CGC

GENERAL TERMS AND CONDITIONS OF OPEN PUBLISHING GMBH

A. General Terms and Conditions for Purchasers

1. General Information

Open Publishing GmbH, Nymphenburger Str. 86, 80636 Munich, Germany – hereinafter «Open Publishing» – offers customers – hereinafter «Purchasers» – to acquire publications for a fee. Upon completion of the order process a contract including these General Terms and Conditions is closed between the Purchaser and Open Publishing. The following General Terms and Conditions of Open Publishing, which are acknowledged by the Purchaser upon ordering, apply exclusively to the business relationship between Open Publishing and the Purchaser. Any terms and conditions of the Purchaser deviating from or contradicting these General Terms and Conditions shall not apply, unless explicitly recognized by Open Publishing in writing. German law applies under exclusion of the UN sales law.

2. Rights of Use

The Purchaser is not allowed to reproduce, distribute, present publications publicly or make a publication accessible to the public. Individual duplicates, e.g. copies or print-outs, may only be produced for private or other personal use (§ 53 UrhG [Germany’s Copyright Act]). The creation and distribution of further reproductions is only allowed with explicit authorization. A publication may neither be changed regarding content or editorially, under reserve of deviating mandatory legal regulations.

3. Warranty / Complaints

A complaint due to content-related deficiencies in the publication is not acceptable. Open Publishing is not responsible for the quality of content and layout of the respective publications, especially the presentation, structure or functionality of the therein described processes and the correctness of the researched data and results. The authors themselves are responsible for the content of their publications. Open Publishing does not warrant that the publications have been created, graded and published in accordance with legal requirements, especially with examination regulations.

4. Liability

Open Publishing is not liable for damages not occurring in the merchandise itself, especially for lost profit or other financial loss of the Purchaser, unless based on gross negligence or intent of Open Publishing. In case of slight negligence, Open Publishing is only liable for infringements essential to the contractual duties (cardinal duties). For the rest, the contractual and non-contractual liability of Open Publishing is limited to intent and gross negligence, with such restriction on liability also applying to acts of any vicarious agent of Open Publishing. This restriction on liability shall not affect claims of damage compensation based on personal injury or on Germany’s Product Liability Act (ProdhaftG).

5. Right of Withdrawal
Right of Withdrawal for Digital Content (e.g. E-Books)

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after closing the contract.

To exercise your right of withdrawal you must inform

GRIN Verlag / Open Publishing GmbH
Nymphenburger Str. 86
80636 Munich
Germany

Tel: +49 (0)89-550559-0
Fax: +49 (0)89-550559-10

E-Mail: info@grin.com

of your decision by unequivocal statement (e.g. via a letter sent by mail, fax or e-mail). You may use the attached Model Withdrawal Form which is, however, not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send Open Publishing your message concerning your decision to exercise your Right of Withdrawal before the withdrawal period has expired.

The right of withdrawal ends when Open Publishing has begun with the execution of the contract, after (i) the Purchaser has unequivocally agreed via download of the e-book that Open Publishing may begin with the execution of the contract, and (ii) has confirmed his knowledge of having agreed to losing his right of withdrawal with the beginning of the execution of the contract.

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 the supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us), immediately and in any event no later than 14 days from the date on which we have received your message informing us of your wish to withdraw from the contract. We will carry out such reimbursement using the same means of payment as used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Right of Withdrawal for Goods (e.g. Print Books)

You have the right to withdraw from your contract without providing reasons within 14 days. The deadline of withdrawal expires 14 days after the day you or a known third party, who is not the carrier, takes or has taken the goods into possession.

To exercise your right of withdrawal you must inform

GRIN Verlag / Open Publishing GmbH
Nymphenburger Str. 86
80636 Munich
Germany

Tel: +49 (0)89-550559-0
Fax: +49 (0)89-550559-10
E-Mail: info@grin.com

of your decision by unequivocal statement (e.g. via a message sent by mail, fax or e-mail). You may use the attached Model Withdrawal Form which is, however, not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send Open Publishing your message concerning your decision to exercise your 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 the supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us), immediately and in any event no later than 14 days from the day on which we have received your message informing us of your wish to withdraw from the contract. We will carry out such 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 such reimbursement.

We may withhold reimbursement until we have received the goods or you have supplied evidence of having sent them back, depending on whichever is earliest.

You must send back or hand over the goods to us immediately and in any case within 14 days from the day you informed us of your wish of withdrawal from the contract. 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 if this diminished value can be traced back to any handling of the goods unnecessary for the examination of the quality, characteristics and function of the goods by you.

The right of withdrawal does not apply to distance contracts for the delivery of goods that are not ready-made and for whose creation an individual choice or determination by the consumer is essential or which are unequivocally fitted to the personal needs of the consumer.

– End of Withdrawal Instructions –

6. Information according to the Consumer Dispute Resolution Act (German abbr. VSBG)

According to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed under http://ec.europa.eu/consumers/odr/.

GRIN Publishing / Open Publishing GmbH does not take part in dispute settlement proceedings before a consumer arbitration board. GRIN Publishing / Open Publishing GmbH is not obligated to do so either.

B. Credit Card Payments

Credit card payments are processed by
PAYONE GmbH 
Fraunhoferstraße 2-4 
24118 Kiel, Germany 

Seat of company: Kiel 
Amtsgericht Kiel HRB 6107 
Directors: Carl Frederic Zitscher, Jan Kanieß

A Member of Sparkassen-Finanzgruppe

C. Your Contact

GRIN Verlag /
Open Publishing GmbH

Nymphenburger Str. 86
80636 Munich
Germany,
Tel: +49 (0)89-550559-0
Fax: +49 (0989-550559-10
E-Mail: info@grin.com

Ust. ID-Nr.: DE212031523
Amtsgericht München: HRB 175803