations of rights including watermarks or other markings indicating the author or other rights holder, serial numbers or other features serving to identify the programme from the documents retrieved in the database.

9.2.2.4. The customer undertakes to use the information/database and online products only for his own purposes and not to allow third parties separate access to the information/database and online products, either free of charge or against payment. The information/database and online products may only be used by one person per licence (named user). In the case of a contract for a network version/multiple licence, the customer is entitled to use the information/database and online products by a number of persons corresponding to the number of licences purchased (named user). If it is agreed that information/database or online products are to be used for teaching or training purposes, use by one person (named user) per licence shall also be deemed equivalent if the information/database or online products are made accessible by this person to his teachers and pupils/trainees and these deposit their own access data (password). Persons who are not directly associated with the customer as teachers or pupils/trainees may not be given access to the online customer accounts and online information under any circumstances. When handling the licence, the customer is obliged at all times to safeguard the legitimate economic interests of NWB.

9.2.3. Special Provisions for E-books

The content distributed by NWB (e-book) is protected by copyright and is intended exclusively for purchase for personal use as an individual user. The user undertakes to recognise and comply with the copyrights. The user does not acquire ownership. The user acquires from NWB the non-exclusive, non-transferable, locally and temporally unrestricted right of use to the purchased e-book in order to download the purchased e-book to an end device of his or her choice and to transfer it to up to five different other end devices. The user may save the downloaded file of the e-book on each of the individual end devices. The user may make the e-book visible on the end devices as often as desired. Any further use of the e-book is only permissible within the scope of and in compliance with the limitation provisions of copyright law (§§ 44 a et seq. UrhG (German Copyright Law Code)).

Any passing on, processing, duplication or reproduction, distribution, publication and making available to the public, either in whole or in part, whether in digital form, by remote data transmission or in analogue form, is not permitted and, outside the narrow limits of copyright law, may be punishable by law. Commercial use of the digital product is excluded in any case.

The user may not remove copyright notices, trademarks, digital watermarks and other reservations of rights in the retrieved content.

  1. Liability for Defects

10.1. If the customer is a consumer, he shall be entitled to the statutory claims for defects.

10.2. If the customer is a business, the following applies:

10.2.1. The warranty period is one year from delivery. The delivered products must be carefully inspected by the customer immediately after delivery. The products are deemed to be approved and free of defects if NWB does not receive a written notice of defects from the customer within the time limits set out in § 377 HGB (German Commercial Code) (HGB) in which the defects identified are listed in a comprehensible manner. At the request of NWB, the defective products must be returned to NWB.

10.2.2. In the event of material defects in the delivered products, NWB is obliged and entitled to rectify the defect or make a replacement delivery at its own discretion within a reasonable period of time. In the event of failure, including in particular the impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery by NWB, the customer may withdraw from the contract or reasonably reduce the purchase price.

  1. Limitation of Liability

11.1. The following applies to all customers:

11.1.1. The products and services are regularly prepared, revised and updated with the care to be expected. NWB is not liable for the accuracy, economic usability or legally permissible practicability of the information contained in the products/services. NWB points out in particular that in any affected areas of law, a changed legal situation or a change in case law may not yet have been taken into account, so that the information contained in services and products may be incorrect. NWB will not be liable for any resulting damage. Despite all prudence and care on the part of NWB, it must always be taken into account when using the products and services that a change in the legal situation or a change in case law may make a modification necessary.

11.1.2. In order to secure his system, the customer is obliged to back up data at intervals appropriate to the application. In the event of a loss of data for which NWB is responsible, NWB is only liable for the expenditure normally required to restore the data.

11.1.3. NWB endeavours to provide permanent access to the online products (365 days, 24 hours). However, the availability at all times is expressly not guaranteed. In particular, access may be temporarily restricted for technical reasons, for example due to necessary maintenance and repair work.

11.2. The following also applies to customers who are consumers:

11.2.1. NWB is liable for damages caused by slight negligence only insofar as they are based on the breach of material contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfilment is essential to the proper performance of the contract and on whose compliance the customer regularly relies and may rely. Insofar as we are liable hereunder for simple negligence, NWB's liability is limited to the typically foreseeable damage.

For damage caused by delay due to slight negligence, the liability of NWB is limited to the typically foreseeable damage, but not more than 5% of the total price agreed in the contract concerned.

NWB's liability for damages, irrespective of the legal reason, is limited to the foreseeable damage typical for the contract.

NWB is not liable in the event of simple negligence on the part of its executive bodies, legal representatives, employees or other vicarious agents.

11.2.2. The limitations of liability provided for in this section 11 do not apply to NWB's liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, body or health, in the event of fraudulent concealment of defects or under the Product Liability Act.

11.3. The following also applies to customers who are business customers:

11.3.1. Insofar as NWB is generally liable for damages in accordance with the above provision, this liability is limited to damages that are typical when taking into account the duty of care in question and that were foreseeable for NWB.

11.3.2. Except in the case of intent or gross negligence, liability for compensation for indirect damage, in particular for loss of profit, is excluded.

11.3.3. The above exclusions and limitations of liability apply to the same extent in favour of NWB's executive bodies, legal representatives, employees and other vicarious agents.

11.3.4. The limitations of liability provided for in this section 11 do not apply to NWB's liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, body or health, in the event of fraudulent concealment of defects or under the Product Liability Act.

  1. Data Protection; Data Storage

NWB complies with the provisions of applicable German and EU data protection law and other relevant laws with data protection provisions. For details, please refer to our data protection information (Datenschutzhinweise).

  1. Conflicting Conditions, Amendments to these Terms and Conditions of Business

13.1. The validity of conflicting or deviating terms and conditions is excluded, even if NWB does not expressly object to them or accepts services without reservation.

13.2. Subject to the following provisions, NWB reserves the right to amend these General Terms and Conditions in the event of changes in the law, changes in case law, changes in economic circumstances, changes in technical circumstances or events of comparable practical significance, provided that this amendment is reasonable for the customer, taking into account the mutual interests; this is particularly the case if the amendment is without significant legal or economic disadvantages for the customer, e.g. in the event of changes in the registration process or changes in contact information. Otherwise, NWB will inform the customer with whom ongoing or recurring services have been agreed of any changes to these terms and conditions with advance notice within a reasonable timeframe, but at least one month before the intended entry into force. The information will be sent to the email address specified by the customer. If the customer does not agree with an amendment intended by NWB, the customer has the right to object to the amendment within one month of notification. If the customer objects in due time, NWB is entitled to terminate the contract in writing with one month's notice to the end of the calendar month.

  1. Transfer of Contract

NWB is entitled to transfer rights and obligations arising from contractual relationships concluded with it to a third party in whole or in part with a notice period of four (4) weeks. In this case, the customer is entitled to terminate the contract within two weeks of notification of the contract transfer.

  1. Place of Jurisdiction, Applicable law

Place of rendering of services or delivery of products and place of jurisdiction for business, legal entities under public law or special funds under public law is Herne. German law shall apply exclusively but without the conflict of law provisions of private international law. The UN Convention on Contracts for the International Sale of Products shall not apply.

  1. Business Transactions with Booksellers

For business transactions between NWB and booksellers, the provisions of the Book Trading Regulations for the Book Trade of the German Publishers and Booksellers Association, as amended from time to time (hereinafter referred to as Book Trading Regulations), apply in addition to these General Terms and Conditions. If and to the extent that the content of the Book Trading Regulations deviates from the provisions of these T & C, these T & C shall prevail.

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