Standard Terms and Conditions

These Standard Terms and Conditions govern the business relationship between:

SN-Verlag Michael Steinert e.K.
An der Alster 21
20099 Hamburg
Germany
Phone: +49 (0)40 24 84 54 0
Fax: +49 (0)40 24 84 54 34
Email: service@snfachpresse.de
Register court: Amtsgericht Lübeck
Registration number: HRA 296 AH

referred to below as “Provider”, and the customer. The contract language is German. The German version is authoritative.

Sec. 1 Scope

These Terms and Conditions apply to contracts for goods and services of the Provider, in particular trade journals, specialist publications, subscriptions, digital content, advertising/media services and other publishing services, unless otherwise stipulated in the respective offer.

Customers may be consumers within the meaning of Sec. 13 BGB or entrepreneurs within the meaning of Sec. 14 BGB. Individual provisions apply only where they are applicable to the respective customer group.

Deviating, conflicting or supplementary customer terms become part of the contract only if the Provider expressly agrees to them in writing.

Sec. 2 Offer and conclusion of contract

The presentation of products and services on the website, in media data, price lists or other documents does not constitute a legally binding offer unless expressly designated as a binding offer.

For online orders, the customer submits a binding offer by sending the order. Before sending, the customer can review and correct the entries. The contract is concluded when the Provider accepts the order, in particular by order confirmation, provision of the service, shipment of goods or invoicing.

If a contract is concluded outside an online ordering process, conclusion of contract is governed by the respective offer and declaration of acceptance by the customer or the Provider.

The contract text is stored only to the extent indicated in the respective ordering process or offer. The customer should save or print the contract documents and these Terms and Conditions for their records.

Sec. 3 Services, subscriptions and custom-made products

The specific scope of services is determined by the respective product description, offer, order confirmation, media data or other contractual documents.

For subscriptions, term, delivery start, subscription period, cancellation period and any renewals are determined by the respective offer or ordering process. These details must be clearly displayed in the ordering process.

If a free sample copy is offered for trade journals, this means the one-time free delivery of a sample issue. Requesting a sample copy does not create a paid subscription, payment obligation or obligation to return the sample copy. The Provider may limit sample copies in particular to one copy per person, company or delivery address and may reject requests in individual cases.

Custom-made products, individualized services, advertisements, special prints, digital content and comparable services may be subject to special terms. These must be transparently indicated in the respective offer or ordering process.

Sec. 4 Prices, payment and default

The prices stated at the time of ordering apply. Whether prices include VAT, shipping costs or other ancillary costs is determined by the respective offer or ordering process.

Free sample copies are sent free of charge unless otherwise stated in the respective offer.

Invoices are payable immediately upon receipt without deduction unless otherwise agreed. The Provider accepts the payment methods indicated in the respective ordering process or offer.

If the customer defaults on payment, the statutory default provisions apply. Consumers may be charged default interest of five percentage points above the base interest rate; entrepreneurs may be charged nine percentage points above the base interest rate. The right to claim further default damages remains reserved.

Sec. 5 Delivery and transfer of risk

Deliveries are made to the delivery address provided by the customer. Delivery dates are binding only if expressly confirmed as binding.

For consumers, the risk of accidental loss and accidental deterioration passes to the customer only upon handover of the goods. For entrepreneurs, the risk passes upon handover to the transport company or other person designated to carry out shipment.

For digital content or digital services, provision is governed by the information in the respective offer or ordering process.

Sec. 6 Retention of title

Delivered goods remain the property of the Provider until full payment has been made. In relation to entrepreneurs, retention of title remains in effect until all claims arising from the ongoing business relationship have been paid in full, to the extent permitted by law.

Sec. 7 Right of cancellation for consumers

Consumers may have a statutory right of cancellation in distance selling contracts. Details, deadlines, exceptions and consequences of cancellation must be provided in separate, current cancellation instructions including a model cancellation form where legally required.

Free sample copies do not create a payment obligation. Returning the sample copy is not required unless expressly agreed otherwise.

Depending on the product or service, statutory exceptions or special requirements may apply, for example for newspapers, periodicals and magazines, non-prefabricated goods made to customer specifications, digital content or services already fully performed.

Entrepreneurs do not have a statutory consumer cancellation right.

Sec. 8 Warranty

Statutory warranty rights apply unless validly agreed otherwise below. Statutory warranty rights of consumers are not restricted by these Terms and Conditions.

In relation to entrepreneurs, the Provider may initially provide subsequent performance at its discretion by remedying the defect or delivering a replacement. Statutory inspection and complaint obligations of entrepreneurs remain unaffected.

Sec. 9 Liability

The Provider is liable without limitation for damage resulting from injury to life, body or health, for damage under the German Product Liability Act, where a guarantee has been assumed, and in cases of intentional or grossly negligent breach of duty.

In the event of slightly negligent breach of essential contractual obligations, the Provider’s liability is limited in amount to the typical, foreseeable damage. Essential contractual obligations are obligations whose fulfilment is necessary for proper performance of the contract and on whose compliance the customer may regularly rely.

Otherwise, liability is excluded to the extent permitted by law. The above liability provisions also apply in favour of the Provider’s legal representatives, employees and vicarious agents.

The Provider is not responsible for content of external websites linked to unless the Provider is aware of unlawful content. If corresponding legal violations become known, links will be reviewed and removed where appropriate.

Sec. 10 Data protection

Information on the processing of personal data can be found in our Privacy Policy. Where additional personal data is processed in connection with orders, subscriptions, sample copy requests or other inquiries, these processes must be reflected in the Privacy Policy.

The use of published contact data by third parties for sending unsolicited advertising is objected to. The Provider reserves the right to take legal action in the event of unsolicited advertising.

Sec. 11 Copyright and rights of use

The Provider’s content and works are subject to German copyright law. Any use beyond statutory limits requires prior consent of the respective rights holder.

Where rights of use are granted to the customer, type, scope, duration and territory of the grant of rights are determined by the respective offer or contract.

Sec. 12 Applicable law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law applies only to the extent that it does not restrict mandatory consumer protection provisions of the country in which the consumer has their habitual residence.

If the customer is a merchant, a legal entity under public law or a special fund under public law, Hamburg is the place of jurisdiction for all disputes arising from or in connection with the contractual relationship. The Provider remains entitled to sue the customer at the customer’s general place of jurisdiction.

Sec. 13 Final provisions

If individual provisions of these Terms and Conditions are or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provisions shall replace the invalid provision.