1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of ND-Verlag GmbH (hereinafter "Contractor") apply to all contracts for the provision of data created and provided in digital form (digital content) that a consumer or entrepreneur (hereinafter "Customer") concludes with the Contractor with regard to the digital content described by the Contractor in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The contents described in the online shop of the entrepreneur do not constitute binding offers on the part of the entrepreneur, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the online shop of the entrepreneur. After placing the selected content in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the content contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The entrepreneur can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by providing the customer with the ordered content, or
- by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the entrepreneur does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/Privatkunden/Nutzungsvereinbarung-Richtlinien/Nutzungsvereinbarung. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the order process. In this case, the entrepreneur already declares acceptance of the customer's offer at the point in time at which the licensee triggers the payment process by clicking the button concluding the order process.
2.6 When submitting an offer via the online order form of the entrepreneur, the contract text is stored by the entrepreneur after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The entrepreneur will not make the text of the contract available beyond this. If the customer has set up a user account in the entrepreneur's online shop before sending his order, the order data will be archived on the entrepreneur's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 Before binding submission of the order via the online order form of the entrepreneur, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that finalises the ordering process.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the entrepreneur can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the trader or by third parties commissioned by the trader to process the order can be delivered.
3) Right of cancellation
Consumers are generally entitled to a right of cancellation. Further information on the right of cancellation can be found in the entrepreneur's cancellation policy.
4) Prices and terms of payment
4.1 The prices stated by the entrepreneur are total prices and include the statutory value added tax.
4.2 For payments in countries outside the European Union, further costs may be incurred in individual cases for which the trader is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
4.3 The payment options are specified in the entrepreneur's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If a payment method offered via the payment service "mollie" is selected, payment shall be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the entrepreneur's online shop. In order to process payments, mollie may use other payment services for which special payment terms may apply, to which the Customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/de/.
5) Provision of the content
Digital content is provided to the customer as follows:
- via direct access via the Contractor's website
6) Granting of rights of use
6.1 Unless otherwise stated in the content description in the Contractor's online shop, the Contractor grants the Customer the non-exclusive right to use the content provided for private purposes only, without restriction in terms of location and time.
6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Contractor has consented to the transfer of the contractual licence to the third party.
6.3 Insofar as the contract relates to the one-off provision of digital content, the granting of rights shall only become effective once the customer has paid the contractually owed remuneration in full. The entrepreneur may provisionally authorise the use of the contractual content even before this point in time. Such provisional authorisation shall not constitute a transfer of rights.
7) Liability for defects
The statutory liability for defects shall apply.
8) Liability
8.1 The Contractor shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.2 The entrepreneur shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.3 If the Contractor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the entrepreneur according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.4 Any further liability of the entrepreneur is excluded.
8.5 The above liability provisions shall also apply with regard to the liability of the entrepreneur for its vicarious agents and legal representatives.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10) Place of jurisdiction
If the Licensee acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Licensor's place of business. If the Licensee is domiciled outside the territory of the Federal Republic of Germany, the Licensor's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Licensee. In the above cases, however, the Licensor shall in any case be entitled to appeal to the court at the Licensee's registered office.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The trader is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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