Terms and conditions
General Terms and Conditions of Heizungs-Journal Verlags-GmbH for Online Orders and Online Subscriptions
1. Scope of Application
The following General Terms and Conditions (hereinafter “GTC”) apply to all contracts (subscriptions, print, ePaper, and eBook orders) that we – Heizungs-Journal Verlags-GmbH, represented by Managing Director Ms. Elke Oechsner, Marie-Curie-Straße 5, 71364 Winnenden – conclude with you via our publishing website www.tga-contentbase.de for our magazines HeizungsJournal, SanitärJournal, KlimaJournal, and Integrale Planung.
2. Conclusion of Contract
(1) Under the section “ABO + Shop” on our publishing website www.heizungsjournal-verlag.de, you have the option to order a magazine subscription for our magazines Heizungs Journal or Sanitär Journal, free sample copies of our magazines, as well as individual issues of our already published magazines in our issue shop.
(2) After you have selected the products relevant to you, entered your required personal data into the designated fields, and agreed to our GTC, click the button labeled “Order with obligation to pay”. By doing so, you submit a binding offer to us for the conclusion of a subscription/purchase agreement. After placing your order, you will receive an automatically generated email from us confirming receipt of the order and detailing its specifics (acknowledgment of receipt). This acknowledgment of receipt does not constitute acceptance of the contract. A contract is only concluded upon dispatch of an order confirmation or delivery of the respective magazines. You can access, print, and save the latest version of these GTC at any time at the bottom of our websites.
(3) You are responsible for ensuring that all information provided by you during the order or registration process in the online shop (e.g., your name, address, email address, bank details, etc.) is truthful. Any changes must be communicated to us.
(4) The contract language is German.
3. Contract Term and Termination
(1) For subscription contracts, the minimum contract term is 1 year. The subscription is automatically extended by one year of coverage unless it is terminated three months before the contract expires.
(2) Termination for good cause pursuant to § 314 BGB remains reserved.
(3) Termination must be submitted in writing by mail to our company address, by email to service@heizungsjournal.de, or alternatively by fax to 07195/928411.
4. Prices, Shipping Costs Print Edition
(1) The prices stated on our websites are total prices including statutory value-added tax.
(2) For subscriptions/orders of print editions, shipping is at your expense. You can view the amount of your individual shipping costs during your order.
5. Payment Terms
(1) For subscription contracts, the subscription fees for the respective billing period are due in advance.
(2) Payments are made by invoice.
6. Delivery
(1) For magazine subscriptions, delivery takes place after the publication of the ordered magazine.(2) Sample copies and individual issues are delivered within the delivery period specified for the respective magazine.>(3) Our products can be delivered worldwide upon request.
(4) Shipping is handled by Deutsche Post or DPD.
7. Right of Withdrawal
(1) As a consumer (§ 13 BGB), you have a statutory right of withdrawal according to § 312g BGB in conjunction with § 355 BGB. A consumer in this sense is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.(2) Further regulations regarding the right of withdrawal, particularly the conditions and legal consequences of withdrawal, can be found under the menu item “Instructions on Withdrawal“.
8. Warranty
In the event of any defect, you are entitled to the statutory warranty rights.
9. Liability for Damages
In the event of liability for damages, without prejudice to other statutory claim requirements, the following exclusions and limitations of liability apply:(1) We are liable if intent or gross negligence is attributable to us. For simple negligence, we are only liable for the breach of an obligation whose fulfillment is essential for the proper execution of the contract and on whose observance you, as a contractual partner, may regularly rely (so-called cardinal obligation). Otherwise, liability for damages of any kind, regardless of the legal basis, including liability for fault at the conclusion of the contract, is excluded.(2) If we are liable for simple negligence according to paragraph 1 of this clause, our liability is limited to the damage that we typically had to expect based on the circumstances known at the time of contract conclusion.(3) The aforementioned exclusions and limitations of liability do not apply if we have assumed a guarantee for the quality of the goods, nor for damages to be compensated under the Product Liability Act, nor for damages to life, body, or health, nor for statutory claims.(4) The aforementioned exclusions and limitations of liability also apply in favor of our employees, vicarious agents, and other third parties whom we use to fulfill the contract.
10. Data Protection
(1) We only collect and store the data from you that is necessary for business processing.(2) When processing your personal data, we observe the statutory provisions.(3) Details on our data protection regulations can be found under the menu item “Data Protection”.(4) You can request information about the data stored about you at any time. Please direct your information requests to service@heizungsjournal.de.
11. Applicable Law, Place of Jurisdiction
(1) For these GTC and all legal relations between you and us, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).(2) If you are a merchant, a legal entity under public law, or a special fund under public law, or if you do not have a general place of jurisdiction in Germany, or if you relocate your domicile or habitual residence from Germany after the conclusion of the contract, or if your domicile or habitual residence is unknown at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship is our business headquarters in Winnenden.
12. Final Provisions
(1) These GTC contain all agreements made between you and us regarding the subject matter of the contract. No verbal collateral agreements exist.(2) Should provisions of these GTC be or become wholly or partially void or ineffective, the validity of the remaining provisions shall not be affected thereby.(3) Statutory law (see § 306 para. 2 BGB) shall apply in place of any provisions of these GTC that are not incorporated or are ineffective. If such statutory law is not available in the respective case (regulatory gap) or would lead to an unacceptable result, we will jointly find a solution with you that comes as close as possible to the previous one from an economic perspective.
13. Provider Identification, Serviceable Address
Should you wish to send us communications, you have the option to address them to our serviceable address provided below:
Heizungs-Journal Verlags-GmbH
Marie-Curie-Straße 5
71364 Winnenden
or by email to: service@heizungsjournal.de
As of March 2018
