General Terms and Conditions
mhp Verlag GmbH
Kreuzberger Ring 46
This is an English courtesy translation of the authoritative German Terms and Conditions. In case of any discrepancies or inconsistencies, the German version will prevail.
1. Scope of application
The following terms and conditions set out by mhp Verlag, which are valid at the time of order, shall exclusively apply to offers and deliveries of subscriptions or brochures from mhp Verlag and products of all kinds (“products”) that are requested via distance sales.
2. Offer, conclusion of contract, delivery reservation
2.1 Webpages and journal advertisements, as well as advertising material of any kinds published by the mhp Verlag, merely represent an invitation to submit an offer. When you place your order, you are entering into a binding offer to conclude the purchase contract. After placing your order, you will receive a message that confirms the receipt of your order by mhp Verlag and which contains the order details (order confirmation). The purchase agreement shall come into effect only if mhp Verlag explicitly accepts the order or effectively complies with the order by sending the goods.
2.2 Should individual journals or products no longer be available, there is no claim for delivery. The mhp Verlag is entitled to make partial deliveries of products. The beginning of delivery for a subscription is the journal’s next first day of sale following the order, provided that, in the judgement of mhp Verlag, the order has been made in time. The retroactive start of a subscription is possible, in consultation with the publisher.
2.3 The timely processing of changes to a subscription, payment method, banking changes, and delivery changes, etc. is guaranteed only if the notification has been received by the reader service at mhp Verlag at least ten days before the desired execution date. When changing your address, please indicate your new address. Any delivery defects should be reported without delay. Mhp Verlag shall be liable for non-deliveries, delayed deliveries or material damage that may occur during the delivery only in accordance with section 9 of these provisions. For late arrival or any missing copies of journals sent abroad, mhp Verlag will not be held liable. A one-time free replacement delivery is available upon written request within four weeks of the journal’s publication.
3. Renewal and cancellation of subscriptions
3.1 The provisions under Section 3.1.1 et seq. shall apply to the renewal of subscriptions and the respective notice periods. In the case of expressly limited-term subscriptions (for example, gift subscriptions), the contract shall end with the agreed contracting party, unless otherwise agreed upon by the end of the contract.
3.1.1 Journal subscriptions are extended by one calendar year, unless prior notice is given up to six weeks before the end of the calendar year.
3.1.2 Subscriptions for database access are extended by 12 months, unless prior notice is given up to six weeks before the end of the reference period (12 months).
3.2 Cancellations or terminations must be made in writing to the mhp Verlag. Please contact us by post, at mhp Verlag GmbH, Kreuzberger Ring 46, 65205 Wiesbaden, or by e-mail at: firstname.lastname@example.org The receipt of the declaration by mhp Verlag is relevant for a timely termination of contract. It is not possible to terminate an agreement before the expiry of an agreed commitment period.
4. Right of Cancellation
RIGHT OF CANCELLATION
You can revoke or cancel your order for a subscription to a journal or for products in writing (e.g. letter, fax, e-mail) and within two weeks (fortnight days) without having to provide any specific reasons for your decision. The grace period begins upon receipt of this instruction in text form, but not before the receipt of the goods by the consignee (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery). The timely dispatch of the cancellation, before the grace period expires, shall suffice for any cancellations. You can use the enclosed sample cancellation form, but this is not obligatory: mhp-Widerrufsformular170227-en The right of cancellation is excluded for CDs, videos and DVDs as well as for software once it has been unsealed or if the packaging has been opened. Other legal grounds are also applicable (§ 312g BGB). The cancellation must be sent to: mhp Verlag GmbH, Kreuzberger Ring 46, 65205 Wiesbaden; or communicated by e-mail: email@example.com; Fax: +49 (0)611 50593-79
In the case of an effective cancellation, the services received by both parties must be returned alongside any benefits taken (e.g. interest). If you are unable to return the received service, in full or in part, or only in a deteriorated condition, you may have to provide us with a value replacement. This does not apply to the transfer of goods, if the deterioration of the goods is due solely to their examination – as would have happened within your store, for example. In addition, you can avoid the obligation upon you to pay a price for any deterioration caused by the intended use of the goods by not using the goods as your own property and by refraining from any action that might impair the goods’ value. Items that can be sent as packages are to be returned at our own risk. You will have to pay for any return costs if the delivered goods match what was originally ordered. Items that cannot be sent as packages will be collected directly from you. Obligations to reimburse payments must be carried out within 30 days. The grace period begins for you when you send in your cancellation notice and for us upon receipt. The above provisions regarding the right of cancellation apply only to contracts with consumers within the meaning of Section 13 of the German Civil Code (BGB), which does not conclude contracts for commercial purposes or for independent professional activities.
If you have requested that the service be commenced during the cancellation period, you must pay us a reasonable amount equal to the proportion of the services already provided to us by the exercise of the right of cancellation with respect to this contract, compared to the total scope of the services provided for in the contract.
End of the cancellation rights policy.
5. Prices, shipping costs, terms of payment
5.1 The prices quoted by the mhp Verlag are final prices in EURO and contain, subject to the following provisions, all price components including statutory value-added tax where applicable. Postage and packaging costs are calculated according to the order. You will be informed separately about the shipping costs incurred. You will find a shipping table under the Shipping costs link.
5.2 The subscription price will be billed in advance for the reference period (for journals, the calendar year applies). Invoices for all subscriptions and for products are due immediately. Should the price increase during the contract period, the new subscription price shall be payable as and when the subscription is to be renewed.
5.3 In principle, subscriptions can be paid for and products purchased by invoice, credit card or direct debit in Germany or by invoice or credit card (Visa, Eurocard/Mastercard/American Express) abroad. For various places of origin, subscriptions or products, the chosen payment methods may be restricted at the discretion of mhp Verlag. In particular, mhp Verlag reserves the right to refuse delivery on invoice without stating grounds.
5.4 Counterclaims by mhp Verlag may be offset only by undisputed or legally binding claims.
6. Delivery, transfer of risk, reservation of proprietary right
6.1 The delivery takes place from the warehouse stock for the customer’s account.
6.2 In the case of a contract with a business owner, the risk passes over to the customer upon delivery from the transporter, otherwise not until the item is handed over.
6.3 Any journals or products supplied by mhp Verlag remain the property of mhp Verlag until all claims by the customer are fulfilled.
6.4 If the customer has created a customer account with this particular purchase or as part of a previous purchase order, digital products will be sent to the specified e-mail address via e-mail or via a download link and/or made available within the respective customer account. The possibility of downloading within the customer account shall exist for as long as the product exists. The publisher is not obliged to provide a download option for more than 30 days. The subsequent creation of a customer account during the course of a later purchase order does not include the purchase of software as a guest customer or with a different customer account and thus does not allow for the downloading of any products within the new customer account if they were ordered and purchased before the current customer account was created.
7. Warranty for products
7.1 Defective products must be sent to the address given in section 4. We kindly ask that you enclose the original invoice.
7.2 In the event of a warranty claim, the statutory provisions shall apply.
8. Data protection
All personal data will be treated confidentially. Only the data required for processing the order shall be saved. For the purposes of credit checks and ongoing credit assessment, the data can be passed onto specialised companies that deal in financial services. You may object to the above-mentioned use of your data at any time by notifying mhp Verlag or by revoking your consent. Please contact us by post at mhp Verlag GmbH, Kreuzberger Ring 46, 65205 Wiesbaden or by e-mail at: firstname.lastname@example.org
For more information, please see Data Protection
9.1 mhp Verlag is liable according to the statutory provisions, under which claims for damages based on wilful intent or gross negligence, including intent or gross negligence carried out by the company’s representatives or vicarious agents, can be asserted. The same applies in the case of a written guarantee relating to the nature of the goods, in the case of any malicious concealment of defects, and to damages resulting from death, injury or impaired health, as well as in the case of liability under the Product Liability Act.
9.2 In addition, mhp Verlag is liable under statutory regulations if a substantial contractual obligation (cardinal obligation) has been violated. The claim for damages is then limited to the foreseeable, typically occurring damage. This claim for damages shall be time-barred within twelve months following delivery. These limitations do not apply to damage claims according to clause 9.1.
9.3 Unless otherwise agreed between the parties, liability is excluded.
9.4 Insofar as the liability of mhp Verlag is excluded or restricted, this also applies to the personal liability of its employees, representatives and vicarious agents.
10. Technical availability
mhp Verlag GmbH guarantees to the customer an availability of the software and the application data of 99.8% on an annual average. This does not include times during which the servers of mhp Verlag GmbH’s provider are unable to access the Internet because of technical issues or other problems that do not fall within mhp Verlag GmbH’s sphere of influence or that of the provider (force majeure, fault of third parties, etc.). This includes those times during which routine maintenance is to be performed.
11. Apps oft the mhp Verlag GmbH
mhp Verlag GmbH offers Applications for iOS and Android.
The apps can be downloaded free of charge. Within the app chargeable downloads are possible. The downloaded issues can also be read offline. The prices for the In-App-Purchases are part of the unique App-description.
11.1 Auto-renewable Subscriptions
Please take into account following information:
- Your iTunes account will be charged as soon as you have confirmed your subscription.
- The subscription will be automatically renewed for another 12-months-period if you do not deactivate prolongation in iTunes user settings at least 24 hours before end of period.
- It is not possible to reject any confirmed subscription.
- All issues which will be released within the confirmed subscription period will be available.
- This also applies to auto-renewable subscriptions within your Google account or other undisclosed or – this time - unknown providers.
12.1 German law applies to the exclusion of international private law and UN sales law. This also applies to orders and deliveries abroad. For registered traders and customers that do not have a general court of jurisdiction in Germany or who have moved their domicile or habitual residence outside of these countries after the conclusion of the contract or whose domicile or habitual residence is not known at the time the action is filed, the court of jurisdiction shall be Wiesbaden (the headquarters of the publishing house) or Hamburg.
12.2 Should individual contractual provisions be or become invalid in whole or in part, the remaining provisions shall remain valid.
12.3 No ancillary oral arrangements exist. Amendments or additions to the terms contained in these conditions must be in writing to be effective. This also applies to this particular clause.
13. Credit card billing
Credit card billing will be carried out by:
24118 Kiel, Germany
Registered office of the company: Kiel
Amtsgericht Kiel HRB 6107
CEO: Carl Frederic Zitscher, Jan Kanieß
Ein Unternehmen der Sparkassen-Finanzgruppe
Terms and Conditions mhp Verlag GmbH: Last updated: 15.08.2017