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

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Revised: 23.01.2018

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 us. For customers domiciled or established in North, Central or South America, contracts are concluded with Springer Customer Service Center LLC (233 Spring St, New York, NY, 10013 United States, phone 1-866-839-0194, fax: +1 212 460 1700, email: customerservice@springernature.com); for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia, contracts are concluded with Springer Customer Service Center GmbH (Tiergartenstr. 15-17, 69121 Heidelberg, Germany, phone +49 (0) 6221 345 4303, fax: +49 6221 345 4229, email: customerservice@springernature.com) (“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 Any terms of business laid down by the Customer which diverge from these T&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 (including individual chapters thereof, if available) (“eBooks”), and electronic magazines (including individual articles thereof, if available) (“ePapers”) for sale as well as non-renewing access for a limited period of time to packages of eBooks and/or ePaper arranged by subject matter (“Springer Topic Collections”). The specific items and prices or subscription terms 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.

2.4. The Customer will be granted access to Springer Topic Collections after his or her respective order by access to the URL www.springerlink.com (“SpringerLink”). After a customer has subscribed to a Springer Topic Collection, Springer may, at its sole discretion, add further ePapers and/or eBooks to that Springer Topic Collection or replace existing content with revised editions. The customer shall, however, not be entitled to such additions or revisions of the Springer Topic Collection.

3. Technical Requirements for Using Digital Content

3.1 For using digital content and in particular for reading and storing the eBooks, ePapers, and Springer Topic Collections, 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.

4.6 If the Customer purchases access to a Springer Topic Collection, this Agreement shall include the use of SpringerLink to extent necessary for access to the Springer Topic Collection purchased by the Customer.

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&, 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 of print products or access to a Springer Topic Collection, 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, eBooks, and Springer Topic Collections 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 Right of withdrawal

(a) When buying print products other than single copies of magazines, the Customer has the following withdrawal right:

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 (for customers domiciled or established in North, Central or South America: Springer Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States, fax: +1 212 460 1700, email: customerservice@springernature.com; for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia: Springer Customer Service Center GmbH, Tiergartenstr. 15-17, 69121 Heidelberg, Germany, fax: +49 6221 345 4229, email: customerservice@springernature.com) 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.

(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 (for customers domiciled or established in North, Central or South America: Springer Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States, fax: +1 212 460 1700, email: customerservice@springernature.com; for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia: Springer Customer Service Center GmbH, Tiergartenstr. 15-17, 69121 Heidelberg, Germany, fax: +49 6221 345 4229, email: customerservice@springernature.com) 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 (or customers domiciled or established in North, Central or South America: Springer Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States, fax: +1 212 460 1700, email: customerservice@springernature.com; for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia: Springer Customer Service Center GmbH, Tiergartenstr. 15-17, 69121 Heidelberg, Germany, fax: +49 6221 345 4229, email: customerservice@springernature.com) 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 purchase contracts of as well as subscriptions of online access to ePapers, eBooks, and Springer Topic Collections 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 (for customers domiciled or established in North, Central or South America: Springer Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States, fax: +1 212 460 1700, email: customerservice@springernature.com; for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia: Springer Customer Service Center GmbH, Tiergartenstr. 15-17, 69121 Heidelberg, Germany, fax: +49 6221 345 4229, email: customerservice@springernature.com) 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 Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States (for customers domiciled or established in North, Central or South America) (*) / To Springer Customer Service Center GmbH, Tiergartenstr. 15-17, 69121 Heidelberg, Germany (for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia) (*):
  • — 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. 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.

8.2 Access to Springer Topic Collections is granted by activating the Springer Topic Collection purchased by the Customer on SpringerLink. The Customer may access the Springer Topic Collection in either of the following ways: (a) via the detail page of the product in the Online Shop, which is linked to on SpringerLink, or (b) via direct log-in on SpringerLink. The required login data are the same as that for the Online Shop.

8.3 Springer reserves the right to discontinue distributing individual eBooks or ePapers or Springer Topic Collections or parts thereof 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 8.1 or 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 (or, if it is part of a Springer Topic Collection, an according part of the full amount) shall be refunded to the Customer by Springer.

9. Subscription Periods, including Subscriptions of Springer Topic Collections

9.1 Subscriptions of journals (print and digital) are always made for one calendar year (January—December) and include the number of issues stated on the price list or on the product page. They will be renewed automatically for another year unless notice of termination is given until 30 September of the current year.

9.2 Subscriptions of Springer Topic Collections are made for one year starting with the conclusion of the contract. They will not be automatically renewed and cannot be terminated before the end of the subscription period.

9.3 Nonetheless, both parties reserve the right to terminate a subscription with immediate effect for grave cause.

9.4 Notice of any such termination must be transmitted in text form (pursuant to section 126b of the German Civil Code). Please send your notice of termination by email to customerservice@springernature.com or to the following address: Springer Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States (for customers domiciled or established in North, Central or South America) or to Springer Customer Service Center GmbH, Tiergartenstraße 15-17, 69121 Heidelberg (for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia) or by telefax to +1 212 460 1700 (the Americas) or to +49 6221 345-4229 (rest of the world).

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 as well as Springer Topic Collections 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, including subscriptions of Springer Topic Collections (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 or subscription 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 and, if applicable, to SpringerLink, 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 Purchased 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 Use of eBooks or ePapers is permitted only for the Customer’s own purposes and the cases allowed by copyright law. If the Customer downloads digital content, the file may be stored on the end device used by the Customer personally. The following in particular are not permitted: making unauthorised additional copies, in particular on end devices or media to which third parties have access; adapting digital content, and publishing or exploiting the item thus made; passing on digital content to third parties, or making it available to the public (including intranets). The above rules apply to digital content in its entirety as well as any part that is protected by copyright (individual chapters/articles, photographs, diagrams etc.)

11.3 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 technological protection measures to prevent any acts infringing copyright and any other infringements of intellectual property rights.

11.4 Springer reserves the right to block or forbid the Customer’s access to the retrieval of his or her eBook(s) or ePaper(s) or access to digital contend that has already been downloaded if the Customer has acted in breach of Clause 11.2 above.

11.5 Clauses 11.1 through 11.4 apply to Springer Topic Collections accordingly. Furthermore the usage rights to all digital contented that has been downloaded from a Springer Topic Collection shall end as soon as the respective subscription expires. After that the data may not be used any longer and must be deleted by the Customer; also Springer may block access to that data.

12. Warranty and Liability

12.1 For goods (print products), there is a legal guarantee of conformity. Claims arising from that guarantee become statute-barred within two years after the goods have been received.
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.

13.2 After the agreement on use has terminated, the Customer shall no longer have any access to the Online Shop and, if applicable, also to SpringerLink, and shall therefore no longer be able to access any eBooks, ePapers, or Springer Topic Collections ordered. Unused amounts under an on-going ePaper or Springer Topic Collection subscription taken out by the Customer shall not be refunded.

13.3 Both parties reserve the right to give extraordinary notice for grave cause.

13.4 Notice of any such termination must be transmitted in text form (pursuant to section 126b of the German Civil Code). Please send your notice of termination by email to customerservice@springernature.com or to the following address: Springer Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States (for customers domiciled or established in North, Central or South America) or to Springer Customer Service Center GmbH, Tiergartenstraße 15-17, 69121 Heidelberg (for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia) or by telefax to +1 212 460 1700 (North, Central or South America) or to +49 6221 345-4229 (Europe, Middle East, Africa, Asia, Oceania, Australia).

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 of ePapers and Springer Topic Collections 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.

Out-of-court settlements

We do not engage in out-of-court settlements before consumer arbitration bodies.

Disclaimer

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Springer-Verlag cannot take responsibility for information found on third party Web sites outside its control. While we attempt to provide links only to third-party Web Sites that comply with all applicable laws and regulations and our standards, please understand that the content on these third-party Web Sites is subject to change without notice to Springer-Verlag.

We therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party Web Site

General T&Cs of Business for Traders (Books & Electronic Media)

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1. Orders

Orders shall be accepted by the Publisher by submitting an invoice or providing a confirmation of the order. By taking delivery of the consignment, the Buyer consents to the terms and conditions of sale and payment. No other terms can be accepted by the Publisher. This also applies if the Publisher does not expressly object to any such terms. The order may also be accepted by dispatching the goods.

2. Delivery

Books, journals and other products supplied by the Publisher shall only be delivered on firm account and at the cost and risk of the Buyer from the place of consignment determined by the Publisher.

Any other agreements shall only be valid if confirmed by the Publisher in writing.

The Publisher reserves the right to require advance payment before delivering goods. Delivery dates shall only be binding if confirmed by the Publisher in writing.

3.Transport risk

All consignments shall be made at the Buyer's risk from the moment of dispatch, even if the goods are destroyed or damaged accidentally or by force majeure. The Publisher shall not replace any consignments lost or damaged during transport. In order to safeguard his or her interests, the Buyer must therefore report any damage to the relevant postal authority, forwarding agent or railway company body within the time limits specified by these bodies.

4. Agreement on conformance with quality description without a guarantee

4.1. The Publisher guarantees that, at the time the risk passes to the Buyer, the article of sale conforms to the quality description; this is determined solely on the basis of the specific agreements made by and between the parties concerning the nature, characteristics and quality features of the goods.

4.2. It is not the Publisher's intention - nor is the agreement made by the parties so designed - to give the Buyer a guarantee concerning the nature of the article of sale above and beyond the agreement on conformance with the quality description made in sec. 4.1.

4.3. In accordance with sec. 4.2., details given in catalogues, price lists or any other information material made available to the Buyer by Springer-Verlag shall in no way be understood to constitute any such guarantee concerning the particular quality of the article of sale.

5. Warranty, duty to examine goods

5.1. Any rights of warranty on the part of the Buyer presuppose that he or she examines the article of sale after delivery and informs the Publisher of any defects in writing without delay, no later than two weeks after delivery; the Publisher must be notified of any hidden defects without delay after such defects have been discovered.

5.2. Defects in part of the delivered articles of sale shall not entitle the Buyer to cancel the agreement unless a part delivery is of no interest to the Buyer. The same applies to the Buyer's right to claim damages instead of the entire delivery.

5.3.The Publisher shall rectify any defects covered by guarantee at its own option by either rectifying the defect or providing replacement goods at no cost to the Buyer.

5.4.In the event that the Publisher seriously and definitely refuses to perform the agreement or that rectification of the defect or provision of a replacement is unsuccessful, or if the Buyer cannot reasonably be expected to accept it or if the Publisher refuses to do so on account of unreasonable costs pursuant to s. 439(3) of the German Civil Code (Bürgerliches Gesetzbuch, BGB), then the Buyer shall be entitled at his or her own option in accordance with the legal provisions to terminate the agreement, reduce the purchase price or claim compensation for damages (or, if appropriate, reimbursement of expenditure).

5.5. The limitation period for guarantee claims relating to the article of sale shall be 12 months from the time of delivery to the Buyer.

6. Compensation for damages and limitation of liability

6.1.The Publisher shall be liable to pay compensation for damages pursuant to the legal provisions except where sec. 6.2 provides otherwise.

6.2. By way of exception, the Publisher shall be liable:

a) for ordinary negligence causing the violation of essential duties arising from the relationship under the law of obligation, up to a maximum amount foreseeable for this kind of contract; otherwise

b) not at all for ordinary negligence causing the violation of non-essential duties arising from the relationship under the law of obligations.

6.3. This shall apply to all claims for compensation, for whatever legal cause, particularly to liability for torts.

6.4. The Buyer shall be obliged to take appropriate measures to avoid or reduce damage.

7. Reservation of title

7.1. Pursuant to s. 449 of the German Civil Code, the Publisher reserves the title to deliveries made by the Publisher. The delivered goods shall remain the property of the Publisher until all existing principal and subsidiary claims arising from past and future deliveries have been settled.

7.2. If the Buyer resells the goods, the Buyer shall reserve his or her conditional title to the goods to which title is reserved vis-à-vis his or her customers until said customers have paid the purchase price in full.

7.3. By way of security, the Buyer hereby assigns to the Publisher all of his or her claims from the resale of the goods to which title is reserved. The Publisher accepts this assignment.

7.4.In the event that the Buyer includes the claims arising from the resale of the goods to which title is reserved in a current account relationship with a third party, the periodic balance acknowledged in each case after the balancing of accounts of the individual current account claims shall be deemed to have been assigned to the Publisher. The same applies to the final balance upon termination of the current account relationship if the periodic balance is transferred to the current account.

The Publisher also hereby accepts this assignment.

In the event that claims on the part of the Publisher are included in an existing current account relationship with the Buyer, the agreed reservation of title shall be deemed as security for the balance due to the Publisher.

The Buyer is obliged to notify the Publisher without delay if the goods to which title is reserved or the claims resulting from the resale of the goods are transferred to a third part. At the Publisher's request, the Buyer shall notify the Publisher of the debtors of the assigned claims, the exact amount due and the date upon which the claims arose.

The Publisher shall be entitled to disclose the assignments and to collect the claims itself. After full payment of all of the Publisher's claims arising from business dealings with the Buyer, the goods to which title is reserved shall automatically become the property of the Buyer

8. Prices

8.1. All orders shall be processed at the prices valid at the time the order was received by the Publisher.

8.2. The Buyer undertakes to comply with all prices fixed by the Publisher for fixed-price publications. Dealers shall obtain the due undertaking from their customers. In the event of any violation, the Publisher shall be entitled to discontinue deliveries. If the Publisher has reason to doubt that the fixed retail prices are not being complied with, it shall be entitled not to accept the order and to refrain from delivering goods.

8.3. The Publisher's journals and non-German publications and CD-ROMs are not subject to fixed prices. Non-binding recommended prices are given for such goods. The prices stated on the invoice are binding. In the event that the Publisher has given notice of changes in price before receipt of the order, the new prices shall apply.

8.4. Dispatch costs shall be charged separately.

9. Payment

Payment is due upon receipt of the invoice unless any other agreement has been made. Payments made in foreign currencies shall be accepted at the current rate of exchange. No discounts shall be granted for payment in cash. Cheques shall only be accepted on account of payment. Payments shall not be deemed to have been made until the amount on the cheque has been unconditionally credited to the Publisher's account. Bank charges and fees shall be paid directly by the Buyer.

10. Default in payment

In the event of default in payment, all further amounts due to the Publisher at the time such default begins shall be due immediately. The Publisher shall be entitled to cancel the agreement if the Buyer is in default of payment.
The Publisher may charge default interest at the statutory rate on the total amount due from the date the default begins. This shall not affect the right to claim any further compensation for damages caused by default.

The Publisher shall be entitled to exclude defaulting buyers from further deliveries and to cancel any existing business relations for reasons considered important by the Publisher.

11. Right to return goods

The Buyer shall only be entitled to return books. Return consignments shall not be accepted without the Publisher's written consent. The Buyer shall bear all costs and the risk of the return consignment. The Publisher reserves the right to charge an appropriate processing fee for any return consignments.

12. Delivery addresses

On ordering journals, the Buyer undertakes to notify the Publisher of the name and address of the end customer when the order is placed. The Publisher undertakes to use such information for internal purposes only and in accordance with the provisions of data protection legislation. Associated companies belonging to the Springer Group shall not have access to this information.

13. Place of performance and place of jurisdiction

The place of performance for all payment obligations on the part of the Buyer shall be Berlin. The place of jurisdiction for both parties shall be the competent lower court of first instance (Amtsgericht) at the Publisher's main place of business or the higher court of first instance (Landgericht) in Berlin.

General Conditions of Delivery and Payment (Journals)

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1. Orders

An invoice or letter of confirmation will be sent by the Publisher to acknowledge receipt of an order.By taking delivery of consignments, the customer indicates his acceptance of the Publisher's terms of delivery and payment. No other terms are acceptable even if not expressly stipulated by the Publisher.

2. Deliveries

Books, periodicals and other products of the Publisher will usually be delivered only if a binding order has been placed and at the customer's risk and cost from the point of dispatch. Delivery is strictly on proforma basis. Definite delivery dates of new publications and new editions cannot always be given.

3. Transport risk

Risk concerning any consignment passes to the buyer the moment the goods are dispatched. The Publisher is not liable for any loss or deterioration incurred due to accident or force majeure.

The Publisher will not provide any replacement for goods that are lost or damaged in transit.Thus, in order to safeguard his interests, the buyer or consignee must report any loss or damage to the postal authorities, forwarding agents, or railways,within the period stipulated by them.

4. Guarantee, duty to examine goods

Guarantee rights of the Customer require the latter to examine the consignment upon delivery and to notify the Publisher in writing of any defects without delay, at any rate no later than two weeks after delivery; the Publisher must be notified in writing of any hidden defects without delay after they have been discovered.

The Publisher shall remove any defects covered by guarantee at its own option by either removing the defect or providing replacement goods at no cost to the Customer.

In the event that the Publisher seriously and finally refuses to perform the agreement or that the removal of the defect or provision of replacement goods is unsuccessful, or if the Customer cannot reasonably be expected to accept such action, or if the Publisher refuses, pursuant to s. 439(3) of the German Civil Code (Bürgerliches Gesetzbuch, BGB), to take such action on account of unreasonable costs, then the Customer shall be entitled at his own option and in accordance with the legal provisions to either terminate the contract, reduce the purchase price or claim compensation for damages (or, if appropriate, reimbursement of his expenditure).

The limitation period for guarantee claims relating to the consignment shall be 12 months from the time of delivery to the Customer.

5. Compensation for damages and limitation of liability

The Publisher shall be liable to pay compensation for damages without limitation pursuant to the legal provisions except where the following clause provides otherwise.

In exceptional cases, the Publisher shall be liable

(i) for ordinary negligence causing the violation of essential duties arising from the relationship under the law of obligation, up to a maximum of the amount foreseeable for this kind of contract; otherwise

(ii) not at all for ordinary negligence causing the violation of non essential duties arising from the relationship under the law of obligations. 

This shall apply to all claims for compensation, for whatever legal cause, particularly to liability for torts. The Customer shall be obliged to take appropriate measures to avoid or reduce damage.

6. Retention of ownership

All goods are delivered under conditions relating to retention of ownership stipulated in paragraph 455 of the BGB (German Civil Code). The goods supplied remain the property of the Publisher until the complete settlement of all principal and subsidiary claims deriving from previous and future deliveries. In the case of resale, the buyer must retain his limited ownership of the goods until his customer has paid for them in full. The buyer hereby assigns all claims arising from the resale of conditional goods to the Publisher to secure the latter's claim. The Publisher accepts this transfer of claims.

If the buyer resells conditional goods and includes pertinent claims in a current account relationship with a third party, the periodic balance recognized in each case following balancing of the individual current account claims is considered to have been assigned. The same applies to the final account balance existing on termination of the current account relationship, if such a balance is transferred to the current account. The Publisher also accepts this transfer of claims.

If the claims of the Publisher are included in an existing current account relationship with the customer, the retention of ownership agreed upon serves as security for the balance claims of the Publisher. The buyer is obliged to inform the Publisher immediately about any transfer of the conditional goods to a third party or claims arising from resale.

7. Pricing

The prices indicated on the invoice are binding. Postage and handling charges will be levied separately. Should the Publisher have announced price changes before receipt of an order, the new prices shall apply.

8. Payment

Payment is due upon receipt of invoices unless other conditions have beennegotiated.

If not otherwise agreed, all payments for journal subscriptions have to be paid on September, 1st prior to the following subscription year, respectively in advance upon receipt of the invoice.

Payment in foreign currencies will be accepted at the average monthly rate of exchange.No discount will be given for payment in cash.

Cheques will only be considered accepted when the total amount has been credited to the Publisher's account.

All bank charges are payable by the customer.

9. Default in payment

If the customer defaults on payment, all accounts with the Publisher that are outstanding at the time of default become due and payable forthwith. The Publisher may charge interest on arrears from the time of default at the usual bank rate. The Publisher has the right to stop delivery to customers in arrears and to sever all business relations for reasons considered important by the Publisher.

10. Right to return goods

Return of goods will not be accepted without the written consent of the Publisher. Applications for the acceptance of returned goods are to be sent to our Heidelberg address quoting the invoice number, the date of the invoice and the ISBN. Returned goods are to be sent to our warehouse in Heidelberg-Rohrbach. The customer is liable for all the costs and risks involved in returning goods. The Publisher will charge an appropriate fee for the handling of returned goods. Goods returned without permission from the Publisher will be sent back at the expense of the customer. The Publisher reserves the right to give credit notes of lower value for books which are returned in an unsaleable condition or after expiry of the last date agreed upon for returns. Only books can be returned; no credit notes will be issued for returned journal issues.

11. End customer addresses

When ordering journals, the customer agrees to make available to the Publisher the name and address of the end customer upon receipt of the order. The Publisher guarantees that these data will only be used for internal purpose and that all regulations regarding the protection of individual data will be observed. Associated companies within the Springer Group will not have access to these data.

12. Place of jurisdiction and fulfillment

The place of fulfillment for all payment obligations on the part of the buyer/customer is the district court of Berlin.

The place of jurisdiction for both parties is the district court of justice in Berlin.

Conditions for International Customers (Journals)

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Customers outside Germany and the Americas.

Customers residing in the Americas please refer to the Springer-Verlag NY Journals Price List or e-mail to: journals-ny@springer.com

Prices are net prices subject to local VAT and exclude carriage charges. Prices and carriage charges for journals from our publishing houses in New York and London are given in US$ and GBP respectively. This fulfills the demand for one “international” price for both the journal and the carriage charges.

Invoices in EUR for journals with US$ and GBP will be converted according to the average monthly exchange rate.

Subscriptions are entered into on a calendar year basis (January - December), for the projected number of volumes stated in the price list.

Subscriptions are entered into on “standing order” basis unless otherwise specified. They are renewed automatically unless cancelled on time. Subscriptions are accepted with pre-payment only and delivery will take place after receipt of payment. The following methods of payment are accepted: cheque, credit transfer, direct debit and credit card. Subscription prices and carriage charges are subject to change without notice.

Please specify on all orders:

  • Full name and address of subscriber incl. postal code
  • Title of Journal
  • Year and volume(s) required
  • Amount of the payment accompanying the order
  • Account number if you are already a customer
  • Method of dispatch: normal mail, air mail or SAL

The customer agrees to make available to the publisher the name and address of the end customer with the order. These data are necessary to provide online access via the Basic License. The publisher guarantees that these data will only be used for internal purposes and that all regulations regarding the protection of individual data will be observed. Associated companies within the Springer Group will not have access to these data.

Supplements / Additional Volumes

Supplement volumes and cumulative indices to journals are issued from time to time. Some of these special supplements and cumulative indices are not included in the subscription price and are supplied only after receipt of a separate order.Additional volumes may be published during the year. These will be billed in advance and delivered upon receipt of payment.

Change of Address

Publisher must be notified at least eight weeks in advance. Please indicate the title of the journal, the date the change is to take effect, and the old address as well as the new one.

Claims

Please reference your account number when placing a claim to expedite processing. Claims for missing issues should be made within the first 60 days for customers in Europe and for customers in other parts of the world within the first 90 days after publication. Otherwise such claims cannot be honoured free of charge.

Cancellations

Cancellations must be received by September 30 prior to the new subscription year. No cancellation requests will be accepted for the current year once a subscription has been entered and payment has been processed.

Carriage Charges

Carriage charges include surface delivery.

SAL Surcharge: Air Mail Surcharges are available on request.

Online-Only Subscriptions

Online-Only Subscriptions are available at a special institutional rate. Please contact us for a price quote.

Personal Rates

Personal Rates are available on request and can only be ordered directly with your publisher.

Back Volumes

Back volumes and back issues are available for nearly all Springer journals. Please inquire about stock availability and prices. Pre-payment is required.