Terms and Conditions

§ 1 General, Scope of General Terms and Conditions

1. All deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of order.
2. Contractual partner is Fachverlag Hans Carl GmbH, Andernacher Straße 33a, 90411 Nuremberg, Germany, phone: +49 911 95285 0, e-mail: mebak[at]hanscarl.com (hereinafter referred to as “Seller”)
3. Customers within the meaning of these Terms and Conditions may be both consumers and traders (hereinafter referred to as "Customer"). Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts predominantly for a purpose that can be attributed neither to their commercial nor to their professional activity. Traders within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the Seller, act in the exercise of their commercial or self-employed professional activity.

§ 2 Entering into contract, initiating contract

1. Our offer is obligatory. With your order you accept our offer to conclude a contract. The contract is concluded with the dispatch of your order to us. You will receive an order confirmation by e-mail.
2. When you have found the subscription you want, you can add it to the shopping cart by clicking the [Select] button.In the course of the further ordering process, you set up a customer account at us for your first purchase and select the payment method. In the last step, you will receive an overview of your order data under "3. Order & Payment" and can check all details again and change them if necessary. You can also correct input errors by navigating backwards in the browser or canceling the order process and starting again. To complete the purchase, you must accept our terms and conditions and press the button [order with obligation to pay]. This will send the order to us.

§ 3 Storing the contract text

We store your order, the entered order data and the entire contract text. We will send you an order confirmation by e-mail with all order data and the entire contract text. You have an opportunity to print out the order as well as the General Terms and Conditions before sending us the order. Using your customer account, you have access to orders that you placed at all times.

§ 4 Right of cancellation for consumers

The following right of withdrawal only applies to consumers in distance selling

Cancellation 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 of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (Fachverlag Hans Carl GmbH, Andernacher Straße 33a, 90411 Nuremberg, Germany phone: +49 911 95285-0, e-mail: mebak[at]hanscarl.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You can 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 revocation
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.

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

§ 5 Sample cancellation form

(If you wish to cancel the contract, please complete and return this form)

To
Fachverlag Hans Carl GmbH
Andernacher Straße 33a
90411 Nuremberg
Germany
Phone: +49 911 95285-0
E-mail: mebak[at]hanscarl.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

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

Date
(*) Delete where inapplicable
 

§ 6 Early exclusion of the right of withdrawal

If you want us to start executing the contract before the revocation period has expired and expressly agree, you lose the right of revocation at the beginning of the execution of the contract.

§ 7. Prices

1. All prices include the German statutory value added tax.

2. There are no shipping costs.

§ 8 Payment conditions

1. Payment can be made by PayPal, credit card (VISA, Mastercard) or, within Germany, also by invoice. We reserve the right to exclude individual payment methods. The invoice amount is to be transferred to our account within 10 days. When paying by PayPal or credit card, you will be directed directly from the ordering process to the payment pages and make the transfer.

§ 9 Contract term of subscriptions and cancellation

1. Student and annual subscription: The contract is concluded for a period of 12 months. The contract ends after 365 days without the need for cancellation. The customer can then conclude a new contract.
2. Trial subscription: The contract is concluded for a period of 2 months and then ends automatically.
3. All contracts for subscriptions have a fixed term and end without the need for cancellation. Extraordinary notices of termination shall be sent by e-mail to mebak[at]hanscarl.com or by letter to the address of Fachverlag Hans Carl GmbH.

§ 10 Obligations of the Customer and access data

1. All access data are individualized and may only be used by the respective authorized customer. The customer is obliged to keep the login and password secret and to protect them from unauthorized access by third parties.
2. In the case of suspected misuse by a third party, the Customer will inform us of this immediately. As soon as we become aware of the unauthorized use, the access of the unauthorized Customer’s access will be blocked. We reserve the right to change the login and password of an user; in such a case, the user will be informed immediately.
3. The user is responsible at his own expense and risk for providing and securing access to the internet and the software and technical equipment necessary for the use of the offer.

§ 11 Availability

A claim to the use of the information pool on https://www.mebak.org only exists within the scope of our technical and operational capabilities. We endeavour to ensure uninterrupted usability of our services. However, temporary restrictions or interruptions may occur due to technical disruptions (such as loss of power, hardware and software errors, or technical problems with the data lines).

§ 12 Rights of use

1. The Customer's right of use of the information pool on https://www.mebak.org is limited to simple, temporally limited access as well as to the use of the respective services and content available on https://www.mebak.org within the scope of the provisions of these GTC.
2. Unless otherwise expressly permitted in these GTC or on https://www.mebak.org, or made available by a corresponding functionality (e.g. download button) on https://www.mebak.org, the Customer is only permitted to use the available content for personal use. This right of use is limited to the duration of the subscription. A passing on to third parties is not permitted. The Customer is expressly prohibited from editing, altering, translating, displaying or presenting, publishing, exhibiting, reproducing or distributing the content available on https://www.mebak.org in whole or in part. It is also prohibited to remove or modify copyright notices, logos and other trademarks or protective notices.
3. Any further rights to the content may be requested by e-mail to mebak[at]hanscarl.com.
4. The Customer is only entitled to download content as well as to print out content as far as an option to download or print exists as a functionality on https://www.mebak.org (e.g.: with a download button).

§ 13 Warranty

1. If you are a consumer, we are liable for damages according to the statutory provisions.
2. If you place your order with us as a trader, the following shall apply in case of our contractual liability for damages according to paragraph (2) to paragraph (7):
   a) If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions.
   b) Insofar as we or our representatives or vicarious agents have breached an obligation through slight negligence, the fulfillment of which is a prerequisite for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which the customer regularly relies on, liability shall be limited to the foreseeable, typically occurring damage.
   c) Unless otherwise stipulated under letters a) and b), our liability for damages shall be excluded. The same shall also apply insofar as recourse claims are asserted against us as suppliers pursuant to § 478 German Civil Code (BGB).
3. The exclusions and limitations of liability under paragraph (2) shall also apply to other claims, in particular tort claims or claims for reimbursement of futile expenses instead of performance.
4. The exclusions and limitations of liability under paragraph (2) shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They shall also not apply insofar as we have assumed a guarantee for the quality of our goods or a performance outcome or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.
5. Unless the limitation of liability pursuant to paragraph (2) applies in the case of claims arising from producer liability pursuant to § 823 German Civil Code (BGB), our liability shall be limited to the compensation paid by the insurance company. Insofar as this does not occur or does not occur completely, we shall be liable up to the amount of the sum insured. This clause shall not apply in the event of culpable injury to life, limb or health.
6. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.
7. Eine Umkehr der Beweislast ist mit den vorstehenden Regelungen nicht verbunden.

§ 14 Customer service

If you have any questions, complaints or claims, please contact us. our Customer Service is available Monday to Thursday from 7.30 a.m. to 5.00 p.m. and Friday from 7.30 a.m. to 1.00 p.m. Phone +49 911 95285-31, e-mail: mebak[at]hanscarl.com.

§ 15 Applicable law, place of jurisdiction

1. German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
2. In the case of customers who conclude the contract for a purpose that cannot predominantly be attributed to professional or commercial activity (consumers), this choice of law shall not affect the mandatory provisions of the law of the state in which the customer has his habitual residence.
3. For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company in 90411 Nuremberg, Germany.
4. The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure of the consumer arbitration boards.

§ 16 Miscellaneous

1. Contract languages are German and English.
2. Should one or more provisions of these General Terms and Conditions be invalid, the remainder of the contract will remain effective. If provisions are invalid, the contents of the contract shall be interpreted by statutory regulations.