Terms and Conditions of Business

Terms and Conditions of Business

Terms and Conditions for Direct Selling in the Online Shop at www.shop.budrich-academic.com and www.budrich-journals.com/

We inform you that you can use the new online plattform of the EU Commission for extrajudicial dispute conciliation. You can find it under: http://ec.europa.eu/consumers/odr.   At the moment we are neither willing nor obliged to take part in any extrajudicial dispute conciliation conducted by a consumer arbitration agency.

You can contact us under: info@budrich.de

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.shop.budrich-academic.com and www.budrich-journals.com (“Online-Shop”), as well as to the purchase contracts concluded at the Online Shop, and to all related services provided by Barbara Budrich Publishers, and Budrich UniPress Ltd., both located at Stauffenbergstr. 7, 51379 Leverkusen, Germany (“Budrich”)

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&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 Budrich has expressly confirmed same in writing.

2. Budrich’s Performance

2.1 In the Online Shop, Budrich offers books, journals, electronic books (“eBooks”), and electronic journals (“eJournals”) for sale. 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 eJournals  in PDF format, or in EPUB format (if available) (“Electronic Format”).

2.3 For eJournals, 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 eJournals,  the Customer needs normal Internet access and a program 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 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 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 by email containing personal access data. This confirmation email constitutes Budrich’s acceptance of the Customer’s proposal. In this way, an agreement on the use of the Online Shop will be formed.

4.5 Budrich is entitled to turn down individual registrations for the Online Shop without stating any reasons.

4.6 The Purchase of digital products (eBooks, eJournals) and subscriptions in general is only allowed for natural persons. Institutional users and legal persons please contact Barbara Budrich Publishers (info[at]budrich.de) directly.

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 Budrich. 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 Budrich 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,

Budrich 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 Budrich’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 Budrich’s expressed 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 journals as print products and/or as eBooks or eJournals and may also take out subscriptions of print products by clicking on the relevant shopping cart button provided for the goods on offer, and by subsequently completing the order process. By ordering printed products via this website, the Customer enters a purchase agreement with Brockhaus Kommissionsgeschäft GmbH. The terms and conditions and the instruction on withdrawal of Brockhaus Kommissionsgeschäft GmbH apply: http://www.brocom.de/fileadmin/user_upload/agbs/AGB_B2C-Bestellung_bei_Brocom_B2C_Eigenhandel_072016.pdf

6.2 By clicking on the “Order Now” button, the Customer submits a proposal to conclude the relevant contract. Budrich accepts this proposal by sending order confirmations by email, whereupon the contract is formed. Budrich is under no obligation to accept the Customer’s proposal. Budrich’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 journal issues (print);

The right of withdrawal expires for eJournals, 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

a)When buying print products other than single copies of journals, 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 (Barbara Budrich Publishers, Stauffenbergstr. 7, 51379 Leverkusen, Germany) 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 one 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 (Barbara Budrich Publishers, Stauffenbergstr. 7, 51379 Leverkusen, Germany) 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 journals 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 (Barbara Budrich Publishers, Stauffenbergstr. 7, 51379 Leverkusen, Germany) 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 eJournals 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 (Barbara Budrich Publishers, Stauffenbergstr. 7, 51379 Leverkusen, Germany) 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.

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 Barbara Budrich Publishers, Stauffenbergstr. 7, 51379 Leverkusen, Germany:

— 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, journals and other print products sold by Budrich 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 Budrich is entitled to make part-deliveries.

8. Delivery of Digital Content

8.1 eBooks and/or eJournals are delivered in Electronic Format. For delivery purposes, the Customer will receive an e-mail after conclusion of the contract including a hyperlink, which triggers the downloading of the respective file in Electronic Format.

8.2 The Customer can access the eJournals via a direct login on budrich journals. The customer will receive the login information at the very latest 2 weeks after receipt of the order

9. Subscription Periods

9.1 Subscriptions of journals (print and digital) are always made for one calendar year (January through to 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 before the expiry of the the respective journal’s agreed period of notice  of of the current year. Unless otherwise agreed, the subscription shall start with the first issue of the calender year in which the subscription was purchased.

9.2 Nonetheless, both parties reserve the right to terminate a subscription with immediate effect for grave cause. Notice of any such termination must be 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 eJournals subscriptions however, Budrich 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 eJournals may increase or decrease during the term of the agreement on use.

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 must be provided within 30 days of the invoice date. Orders from abroad must be paid in advance- Payment for one-off retrieval of an eBook or eJournal, or for a subscription (print and digital) must be made in advance and shall fall due for payment immediately on completion of the order.

10.5 Budrich may offer various means of payment. For print products, the purchase price may be paid by PayPal. For digital products (eBooks or eJournals), the purchase price or subscription price may be paid 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 If the Customer fails to honour his or her payment obligations, or if any amounts paid are reverse-charged, Budrich 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.

10.7 Print products are delivered subject to retention of title. The goods delivered shall remain Budrich’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 eJournal available in Electronic Format (cf. Clause 8 above).

11.2 The Use of eBooks or eJournals 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 The download of eBooks and individual issue of eJournals is possible for 10 days. The Customer can only doenload the digital contents ten times.

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

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.

Budrich 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 Budrich and Budrich’s agents – for whatever cause in law – is hereby ruled out.

12.5 Where damages sustained by the Customer result from loss of data, Budrich 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 info@budrich.de or declared in writing and sent by telefax or mail.

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 eJournals ordered. Unused amounts under an on-going eJournals 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 Budrich makes no provision for separate contract documents based on these T&C. Budrich therefore will not store “the contract document” that specifically relates to the Customer personally.

15. Data Protection

15.1 Budrich attaches great importance to the protection and safety of the Customer’s personal data. All the relevant information is contained in Budrich’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, Leverkusen shall be the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Budrich and the Customer. In such event, Leverkusen 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.