Terms and Conditions

The following terms and conditions shall apply to all deliveries of dp DIGITAL PUBLISHERS GmbH, Neue Brücke 2, 70173 Stuttgart (hereinafter: "DIGITAL PUBLISHERS"), unless otherwise agreed in writing. They shall also apply to all future business relationships, even if they are not expressly agreed again. These terms and conditions shall be deemed to have been accepted by the customer at the latest when the publication is downloaded. DIGITAL PUBLISHERS may amend the terms and conditions at any time with effect for future deliveries. Other general terms and conditions of business and purchase of the customer shall not apply even if they have not been expressly objected to in individual cases.

1 Offers and conclusion of contract

1.1 The offers of DIGITAL PUBLISHERS are subject to change and non-binding. Customer orders are placed by clicking the "Buy now" button in the shopping cart of the online store. DIGITAL PUBLISHERS shall confirm receipt of the order immediately after receipt of the purchase price specified for the goods ordered. A legally effective contract is concluded either by this written confirmation or at the latest when DIGITAL PUBLISHERS makes the goods available for download.

1.2 The presentation of the products in the online store of DIGITAL PUBLISHERS does not constitute a legally binding offer. The presentation of the products is non-binding.


1.3 Employees of DIGITAL PUBLISHERS are not authorized to make verbal collateral agreements or give verbal assurances that go beyond the content of these terms and conditions and the written contract.

 

2 Deliveries


2.1 Purchased e-books can be downloaded by the buyer as often as desired within 72 hours. Buyers receive a simple right to use the purchased e-book.

2.2 The buyer is not entitled to reproduce, distribute, publicly reproduce or make publicly accessible a publication. Individual reproductions, e.g. copies and printouts, may only be used for private and other personal use (§ 53 UrhG). The production and distribution of further reproductions is only permitted with express authorization.

2.3 The prices for the publications offered are based on the prices stated on the respective product pages. The prices include the statutory value added tax.

 

3 Payments

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case: 

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use for the United Kingdom can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_gb/user and for the United States here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/user. General information about Klarna can be found here: www.klarna.com. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy for the United Kingdom/the United States.

 4 Delivery times

DIGITAL PUBLISHERS shall not be responsible for delays in downloading due to force majeure or as a result of events that make it significantly more difficult or impossible for DIGITAL PUBLISHERS to provide downloads not only temporarily - including, in particular, strikes, lockouts, official orders, machine breakdowns, accidents or natural disasters - even in the case of bindingly agreed deadlines and dates. They shall entitle DIGITAL PUBLISHERS to postpone the provision for downloading for the duration of the hindrance plus a reasonable start-up time. DIGITAL PUBLISHERS may only invoke the aforementioned circumstances if the customer has been notified immediately.

 

5 Warranty

5.1 Complaints due to defects in the content of the publications are excluded. DIGITAL PUBLISHERS accepts no responsibility for the quality of the content and design of the individual titles, in particular the presentation, structure, functionality of the procedures described therein and the accuracy of the data and results obtained. The authors themselves are responsible for the content of the publications.
 

5.2 E-books shall be checked by the customer immediately for compliance with the contractual specifications. They shall be deemed to comply with the contract if the customer does not complain to DIGITAL PUBLISHERS in writing, by email to contact(at)digital-publishers.com or by telephone on +49(0)711 184 220 99 within 8 days of the download. DIGITAL PUBLISHERS shall be notified in writing of any defects that cannot be discovered within this period, even after careful inspection, immediately after their discovery.

5.3 Claims for defects shall not exist in the event of only insignificant deviation from the agreed quality or only insignificant impairment of usability.

5.4 If customer notifies DIGITAL PUBLISHERS that e-books are defective, DIGITAL PUBLISHERS shall be entitled to rectify the defect.

 

6 Liability

6.1 In the event of a breach of material contractual obligations, DIGITAL PUBLISHERS shall be liable up to the amount of the foreseeable damage typical for the contract. Beyond this, claims for damages shall be excluded, irrespective of the type of breach of duty, except in cases of willful misconduct or gross negligence.

6.2 Claims for loss of profit, saved expenses, claims for damages by third parties and other indirect and consequential damage caused by the deliveries to other legal assets are excluded.

6.3 The limitations and exclusions of liability in paragraphs 1 and 2 shall not apply to claims under the Product Liability Act or to claims for damages resulting from injury to life, limb or health. The liability of DIGITAL PUBLISHERS shall be limited to the foreseeable damage typical for the contract, even in cases of gross negligence, if none of the exceptional cases listed in sentence 1 applies.

6.4 If the liability of DIGITAL PUBLISHERS is limited, this shall also apply to employees, workers, representatives and vicarious agents of DIGITAL PUBLISHERS.

 

7 Right of withdrawal

As consumers, customers generally have a statutory fourteen-day right of withdrawal. Pursuant to Section 356 (5) of the German Civil Code (BGB), the right of withdrawal for a contract for the delivery of digital content not on a physical data carrier expires if the entrepreneur has started to execute the contract after the consumer has expressly agreed that the entrepreneur will start to execute the contract before the expiry of the withdrawal period and has confirmed his knowledge that he loses his right of withdrawal by giving his consent at the beginning of the execution of the contract. The ordering process at DIGITAL PUBLISHERS is designed in such a way that the right of withdrawal expires by ticking a box in accordance with § 356 para. 5 BGB. Customers expressly agree that DIGITAL PUBLISHERS may begin to execute the contract before the expiry of the withdrawal period by making the e-book(s) available for download after completion of the order process. Customers are aware that they lose their right of withdrawal by giving their consent at the beginning of the execution of the contract. You are welcome to use our withdrawal form for this purpose.

 

8 Data protection

8.1 We will collect, process and store all personal data provided by you exclusively in accordance with the provisions of German and European data protection law.
 

8.2 It is necessary to use your personal data to process the contract concluded with you. Any further use requires your express consent. Details of the data collected and its respective use can be found in our privacy policy.

 

9 General provisions

9.1 Should one of the provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the interests pursued by the contracting parties. All contractual agreements as well as amendments and rescissions thereof must be made in writing. This also applies to agreements on the waiver of this written form requirement.

9.2 The contractual relationship between DIGITAL PUBLISHERS and customer shall be governed by the law of the Federal Republic of Germany.

 

10 Contact person

dp DIGITAL PUBLISHERS GmbH


Neue Brücke 2, 70173 Stuttgart


contact(at)digital-publishers.com

Ust. ID-Nr.: DE 292470963


District Court Stuttgart HRB 746936

Chief Executive Officer: Marc Hiller