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Terms & Conditions of Lexxion Publishers

including legal information on the conclusion of distance contracts

and on the electronic conclusion of contracts

 

(As of 27 November 2017)

 

§ 1 Scope of application

§ 2 Seller / Provider

§ 3 Conclusion of contracts

§ 4 Special features on the electronic conclusion of contracts in the online shop of our website

§ 5 Prices

§ 6 Shipping costs

§ 7 Terms of payment

§ 8 Reservation of proprietary rights

§ 9 Right to cancel (Books)

§ 10 Right of withdrawal (journal subscriptions)

§ 11 Right to cancel (digital content)

§ 12 Warranty conditions

§ 13 Cancellation of subscription / Multiple delivery

§ 14 Change of address

§ 15 Terms of use of the subscribers section of the Lexxion website

§ 16 Final clause

 

§ 1 Scope of application

 

1. The following general terms and conditions are valid for all business connections between us and our customers. The version applicable is the one valid at the time of the conclusion of the contract.

 

2. The following terms and conditions also include legal information on the conclusion of distance contracts and on the electronic conclusion of contracts.

 

3. Consumers in the sense of our terms and conditions are natural persons with whom a business connection is contracted without connection to any commercial or independent professional activity.

 

4. Entrepreneurs in the sense of our terms and conditions are natural or legal persons or associations of persons with legal capacity, with whom a business connection is entered into and who act on behalf of a commercial or independent professional activity.

 

5. Customers in the sense of our terms and conditions are consumers as well as entrepreneurs.

 

6. Terms and conditions deviating or contradicting or supplemental to out general terms and conditions are not part of the contract, even when acknowledged, unless their application is explicitly agreed upon in a written form.

 

§ 2 Seller / Provider

 

1. As a customer you sign contracts with the Lexxion Verlagsgesellschaft mbH, in the following "Lexxion," "we" or "us", represented by its managing partner and publisher Dr. Wolfgang Andreae.

 

You can reach Lexxion at the following address:

 

Lexxion Verlagsgesellschaft mbH

Güntzelstraße 63

10717 Berlin · Germany

 

Tel.: +49 (0) 30 - 81 45 06 0

Fax: +49 (0) 30 - 81 45 06 22

E-mail: mail@lexxion.de

 

 

 

 

§ 3 Conclusion of contracts

 

1. On our website (lexxion.de / lexxion.eu) and in our print media (books, magazines, publishing programs, flyers, etc.), we inform you about the conditions and characteristics of the goods. The display of goods does not constitute a contract offer, but a non-binding invitation to you to order goods from us.

 

2. By placing your order (by phone, fax, email or postal mail), you signify your agreement offer to conclude a purchase contract. We will confirm receipt of your order immediately. This confirmation serves only as a confirmation of receipt of your order; it does not however represent an acceptation of your offer to conclude a purchase contract.

 

3. Lexxion is entitled to accept the offer contained in your purchase order within two weeks. An acceptance of your offer can be made by an explicit statement or by shipping of the ordered products, with the purchase agreement limited to the products shipped. A purchase contract is not concluded about other products on the same order, which have not been dispatched from Lexxion.

 

4. About special features on the electronic conclusion of contracts in the online shop of our website please see § 4 below.

 

§ 4 Special features on the electronic conclusion of contracts in the online shop of our website

 

1. Once you have found the requested item on our homepage, please select the button "Add to cart" via mouse click (when ordering a single journal article please click “Get access” beforehand). If you wish to order further items, please repeat this procedure for each item (the contents of the cart will not be deleted automatically if you close the browser window).

 

2. To conclude the purchase, please select "Checkout". If you do already have access data (E-mail address and password) for our online shop, you may log in and conclude your purchase. If you are a new customer, please generate a customer account by selecting the button "Register a new account". In order to generate a new account, you are required to fill in your name, the name of your company or institution (where applicable), your address, telephone number and e-mail address. A password for your customer account will then be sent to your e-mail address. Password and e-mail address are required every time you wish to order online. After reading our terms and conditions, you will be required to state your consent by ticking the box accordingly.

 

3. For concluding the purchase, please complete the following details concerning the purchase. The "Next" button will then lead you to the next page, where you will be required to state an invoice and shipping address and select a payment method. Payment can be made by bank transfer or via PayPal. When buying a journal article or an e-book, you can only pay by PayPal. In this case, you can download the journal article or the e-book immediately after payment has been made via PayPal.

 

4. While filling in the order form, you may correct your entries at any time by overwriting. Before selecting the "Pay now" button, you may cancel the order at any time by closing the browser window.

 

5. Information for entrepreneurs from EU member states: Entrepreneurs from EU member states are asked to select “Business Invoice” and give their VAT number in the field “VAT ID” when stating their invoice and shipping address in order to qualify for VAT-exempt intra-community delivery according to § 4 Nr. 1 lit. b UstG.

 

6. The order of the item given in the order form with the corresponding purchase price is concluded by clicking on the button "Pay now".

 

7. We will confirm the receipt of your order by an e-mail, in which the details of your order are summarized. The confirmation alone does not however constitute acceptation of your offer. We are entitled to accept the offer contained in your purchase order within two weeks. An acceptance of your offer can be made by an explicit statement or by shipping of the ordered products, with the purchase agreement limited to the products shipped. A purchase contract is not concluded about other products on the same order, which have not been dispatched from Lexxion.

 

 


 

§ 5 Prices

 

All prices indicated are final prices in EUR and include VAT unless stated otherwise. Temporary subscription offers are shown as such in the presentation of each product on our website and in our print media.

 

§ 6 Shipping costs

 

1. Unless stated otherwise, when sending printed books we calculate shipping costs in the amount of

 

3,00 Euro (incl. German VAT) delivery within Germany

6,00 Euro (incl. German VAT) delivery within Europe

18,00 Euro (incl. German VAT) delivery outside Europe.

 

2. When sending printed editions of German magazines we calculate shipping costs in the amount of

 

1,07 Euro (incl. German VAT) delivery within Germany

3,96 Euro (incl. German VAT) delivery outside Germany.

 

3. Subscription prices for journals in English include handling and shipping costs.

 

§ 7 Terms of payment

 

1. Purchase is conducted on open account. As to the possibility of a purchase with payment via PayPal in the online shop of our site please see § 4 No. 3.

 

2. When making a purchase on open account, customers are obliged to pay on receipt of the service within the period indicated on the invoice to the bank account, which is also indicated on the invoice. On expiration of this period the customer is in default.

 

3. Customers from abroad can alternatively pay their invoice by credit card (VISA or MasterCard). Therefore the customer submits the required information to Lexxion by fax (+493081450622) or phone (+493081450612). A fax form is provided under the following internet address: http://www.lexxion.de/accounting/CreditCardForm.pdf. For safety reasons we explicitly and urgently advise our clients not to send the credit card information by e-mail.

 

4. If in default, the consumer is obliged to pay 5% interest on the base rate of the debt. If in default, entrepreneurial debtors are obliged to pay 8% interest on the base rate of the debt. In the case of entrepreneurial debtors, we reserve the right to substantiate a higher amount of interest damage as a result of the default and to put it to effect.

 

§ 8 Reservation of proprietary rights

 

Goods remain in our property until full payment of the purchase price.

 


 

§ 9 Right to cancel (Books)

 

When buying printed books, consumers have the following right to cancel within 14 days. (About the right to cancel when ordering journal subscriptions see § 10, about the right to cancel when buying digital content see § 11.)

 

Right to cancel

 

Right to cancel

 

You have the right to cancel this contract within 14 days without giving any reason.

 

The cancellation 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 to cancel, you must inform us

 

Lexxion Verlagsgesellschaft mbH

Güntzelstraße 63

10717 Berlin

Germany

 

Fax: +49 30 81 45 06 22

Tel.: +49 30 81 45 06 0

E-Mail: mail@lexxion.de

 

of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation 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 to cancel before the cancellation period has expired.

 

Effects of cancellation

 

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –

a)     14 days after the day we receive back from you any goods supplied, or

b)     (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

c)     if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the 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 the 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

 

Lexxion Verlagsgesellschaft mbH

Güntzelstraße 63

10717 Berlin

Germany

 

without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation 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.


 

§ 10 Right of withdrawal (journal subscriptions)

 

1. Consumers have the following right to cancel within 14 days on subscription contracts. (About the right to cancel when buying printed books see § 9, about the right to cancel when buying digital content see § 11.)

 

Right to cancel

 

Right to cancel

 

You have the right to cancel this contract within 14 days without giving any reason.

 

The cancellation 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 to cancel, you must inform us

 

Lexxion Verlagsgesellschaft mbH

Güntzelstraße 63

10717 Berlin

Germany

 

Fax: +49 30 81 45 06 22

Tel.: +49 30 81 45 06 0

E-Mail: mail@lexxion.de

 

of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation 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 to cancel before the cancellation period has expired.

 

Effects of cancellation

 

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –

d)     14 days after the day we receive back from you any goods supplied, or

e)     (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

f)       If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the 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 the 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

 

Lexxion Verlagsgesellschaft mbH

Güntzelstraße 63

10717 Berlin

Germany

 

without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation 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.

 

2. A right to cancel a contract for the supply of newspapers, periodicals or magazines with the exception of subscription contracts does not exist.

 

 

§ 11 Right to cancel (digital content)

 

When buying digital content, consumers have the following right to cancel within 14 days. (About the right to cancel when buying printed books see § 9, about the right to cancel when ordering journal subscriptions see § 10.)

 

Right to cancel

 

Right to cancel

 

You have the right to cancel this contract within 14 days without giving any reason.

 

The cancellation 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 to cancel, you must inform us

 

Lexxion Verlagsgesellschaft mbH

Güntzelstraße 63

10717 Berlin

Germany

 

Fax: +49 30 81 45 06 22

Tel.: +49 30 81 45 06 0

E-Mail: mail@lexxion.de

 

of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation 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 to cancel before the cancellation period has expired.

 

Effects of cancellation

 

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the 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 the reimbursement.

 

 

§ 12 Warranty conditions

 

Legal warranty rights apply to all our goods from the shop on our website. We do not provide warranty beyond legal regulations.

 

 

§ 13 Cancellation of subscription / Multiple delivery

 

Subscriptions of our journals remain valid until cancelled. The customer is entitled to cancel a subscription within a period up to 6 weeks prior to the expiration of the subscription period indicated on the invoice. Invoices for journal subscriptions are issued annually in advance. The right of extraordinary cancellation according to legal regulations remains hereby unaffected. The publishing company is entitled to cancel a subscription at any time, providing refund for overpaid issues.

 

§ 14 Change of address

 

In the case of relocation, or change of delivery address, the customer is obliged to inform us about the new address at once, or within a period of 14 days at the latest. The customer bears all additional costs if failure to do so leads to dispatch to an incorrect address.

 

§ 15 Terms of use of the subscribers section of the Lexxion website

 

1. The subscribers' section of the Lexxion website (lexxion.de/lexxion.eu) provide the customer with the contents of the following journals / loose leaf collections in full text for the duration of the subscription period, as well as numerous judgements in digital form (HTML / PDF):

 

-        AbfallR - Zeitschrift für das Recht der Abfallwirtschaft

-        EurUP - Zeitschrift für Europäisches Umwelt und Planungsrecht

-        I+E - Zeitschrift für Immissionsschutzrecht und Emissionshandel

-        StoffR - Zeitschrift für Stoffrecht

-        W+B - Zeitschrift für Deutsches und Europäisches Wasser-, Abwasser- und Bodenschutzrecht

 

-        CCLR - Carbon & Climate Law Review

-        CoRe - European Competition and Regulatory Law Review

-        EDPL - European Data Protection Law Review

-        EFFL - European Food and Feed Law Review

-        EPLR - European Pharmaceutical Law Review

-        EPPPL - European Procurement and Public Private Partnership Law Review

-        EStAL - European State Aid Law Quarterly

-        EStIF - European Structural and Investments Funds Journal

 

2. Access to the online database and the subscribers section of the Lexxion homepage is granted to customers for the duration of the subscription only. On expiry of the subscription the online access will be deactivated. It is incumbent on customers to secure their items of interest via download or printout prior to the expiry and the resulting deactivation of their online access.

 

3. Usage of this service is possible only by registration and receipt of online access data (user name and password).

 

4. Institutional customers can be connected to the online database and the subscribers section via the customer's IP range. Special conditions apply for the connection of the online service via IP range, so that prices can deviate from the prices given in our online shop and may be asked for.

 

5. Lexxion explicitly reserves all publishing, reproduction, processing and utilisation rights for the contents of the Lexxion homepage.

 

6. Customers are obliged to use search results of the online database and the subscribers section for personal use only. This includes the right to save search results. Any usage beyond this, especially

- commercial exploit of search results

- reproduction of search results and other data on further data storage media,

- use of issued data for mass reproduction, requires written agreement.

These obligations continue to apply after the expiry of a contract.

 

7. The customer is obliged to keep access data (user name and password) strictly confidential in order to prevent unauthorised use of the online database and the subscribers section of the Lexxion homepage by third parties. Customers also must ensure that any users employed in their institution / company likewise follow this obligation.

 

8. If a customer or user violates any contract regulations, Lexxion is entitled to disable their access to the online database and the subscribers section. Indemnity claims remain untouched by this regulation.

 

9. We do not provide warranty for completeness and accuracy of the information and documents published in the online database and the subscribers section. The same applies for the accuracy, completeness and / or topicality of the directions for use. Lexxion does not provide warranty for damages resulting from errors of stored data or errors occurring with the reproduction of data.

 

 

§ 16 Final clause

 

1. The law of the Federal Republic of Germany applies solely. In the case of customers concluding a contract without connection to any professional or commercial purposes, this choice of law is applicable only as far as the protection is not withdrawn in the customer's country of habitual residence due to compelling regulations of the law. Regulations of the United Nations Convention on Contracts for the International Sale of Goods do not apply.

 

2. If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive jurisdiction for all disputes regarding this contract is our place of business. The same applies if the customer does not have a legal forum in Germany or if the customer's place of residence or habitual residence are unknown at the time of the filing of the lawsuit.

 

3. Should single regulations of the contract with the customer, including these general terms and conditions, be or become wholly or partially invalid, the validity of other regulations remains unaltered.

 

----

 

 

Attachment: Model cancellation form


 

Model cancellation form

 

(Complete and return this form only if you wish to cancel the contract)

 

To

Lexxion Verlagsgesellschaft mbH Fax: +49 30 81 45 06 22

Güntzelstraße 63 e-mail: mail@lexxion.de

10717 Berlin

Germany

 

 

 

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*)

 

 

 

 

 

 

 

 

Ordered on (*)/received on (*)

 

 

Name of consumer(s)

 

 

Address of consumer(s)

 

 

 

 

 

 

 

 

Signature of consumer(s) (only if this form is notified on paper)

 

 

 

 

 

Date

 

 

_______________

(*) Delete as appropriate.