Standard Terms and Conditions of Business

Terms and Conditions for Direct Selling in the Online Shop at www.springer.com





Revised: 13 June 2014

1. Definitions, Scope of Application 

1.1 The following Standard Terms & Conditions of Business (“T&C”)apply to the use of the Online Shop at www.springer.com (“Online-Shop”), as well as to the purchase contracts concluded at the Online Shop, and to all related services provided by Springer-Verlag GmbH, Heidelberger Platz 3, 14197 Berlin; Geschäftsführer (directors): Derk Haank, Martin Mos, Peter Hendriks (“Springer”).
1.2 As used in these T&C, the term “Customer” shall refer to users of the Online Shop and to buyers of digital and print products at the Online Shop.
1.3 1.3 Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is hereby expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless Springer has expressly confirmed same in writing.

2. Springer’s Performance 

2.1 In the Online Shop, Springer offers books, magazines, electronic books (“eBooks”), and electronic magazines (“ePapers”) for sale. The specific items and prices can be gathered from the details provided in each case at the Online Shop.
2.2 After placing an order for them, Customers can download and store eBooks and ePapers in PDF format, and/or – to the extent available in the Online Shop – in EPUB format (“Electronic Format”).
2.3 For ePapers, both separate issues for individual retrieval and subscriptions for varying periods are available.

3. Technical Requirements for Using Digital Content 

3.1 For using digital content and in particular for reading and storing the eBooks and ePapers, the Customer needs normal Internet access and a programme for viewing documents in Electronic Format.

4. Use of the Online Shop 

4.1 Customers intending to place orders at the Online Shop must first register to use the Online Shop.
4.2 The fundamental requirement for registering is that the Customer is of age and that he or she has full legal capacity.
4.3 The personal data requested during registration must be true and correct. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal particulars in the Online Shop.
4.4 By sending off the completed registration form, the Customer is submitting a proposal to conclude an agreement on accessing and using the Online Shop. Subsequently, the Customer will be sent a confirmation email containing his or her personal access data. This confirmation email constitutes Springer’s acceptance of the Customer’s proposal. In this way, an agreement on the use of the Online Shop will be formed.
4.5 Springer is entitled to turn down individual registrations for the Online Shop without stating any reasons.

5. Access Data 

5.1 The access data (email address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If the Customer obtains knowledge of any misuse of access data, or simply suspects such misuse, he or she must immediately report this to Springer. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorisation. The Customer’s liability for further actions taken by third parties shall lapse as soon as he or she has informed Springer about the unauthorised usage of access data or their loss, and has changed his or her password, if necessary.
5.2 In the event of any breach of these terms of use and T&C, in particular
- If incorrect data are provided during registration, and/or
- If access data (esp. the password) is disclosed without authority to do so,
Springer shall be entitled to temporarily or permanently block the Customer’s access data, and/or to finally and conclusively refuse the Customer access either with immediate effect or after a period of notice fixed at Springer’s own discretion, and/or to give extraordinary notice terminating the agreement on use with immediate effect. In any such case, the Customer may not re-register as a user of the Online Shop without Springer’s express prior approval.

6. Purchase of Print Products and Digital Content 

6.1 The Customer has the option of ordering individual issues of certain books and/or magazines as print products and/or as eBooks or ePapers and may also take out subscriptions, by clicking on the relevant shopping cart button provided for the goods on offer, and by subsequently completing the order process.
6.2 By clicking on the “Order Now” button, the Customer submits a proposal to conclude the relevant contract. Springer accepts this proposal by sending order confirmations by email, whereupon the contract is formed. Springer is under no obligation to accept the Customer’s proposal. Springer’s confirmation of receipt of an order does not constitute a binding confirmation of the actual order.
6.3 The Customer does not have withdrawal right when
-purchasing single copies of print magazines via Springer.com.
- the purchase of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
The right of withdrawal expires for ePapers and eBooks if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
6.4 When buying print products other than single copies of magazines, the Customer has the following withdrawal right:
(a) For a contract on the delivery of goods which are delivered in one delivery, the following shall apply:
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal 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 goods.
To exercise the right of withdrawal, you must inform us (Springer-Verlag GmbH, Heidelberger Platz 3, 14197 Berlin ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal 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 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 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. 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 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 without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal 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.
(b) For a contract on the delivery of goods which have been ordered in on order but are delivered separately, the following shall apply:
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal 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 of withdrawal, you must inform us (Springer-Verlag GmbH, Heidelberger Platz 3, 14197 Berlin ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal 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 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 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. 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 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 without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal 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.
(c) For print magazine subscriptions the following shall apply:
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal 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 first good.
To exercise the right of withdrawal, you must inform us (Springer-Verlag GmbH, Heidelberger Platz 3, 14197 Berlin ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal 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 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 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. 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 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 without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal 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.
(d) For ePapers and eBooks the following shall apply:
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Springer-Verlag GmbH, Heidelberger Platz 3, 14197 Berlin ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal 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 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 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. 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 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 without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal 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.
(e) The following form may be used to state your withdrawal, but it is not obligatory:
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To Springer-Verlag GmbH, Heidelberger Platz 3, 14197 Berlin :
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision 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.

7. Terms of Delivery for Print Products 

7.1 The books, magazines and other print products sold by Springer shall be dispatched to the Customer. The Customer shall pay the normal shipping costs. During the order process, the Customer’s attention will be expressly drawn to this fact and to the actual shipping costs payable.
7.2 Springer is entitled to make part-deliveries.
7.3 On exercising the revocation right, the Customer shall pay the standard cost of returning the goods if the price of the item being returned is less than EUR 40, or – for items costing more than this amount – if on the date of revocation the Customer has not yet effected counter-performance or not yet made a part-payment agreed in the contract, unless the items ordered have not been correctly delivered. In all other cases, returning items on exercising the revocation right is free of charge.

8. Delivery of Digital Content 

8.1 eBooks and/or ePapers are delivered in Electronic Format.
8.2 For delivery purposes, the Customer can click on a button on Springer’s website after conclusion of the contract, which triggers the downloading of the respective file in Electronic Format from “ebooks.com.” Ebooks.com acts as Springer’s vicarious agent in this respect.
8.3 Springer reserves the right to discontinue distributing individual eBooks or ePapers in the event of any violation of copyright or for other important reasons. If, for this reason, the product bought is no longer accessible via the link mentioned in Clause 8.2 above within the first 12 months of the contract’s having been concluded and the Customer has not yet downloaded a complete, technically satisfactory file of the eBook eBook in one of the Electronic Formats offered, the full amount paid for the book concerned shall be refunded to the Customer by Springer.

9. Subscription Periods 

9.1 The various subscriptions – no matter whether for print or digital products – are always for a specific period. The subscription periods available are stated in the respective presentation of each item. This means that, on the one hand, they will not be automatically renewed where the Customer fails to actively give notice; on the other hand, they cannot be cancelled in accordance with normal procedure, either. Nonetheless, both parties reserve the right to terminate a subscription with immediate effect for grave cause. Notification of any such termination must be issued in writing.

10. Prices, Terms of Payment 

10.1 The prices for the individual goods are stated in the respective presentation of each item. For ePaper subscriptions however, Springer reserves the right to offer special prices to Customers who concurrently take out a subscription for the corresponding print publication.
10.2 The subscription prices for certain ePapers may increase or decrease during the term of the agreement on use. Any such price change shall not affect a subscription already taken out. However, if the Customer wishes to actively renew a subscription in the Online Shop, the subscription price then in force shall apply for the renewed subscription.
10.3 All the prices quoted in the Online Shop include German statutory turnover tax at the rate in force at the time.
10.4 Unless otherwise agreed, payment for an individual order of a print product, or for one-off retrieval of an eBook or ePaper, or for a subscription (no matter whether print or digital) must be made in advance and shall fall due for payment immediately on completion of the order.
10.5 Springer may offer various means of payment. For print products, the purchase price may be paid by credit card, PayPal or bank remittance. For digital products (eBooks or ePapers), the purchase price may be paid either by credit card or by PayPal. For payments handled by a payment system provider (e.g. PayPal), the respective provider’s terms of business and terms of use shall apply exclusively; the Customer may need to have a user account with the respective provider.
10.6 The Customer shall be billed electronically for the goods and services ordered, and invoices shall be sent to the email address he or she has specified. If the Customer also wishes hard-copy invoices to be sent, Springer may charge a separate fee for this.
10.7 If the Customer fails to honour his or her payment obligations, or if any amounts paid are reverse-charged, Springer shall be entitled to block the Customer’s access to the Online Shop, while at the same time reserving the right to assert further claims. If access is blocked because receivables are still outstanding and if the Customer balances the arrears, his or her access shall be reactivated.
10.9 Print products are delivered subject to retention of title. The goods delivered shall remain Springer’s property until such time as the purchase price has been paid in full.

11. Rights of Use for Digital Content 

11.1 Digital content shall be delivered to the Customer by making the eBook or ePaper available in Electronic Format (cf. Clause 8 above).
11.2 The strictures of copyright law shall apply. The Use of eBooks or ePapers is permitted, inter alia, for the Customer’s own purposes. If the Customer downloads an eBook or ePaper as a document in Electronic Format, the file may be stored on the end device used by the Customer personally. Any other or more extensive types of use and exploitation shall be permissible only pursuant to the provisions of the law. Thus the following in particular are not permitted: making additional copies other than those permissible under law of the eBook or ePaper, in particular on end devices or media to which other individuals or entities have access; adapting or redesigning the eBook or ePaper, and publishing or exploiting the item thus made; passing on the eBook or ePaper to third parties, or lending it out or otherwise circulating it; and making the eBook or ePaper publicly accessible or sending it to third parties. This also covers use in an intra- or extranet. The above rules also apply to any additional content that is retrieved from eBooks or ePapers as a source.
11.3 Clause 11. 2 above additionally shall apply not only to the eBook or ePaper in its entirety, but rather to all the individual articles, photographs, and other individual components or parts it contains, unless the part concerned does not in itself enjoy statutory protection under copyright law or other legislation.
11.4 Springer reserves the right to mark the Customer’s eBook or ePaper with the Customer’s name and eMail address, using an electronic watermark or some other technical identification mark. Moreover, to prevent misuse, Springer reserves the right to mark the eBook or ePaper and individual content items by other means that are not necessarily evident to the Customer. Finally, Springer reserves the right to equip the eBook or ePaper with a technical safety device to prevent any acts in breach of copyright and any other infringements of protective rights.
11.5 Springer reserves the right to block the Customer’s access to the retrieval of his or her eBook(s) or ePaper(s) if the Customer has acted in breach of Clause 11.2 above, or has enabled third parties to use or exploit an eBook or ePaper or parts thereof without authority to do so. Springer likewise reserves the right to block and/or prohibit access to files of the eBook(s) or ePaper(s) the Customer has already downloaded if the Customer has acted in breach of Clause 11.2 above, or has enabled third parties to use or exploit an eBook or ePaper or parts thereof without authority to do so.

12. Warranty and Liability 

12.1 For goods, there is a legal guarantee of conformity.
Springer shall be held liable in accordance with statutory regulations for any loss or damage sustained by the Customer that is caused by intent or gross negligence; is due to the object of performance lacking a warranted characteristic; is based on a culpable breach of so-called “cardinal obligations;” results from the loss of life, limb, or health; or is covered by liability under product liability law.
12.2 Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner fundamentally may rely on being performed, and the breach of which jeopardises attainment of the very purpose of the contract.
12.3 If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve the loss of life, limb, or health – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.
12.4 In all other respects, liability towards Springer and Springer’s vicarious agents – for whatever cause in law – is hereby ruled out.
12.5 Where damages sustained by the Customer result from loss of data, Springer shall not be held liable if such damage could have been avoided had the Customer regularly saved all the relevant data and made complete backups at intervals that duly reflect the value of the data.

13. Terminating the Account for the Online Shop 

13.1 The Customer may give notice terminating the agreement on use for the Online Shop at any time. Notice may be sent by email to golive@springer.com or declared in writing and sent by telefax or post.
13.2 After the agreement on use has terminated, the Customer shall no longer have any access to the Online Shop and shall therefore no longer be able to access any eBooks or ePapers ordered. Unused amounts under an on-going ePaper subscription taken out by the Customer shall not be refunded.
13.3 Both parties reserve the right to give extraordinary notice for grave cause.

14. Contract Document 

14.1 Springer makes no provision for separate contract documents based on these T&C. Springer therefore will not store “the contract document” that specifically relates to the Customer personally. When logged in to the Online Shop however, the Customer will see the subscriptions taken out in his or her name.

15. Data Protection 

15.1 Springer attaches great importance to the protection and safety of the Customer’s personal data. All the relevant information is contained in Springer’s Privacy Policy as amended from time to time.

16. Miscellaneous 

16.1 If the Customer is a registered trader, a public corporation or a special trust managing public assets, Berlin shall be the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Springer and the Customer. In such event, Berlin shall be deemed to have been agreed as the place of performance.
16.2 The same shall apply if, subsequent to the conclusion of the contract, the Customer’s place of residence or habitual place of abode is located at some place outside the territory of the Federal Republic of Germany or is relocated to such a place. This shall also apply if the Customer’s place of residence or habitual place of abode is not known at the time when legal action is filed.
16.3 German law shall apply exclusively. Any application of CISG is hereby ruled out.
16.4 If any provision of these Standard Terms & Conditions of Business is ineffective, this shall not affect the validity of the remaining provisions. In any such case, the parties shall negotiate for a clause that is to substitute the ineffective provision and that reflects the content of the original provision as closely as possible.

General Terms and Conditions of Use