Cookie preferences
Shopping Cart
There are no more items in your cart
General Terms and Conditions
1 Validity
1.1 These General Terms and Conditions apply to all orders for print products, including those placed via the Internet, online products including databases and subscriptions, congresses, travel and products from the online shops of hpsmedia GmbH. Excluded from this are orders from booksellers (commercial resellers), for which the separate "Terms of Delivery and Payment for Booksellers / Commercial Resellers" apply.
1.2 Deviating terms and conditions are hereby rejected.
2 Offer and availability
2.1 Our offer is non-binding and is subject to the availability of the goods or the contents of our download offers.
2.2 Online databases subject to payment
In the case of online databases, the contract with the customer is concluded when hpsmedia GmbH sends the customer the password for the online service ordered. The password is communicated when the customer logs on to the online service. In the case of online databases that can only be used in conjunction with the conclusion of a print magazine subscription, the right to use the online databases arises upon the conclusion of the print magazine subscription.
2.3 Download offers subject to payment
The contract is concluded when the customer, after registering and selecting the desired content, enters the information required for the intended payment method and confirms the order with a mouse click.
2.4 Registration
The use of chargeable and free online services requires the customer to register with a password free of charge and without any resulting contractual obligations. The customer is obliged to provide truthful and complete information and to keep it up to date. In the event of incorrect or outdated information, hpsmedia GmbH is authorised to temporarily or permanently block access to the online service without the publisher being obliged to refund any fees already paid.
3 Delivery of goods, shipping costs
3.1 Delivery shall be made from D-35410 Hungen. Any stated delivery times or delivery periods are non-binding. The risk is transferred to you when the goods are dispatched.
4 Prices, payment and retention of title
4.1 Our prices are quoted inclusive of any applicable statutory VAT and, in the case of deliveries of goods, plus shipping costs. These are shown separately.
4.2 Invoices are due immediately unless otherwise agreed. Payments are to be made without deduction to one of the accounts stated in the invoice.
4.3 You may only offset counterclaims if these are undisputed or have been legally established. This applies accordingly to any rights of retention.
4.4 Delivered goods shall remain our property until the purchase price has been paid in full.
5 Magazines, congresses and travel
5.1 Magazine subscriptions are invoiced in advance for the current calendar year, beginning with the month of the first subscription, irrespective of the respective publication frequency. The subscription period is extended by one calendar year unless the publisher receives written notice of cancellation four weeks (28 days) before the end of the subscription year.
5.2 For reduced subscription prices for trainees, students and trainee lawyers, a corresponding confirmation of training must be submitted unsolicited with the order. The confirmation must include the expected end date of the training programme. From the calendar year following the training, the subscription will be converted to the normal price if no new confirmation is submitted to the publisher by 31 December of the last year charged.
5.3 hpsmedia GmbH does not guarantee that the online service ordered by the customer will be available at all times without interruption or errors. In the case of fee-based online services, the customer will receive a corresponding notification to the e-mail address provided by him in the event of a foreseeable interruption. In the event of interruptions for which the publisher is responsible, the customer has a right of cancellation - to the exclusion of any further warranty - and must notify the publisher in writing or in text form (letter, fax or e-mail to support@hpsmedia.info). In this case, the customer will be reimbursed for any fees already paid and not yet used pro rata temporis. In the case of online databases, the use of which is only possible in connection with the conclusion of a magazine print subscription, this right of cancellation only applies to the use of the online service. The magazine print subscription remains unaffected by the right of cancellation. However, the customer may demand an appropriate adjustment of the subscription price.
5.4 All content offered by the publisher is subjected to a state-of-the-art virus check. However, hpsmedia GmbH accepts no liability for any damage or impairment caused by computer viruses.
5.5 Unless express guarantees have been given, hpsmedia GmbH shall only be liable for breaches of duty of any kind in the event of culpable injury to life, limb or health. In these cases, the statutory liability shall apply. This also applies to liability under the Product Liability Act and for damages caused by gross negligence or wilful breach of duty. In the event of slight negligence, liability shall only exist in the event of a breach of material contractual obligations; in this case, liability shall be limited to compensation for foreseeable damage typical of the contract. Material contractual obligations are the respective main contractual performance obligations as well as other contractual (ancillary) obligations which, in the event of a culpable breach of duty, may jeopardise the achievement of the purpose of the contract.
5.5 In the case of both paid and free online services, hpsmedia GmbH grants the customer simple rights of use to the content. Passing on this content to third parties is not permitted and commercial use requires the prior consent of hpsmedia GmbH or separate licensing. For institutional customers (e.g. hospitals), the use of the content for the purposes of their institution does not constitute commercial use and is permitted.
The download quotas for individual access types are limited as follows: single user subscriptions: 30 downloads/week; institutional subscriptions 300 downloads/week, intranet subscriptions: no restriction; trial subscriptions: one current issue.
5.6 Copyright notices, etc. may not be removed and the customer is not authorised to change, edit, publicly reproduce or make available for download the content. Furthermore, the customer is not permitted to copy or save online content for the purpose of creating a collection, compiling new databases or using it in a local retrieval system.
5.7 The customer is obliged to keep his access data secret; it may not be passed on to other users. In the event of loss of access data or suspicion of unauthorised use by third parties, the customer is obliged to inform the publisher. In addition, the customer shall be liable for any misuse of the access data for which he is responsible. In cases where the customer can access the online content via a static IP, he is obliged to restrict IP access to the authorised users of his institution and to prevent unauthorised access to the online content by third parties.
5.8 In the case of fee-based online databases and subscriptions, the contract shall run for one year from the invoice date. It is extended by a further year in each case if the customer does not cancel in writing with eight weeks' notice to the end of the respective contract year (12 months from the invoice date). Invoices are always issued in advance for one contract year at a time. In the case of online databases that can only be used in conjunction with a print magazine subscription, the contract period corresponds to that of the print magazine subscription. The invoice is issued in advance for the current calendar year, beginning with the month of the first subscription. The subscription period is extended by one calendar year unless the publisher receives written notice of cancellation eight weeks before the end of the calendar year.
5.9 Congresses and travelling
hpsmedia GmbH is entitled to cancel an event for economic reasons. In this case, it will refund the participation fees already paid. There shall be no further claims. hpsmedia GmbH reserves the right to replace or cancel individual lectures at a conference. Such changes do not give rise to any right to reimbursement of the participation fee or parts of the participation fee or other expenses. Lectures and event documents are protected by copyright law. Rights of use are only transferred if the granting of rights of use is expressly agreed in writing. The participant is not authorised to copy licence material handed out for training purposes or to make it accessible to third parties. Licensed material is data processing programs and/or licensed data sets (databases) in machine-readable form, including the associated documentation. Insofar as these are not essential obligations arising from the contractual relationship ("cardinal obligations"), hpsmedia GmbH shall only be liable for itself and its vicarious agents for damages which are demonstrably based on an intentional or grossly negligent breach of duty within the scope of the contract and which are still typical damages within the scope of the foreseeable. hpsmedia GmbH shall not be liable for consequential damages resulting from incorrect contents of the lectures and seminars or the seminar documents (e.g. with regard to correctness and completeness). In the event of cancellation of registration up to the 14th calendar day before the start of the event, hpsmedia GmbH will refund the entire participation fee minus a processing fee of EUR 20.00. In the event of cancellation from the 7th calendar day before the start of the event, the full participation fee is due. Cancellations must be made in writing. A participant may be replaced by another person from the same company. We use the data collected during registration within the applicable legal limits for the purpose of providing our services. Participants will appear on the list of participants for the booked event, stating their name, position in the company, company and location.
6 Warranty and liability
6.1 If you provide us with evidence of defects in our services, we will either provide a replacement delivery or rectify the defect within a reasonable period of time. If we fail to do so, you have the right to cancel the contract or reduce the purchase price at your discretion. The statutory warranty period shall apply.
6.2 In addition, unless we have given express guarantees, we shall only be liable for culpable injury to life, limb or health caused by us or our vicarious agents. In this case, statutory liability shall apply. This also applies to liability under the Product Liability Act and for damage caused by a grossly negligent or wilful breach of duty by us or our vicarious agents. In the event of slight negligence on our part or on the part of our vicarious agents, liability shall only exist in the event of a breach of material contractual obligations; in this case, liability shall be limited to compensation for foreseeable damage typical of the contract. As a rule, this does not exceed the purchase price of the goods ordered. Essential contractual obligations are the respective main contractual obligations as well as other contractual (ancillary) obligations which, in the event of a culpable breach of duty, may jeopardise the achievement of the purpose of the contract.
6.3 You are responsible for the safekeeping and use of your user ID, namely your password. We are not liable for any damages you incur due to misuse or loss of your user ID.
7 Cancellation policy (right of cancellation and consequences of cancellation)
7.1 Cancellation of subscriptions and online services
Cancellation policy
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the first goods. You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
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 a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exclusion or premature expiry of the right of cancellation
The right of cancellation does not apply to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of cancellation expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us).
To hpsmedia GmbH, Managing Director Prof. Dr Andreas Lauterbach, Giessener Str. 2, D-35410 Hungen, fax number: 06402-7082669, e-mail address: support@hpsmedia.info:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/received on (*): _________________________
Name of the consumer(s): _________________________
Address of the consumer(s): _________________________
Signature of the consumer(s) (only for notification on paper)
_______________________________________________________
Date of notification
_______________________________________________________
(*) Delete as appropriate.
7.2 Right of cancellation for deliveries of goods
Cancellation policy
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
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 a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exclusion or premature expiry of the right of cancellation
The right of cancellation does not apply to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of cancellation expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us).
To hpsmedia GmbH, Managing Director Prof. Dr Andreas Lauterbach, Giessener Str. 2, D-35410 Hungen, fax number: 06402-7082669, e-mail address: support@hpsmedia.info:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/received on (*): _________________________
Name of the consumer(s): _________________________
Address of the consumer(s): _________________________
Signature of the consumer(s) (only for notification on paper)
_______________________________________________________
Date of notification
_______________________________________________________
(*) Delete as applicable.
8 Final provisions
8.1 You agree to the collection, storage, processing and use of your personal data and, if necessary, its transfer to third parties insofar as this is necessary for the purpose of executing your order and for the purpose of payment processing. Otherwise, we will treat your data as strictly confidential.
8.2 The place of fulfilment and - for orders from merchants - the place of jurisdiction is Giessen. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the Convention on Contracts for the International Sale of Goods (CISG).
8.3 Should any part of the contract or these General Terms and Conditions be invalid, this shall not affect the validity of the contract and the remaining terms and conditions.
8.4 Refusal of acceptance
If a buyer who is not a consumer within the meaning of § 13 BGB does not accept the goods sold, we are entitled to either insist on acceptance or to demand 10% of the purchase price as lump-sum compensation for damages and expenses, unless the buyer proves that no damage or less damage has been incurred. In the event of exceptionally high damages, we reserve the right to claim these. For the duration of the buyer's default of acceptance, we are entitled to store the delivery items at the buyer's risk at our premises, with a forwarding agent or a warehouse keeper. For the duration of the delay in acceptance, the Buyer shall pay us a lump sum of EUR 15.00 per month for the storage costs incurred without further proof. The lump-sum compensation shall be reduced to the extent that the buyer proves that expenses or damage have not been incurred. In the event of exceptionally high storage costs, we reserve the right to claim these.
8.5 Warranty
In the event of a warranty claim, the consumer is entitled, at his discretion, to assert a right to rectification of defects or delivery of defect-free goods (subsequent fulfilment). If the chosen type of subsequent fulfilment is associated with disproportionately high costs, the claim shall be limited to the remaining type of subsequent fulfilment. Within the scope of the delivery of defect-free goods, the exchange for higher-quality products with comparable properties is already deemed to have been accepted, provided this is reasonable for the consumer and us (e.g.: exchange for the successor model, same model series, etc.). Further rights, in particular the cancellation of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or after the subsequent performance has failed twice.
8.6 Entrepreneurs
If the purchaser is an entrepreneur, we shall be entitled to choose whether to remedy the defect or deliver defect-free goods within the meaning of § 439 BGB within one year of the delivery date. After the expiry of one year from the date of delivery, his warranty claims shall be limited to rectification of defects or crediting of the current value at our discretion. Should the entrepreneur demand reimbursement of expenses within the meaning of § 478 II BGB, this shall be limited to a maximum of 2% of the original value of the goods. Claims based on § 478 BGB are covered by the 24-month warranty for entrepreneurs according to 8.1 in the sense of equivalent compensation according to § 478 IV S. 1 BGB.
8.7 Warranty
No new warranty/guarantee periods come into force as a result of an exchange under the warranty/guarantee; § 203 BGB remains unaffected.
8.8 Guarantee
We do not assume any guarantee for the specified quality of the goods within the meaning of § 443 BGB. Any warranty rights granted by the manufacturer shall remain unaffected by this and shall be determined exclusively in accordance with the warranty declaration provided to the customer with the goods.
8.9 Liability
In accordance with the statutory provisions of warranty law, we shall be liable without limitation for damages resulting from injury to life, body or health which are based on a negligent or intentional breach of duty on our part or an intentional or negligent breach of duty on the part of our vicarious agents. In addition, we shall be liable without limitation in accordance with the statutory provisions for other damages if these are based on the breach of a material contractual obligation. This is the case if the breach of duty relates to a duty whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the customer has relied and was entitled to rely.
8.10 Liability
The liability provisions regulated under 8.9 are limited to the foreseeable, typically occurring damage and also apply to other breaches of duty outside of warranty law. This includes in particular the breach of primary and secondary obligations in the period prior to delivery of the goods. Otherwise, liability is limited to intent and gross negligence. We are not liable for the recovery of data unless we have caused the loss wilfully or through gross negligence and the buyer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.