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ecomed-Storck GmbH

Storck Verlag Hamburg
Striepenweg 31
21147 Hamburg
Germany

Hotline:

Phone:

+49 (0)89 2183 7194  UK

+49 (0)40 797 13 140 Germany

Fax: +49 (0)40 797 13 101

www.ecomed-storck.de

General Terms and Conditions of the Publishing House ecomed-Storck GmbH

Position as per: 16 February 2016

1. Scope of Application

1.1 These General Terms and Conditions (GT&Cs) - in the version applicable at the time of the purchase order - apply to all contracts for goods, supplies and other services of the publishing house ecomed-Storck GmbH with all its brands (hereinafter referred to as „Publishing House“ or "Supplier") with end consumers and entrepreneurs (hereinafter refered to as „Customer“). The Publishing House owns the following brands: ecomed and Storck Verlag Hamburg.
Any deviating provisions of an entrepreneur shall then also not become an object of the contract, irrespective from whether the Publishing House contradicts them or not, to the extent they deviate from these Terms and Conditions.

1.2 Supplementary Special Terms and Conditions apply in addition:

- to purchase orders for CD/DVD-ROM products:
Licence Terms and Conditions for CD/DVD-ROM Products

- to subscriptions to online databases: Terms and Conditions governing the Use of Online Databases

- to the booking of events: General Terms and Conditions for Events

Insofar as said Special Terms and Conditions deviate from these GT&Cs, the respective Special Terms and Conditions shall take precedence.

1.3 In some cases special terms apply under these GT&Cs in relation to "consumers" for the purposes of Paragraph 13 German Civil Code (BGB). The Customer is in any event not a consumer if the contract was concluded by the Customer as part of his commercial and/or independent occupational activity.

1.4 General Obligation to Provide Information

  • The order of the Customer will be processed and realised in the name of and on behalf of ecomed-Storck GmbH by the publishing group Hüthig Jehle Rehm GmbH. The ecomed-Storck GmbH has commissioned the publishing group Hüthig Jehle Rehm GmbH to deliver the order to the Customer and to issue the respective invoice for the Customer. The Customer addresses his/her revocation in accordance with number 5 of these GT&Cs.
  • The products of the online shop are described with each product.
  • The Customer will find the Publishing House's identity and address in Clause 15 of these GT&Cs.
  • The Customer will find the total price of the products including all taxes and levies on the products as per the selected order directly in the order process.
  • The Customer will find the payment, delivery and performance terms by each product that is selected as well as directly in the order process.
  • The Customer will find information on the current statutory warranty law in Clause 10.1 of these GT&Cs.
  • The Customer will find information on the run time, minimum period of obligation as well as the terms and conditions for termination or an automatic subscription renewal on each selected product.
  • The Customer will find the conditions as well as the deadlines and information on the procedure for exercising the right of withdrawal in accordance with Section 355(1) German Civil Code (Bürgerliches Gesetzbuch) as well as the withdrawal form template in Clause 4 of these GT&Cs.
  • The Customer will find information on ordering e-books in the order process. The Customer has no right of withdrawal in the case of e-books. The Customer is advised of this in the order process.
  • The Customer will find further information and instructions on digital offerings (e.g., downloads, data formats, methods of payment) in the FAQ under http://www.ecomed-storck.de/en/faq/ 
  • Our shop bears the "EHI Geprüfter Online-Shop" (EHI Certified Online Shop) quality seal. To be awarded this seal, we are regularly inspected by EHI Retail Institute GmbH for compliance with the criteria of the EHI Code of Conduct. You can view the code of conduct here .

 

2. Contract Conclusion

2.1 If the website is in German, then the contract shall be concluded in German only. If there is additionally an English website, the Supplier shall offer the Customer a non-binding translation aid in English. The offer of the website shop (online shop) is predominantly aimed at customers from the European Union.

2.2 Purchase orders can, as a general rule, be placed by telephone, in writing, by e-mail, facsimile or via the online shop. The Publishing House shall not be liable for transmission faults. The contract for the goods chosen by the Customer shall not come about until the Publishing House has accepted the Customer's purchase order by acknowledging the order or by delivering the goods within five days. If the goods or services are out of stock, out of print or no longer available the Customer shall be informed that they are not available.

2.3 The representation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the button "Order with costs" the Customer places a binding purchase order for the goods contained in the shopping basket. Receipt of the purchase order shall be confirmed immediately after the order has been sent and does not yet constitute any acceptance of the contract. The Publishing House can accept the purchase order by sending an acknowledgement of the order by e-mail or by delivering the goods within five days.

2.4 A description of the ordering procedure on the online shop can be viewed here.

2.5 The Publishing House stores the wording of the contract and sends the Customer the order details by e-mail. The GT&Cs can be inspected here. The order details can no longer be accessed via the Internet for security reasons. The order details are still partially accessible, but not payment details for security reasons.

2.6 If the Publishing House does not have regular business dealings with the Customer or if no account has yet been set up at the Publishing House for the Customer the Publishing House shall be entitled to supply the Customer in return for payment in advance or only after a bank direct debit authorization has been issued. The same shall apply mutatis mutandis in the event of repeated and/or persistent default of payment.

2.7 The Customer shall be under a duty to check acknowledgements and invoices for obvious clerical errors and miscalculations and to check acknowledgements for any deviations from the purchase order and to notify the Publishing House of any discrepancies without undue delay.

2.8 In the case of purchases for a trial period or purchases subject to viewing (Paragraph 454 German Civil Code (BGB)) pursuant to Clause 7 (Viewing Right) in the case of bound editions, loose-leaf basic editions and CD/DVD-ROM software basic versions, the purchase must be rejected within the respective time limits under Clauses 7.3 or 7.4. Enclosed with any CD/DVD-ROM software basic version is an "activation key" in a sealed envelope. It is not necessary to open the sealed envelope in order to use the software basic version in its test mode under the terms of the viewing right pursuant to Clause 7. Opening the sealed envelope is tantamount to an approval and gives rise to an obligation to purchase. In all other respects Clause 7 shall apply.

3. Terms of Payment, Set-Off, Right of Retention

3.1    The prices are stated as final prices in euros [D]. They include the statutory value added tax (Umsatzsteuer). Payments for e-books and download products may be made only by PayPal, credit card, Giropay and Sofortuberweisung; all other products may additionally be paid for by payment in advance, direct debit or against an invoice.  The credit card account will be charged when the purchase order is completed. If payment is made by direct debit the account will be debited when the goods leave the warehouse. The so-called pre-notification deadline under the SEPA core direct debit scheme is shortened to one day.

The website's clearing of payments by credit card is undertaken by: HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l.. 1, Place du Marché. L-6755 Grevenmacher. R.C.S. Luxemburg B 144133. E-mail: info (at) hso-services.com; Managing Director:  Mirko Hüllemann; Heiko Strauß (Dipl. Vw., Master of Economics).

3.2 The invoice amount shall be due for payment within 30 days following receipt of the invoice, at the latest upon receipt of the invoice, unless the invoice states a different due date. In cases where there is a right of withdrawal for consumers in accordance with Clause 5 and/or a viewing right in accordance with Clause 7 the invoice amount shall be due for payment upon expiry of the time limit stated in the respective case. Payments must be made without deduction to one of the accounts stated in the invoice.

3.3 The Customer shall have a right of set-off only if the Customer's counterclaims have become final and absolute or have been expressly acknowledged by the Publishing House in writing. The Customer shall be authorized to exercise a right of retention only insofar as the Customer's counterclaims are based on the same contractual relationship.

3.4 A description of the methods of payment and their availability on the online shop can be viewed here.

4. Delivery and Delivery Charges

4.1 The ordered goods shall be dispatched to the delivery address stated by the Customer. Deliveries are made at the Customer's risk unless the Customer is a consumer.

4.2 All deliveries are made for the Customer's account. If the purchase is made through the online shop, no delivery charges shall be charged for deliveries within Germany. Excepted from this are deliveries of updates and magazine subscriptions. In the case of magazine subscriptions the delivery charge is included in the final price. The delivery charges abroad shall be a flat-rate of € 8.00 [D] and shall be indicated accordingly in the shopping basket process. In the case of magazine subscriptions the price is already included in the final price and is not indicated separately.

4.3. In the case of deliveries to non-EU countries additional duties, taxes and charges arise. Further information on duties, can be found at:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_de.htm

and for information on import VAT, see:
http://auskunft.ezt-online.de/ezto/Welcome.do

and specifically for Switzerland, see:
http://xtares.admin.ch/tares/login/loginFormFiller.do

4.4 An overview of the delivery charges can be viewed here.

4.5 An overview of the delivery times can be viewed here.

5. Right of Withdrawal

Consumers have the statutory right of withdrawal. A consumer is any natural person who completes a legal transaction for purposes which can be attributed predominantly to neither their commercial nor their individual professional occupation. The consumer has the following statutory right of withdrawal for goods:

Notice on the Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days, without giving a reason.

The withdrawal period is fourteen days from the date on which you or a third party named by you, other than the carrier, took possession of the first goods. To exercise your right of withdrawal, you must notify us

Verlagsgruppe Hüthig Jehle Rehm GmbH
Customer Service / ecomed-Storck GmbH
Hultschiner Str. 8
81677 Munich
Germany
Fax: +49 (0) 89 – 21 83-76 20
E-mail service@ecomed-storck.de

by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal form template for this purpose, but this is not mandatory. Timely submission of the withdrawal notice before the end of the withdrawal period is sufficient for the purpose of observing the withdrawal time limit.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us) within fourteen days from the date on which your notice of withdrawal has been received by us. We will refund you using the same method of payment that you used for the initial transaction, unless otherwise expressly agreed; in no instance will you be charged fees for this refund. We may withhold reimbursement until we have received the goods returned by you, or once you have supplied us with evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the date on which you notify us of your withdrawal from this contract.

VSB-Verlagsservice Braunschweig GmbH
Abteilung Remittenden
Schwartzkopffstr. 6
38126 Braunschweig


This deadline is considered as met if you send back the goods before the fourteen-day period elapses. You  bear the direct costs of returning the goods. You have to pay for any loss of value of the goods only if said loss of value is attributable to unnecessary handling of the goods in order to examine the condition, properties and functioning of the goods.

 

Consumers have the statutory right of withdrawal. A consumer is any natural person who completes a legal transaction for purposes which can be attributed predominantly to neither their commercial nor their individual professional occupation. The consumer has the following statutory right of withdrawal for digital products (e.g. databases) and services (e.g. events):

Notice on the Right of Withdrawal


Right of Withdrawal


You have the right to withdraw from this contract within fourteen days, without giving a reason.

The withdrawal period is fourteen days from the date on which the contract was concluded. To exercise your right of withdrawal, you must notify us

Verlagsgruppe Hüthig Jehle Rehm GmbH
Customer Service / ecomed-Storck GmbH
Hultschiner Str. 8
81677 Munich
Germany
Fax: +49 (0) 89 – 21 83-76 20 / E-mail service@ecomed-storck.de

by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal form template for this purpose, but this is not mandatory. Timely submission of the withdrawal notice before the end of the withdrawal period is sufficient for the purpose of observing the withdrawal time limit.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us) within fourteen days from the date on which your notice of withdrawal has been received by us. We will refund you using the same method of payment that you used for the initial transaction, unless otherwise expressly agreed; in no instance will you be charged fees for this refund. If you require that the services begin during the withdrawal period, you will have to pay us an appropriate amount, the portion of which corresponds to the services already provided up to the point of time you inform us of exercising the right of withdrawal with respect to this contract, in comparison to the full extent of services provided for in the contract.


Template: Withdrawal form for consumers.

This is the statutory sample wording which is to be found as Appendix 2 to Article 246a § 1 para 2 sentence. 1 no. 1 Introductory Act to the German Civil Code (EGBGB):

Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it to us.)

- Verlagsgruppe Hüthig Jehle Rehm GmbH; Customer Service / ecomed-Storck GmbH. Hultschiner Str. 8, 81677 Munich, Germany
Fax: +49 (0) 89 – 21 83-76 20

I/we (*) hereby withdraw from the contract that I/we (*) concluded for the purchase of the following products (*)/for the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s):
- Signature of the consumer(s) (only for communications on paper):
- Date

_____________
(*) Delete as appropriate


The right of withdrawal does not apply to distance sales contracts

* for the delivery of goods, which are produced according to the Customer's specifications or
* are clearly tailored to personal requirements or
* which, due to their condition, are not suitable for being returned or
* can perish quickly or 
* the use-by date has been exceeded,
* for the delivery of audio or video recordings or software if the consumer has broken the seal on the data carriers delivered, or
* for the delivery of newspapers, periodicals and magazines with the exception of subscription contracts.

6. Agreement on Costs

Should you exercise your right to withdraw, you shall be responsible for bearing the costs of return postage if the goods delivered corresponds to those ordered and if the price of the goods to be returned is less than 40 euros, or if the price is higher, and the customer has not yet rendered consideration or any contractually agreed partial consideration at the time of withdrawal.  Otherwise, returning the goods is free of charge.

7. Viewing Right in the Case of Bound Editions, Loose-Leaf Basic Editions and CD-/DVD-ROM Software Basic Versions

7.1 In the context of the viewing right granted under Clause 6, the contract is concluded in accordance with Clauses 2 et seq., particularly Clause 2.7.

7.2 The Publishing House grants consumers (customers within the meaning of Paragraph 13 German Civil Code (BGB)) an additional viewing right with a viewing period of two weeks but only in the case of bound editions, loose-leaf basic editions and CD/DVD-ROM software basic versions irrespective of the 14-day statutory period for withdrawal. The viewing period commences after the expiry of the statutory period for withdrawal stipulated under Clause 5. The delivery charges and transport risk shall be borne by the Customer. The viewing right granted here does not limit the statutory rights and therefore also does not limit the consumer's right of withdrawal under Clause 5 of these General Terms and Conditions of Business.

7.3 The Publishing House grants entrepreneurs (Unternehmer) (customers within the meaning of Paragraph 14 German Civil Code (BGB)) a viewing right with a viewing period of four weeks but only in the case of bound editions, loose-leaf basic editions and CD/DVD-ROM software basic versions. The viewing right commences with the date of the invoice. The delivery charges, transport risk, and the risk of a possible return shall be borne by the Customer.

7.4 The Customer shall be entitled to return the work within the viewing period without stating any reasons. In order to meet the deadline it shall be sufficient if the goods are returned in time (date of postmark) to VSB-Verlagsservice Braunschweig GmbH, Abteilung Remittenden, Schwartzkopffstr. 6, 38126 Braunschweig, Germany.

7.5 For the avoidance of doubt: Software download products and e-books are statutorily deemed to be goods, which due to their condition are not appropriate for being delivered subject to viewing and return. Software download products cannot therefore be exchanged or returned.
 

8. Update Service for Loose-Leaf Editions and CD/DVD-ROM Products

8.1 Loose-leaf editions and CD/DVD-ROM products (software/databases) are updated to the delivery date. So that loose-leaf and CD/DVD-ROM products always remain up-to-date the Customer automatically participates in the update service offered for the respective goods unless the Customer has ordered the loose-leaf and/or the software program respectively expressly without any updates.

8.2 The size, price and frequency with which the respective updates are issued differ from work to work. The frequency of issue is basically determined by the developments in legislation, established cases and current developments in the material treated in the respective work.
 

9. Cancellations

9.1 Unless expressly otherwise provided when the update price is stated, the update service can be cancelled in writing at any time with effect from the update following the notice of cancellation. The Customer shall be under a duty to accept updates which have already been delivered or which were dispatched prior to receipt of the notice of cancellation.

9.2 For terminating subscriptions, the notice periods stated in the the respective magazine's imprint shall apply. An existing subscription will extend automatically if no notice of cancellation is received in time.

9.3 Any notice of cancellation must be given in writing. A refusal to accept services shall not be deemed to constitute any notice of cancellation. The timeliness of the notice of cancellation shall depend on when it is received by the other party to the contract.  

Notices of cancellation given to the Publishing House must be addressed to:

Verlagsgruppe Hüthig Jehle Rehm GmbH, Customer Service / Kundenbetreuung, Hultschiner Str. 8, 81677 Munich, Germany.

 

10. Warranty, Liability

10.1 The statutory warranty period applies.

10.2 In the case of contracts with consumers in accordance with Paragraph 13 of the German Civil Code (BGB), (a consumer is any natural person who completes a legal transaction for purposes which can be attributed predominantly to neither their commercial nor their individual professional occupation, therefore the order be neither attributed to a commercial nor an individual professional occupation of the Customer), there is a warranty period of two years as of delivery of the goods.

In the case of orders from Customers who are entrepreneurs according to Paragraph 14 BGB, the warranty period is limited to one year.

10.3 The liability for defects in software shall be governed by the statutory provisions governing liability for defects in quality (Sachmängelhaftung). In so doing account is taken of the fact that it is not possible to bring about fault-free functioning of the software under all application conditions. The liability for defects is therefore excluded if the software is run on a system, which does not correspond to the minimum requirements stated on the packaging or in the documentation unless the customer proves that the fault would still exist even if the software had been used on a system, which satisfies said minimum requirements. The supplementary performance owed pursuant to the statutory provisions governing liability for defects in quality (Sachmängelhaftung) can also be rendered by the Publishing House providing the Customer with a program with which the fault is bypassed by means of appropriate programming measures (patch).

10.4 The Publishing House shall be liable for damage caused intentionally or by gross negligence, for damage resulting from an intentional or negligent injury to life, body or health as well as for damage due to at least a careless breach of duty that is of central importance for achieving the purpose of the contract (cardinal duty). This also applies to representatives or vicarious agents of the Publishing House. Save for in cases of liability for intent and for an intentional or negligent injury to life, body or health, the duty to pay compensation shall be limited to the foreseeable damage that typically occurs. In all other cases, claims for compensation against the Publishing House are excluded, irrespective of the legal ground. Liability under the German Product Liability Act (Produkthaftungsgesetz), due to any intention to deceive (Arglist) or under a guarantee shall - save for the liability under a guarantee stipulated in Paragraph 536a(1) BGB - remain unaffected.

10.5 Technical data and descriptions do not constitute any guarantee. There is a guarantee only if the Publishing House has expressly declared or confirmed in writing that it is giving a guarantee.

11. Reservation of Title

11.1 In the case of contracts with consumers the Publishing House reserves title to the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs (Unternehmer) within the meaning of Paragraph 14 German Civil Code (BGB) the Publishing House reserves title to the goods until all of the debts arising out of the ongoing business relationship with the Customer have been settled in full.

11.2 The goods delivered may not be pledged, or transferred as security, before full payment has been made, or before the bills of exchange or cheques given in return have been honoured and without the consent of the Publishing House.

11.3 A retail Customer is entitled to resell the goods in the ordinary course of business. He hereby already assigns to the Publishing House all of the accounts receivable accruing to him and owed to him by a third party due to the re-sale and in the amount of the invoice amount. The Publishing House accepts said assignment. Following the assignment the Customer is entitled to collect the account receivable. However, the Publishing House reserves the right to collect the account receivable itself as soon as the Customer fails to properly comply with his payment obligations and is in default of payment.

11.4 The Publishing House shall automatically release the delivery items or the assigned accounts receivable to the extent to which the Publishing House's ceases to have an interest in the security. This shall be the case if the realisable value of the security exceeds the accounts receivable to be secured by more than 10 % not only temporarily. The choice of security to be released shall be up to the Publishing House.

12. Product Labels

Trade marks, company logos, other labels or proprietary notices, copyright notices, serial numbers and other features intended to identify the Publishing House's products may not be removed or altered.
 

13. Data Protection

13.1 Data is protected in accordance with our Privacy Policy here and can be viewed by following the link.
 

14. Final Provisions

14.1 The Publishing House reserves the right to change the present GT&Cs. The Customer shall be notified in text form of any changes to the Terms and Conditions of Use at least four weeks before they enter into force. For this a reference to the Internet address where the current version can be called up shall suffice. If no objection to the changes is raised within one month following receipt, said changes shall be deemed to have been accepted. If an objection is raised in time the contract shall continue to apply unchanged.

14.2 Only the German law applies to these terms and conditions as well as the relationship between the customer and the Publishing House. Regarding the consumer this choice of law only applies in so far as it does not restrain any binding legislation of the state, in which the consumer has his/her residence or in which s/he commonly stays. The CISG (United Nations Convention on Contracts for the International Sale of Goods) is excluded. Supplements and changes to the agreement need to be made in writing. In the course of business with merchants, corporate bodies under public law or special assets under public law the place of jurisdiction in the case of lawsuits is the place of the Publishing House. If claims of the Publishing House cannot be enforced by summons, the place of jurisdiction in the case of non-merchants is determined by their place of residence. Place of execution is Landsberg.

14.3 In the event that one or more provisions of these GT&Cs is or becomes void, this shall not affect the validity of the remainder of these GT&Cs. The parties undertake to replace the void provision, or the provision which has become void, by such provision as corresponds most to the economic intent and purpose of these GT&Cs or of the corresponding provision. The same shall apply mutandis mutatis to the filling of any lacunae in this contract. In the event of any discrepancy between the English and the German version, the German version of the General Terms and Conditions shall take precedence.
 

15. The Supplier´s Details

ecomed-Storck GmbH
Justus-von-Liebig-Straße 1
86899 Landsberg am Lech
Germany

Company´s registered office (seat): Landsberg am Lech
Registered in the Amtsgericht [Local Court] Augsburg under HRB 29023

VAT ID number: DE298130843
Managing director (Geschäftsführer): Udo Graf, Dr. Karl Ulrich

Tel.                 +49 (0) 81 91 – 125-295
Fax                 +49 (0) 81 91 – 125-526
E-mail            info@ecomed-storck.de
Internet           www.ecomed-storck.de

 



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