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Terms and Conditions
Terms and Conditions for direct sales from the www.harrassowitz-verlag.de online shop.
As at 1 October 2014

  1. Definitions and scope
    1. The following Terms and Conditions apply when using the online shop at www.harrassowitz-verlag.de (hereinafter the “Online Shop”) and to sales contracts entered into in this Online Shop and for the associated products and services provided by:

      Otto Harrassowitz GmbH & Co. KG
      Kreuzberger Ring 7b-d
      65205 Wiesbaden

      (hereinafter: “Harrassowitz”).
    2. Under these Terms and Conditions, the “Customer” means a purchaser of digital and printed products in the Online Shop.
    3. No terms and conditions of the Customer that deviate from these Terms and Conditions will apply. Any confirmations the Customer may send in reply with reference to the Customer’s own terms and conditions are rejected. No terms and conditions of the Customer will form part of any agreements unless Harrassowitz explicitly accepts them in writing.
  2. Products and services provided by Harrassowitz
    1. Harrassowitz offers books and electronic books (hereinafter “E-books”) for purchase on the Online Shop. The products and prices are based on the information shown in the Online Shop.
    2. The Customer can download and save E-books as PDFs after placing a corresponding order.
  3. Technical requirements when using digital content

    To use digital content and in particular to read and save E-books, the Customer must have standard Internet access and a program to view documents in an electronic format.

  4. Purchasing printed products and digital content
    1. The Customer may order books as printed products and/or (if offered) as E-books by clicking on the appropriate shopping-cart buttons and completing the ordering process.
    2. By pressing the “Place Order” button, the Customer submits a request to enter into a sales contract. Harrassowitz accepts this request by sending an e-mail confirmation of the order, which brings about the contract. Harrassowitz is not obliged to accept the Customer’s request. Confirmation by Harrassowitz that the order has been received does not constitute a binding order confirmation. We reserve the right not to fill your order if the title in question is not in stock or not in print and the product is therefore unavailable. If this is the case, we will inform you that the title is not available and will reimburse you the purchase price you may have paid.
  5. Right of withdrawal

    Consumers have a statutory right of withdrawal. Consumers are defined as individuals that enter into legal transactions for purposes that are not primarily attributable to their commercial or self-employed activities (§ 13 German Civil Code, Bürgerliches Gesetzbuch).

    1. WITHDRAWAL POLICY APPLICABLE TO CONSUMERS WHEN ORDERING PRINTED BOOKS AND OTHER TANGIBLE GOODS DELIVERED IN ONE SINGLE ORDER (SINGLE-ORDER DELIVERY OF GOODS)

      Right of withdrawal

      You have the right to withdraw from this contract within 14 days without giving reasons.

      The withdrawal period will expire 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 your right of withdrawal, you must inform us (name, address, managing director, phone, fax, email) of your decision to withdraw from this contract by way of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached withdrawal form, but it is not obligatory.

      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 any extra costs resulting from your choice of a type of delivery other than the least expensive type of delivery offered by us), without undue delay and no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out this reimbursement using the same means of payment as you used in 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 from you or you have supplied evidence of having sent back the goods, whichever is earlier.

      You must return or give back the goods to us without undue delay and in any event no 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 to us before the period of 14 days has expired. You will bear the direct cost of returning the goods.

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

      End of statutory note on withdrawal policy
    2. WITHDRAWAL POLICY APPLICABLE TO CONSUMERS WHEN ORDERING PRINTED BOOKS AND OTHER TANGIBLE PRODUCTS DELIVERED IN SEPARATE ORDERS (SEPARATE-ORDER DELIVERY OF GOODS)

      Right of withdrawal

      You have the right to withdraw from this contract within 14 days without giving reasons.

      The withdrawal period will expire 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 ordered.

      To exercise your right of withdrawal, you must inform us (name, address, managing director, phone, fax, email) of your decision to withdraw from this contract by way of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached withdrawal form, but it is not obligatory.

      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 any extra costs resulting from your choice of a type of delivery other than the least expensive type of delivery offered by us), without undue delay and no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out this reimbursement using the same means of payment as you used in 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 from you or you have supplied evidence of having sent back the goods, whichever is earlier.

      You must return or give back the goods to us without undue delay and in any event no 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 to us before the period of 14 days has expired. You will bear the direct cost of returning the goods.

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

      End of statutory note on withdrawal policy

    3. WITHDRAWAL POLICY WHEN ORDERING E-BOOKS

      Right of withdrawal

      You have the right to withdraw from this contract within 14 days without giving reasons.

      The withdrawal period will expire 14 days after the day the contract is made.

      To exercise your right of withdrawal, you must inform us (name, address, managing director, phone, fax, email) of your decision to withdraw from this contract by way of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached withdrawal form, but it is not obligatory.

      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 any extra costs resulting from your choice of a type of delivery other than the least expensive type of delivery offered by us), without undue delay and no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out this reimbursement using the same means of payment as you used in the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.

      End of statutory note on withdrawal policy

    4. EXCLUSION, OR LAPSE OF THE RIGHT OF WITHDRAWAL BEFORE THE END OF, THE WITHDRAWAL PERIOD:

      A right of withdrawal does not apply to deliveries of sound and video recordings (e.g. CDs, music cassettes or video cassettes), or to computer software in sealed packaging if the sealed packaging was removed after delivery.

      A right of withdrawal further does not apply to goods that are not prefabricated and that are produced to the consumer’s individual choice or definition or that are evidently customised to the consumer’s personal requirements.

      Excepting subscription contracts, a right of withdrawal further does not apply to contracts for delivery of newspapers or magazines.


      Withdrawal form

      (If you wish to withdraw from the contract, please complete this form and return it to us).

      To (enter here: your name, your address, your phone number, your fax number and email address):

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

      Ordered on (*)/received on (*)
      Name of the consumer(s)
      Address of consumer(s)
      Signature of consumer(s) (only when informing us on paper)
      Date

      ________________________
      (*) Delete as appropriate

  6. Online Dispute Resolution

    Online dispute resolution according to Article 14 (1) of the ODR Regulation: The European Commission offers a platform for online dispute resolution. This platform can be accessed at http://ec.europa.eu/consumers/odr/

    We will not accept any out-of-court dispute resolutions by consumer arbitration boards.

  7. Terms of delivery for printed products
    1. Harrassowitz books, magazines and other printed products will be delivered to the Customer. The Customer shall pay the customary cost of delivery. The total cost of delivery will be advised to Customer during the ordering process.
    2. Harrassowitz has the right to make separate deliveries.
  8. Delivery of digital content
    1. E-books will be delivered as documents in an electronic format.
    2. For purposes of delivery, after entering into the contract, the Customer will receive a download link by email allowing the Customer to download the E-book by mouse click.
    3. Harrassowitz reserves the right to apply copy protection (Adobe DRM) to digital publications to protect the copyright.
    4. Harrassowitz reserves the right to discontinue selling certain E-books in the event of any copyright infringements or for other important reasons. After entering into the contract, therefore, should the product purchased no longer be available via the link mentioned in 8.2 above and the Customer has not yet downloaded a full, properly functioning file of the E-book in one of the electronic formats offered, Harrassowitz will fully reimburse the Customer for the E-book in question
    5. No downloaded digital products may be resold without the prior consent of Harrassowitz.
  9. Prices and terms of payment
    1. The prices of each product are given in the information shown for each product.
    2. The prices shown in the Online Shop include German value added tax at the rate applicable from time to time.
    3. Harrassowitz may offer various methods of payment. When a printed product is purchased, the price can be paid either by credit card, PayPal or bank transfer. When a digital product is purchased (E-book), the price is payable via PayPal. When making payments via a payment system provider (e.g. PayPal), only the terms and conditions of the payment system provider will apply; if necessary the Customer must have a user account with the payment system provider.
    4. The Customer will receive invoices for the goods and services ordered.
    5. Harrassowitz retains title to any printed products delivered. Title to the goods delivered does not pass until payment of the full purchase price.
  10. Rights of use to digital content
    1. When delivering digital content, Harrassowitz provides each given E-book to the Customer as a document in an electronic format (see clause 8).
    2. The statutory restrictions on copyright apply. The Customer may use the E-book for his or her own purposes. If the Customer downloads the E-book as a document in an electronic format, he or she may save the file on the end device he or she uses personally. Any other use or commercialisation is only permitted in accordance with statutory regulations. Therefore, additional copies of the E-book are in particular not permitted to be made, especially on devices or media that are open to other people or companies. Furthermore, the E-book may not be edited or redesigned and the result published or commercialised, and the E-book may not be forwarded or lent to third parties, or otherwise disseminated, or be made publicly available, or be sent to third parties. These restrictions also apply to any use in an intranet or extranet. The above-mentioned provisions also apply to additional content that can be retrieved when reading an E-book. Any use for commercial purposes is also prohibited.
    3. The above-mentioned provision (10.2) applies not only to the E-book as a whole but also to all individual articles, photos and other single parts or parts thereof, unless the part as such is not protected by copyright or is not under any other legal protection.
    4. Harrassowitz reserves the right to apply technical protection to the E-book to prevent any acts that infringe copyrights or other proprietary rights.
    5. Harrassowitz reserves the right to block the Customer’s access to the E-book(s) if the Customer has violated clause 9.2 or has allowed a third party an unauthorised use or commercialisation of an E-book or parts thereof.
  11. Warranty and liability
    1. Implied warranty terms apply to goods.
    2. Harrassowitz is liable in accordance with the law for any damage incurred by the Customer that has been caused intentionally or with gross negligence or that arises for lack of a guaranteed quality in the subject goods or services which is due to negligent breach of essential contractual duties (also referred to as cardinal duties) or which is due to negligent injury to health, body or life, or which is subject to liability under the German Product Liability Act (Produkthaftungsgesetz).
    3. Cardinal duties are contractual duties that need to be fulfilled in order that the contract can be executed in the first place and the adherence to which the contractual partner may typically rely on and the breach of which on the other part jeopardises the achievement of the purpose of the contract.
    4. In the case of a breach of a cardinal duty, liability - insofar as the damage is merely due to slight negligence and does not concern life, body or health - is limited to the typical and foreseeable damage that must be expected in providing the subject products and services.
    5. In all other respects, any liability - on whatever legal basis - on the part of Harrassowitz and its agents and servants is precluded. Liability is not precluded where damage to life, body or health is concerned.
    6. If the Customer incurs any damage that is due to loss of data, Harrassowitz is not liable for such damage if the Customer could have prevented the damage by making regular and full back-ups with a back-up frequency that is commensurate with the value of the data in question.
  12. Contract language

    Harrassowitz does not provide for any extra contract language on the basis of these Terms and Conditions. Therefore, Harrassowitz does not store “the contract language” on a dedicated basis for the Customer individually.

  13. Data protection

    The protection and security of our Customers’ personal data is very important to us. We store and use your personal data (e.g. form of address, name, address, email address) in compliance with German data privacy law, in particular the German Data Protection Act (Bundesdatenschutzgesetz). You can find all the information on this issue in our data privacy statement as amended from time to time: http://www.harrassowitz.de/datenschutz.html

  14. Miscellaneous
    1. The parties agree that the place of performance and venue for any disputes will be the registered office of Harrassowitz in Wiesbaden, Germany, if the Customer is a merchant (a Kaufmann as defined under German law).
    2. Whether the Customer is a merchant or a consumer, Wiesbaden will be the place of performance and venue if after entering into the contract the place where the Customer resides or usually resides is not governed by the laws of Germany, or if the Customer has moved outside the area governed by German law. The foregoing also applies if the place the Customer resides or normally resides is not known at the time an action is brought.
    3. German law will apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
    4. If any provision of these Terms and Conditions should be ineffective, this will not affect the validity of the remaining provisions. In such a case, the parties will enter into negotiations to agree on replacing the ineffective provision with a provision that is as close as possible to the substance of the original provision.

As at 1 October 2014


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