General Terms and Conditions

Terms and Conditions for the Webshop

(Last revised: 02 October 2023)

A General provisions

1. Scope and definitions

1.1 These Terms and Conditions ("T&C") apply to contracts for all goods, digital content and services sold through this webshop.

1.2 Definitions

1.2.1 Consumer and entrepreneur

• “Entrepreneur” means a customer for whom the order is part of the operation of their business.
• “Consumer” means a customer for whom this does not apply.
• “Enterprise” means any permanent organisation of independent economic activity, even if it is not for profit. Legal entities under public law are always considered entrepreneurs.

1.2.2 “Publisher” refers to the company which – depending on the customer’s country – becomes the customer’s contractual partner pursuant to clauses 2 to 4.

1.3 Applicable provisions

1.3.1 Sections A, B, C and D of these T&C

• This Section A applies to all customers.
• For consumers, Section B additionally applies.
• For entrepreneurs, Section C additionally applies.
• Provisions that apply only to certain products of the publisher are contained in section D.

1.3.2 Other contractual terms

Apart from these T&C, the “Terms of Use for the Website and the User Account” apply to the use of the webshop.

1.3.3 Cogent statutory consumer protection provisions

Irrespective of the governing law agreed in accordance with clauses 2 to 4, the following applies: If the customer is a Consumer, the agreement on the governing law does not deprive them of the protection of the statutory provisions of the country of their habitual residence which may not be derogated from by agreement.

1.4 The publisher expressly objects to the application of any terms and conditions of the customer. Such terms and conditions shall only become part of the contract if the publisher has expressly accepted them prior to the conclusion of the contract.

1.5 Should any provision of these T&C be invalid, the remaining provisions shall remain unaffected. In such a case, the parties shall negotiate in good faith on replacing the invalid provision with a provision which reasonably reflects the interests of the parties.

2. Provisions for customers from Germany

For customers ordering from Germany, the following applies:

2.1 The contracting party is: Helbling Verlag GmbH, Martinstraße 42-44, 73728 Esslingen am Neckar, Germany; phone: +49 (711) 758701-0; e-mail: service [at] helbling.com

2.2 Customer service is available at the contact details given in clause 2.1.

2.3 Starting from an order value of EUR 85.00, the publisher delivers free of charge to private customers in Germany.

2.4 The contract shall be governed by the laws of the Federal Republic of Germany – subject to clause 1.3.2 – to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

3. Provisions for customers from Switzerland, Liechtenstein, Büsingen and Livigno

For customers ordering from Switzerland, Liechtenstein, Büsingen (Germany) and Livigno (IT), the following applies:

3.1 The contracting party is: Helbling Verlag AG, Aemmenmattstrasse 43, 3123 Belp, Switzerland; phone: +41 (31) 812 22 28; e-mail: mail [at] helbling.com

3.2 Customer service is available at the contact details given in section 3.1.

3.3 The publisher charges shipping costs according to the weight of the shipment, always plus 2.5 % or 7.7 % VAT for shipping to Switzerland:

• CH-Economy up to 2 kg: Fr. 7.50
• CH-Economy up to 10 kg: Fr. 10.50
• CH-Economy up to 30 kg: Fr. 21.50

Starting from an order value of Fr. 200.00, the publisher delivers to private customers free of postage.

3.4 If the value of returned good does not exceed Fr. 200.00, the customer shall bear the cost of return, unless the delivered goods do not comply with the order. If the value of the returned goods exceeds Fr. 200.00, we ask the customer to prepay the return and deduct the prepaid postage when settling the invoice.

3.5 The contract shall be governed by the laws of the Swiss Confederation – subject to section 1.3.2 – to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

4. Provisions for customers in Austria and other countries

For customers ordering from Austria or any country/territory other than those mentioned in clauses 2 and 3, the following shall apply:

4.1 The contracting party is: Helbling Verlagsgesellschaft m.b.H., Kaplanstrasse 9, 6063 Rum/Innsbruck, Austria; phone: +43 (512) 262333-0; e-mail: office [at] helbling.com

4.2 Customer service is available at the contact details given in section 4.1.

4.3 Starting from an order value of EUR 85.00 EUR, the publisher delivers free of charge to private customers in Austria.

4.4 Contracts with customers from Austria and countries not mentioned in clauses 2 and 3 shall be governed by the laws of the Republic of Austria shall – subject to clause 1.3.2 – to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

5. Conclusion of the contract in the webshop

5.1 Contracts can be made in German or in English.

5.2 The presentation of the items is not a binding offer. The customer makes a binding offer to conclude a contract by placing their order.

5.3 The customer can use the “Add to cart” button to add items to the shopping cart, the content of which they can review at any time, without obligation. The customer can change the order quantity for individual items and remove items from the shopping cart again.

5.4 A User account is required for making an order. An account can also be created in the course of the first order. After entering the billing address, delivery address (if applicable) and payment details, the customers can review the content of their order. Only when the customer triggers the button “Pay and complete purchase”, they place a binding order. Up to this point, the customer can change their input or cancel the order process at any time.

5.5 The publisher shall send the customer a confirmation of receipt by e-mail immediately after receipt of the order. This confirms only that the order has been received, but is not an acceptance of the order.

5.6 The contract is only concluded when the publisher expressly accepts the order, otherwise tacitly through the delivery of the ordered items or through the activation of a digital content (downloads, e-books, etc.). Notwithstanding the foregoing, if the customer is obligated to make an advance payment, the contract shall be concluded immediately upon receipt of the order.

5.7 The publisher does not store the contract. However, the T&C can be viewed on the website. The customer can view the content of their order in their user account.

6. Delivery/performance of contract

6.1 Orders will be processed as quickly as possible. The delivery of deliverable items or the activation of a digital content shall take place within 2 to 7 working days, book shipments may take up to 10 working days.

6.2 If an ordered item is not in stock, the publisher will notify the customer immediately. In this case, the customer is entitled to give notice of cancellation of the contract (in whole or in part) to the publisher within two weeks after such notification in writing (fax or e-mail is sufficient). The publisher shall immediately refund any purchase price already paid for the relevant items.

6.3 The publisher may make partial deliveries if the customer can be reasonably expected to accept them. Any additional costs shall be borne by the publisher.

6.4 All ordered products will be sent directly to the delivery address provided by the customer. Any delivery costs will be shown to the customer before submitting their order. If and to the extent that taxes and customs duties are incurred due to shipment to a specific country requested by the customer, the customer shall bear these taxes and duties alone.

6.5 Until the purchase price has been paid in full by the customer, title to the delivered goods shall remain vested in the publisher.

7. Prices and terms of payment

7.1 All prices include the currently applicable sales tax or value added tax.

7.2 Discounts will not be granted for orders in the webshop unless they are explicitly described in an offer and/or a product description. Please contact our sales department if you are eligible for discount and cannot redeem this discount in the webshop.

7.3 The customer agrees that invoices for orders in the webshop will be sent by e-mail. An invoice on paper will only be sent upon express request.

7.4 Payment can be made via PayPal or via Stripe using a credit card (Mastercard, Visa, American Express). The chosen means of payment will be charged immediately upon receipt of the order.

7.5 Unless otherwise agreed, invoices are payable without discount within 14 days of receipt. In the event of late payment, all expenses for reminders and collection shall be reimbursed.

8. Warranty and liability

8.1 The statutory warranty provisions shall apply. Claims based on defective performance may be raised within 24 months from the delivery of goods or the activation of a digital product.

8.2 If the goods delivered to the customer are defective, the publisher shall remedy the defect or deliver a replacement. If the rectification of defects or a replacement delivery is not possible within a reasonable period of time, the customer may either reduce the purchase price or withdraw from the contract. The publisher shall be liable for the absence of warranted features of a product.

8.3 The publisher shall only be liable for intentional or grossly negligent breaches of contractual obligations. This limitation shall not apply in the event of a breach of material contractual obligations, i.e., obligations the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner regularly relies on and may rely on. In the event of slight negligence, liability shall be limited to the loss which is typical and foreseeable, which as a rule will not exceed the purchase price and which shall be limited to damage to the ordered goods.

8.4 Liability for culpable damage to life, limb and health as well as liability under the Product Liability Act shall remain unaffected in any case.

9. Privacy

We respect the privacy of our customers and are committed to data protection. Please see our privacy policy to find out how we ensure the protection of our customers’ data.

B. Additional special provision for Consumers

9.1 Out-of-court dispute resolution

The European Commission provides a platform for online dispute resolution, which is available at http://ec.europa.eu/consumers/odr/. We are not obligated by law to participate in dispute resolution procedures before Consumer arbitration boards and we do not voluntarily commit ourselves to doing so.

9.2 Right of withdrawal (right of revocation)

When placing an order in the webshop or via another means of distance communication (e.g., by phone, e-mail or letter), Consumers have a 14-day right of withdrawal.

9.3 The right of withdrawal does not apply to contracts concerning

• data carriers, product accesses or codes (e.g. for audio and video recordings, software, e-books, e-learning content, other downloads, streams) that are delivered in a sealed package, provided that their seal has been removed after delivery;
• newspapers, magazines or periodicals with the exception of subscription contracts for the delivery of such publications (i.e., when ordering individual issues/periodicals);
• the provision of incorporeal digital content if the publisher has commenced performance of the contract prior to the expiry of the withdrawal period and the customer has expressly consented thereto, confirming that they thereby lose their right of withdrawal in the event of premature commencement of performance of the contract;
• services if the publisher has commenced performance of the service before the expiry of the withdrawal period and has then performed the service in full and the customer has expressly requested this and confirmed in doing so that he loses his right of withdrawal upon full performance of the contract.

9.4 For a contract for a good or goods supplied as part of a single delivery:

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us

• for customers from Germany: Helbling Verlag GmbH, Martinstraße 42-44, 73728 Esslingen am Neckar, Germany; Phone: +49 (711) 758701-0; e-mail: service [at] helbling.com
• for customers from Switzerland, Liechtenstein, Büsingen, Livigno: Helbling Verlag AG, Aemmenmattstrasse 43, 3123 Belp, Switzerland; Phone: +41 (31) 812 22 28; e-mail: mail [at] helbling.com
• for customers from Austria and other countries: Helbling Verlagsgesellschaft m.b.H., Kaplanstrasse 9, 6063 Rum/Innsbruck, Austria; phone: +43 (512) 262333-0; e-mail: office [at] helbling.com

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website at www.helbling.at/withdrawal. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g., by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us of the person authorised by you to receive the goods], without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

9.5 For a contract for a good or goods ordered uniformly and delivered separately:

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us

• for customers from Germany: Helbling Verlag GmbH, Martinstraße 42-44, 73728 Esslingen am Neckar, Germany; Phone: +49 (711) 758701-0; e-mail: service [at] helbling.com
• for customers from Switzerland, Liechtenstein, Büsingen, Livigno: Helbling Verlag AG, Aemmenmattstrasse 43, 3123 Belp, Switzerland; Phone: +41 (31) 812 22 28; e-mail: mail [at] helbling.com
• for customers from Austria and other countries: Helbling Verlagsgesellschaft m.b.H., Kaplanstrasse 9, 6063 Rum/Innsbruck, Austria; phone: +43 (512) 262333-0; e-mail: office [at] helbling.com

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website at www.helbling.at/withdrawal. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g., by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

9.6 For contracts for the regular delivery of goods (i.e. subscriptions to a print magazine):

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.

To exercise the right of withdrawal, you must inform us

• for customers from Germany: Helbling Verlag GmbH, Martinstraße 42-44, 73728 Esslingen am Neckar, Germany; Phone: +49 (711) 758701-0; e-mail: service [at] helbling.com
• for customers from Switzerland, Liechtenstein, Büsingen, Livigno: Helbling Verlag AG, Aemmenmattstrasse 43, 3123 Belp, Switzerland; Phone: +41 (31) 812 22 28; e-mail: mail [at] helbling.com
• for customers from Austria and other countries: Helbling Verlagsgesellschaft m.b.H., Kaplanstrasse 9, 6063 Rum/Innsbruck, Austria; phone: +43 (512) 262333-0; e-mail: office [at] helbling.com

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website at www.helbling.at/withdrawal. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g., by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

9.7 For a contract for the delivery of digital content that is not delivered on a data carrier (i.e. e-books, audio and music recordings, software, e-learning content, other downloads, streams) applies:

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us

• for customers from Germany: Helbling Verlag GmbH, Martinstraße 42-44, 73728 Esslingen am Neckar, Germany; Phone: +49 (711) 758701-0; e-mail: service [at] helbling.com
• for customers from Switzerland, Liechtenstein, Büsingen, Livigno: Helbling Verlag AG, Aemmenmattstrasse 43, 3123 Belp, Switzerland; Phone: +41 (31) 812 22 28; e-mail: mail [at] helbling.com
• for customers from Austria and other countries: Helbling Verlagsgesellschaft m.b.H., Kaplanstrasse 9, 6063 Rum/Innsbruck, Austria; Phone: +43 (512) 262333-0; e-mail: office [at] helbling.com

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website at www.helbling.at/withdrawal. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g., by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

9.8 For a contract for a service (e.g. events, webinars) applies:

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us

• for customers from Germany: Helbling Verlag GmbH, Martinstraße 42-44, 73728 Esslingen am Neckar, Germany; Phone: +49 (711) 758701-0; e-mail: service [at] helbling.com
• for customers from Switzerland, Liechtenstein, Büsingen, Livigno: Helbling Verlag AG, Aemmenmattstrasse 43, 3123 Belp, Switzerland; Phone: +41 (31) 812 22 28; e-mail: mail [at] helbling.com
• for customers from Austria and other countries: Helbling Verlagsgesellschaft m.b.H., Kaplanstrasse 9, 6063 Rum/Innsbruck, Austria; Phone: +43 (512) 262333-0; e-mail: office [at] helbling.com

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website at www.helbling.at/withdrawal. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g., by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

9.9 Withdrawal form

The online withdrawal form or the following sample withdrawal form can be used to declare withdrawal, or the Consumer can formulate the withdrawal declaration himself. The publisher will also treat the return of goods without comment within the withdrawal period as a declaration of withdrawal.

C. Additional special provisisons for entrepreneurs

10. Bookseller

10.1 The customer undertakes to adhere to the fixed retail price. In particular, the customer undertakes not to make sales to end consumers at prices below the fixed retail price and to sell books with fixed prices to resellers only if this contractual obligation is also imposed on the reseller.

10.2 Delivered goods for which a right of return was granted shall accepted only if returned within the agreed period and in perfect condition. Returned goods for which no right of return was granted will only be accepted if return has been requested and confirmed.

11. Delivery and notice of defects

11.1 Delivery is are made at the expense and risk of the customer. The publisher shall take all precautions when assorting and packing the ordered goods.

11.2 The customer shall inspect delivered goods immediately upon receipt of the shipment. Complaints regarding content or packaging of the delivery must be sent to the publisher within eight days of receipt, stating the invoice number and the customer number. Later complaints will not be accepted, unless the defect could not have been detected by inspection.

12. Objections to invoices

Objections to an invoice must be raised in writing within 14 days of the invoice date, otherwise the invoice shall be deemed accepted.

13. Offsetting and retention

The entrepreneur shall not be entitled to set off any counterclaims against claims of the publisher or to exercise a right of retention. This does not apply if the counterclaim results from warranty rights.

14. Venue

The Parties agree to subject to the exclusive jurisdiction of the courts at the publisher’s place of business. The publisher may also litigate at the customer’s place of business.
D. Special provisions for certain products

15. Subscriptions

15.1 Term

15.1.1 The term of a magazine subscription shall be at least one year.

15.1.2 The term shall extend for an indefinite period of time if the customer has not given one month’s notice of termination before the end of the minimum term. Notice of termination must be given in writing or in text form (e.g. by e-mail).

15.2 Subscription price

15.3 The subscription price, including shipping costs, shall be due at the beginning of each contract year. If, after the automatic extension of the contract for an indefinite period of time, the customer does not give notice of termination of the contract at the end of a billing period but earlier, the publisher shall immediately refund the subscription price paid in advance on a pro rata temporis basis.

15.4 Bundled subscription (digital subscription)

15.4.1 In the case of bundled subscriptions that include access to online content in addition to the delivery of the magazine, the provisions for digital content (clause 16) also apply.

15.5 Trial versions

15.5.1 The digital “trial versions” are available free of charge for a one-time trial period of 4 weeks to customers who want to find out more about the content of the magazines.

15.5.2 If the customer neither gives notice of termination nor orders a print subscription during this period, the trial version will automatically be converted into a regular "bundled subscription (single user license)" after the trial period.

16. Digital content

16.1 User account

16.1.1 A user account may be required to access paid digital content, including content purchased as part of a bundled product consisting of print content and content purchased online.

16.1.2 For certain products, in particular software, a license key may also be required.

16.2 The publisher may also make content which is free of charge, but intended only for teachers, available only to holders of a user account who have also provided evidence of the fact that they are teachers.

16.3 Technical requirements

The customer is responsible for having Internet access in order to access the digital content. Where software or audio-visual content has special technical hardware requirements or content is only compatible with certain devices, this will be indicated in connection with the relevant product.

16.4 Copyright

16.5 The content of print products as well as software and other digital content is protected by copyright.

16.6 The customer may not reproduce, distribute or make available to the public any content, either in digital form (e.g., PDF or MP3 files) or in analogue form (e.g. copy from the magazine), unless copyright law expressly permits such use or the customer has acquired a right of use.

16.7 General provisions on rights of use

16.7.1 Online content will be available to the customer only during the term of their subscription. The customer is responsible for making a permanent backup copy of PDF files, if desired, using the export function, where this function is offered. At the end of the term, the right to access such content shall expire as well. In case of data loss at the end of the customer, the customer will not be entitled to receive a substitute.

16.7.2 Rights of use are, as a rule, granted for a limited term. In the case of a subscription, the term of the subscription shall be applicable (clause 16.7.1). In all other cases, the licence terms specified for the respective product shall apply.

16.7.3 The customer’s right of use shall only arise upon payment of the due purchase price or subscription price. If during the term of a subscription due payments have not been made, the right to use the relevant content shall be suspended until the outstanding amount has been settled.

16.7.4 If the right of use has not arisen or has been suspended, the publisher may refuse to activate the content or deactivate it.

16.8 Scope of rights of use

16.8.1 “Authorised User” means either the customer himself or, if the customer is a school or another organisation or the customer is a parent purchasing Content for their child, the natural person designated by the customer (student, teacher, staff member, or the child, respectively).

16.8.2 Digital content such as e-books and online content which is provided via the web browser or apps may be viewed only by the authorised user and may be used only for their own personal use or, in the case of content intended for teachers, for their school’s internal purposes. This means that any use outside of teaching and the preparation of teaching, making excerpts from content, making separate use of content or making content public, including excerpts or modified content, is not permitted.

16.8.3 Further rights of use exist only if they have been expressly granted, e.g., by stating that a teacher may edit teaching material or by dedicating content for a specific purpose of use, e.g., if content is designated as a template for making copies.

16.8.4 Where customer have modified content, they shall be responsible for any use of such modified content. The publisher shall be liable only for any defects of the original content.

16.8.5 Where content is used within the scope of such extended rights of use, the provisions of copyright law must be complied with nevertheless, in particular the obligation to indicate the source and/or to credit authors. It is not permitted to omit or obscure any copyright notices.

16.9 Rights of use for software

16.9.1 The authorised user may install and use the software on their own device or a school-owned device.

16.9.2 Unless specified otherwise for the product, any licence shall be a single-user licence which permits installation on only one device and use solely by the authorized user himself. Backup copies may be made only to the extent permitted by law.

16.10 In the case of a single-user licence, the authorized user may not let third parties use the software or tolerate its use by third parties, and in particular they may not pass on their access data or licence keys.

16.11 The customer may assign their right to use software in its entirety to as assignee. The assignee must accept the licence terms and the customer may not retain any copies after transferring the software.

16.12 Apart from the foregoing, any transfer of the software to third parties is not permitted.

17. Availability of online content and online services

17.1.1 The publisher warrants availability for an average 98% of the time on a monthly basis. Scheduled downtime for maintenance and software updates will be scheduled for times when traffic is low whenever possible.

17.2 The publisher may refine its content and services. If any such revision restricts the customer’s possibilities of use, the customer has a statutory right to terminate the contract, which right the publisher will point out when implementing such revision. This right does not exist if the publisher continues to provide, in addition to the revised version, the existing version of the content or services to the customer.