General Business and Delivery Terms and Conditions
of P. Keppler Verlag GmbH & Co. KG for subscriptions of print and online products
1. Scope of application
The following General Business and Delivery Terms and Conditions (GTC) shall apply to all subscription contracts of P. Keppler Verlag GmbH & Co. KG (print and digital) and all online products offered under the domain www.kepplermediengruppe.de and/or the domains of the individual titles www.avronline.de, www.apr.de and www.verpackungsrundschau.de, unless more specific GTC apply under the respective domains or subdomains which then will have priority.
The following GTC in effect at the time the order is placed shall apply exclusively to all business relations between the publisher and its customers. Differing terms and conditions of customers are not recognized and accepted unless they are expressly confirmed in writing by the publisher.
In cases where it is apparent that online services are provided by cooperation partners, their GTC will take precedence.
2. Orders and conclusion of contract, contractual partners, premiums
The order of a print or online service by the customer is a binding offer for the conclusion of a contract. Its acceptance is up to P. Keppler Verlag GmbH & Co. KG (hereinafter: Keppler). The customer's contractual partner is P. Keppler Verlag GmbH & Co. KG, Kaiserstraße 39, 63065 Offenbach am Main; Registered Office: Heusenstamm; Registry Court: Offenbach am Main; HRA 6601.
Authorised to represent the company: Keppler Verlag Verwaltungsgesellschaft mbH; Registered Office: Heusenstamm; Registry Court: Offenbach am Main; HRB 8643
Represented by its Managing Director: Mr Eckhart Thomas.
With regard to the formation, conclusion and execution of a contract, Keppler may always use the services of an external service provider, under compliance with all applicable statutory data protection regulations.
Generally, there is no right to demand the conclusion of a contract. Keppler may always refuse the acceptance of an order without giving reasons. In such cases, all entitlement to any premium is lost as well. Generally, premium offers are valid only while supplies last and basically only for delivery within Germany. Keppler otherwise reserves the right to deliver adequate substitute items. For friend-to-friend referral or reader-get-reader offers the premium only becomes due for shipment with payment of the subscription fee for the minimum subscription period by the new subscriber. In the event of early termination, payment refusal and payment default by the new subscriber, the unused premium or its cash value must be returned by the referrer. Reclaimed premiums must be returned to Keppler at the referrer's expense unless Keppler waives the cost of returning the premium for reasons of goodwill.
Upon conclusion of the contract, the customer is obligated to accept the service offered for the duration of the contract period and to pay the agreed subscription fee.
3.1. Right to withdraw from subscriptions
After conclusion of this contract, consumers have a right of its cancellation within a period of 14 days (§13 BGB (German Civil Code)) without giving any reason. The period for revocation is 14 days and begins on the day the first edition is provided in electronically retrievable form, or when the recipient or a third party, other than the carrier and indicated by the recipient, has taken possession of the first goods. Individual sales transactions are only subject to a cancellation right where an express reference has been given thereto.
The exercise of the right of cancellation of the contract must be clearly expressed in writing by letter, fax or email (addressed to P. Keppler Verlag GmbH & Co. KG, Vertrieb, Postfach 100953, 63009 Offenbach a.M.; Email: firstname.lastname@example.org). You may use the attached model withdrawal form, but it is not obligatory.
To observe the cancellation period, it is sufficient to send off the cancellation notice before the notice period expires.
3.2. Consequences of cancellation
In the event of an withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event 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 such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. The reimbursement may be withheld until we have received the goods back or have received evidence that the goods have been returned, whichever is the earliest.
The goods shall be returned or handed over 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 P. Keppler Verlag GmbH & Co. KG, Vertrieb, Postfach 100953, 63009 Offenbach a.M. The deadline is met if you the goods were sent back before the period of 14 days has expired.
The customer shall only be liable for any diminished value of the goods if it results from the handling by the cancelling person or a third party instructed by that person other than what is necessary to establish the nature, characteristics and functioning of the goods. In the event of digital contents, the withdrawal right expires upon execution of the contract, namely their download.
3.3. Withdrawal form
To withdraw from this contract, please complete and return this form to the address below:
Letter: P. Keppler Verlag GmbH & Co. KG, Vertrieb, Postfach 100953, 63009 Offenbach a.M.
I/we (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*) / the performance of the following service (*):
- Ordered on (*)/received on (*):
- Name of the consumer(s):
- Address of the consumers):
- Signature of the consumer(s)
- Place, date
(*) Delete as appropriate.
4. Delivery / reservation of title
Unless otherwise agreed, delivery within Germany is free of charge to the location stated in the order. If individual issues are ordered, shipment costs may be charged. Details regarding the delivery period shall be non-binding. Regarding deliveries to other countries, please inquire at email@example.com. Ownership of the goods delivered by Keppler is only transferred to the customer upon full satisfaction of all of Keppler's claims against the customer.
The delivery of digital content is normally done via the website of the magazine concerned by online news or e-paper. The provision of digital content at the indicated time cannot be guaranteed. Subject to technical and operational feasibility, Keppler shall eliminate any disruptions under its responsibility without undue delay.
Within one year after the respective issue has appeared, the reader may once again download the digital content purchased. After the expiry of the one-year period, Keppler is no longer obliged to facilitate such downloads by the user. Keppler is free to subsequently change any issues already published.
5. Rights of use
Keppler may restrict access to digital content to a fixed number of devices / downloads. The use of the publications' content, in particular its journalistic content, or the publication in its entirety, is to be exclusively used for private, non-commercial purposes unless, upon registration, the user has applied for the right of commercial use at a single workplace. Any distribution or transmission of its content to third parties or making content publicly available is prohibited, irrespective of its purpose or type. Keppler is entitled to sign digital content with invisible watermarking.
Any use of the copyrighted content provided by the publisher going beyond the purpose of the contract, in particular by means of reproduction, distribution, digitalisation, storage, regardless of the media on which it is stored or in which form, is not permissible and is a punishable offence.
More extensive rights, in particular the right of commercial use of the journalistic content (e.g. republication) as well as transferable use rights, multi-user licenses or licences for libraries and schools may be applied for and purchased by sending an email to firstname.lastname@example.org or letter to P. Keppler Verlag GmbH & Co. KG, Vertrieb, Postfach 100953, 63009 Offenbach a.M.
6. Payment and collection of payments
The customer agrees to receive the invoice under his/her email address as specified. The subscription fee shall fall due in advance subsequent to invoicing and in accordance with the agreed payment plan. If the customer fails to fulfil the obligation to pay within the payment period stated in the invoice, the customer shall be in default without a further reminder (dunning) pursuant to § 286, para. 3 BGB. Unless otherwise agreed, the term allowed for payment after invoicing is 30 days. The same applies if a direct debit from the customer's account is not possible due to reasons within the responsibility of the customer.
A dunning charge must be paid to Keppler for each reminder issued by Keppler after the default has occurred. The dunning charge is
- EUR 5 for the first reminder
- EUR 10 for the second reminder and
- EUR 15 for the third reminder.
Customer is free to prove that no costs or substantially lower costs were incurred.
7. Digital content
Keppler offers up-to-date information about various topics related to the paper, textile and packaging industries as well as to other special topics (hereinafter content) through its Internet domains of the titles. The following general conditions of use shall apply.
- The user must register and/or acquire a digital subscription to obtain specific content.
- Keppler can design the content of its websites freely and has the right to change, restrict, expand or discontinue the information service provided to users at any time, or to have it provided by a third party of its choice.
- The websites are not designed for persons in countries which forbid the possession of or access to the content contained therein. Each user has the responsibility to be aware of and comply with any restrictions prior to accessing these websites.
- The articles, data and forecasts published on the aforementioned domains have been researched with the utmost care. News and articles are sometimes based on news reports from news agencies and cooperation partners. Keppler will not be liable - neither explicit nor implicit - for the correctness, completeness, reliability, topicality and usability of the information retrieved by the user.
- Keppler will eliminate any major disruptions and errors as quickly as possible and will attempt to correct minor impairments within a reasonable time. Keppler will use its best efforts to ensure that the service is permanently accessible. However, the user has no claim to permanent availability and trouble-free services offered by the publisher.
8. Adjustment of the subscription price
Basically, the quoted subscription prices shall apply to deliveries in Germany; foreign subscriptions may be subject to higher prices. Keppler is entitled to adjust the subscription price. Price increases of more than 10% shall entitle the customer to terminate the contract without notice, effective from the time the increase takes effect. Keppler must receive such notice of termination within one month of notification of the price increase in the magazine.
9. Termination of the contract
Temporary subscriptions end with the expiry of the agreed time limit without notice of termination being required. Open-ended subscriptions continue to run after the minimum subscription period has expired unless terminated earlier. The notice of termination must be addressed to P. Keppler Verlag GmbH & Co. KG, Vertrieb, Postfach 100953, 63009 Offenbach a.M. or sent by email to email@example.com . In principle, the following periods of notice and extension of term shall apply unless other terms have been stipulated and/or agreed:
- Subscriptions with a minimum subscription period of one year or more are automatically extended by an additional year if they are not cancelled at the latest at least three months prior to the end of the subscription period.
- The subscribed product(s) already paid paid for will continue to be delivered even after termination, unless the customer expressly requests its prompt termination and a pro-rated refund of the price paid.
Keppler does not assume any liability for the permanent availability of the online connection and accessibility of the servers. Keppler is not liable for the non-appearance of digital issues due to disruption in the Internet service, force majeure or as a result of labour disputes; this also includes an interruption of operations and/or system failure. Temporary interruptions due to usual maintenance work, system-immanent disruptions at external providers or external network operators as well as force majeure are possible. Keppler shall not be liable for loss of data caused by the user or compatibility problems.
Keppler's liability for loss or damage suffered by the customer due to intentional or grossly negligent conduct by the publisher, for personal injuries, and for loss or damage set forth in the German Product Liability Act is unlimited in accordance with legal provisions. This also applies to damage caused by vicarious agents of Keppler.
Unless Keppler is liable under any accepted liability, liability for damages shall otherwise be limited as follows: Keppler shall only be liable for damage caused by slight negligence if such is due to an infringement of an essential contractual obligation (cardinal duties). Cardinal duties are contractual obligations whose performance is required for the proper implementation of the contract and upon whose compliance the contractual partner could rely. Accordingly, Keppler's liability for damage caused by slight negligence shall be limited to typical and foreseeable damage. This claim for damages shall lapse within 12 months after provision of the content.
The above provisions shall apply accordingly for the limitation of the obligation to pay compensation in case of wasted expenses and in favour of Keppler's employees, representatives and agents.
Otherwise, the statutory warranty rights shall apply.
11. Data and data protection
The customer confirms and warrants that all data provided by the customer is correct and complete. The customer undertakes to inform Keppler of any changes in the contractual data without delay (email: firstname.lastname@example.org, telephone: 06123 / 9238 -247). Any changes in the delivery address must be notified at least four weeks in advance. The customer agrees to postal service providers (e.g. Deutsche Post AG) informing Keppler of any changes in the customer's delivery address. Keppler shall not be held responsible for any delays or loss of shipments that result from a failure to inform of changes in the delivery address.
In processing and using personal data, Keppler always safeguards the legitimate interests of its customers in line with statutory requirements. Keppler uses the personal data of its customers for processing the contracts and transmits them to service providers, if necessary (e.g. data collectors, data processors, distributors). There may be a data exchange with respective service providers if credit assessments are required for selected measures. In addition, Keppler uses and processes the personal data of its customers for its own advertising and marketing research and possibly for third party marketing purposes. Without the customer's express approval, personal data will only be transmitted to third parties for postal advertising purposes (no email or telephone advertising), of course only within the framework of what is legally permissible.
The customer may object to the processing (including transmission) and use of the personal data for advertising and marketing research at any time by sending a short message to Keppler (email: email@example.com, telephone: 06123 / 9238 -247, or by letter to P. Keppler Verlag GmbH & Co. KG, Vertrieb, Postfach 100953, 63009 Offenbach a.M.). An objection will have no effect on the validity of the contract.
12. Final provisions
Keppler reserves the right to change these General Business and Delivery Terms and Conditions for subscriptions at any time. The current version of the seller's GTC in effect at the time the order is placed shall be valid.
Any changes and/or additions of this contract or parts of it must be in writing.
The law of the Federal Republic of Germany shall exclusively apply to the contractual relationship between Keppler and its customers. The place of jurisdiction shall be Offenbach am Main.
Should individual provisions of these General Business and Delivery Terms and Conditions be ineffective, the legal effectiveness of the other provisions is not affected. The invalid provisions shall be replaced by relevant statutory provisions.
The European Commission provides an online dispute resolution platform for out-of-court dispute settlement (so-called ODS platform) between an entrepreneur (§ 14 BGB) and a consumer (§ 13 BGB) at http://ec.europa.eu/consumers/odr/.
We are neither willing nor obliged to submit to dispute settlement proceedings before a consumer arbitration board.
Revised: February 2017