GENERAL TERMS AND CONDITIONS
1. Provider and Contracting Party
The website is provided by
Vulkan-Verlag GmbH
Friedrich-Ebert-Straße 55
45127 Essen
Germany
Managing Director: Jürgen Franke
Phone: +49 201 820 02-0
Fax: +49 201 820 02-40
Email: info@vulkan-verlag.de
Website: www.vulkan-verlag.de
Company headquarters: Essen
Commercial Register: Essen Local Court, HRB No. 28756
VAT ID Number: DE 812 959 878
2. Scope, Definitions
These General Terms and Conditions (GTC) apply to all products from the publishers listed above. The business relationship between us, Vulkan-Verlag GmbH (hereinafter referred to as “Publisher” or “we”), and you, the user of our website (hereinafter referred to as “you,” “customer,” or “user”), is governed exclusively by the following General Terms and Conditions.
The Terms and Conditions in effect at the time the contract is concluded apply. The publishers may update or amend the Terms and Conditions from time to time.
The following applies to subsequent amendments to the Terms and Conditions within the framework of an existing contractual relationship: The publishers will notify users of the planned amendment in a timely manner. If the user does not object to the amendment within 4 weeks, this shall be deemed consent to the amended Terms and Conditions. When notifying users of the planned changes, the publishers will specifically draw their attention to this consequence of silence on the user’s part. If the user objects to the change in the Terms and Conditions, the publishers are entitled to terminate the contract for cause; any fees paid in advance will be refunded on a pro-rata basis by the publishers in the event of termination.
Furthermore, the current privacy policy forms part of this agreement; it is available at: https://www.vulkan-shop.de/privacy-policy-cookie-restriction-mode/
Any conflicting or deviating terms and conditions will not be recognized unless we expressly agree to their validity in writing. The following Terms and Conditions shall apply exclusively even if we carry out the delivery and service without reservation while being aware of terms and conditions that conflict with or deviate from the following Terms and Conditions.
3. Contract Formation and Shipping Terms for the Online Store
You can add an item to your virtual shopping cart by clicking the “Add to Cart” button on the product detail page. You can view the contents of your shopping cart at any time by clicking the shopping cart icon in the upper-right corner of the browser window. There, you can change the quantity or remove the item from your shopping cart. Click the “Proceed to Checkout” button to begin the ordering process. You can log in with an existing account, create a new account, or enter your information without registering. You can then select a shipping and payment method and review your order one more time. You can go back at any time to correct your entries or cancel the order by closing the browser window. You do not submit a binding order until you accept these terms and conditions by checking the corresponding checkbox and clicking the order button.
You will receive an email at the address you provided confirming that your order has been received. This does not constitute acceptance of the order. A sales contract is not formed until the publishers expressly accept the order or tacitly accept it by delivering the goods or making a download available/delivering it to the MediaCenter.
Items offered in the online store are generally in stock and will be delivered within the timeframe specified on the product detail page. If, contrary to the stated delivery status, an item is unavailable or delayed, we will notify you promptly by email or mail. Delivery will take place once the product arrives in stock or becomes available.
You will receive the books, magazines, and eBooks you have ordered through our publishers’ shipping services. To make things easier for both you and us, we will send books or magazines ordered from publishers in a single shipment with a single invoice whenever possible. However, for logistical reasons, you may receive multiple partial shipments on different days. There are no additional costs for this. Please understand that we do not ship goods on Sundays or holidays. Downloads can usually be accessed immediately after your order is accepted.
4. Prices
Books and magazines (print and digital) are subject to statutory price fixing. Discounts and other deductions cannot be granted. In justified cases, we reserve the right to fulfill orders upon advance payment or cash on delivery.
Regardless of the order date, we charge the prices in effect at the time of delivery. For conditional deliveries, we reserve the right to adjust prices until the date of the final invoice.
To the extent that the purchaser resells our publishers’ works to other retailers, the purchaser must require them to comply with the list prices in the same manner.
The prices listed include the applicable sales tax. The corresponding shipping costs are indicated to the customer on the order form.
5. Ordering and Delivery
Goods are shipped by mail. All shipping costs are borne by the customer, unless the shipment is, in exceptional cases, postage-free. The publishers assume no liability for delays caused by the postal service or during transit. Damage incurred during transit must be confirmed by the delivery agent within 5 days at the latest. In the customer’s own interest, damage incurred during transit should be noted in the presence of the delivery agent, reported to the carrier (postal service, railroad, freight forwarder, commission agent, etc.), and resolved with that carrier. The publishers bear the risk of loss during shipping if the customer is a consumer.
The delivered goods remain the property of the publishers until the invoice amount has been paid in full, along with all other claims arising from the business relationship with us in connection with past and future deliveries.
Samples must be returned in their original packaging, along with the invoice, within three weeks of the invoice date. The publisher is obligated to accept returns only if the merchandise is in perfect condition. In all other cases, the purchase price must be paid within three weeks of the invoice date.
Orders are confirmed or rejected within 1 to 2 business days. For orders paid in advance, delivery takes place within 1 to 3 business days after payment (Section 6).
If no copies of the product selected by the customer are available at the time of the customer’s order or on a permanent basis, the publishers will notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the publishers will refrain from issuing a declaration of acceptance. In this case, a contract is not formed.
If the product specified by the customer in the order is only temporarily unavailable, the publishers will also notify the customer of this immediately in the order confirmation. If there is a delivery delay of more than two weeks, the customer has the right to cancel the contract. In this case, the publisher is also entitled to cancel the contract. Any payments already made by the customer will be refunded immediately.
5.1 Provision of Electronic Products
The option to download digital content again is a voluntary service provided by Vulkan Verlag GmbH, which it may discontinue at any time.
Vulkan-Verlag GmbH therefore reserves the right to temporarily or permanently modify, suspend, or terminate the ability to re-download digital content at any time and/or to delete individual items of digital content from the customer’s account. This applies in particular where there is good cause to remove the digital content from the customer’s account, especially in the event of disputes regarding any legal violations arising from the content of the digital content.
For clarification: The option to delete content does not apply to digital content that is already stored on the customer’s own device—such as a PC, laptop, etc.—after the customer has downloaded it. The customer’s warranty claims remain unaffected by this provision.
6. Payments
Payment of the purchase price is due immediately upon conclusion of the contract, with the exception of samples sent for review. If the due date for payment is specified by the calendar, the customer is in default simply by missing the deadline. In this case, the customer must pay the publishers late-payment interest at a rate of 5 percentage points above the base interest rate.
The customer must make all payments to the specified account, including their customer number and invoice number. If any information is missing, the delivery cannot be made on time.
The customer’s obligation to pay late payment interest does not preclude the publishers from claiming further damages resulting from the delay.
The customer is entitled to setoff only if the counterclaims have been legally established or acknowledged by the publisher and if they are based on the same contractual relationship.
7. Warranty Law
The statutory warranty provisions apply, in particular Sections 434 et seq. of the German Civil Code (BGB).
Claims regarding defects, incorrect deliveries, quantity discrepancies, and the scope of delivery must be submitted in writing to the publishers immediately—and no later than one week after delivery of the goods—provided that such issues can be identified through reasonable inspection. This obligation does not apply if the customer is a consumer.
8. Liability
The customer’s claims for damages are excluded. This does not apply to the customer’s claims for damages arising from a culpable injury to life, body, or health, or from a culpable breach of cardinal obligations (essential contractual obligations that are necessary to achieve the purpose of the contract and on which the contracting party may rely) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the publishers, their legal representatives, or vicarious agents.
In the event of a breach of material contractual obligations, the publisher shall be liable only for foreseeable damages typical for this type of contract and limited to the value of the ordered goods if the breach was caused by simple negligence, unless the customer’s claims for damages arise from injury to life, body, or health.
The limitations set forth in paragraphs 1 and 2 also apply in favor of the publishers’ legal representatives and agents if claims are asserted directly against them. The provisions of the Product Liability Act remain unaffected.
9. Terms and Conditions for Subscriptions and Serialized Works
Magazine subscriptions are valid for an indefinite period and may be canceled in writing with eight weeks’ notice prior to the end of the calendar year, unless different cancellation periods are specified in the publication’s legal notice or on the relevant order page in the online store. Subscription fees must be paid in advance. The subscription fee includes the magazine price and shipping costs.
Unless otherwise agreed, orders for serial publications, loose-leaf publications, subscription-based publications, and similar works intended for ongoing delivery (e.g., CD-ROMs) also include a subscription to subsequent installments, supplements, or updates. The subscription may be canceled in accordance with the applicable terms of purchase; however, it may generally be canceled at any time.
10. Right of Withdrawal
Consumers have a statutory right of withdrawal. This right does not apply to
- the delivery of audio or video recordings or computer software in a sealed package, if the seal was broken after delivery
- Goods that are not prefabricated and for the manufacture of which the consumer's individual selection or specification is decisive, or that are clearly tailored to the consumer's personal needs (e.g., media with a ready-to-rent binding or products with name embossing)
- Contracts for the delivery of newspapers, periodicals, or magazines, excluding subscription contracts.
For contracts involving the intangible delivery of digital content (downloads), the statutory right of withdrawal expires prematurely as soon as the download is made available (beginning of contract performance). You have expressly agreed that the publishers may begin performing the contract before the expiration of the withdrawal period and acknowledge that, by giving your consent, you forfeit your right of withdrawal upon the commencement of contract performance.
|
The following applies to a contract for one or more items of merchandise delivered as part of a single shipment: Right of Withdrawal Policy Right of Withdrawal You have the right to cancel this contract within 14 days without giving a reason. The cancellation period is 14 days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods. To exercise your right of withdrawal, you must notify us (for books/eBooks: Vulkan-Verlag GmbH, Friedrich-Ebert-Straße 55, 45127 Essen, Germany, Tel.: +49 201 820 02-0, Fax: +49 201 820 02-40, Email: info@vulkan-verlag.de or, for magazines: Leserservice Vulkan-Verlag GmbH, Friedrich-Ebert-Straße 55, 45127 Essen, Germany, Tel.: +49 201 820 02-0, Fax: +49 201 820 02-40, Email: leserservice@vulkan-verlag.de) by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract. Consequences of the Revocation If you cancel this contract, we must refund to you all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than 14 days from the day we receive notice of your cancellation of this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first. You must return or hand over the goods to us immediately and, in any case, no later than 14 days from the date on which you notify us of your cancellation of this contract. The deadline is met if you ship the goods before the 14-day period expires. You are responsible for the direct costs of returning the goods. |
|
The following applies to a contract for goods that were ordered as a single order but are delivered separately: Right of Withdrawal Policy Right of Withdrawal You have the right to cancel this contract within 14 days without giving a reason. The cancellation period is 14 days from the day on which you, or a third party designated by you (other than the carrier), took possession of the last item. To exercise your right of withdrawal, you must notify us (for books/eBooks: Vulkan-Verlag GmbH, Friedrich-Ebert-Straße 55, 45127 Essen, Germany, Tel.: +49 201 820 02-0, Fax: +49 201 820 02-40, Email: info@vulkan-verlag.de or, for magazines: Leserservice Vulkan-Verlag GmbH, Friedrich-Ebert-Straße 55, 45127 Essen, Germany, Tel.: +49 201 820 02-0, Fax: +49 201 820 02-40, Email: leserservice@vulkan-verlag.de) by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract. Consequences of the Revocation If you cancel this contract, we must refund to you all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than 14 days from the day we receive notice of your cancellation of this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first. You must return or hand over the goods to us immediately, and in any case no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the 14-day period expires. You are responsible for the direct costs of returning the goods. You are liable for any loss in value of the goods only if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality. |
|
The following applies to contracts for services (portal membership): Right of Withdrawal Policy Right of Withdrawal You have the right to cancel this contract within 14 days without giving a reason. The cancellation period is 14 days from the date the contract is concluded. To exercise your right to cancel, you must notify us (Vulkan-Verlag GmbH, Friedrich-Ebert-Straße 55, 45127 Essen, Germany, Tel.: +49 201 820 02-0, Fax: +49 201 820 02-40, Email: info@vulkan-verlag.de) by means of a clear statement (e.g., a letter sent by mail, fax, or email) of your decision to withdraw from this contract. To comply with the cancellation period, it is sufficient to send notice of your intention to exercise your right of cancellation before the cancellation period expires. Consequences of the Revocation If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than 14 days from the day we receive notice of your cancellation of this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of your exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract. |
|
The following applies to contracts for the delivery of intangible digital content (downloads): Right of Withdrawal Policy Right of Withdrawal You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the date the contract is concluded. To exercise your right to cancel, you must notify us (for eBooks/ePapers: Vulkan-Verlag GmbH, Friedrich-Ebert-Straße 55, 45127 Essen, Germany, Tel.: +49 201 820 02-0, Fax: +49 201 820 02-40, Email: info@vulkan-verlag.de) by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract. Consequences of the Revocation If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than 14 days from the day we receive notice of your cancellation of this contract. We will make this refund using the same payment method you used for the original transaction, unless we have expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. |
| The following applies to subscriptions: Right of Withdrawal PolicyRight of Withdrawal
You have the right to cancel this contract within 14 days without giving a reason. The cancellation period is 14 days from the day on which you, or a third party designated by you (other than the carrier), took possession of the first item. To exercise your right of withdrawal, you must notify us (Leserservice Vulkan-Verlag GmbH, Friedrich-Ebert-Straße 55, 45127 Essen, Germany, Tel.: +49 201 820 02-0, Fax: +49 201 820 02-40, Email: leserservice@vulkan-verlag.de) by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract. To comply with the cancellation period, it is sufficient to send notice of your intention to exercise your right of cancellation before the cancellation period expires. Consequences of the Revocation If you cancel this contract, we must refund all payments we have received from you, including shipping costs (with the exception of any additional costs resulting from your choice of a shipping method other than the least expensive standard shipping option we offer), without delay and no later than 14 days from the day we receive notice of your cancellation of this contract. We will use the same payment method for this refund that you used for the original We will process the refund using the same payment method you used for the transaction, unless we have expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first. |
|
To explain the cancellation, the customer may use the following form; however, its use is not required: Sample Cancellation Form (If you wish to cancel the contract, please fill out this form and return it.) – I/we (*) hereby cancel the contract I/we (*) entered into for the purchase of the following |
11. General Terms and Conditions for Advertisements and Third-Party Inserts in Newspapers and Magazines
“Advertising Order,” as defined in the General Terms and Conditions set forth below, refers to the contract for the publication of one or more advertisements by an advertiser or other advertiser in a printed publication for the purpose of distribution.
In case of doubt, advertisements must be requested for publication within one year of the conclusion of the contract. If the right to request individual advertisements is granted as part of a contract, the order must be fulfilled within one year of the publication of the first advertisement, provided that the first advertisement is requested and published within the period specified in the first sentence.
In the case of contracts, the client is entitled to order additional advertisements beyond the quantity specified in the order within the agreed-upon time frame or the time frame specified in Section 2.
When calculating the purchase quantities, text lines (in millimeters) are converted to advertising millimeters based on the price.
Orders for advertisements and third-party inserts that are expressly intended to be published exclusively in specific issues, specific editions, or in specific locations within the publication must be received by the publisher in sufficient time to allow the publisher to notify the client before the advertising deadline if the order cannot be fulfilled in this manner. Classified advertisements will be printed in the respective section without the need for an express agreement.
Text-block ads are ads that are adjacent to the text—and not to other ads—on at least three pages. Ads that are not recognizable as ads due to their editorial design are clearly marked as such by the publisher with the word “Ad.”
The publisher reserves the right to reject advertising orders—including individual placements under a contract—and insert orders based on their content, origin, or technical format, in accordance with the publisher’s uniform and objectively justified principles, if their content violates laws or official regulations or if their publication is unreasonable for the publisher. This also applies to orders placed with branch offices, acceptance points, or representatives. Insert orders are not binding on the publisher until a sample of the insert has been submitted and approved. Inserts that, due to their format or presentation, give readers the impression that they are part of the newspaper or magazine, or that contain third-party advertisements, will not be accepted. The client will be notified immediately if an order is rejected.
The client is responsible for the timely delivery of the advertisement text and for ensuring that the print files or inserts are in perfect condition. If the print files are clearly unsuitable or damaged, the publisher will immediately request replacements. The publisher guarantees the print quality customary for the publication in question, within the limits of what is possible based on the print files provided.
If the advertisement is printed in a manner that is wholly or partially illegible, incorrect, or incomplete, the client is entitled to a reduction in payment or a replacement advertisement free of defects, but only to the extent that the purpose of the advertisement was impaired. If the publisher allows a reasonable deadline set for this purpose to elapse, or if the replacement advertisement is again defective, the client has the right to a reduction in payment or to cancel the order. Claims for damages arising from a positive breach of contract, fault at the time of contract conclusion, and tort are excluded—even if the order was placed by telephone. Claims for damages arising from impossibility of performance and delay are limited to compensation for foreseeable damages and to the fee payable for the advertisement or insert in question. This does not apply to willful misconduct or gross negligence on the part of the publisher, its legal representative, or its vicarious agents. The publisher’s liability for damages resulting from the absence of warranted characteristics remains unaffected. In commercial transactions, the publisher is also not liable for gross negligence on the part of vicarious agents; in all other cases, liability toward merchants for gross negligence is limited in scope to foreseeable damages up to the amount of the applicable advertisement fee. Complaints must be filed—except in the case of non-obvious defects—within four weeks of receipt of the invoice and supporting documentation.
Proofs are provided only upon express request. The client is responsible for the accuracy of the returned proofs. The publisher will make all corrections to errors that are reported within the deadline specified when the proof was sent.
Unless specific size requirements are specified, the calculation is based on the actual print height customary for the type of advertisement.
In the event of late payment or a payment deferral, interest and collection costs will be charged. In the event of late payment, the publisher may suspend further fulfillment of the current order until payment is made and may require advance payment for the remaining advertisements. If there are reasonable doubts regarding the client’s solvency, the publisher is entitled—even during the term of an advertising contract—to make the publication of further advertisements contingent upon advance payment of the amount due and the settlement of outstanding invoice amounts, regardless of any originally agreed-upon payment terms.
Upon request, the publisher will provide proof of publication along with the invoice. Depending on the type and scope of the ad order, the publisher will provide ad clippings, proof pages, or complete proof numbers. If proof of publication can no longer be obtained, it will be replaced by a legally binding certificate from the publisher confirming the publication and distribution of the ad.
The client shall bear the costs for the production of ordered printed materials, as well as for significant changes to the originally agreed-upon specifications that are requested by the client or for which the client is responsible.
In the case of a contract covering multiple advertisements, a claim for a price reduction may be based on a decrease in circulation if, over the entire average of the advertising year beginning with the first advertisement, the average circulation specified in the price list or otherwise—or, if no circulation figure is specified, —the average circulation sold (or, in the case of trade journals, the average actual circulation, as applicable) of the previous calendar year is not met. A reduction in circulation constitutes a defect entitling the customer to a price reduction only if it amounts to at least 20%.
Furthermore, in the case of contracts, claims for price reductions are excluded if the publisher notified the client of the reduction in print run in sufficient time—before the print run was reduced—to allow the client to withdraw from the contract before the advertisement appeared.
All terms and conditions listed in Section 11 also apply to online advertising, as appropriate. Proof of online usage frequency is provided upon request after the banners have been placed.
12. Final Provisions
To the extent permitted by law—i.e., in the case of registered merchants and contracts involving foreign elements—the registered office of the respective publisher shall determine the venue. The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
The invalidity of one or more provisions shall not affect the validity of the remaining provisions. In such a case, the invalid provision shall be interpreted or supplemented in such a way that the purpose intended by the invalid provision is achieved.
Please note that on our website you will find book and magazine offers from the following publishers:
Vulkan-Verlag GmbH, Friedrich-Ebert-Straße 55, 45127 Essen
Managing Director: Jürgen Franke
As of September 2018
