General Terms and Conditions
Effective: 03 JAN 2022
General Terms and Conditions Online Shop – orders of books, data mediums (e.g. CDs, DVDs), eBooks, and software downloads
0. General notes and explanations
0.1 Delivery/Distribution Partnerships:
For orders via our online shop Vogel Fachbuch, we, Vogel Communications Group GmbH & Co. KG, Max-Planck-Straße 7/9, 97082 Würzburg, Germany (hereinafter: "Vogel") work with our distribution and delivery partner,
Brockhaus Kommissionsgeschäft GmbH
Phone: +49 (0)7154-13270
Fax: +49 (0)7154-132713
Orders for eBooks are also handled by our digital distribution partner,
Phone: +49 (0)89-5205759-0
Fax: +49 (0)89-5205759-59
(hereinafter: "ciando"), provided that this is so stated in the product description for the respective eBook in the online shop. For this, you will be redirected to Vogel's separate online shop at ciando (e.g. by clicking on the "Buy eBook" button), for which ciando is exclusively responsible and your contact.
We also work with other cooperation partners, listed on our websites: https://vogel-fachbuch.de/partners
Vogel provides the online shop for the aforementioned products merely as a platform to forward the customer's order to its cooperation partners. The contract is facilitated via the online shop and is concluded between you and the respective cooperation partner (see section 0.2).
0.2 Your contractual partner:
When ordering books and data mediums (e.g. CDs, DVDs) Brocom becomes your contractual partner instead of Vogel.
When ordering eBooks whose product description in the online shop explicitly references ciando, ciando becomes your contractual partner instead of Vogel.
0.3 Contract Processing:
Brocom acts as Vogel’s shipping and invoicing partner for orders of books and data mediums (e.g. CDs, DVDs). This concerns the entire order processing, especially invoicing, billing, and handling the rights to which you are entitled (e.g. warranty, right of revocation). You will receive an invoice from Brocom for your order, in which the delivery partnership with Vogel is stated.
Orders for eBooks whose product description in the online store explicitly references ciando are made via our separate online shop at ciando and are handled entirely by ciando.
1.1 Brocom’s general terms and conditions apply to orders handled by Brocom:
- If the customer is a consumer (§ 13, German Civil Code; herinafter: “BGB”) and enters into the contract for purposes that can predominantly be attributed neither to their commercial nor to their self-employed occupation, Brocom's B2C terms of delivery and payment shall apply. These are available at https://www.brocom.de/fileadmin/user_upload/PDF/AGB_B2C-Bestellung_bei_Brocom_B2C_Eigenhandel_aktuell.pdf.
- If the customer is an entrepreneur (§ 14, BGB) and enters into the contract on grounds of their commercial or self-employed occupation, Brocom's B2B terms of delivery and payment shall apply exclusively. These are available at https://www.brocom.de/fileadmin/user_upload/PDF/AGB_Brocom_B2B_Eigenhandel_aktuell.pdf.
1.2 The GTCs here serve to fulfill information obligations due to the special circumstances of orders in electronic business transactions via Vogel's online shops.
1.3 For orders of eBooks whose product description in the online shop explicitly references ciando, differing GTC of our digital distribution partner ciando apply.
2. Conclusion of contract
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to the customer to submit a quote.
2.2 Product images, drawings, or illustrations may differ slightly from the products shown on the Internet due to the technical presentation options. In particular, there may be color deviations. The specifications in the order confirmation are decisive for product quality.
2.3 The order by the customer can be placed via the Vogel online shop, by e-mail, by fax, by telephone, or also in writing. With your order, you submit a binding offer to conclude a purchase contract for the products listed on the order page. Your purchase contract is concluded upon the order being confirmed by an order confirmation in text form (e.g. e-mail) immediately after receipt of your order, or upon delivery of the products. The customer receives an e-mail confirming receipt of the order and listing its details. This order receipt confirmation does not constitute an acceptance of the offer, but merely informs of the order having been received.
2.4 To place an order in the online shop, the customer follows the following technical steps:
- Add item(s) to the shopping cart
- "Proceed to checkout" or "Edit shopping cart" and then "Proceed to checkout".
- Registering as a new customer or entering the login data for registered customers
- Selection of payment and shipping method
- "Check and order" (order summary page)
The customer submits their offer to conclude a purchase contract (section 2.3) by clicking the button "order with obligation to pay". Before submitting an order, the customer can correct faulty order specifications and navigate back to previous order steps using the common functions of the keyboard and mouse and the tools available during the ordering process.
2.5 The customer receives an e-mail confirming receipt of the order and listing its details. This order confirmation does not constitute an acceptance of the offer, but merely informs of the order having been received.
2.6 For the order process and the conclusion of the contract, English is available as language.
2.7 The contract text is not stored and is no longer accessible to the customer after completing the order process. However, the customer can save or print the order data immediately before submitting their order using the features of their browser and will receive an e-mail afterwards in which their order is listed again.
3. Prices and shipping costs
3.1 The prices stated on the product pages are binding and are shown as gross prices including the statutory value added tax plus shipping. Details of additional costs for shipping can be found in the online shop’s "delivery time and shipping costs" section.
3.2 Prices for books are subject to price maintenance in Germany (EUR) and in Austria (EUR (A)). Exceptions are books in English: Their prices are recommended retail prices. The prices for data mediums (learning programs, calculation programs), and software downloads are always recommended retail prices.
4. Terms of payment
4.1 Payment is made by invoice, by accepted credit card, or by PayPal. Details of the payment methods offered can be found in the "Terms of payment” in the online shop.
4.2 We reserve the right to exclude individual payment methods. The actually available payment methods result solely from the selection options in the Vogel online shop during the ordering process. There is no entitlement to a specific payment method, unless explicitly displayed during the ordering process.
5. Right of revocation
Customers who are consumers are entitled to the following right of revocation in accordance with statutory provisions:
Right of revocation
You have the right to revoke this contract within fourteen days. The revocation period is fourteen days from the day the contract is concluded for digital content that is not delivered on a physical data medium. Otherwise, the revocation period starts the day on which you or a third party named by you, that is not the carrier, has taken possession of the goods, or in the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, the revocation period starts the day on which you or a third party named by you, that is not the carrier, has taken possession of the last goods.
To exercise your right of revocation, you must inform
Brockhaus Kommissionsgeschäft GmbH
Phone: +49 (0)7154-13270
Fax: +49 (0)7154-132713
by sending a distinct declaration (e.g. a letter sent via mail, fax, or e-mail) containing your decision to revoke said contract.
If you would like to use the Brockhaus sample cancellation form for this purpose, you can download it here.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse all payments received from you, including delivery costs (except additional costs resulting from you having chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We can withhold the refund until we have received the goods back or until you have provided proof that you have posted the goods for return, whichever happens sooner.
You must return or hand over the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you post the goods before expiration of the fourteen-day period. We shall bear the costs of returning the goods. You will only have to pay for any loss in value of the goods that results from your handling of the goods in a way that is not necessary for testing the condition, properties, and functioning of the goods.
The right of revocation does not apply to contracts for the delivery of audio or video recordings or software, provided that the delivered data mediums have been unsealed by the customer, or to the delivery of newspapers, journals, and magazines (individual issues) with the exception of subscription contracts.
When ordering digital content, your right of revocation expires early, provided you expressly consent at the time of ordering to the execution of the contract starting before the expiration of the revocation period and that you are aware that this agreement will cause you to lose your right of revocation when the execution of the contract begins.
6.1 In principle, defect liability shall be in accordance with the provisions of the sale of goods laws (§§ 434 et seq., BGB). For consumer customers, the legal provisions of §§ 327d et. seq., BGB, apply regarding liability for defects when digital products like eBooks and software downloads.
6.2 If the customer is not a consumer but an entrepreneur, the vendor shall have the right to choose between remedying the defect or dispensation of a defect-free item.
7.1 Liability exists only in case of intent and gross negligence and in the event of breach of an essential contractual obligation (cardinal obligation). Cardinal duties are those which are essential for the fulfilment of the contract and on which the contracting partner regularly trusts and may trust. In the event of a slightly negligent breach of a cardinal obligation, liability shall be limited to damages foreseeable at the time of conclusion of the contract and typical for the contract. In the event of a slightly negligent breach of accessory obligations which are not cardinal obligations, there shall be no liability. For cases of initial impossibility, liability shall only be assumed if the impediment to performance was known or the lack of knowledge is result of gross negligence, unless this constitutes a cardinal obligation.
7.2 In case of limited or excluded liability, this shall also apply to the personal liability of the vendor's employees, representatives, and proxies.
7.3 The exclusions of liability mentioned above shall not apply in the event of fraudulent concealment of defects or the assumption of a guarantee of quality, to liability for claims based on the product liability act and for bodily injury (life, body, health).
7.4 Apart from that statutory provisions apply.
8. Force majeure
Force majeure or other unforeseeable events for which nobody is responsible, and which make it considerably more difficult or temporarily impossible to provide the contractual services, e.g. strike, lockout, regulatory actions, Covid-19 and other pandemics, etc., shall release contractual parties from compliance with the agreed delivery periods and prices. The customer shall have no right to revoke the contract or claim damages based on a delay in delivery caused by this.
9. Applicable law, place of jurisdiction, severability clause
9.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. In the event that the customer is a consumer, this shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9.2 Insofar as the customer is a merchant, a legal entity or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be Würzburg.
9.3 Should one of the provisions of these GTC be invalid or not part of the contract, the validity of the contract as a whole shall remain unaffected.
10. Information on the EU Commission's Online Dispute Resolution Portal, Alternative Dispute Resolution
10.1. The EU Commission provides an online portal for dispute resolution ("ODR platform"), which can be accessed via //ec.europa.eu/consumers/odr/. If the customer is a consumer residing in the European Union, it is possible to use this platform for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts.
10.2 There is neither an obligation nor a basic willingness to participate in a dispute resolution procedure before a consumer arbitration board.