General Terms & Conditions (T&C) for ZOOM-IN Trend Report
§1 General points – scope of validity
1) The following General Terms & Conditions (“T&C”) shall apply to purchase orders for the annual subscription for the ZOOM-IN Trend Report, the monthly subscription for the ZOOM-IN Trend Report, or to purchase orders for single pdf issues of ZOOM-IN Trend Report which are sent to Entwurfreich GmbH (“Operator”) through online forms on the Entwurfreich GmbH website or by email. The version of the T&C in force at the time of the conclusion of the contract shall be the applicable version.
2) Any differing, conflicting or supplementary terms set out by the customer, even if the Operator is aware of them, shall not form part of the contract, unless the Operator issues written consent expressly agreeing to their validity for the relevant purchase order.
§2 Conclusion of contract
1) The conditions for the goods of Entwurfreich GmbH shall be non-binding and subject to confirmation. The presentation of goods on the Internet shall not constitute a quotation but rather a non-binding invitation to the customer to place a purchase order. The Operator reserves the right to make technical modifications and other changes in shape, color or design to such extent as is reasonable.
2) Access to the use of the ZOOM-IN Trend Report shall be subject to registration/opening of an individual user account. Customers may choose their own password for the login process. The customer must not disclose the password to third parties. When the customer is registered for the relevant service by the Operator, this shall give rise to a user contract between the Operator and the customer which shall be governed by the provisions set out in these T&C.
3) When the customer clicks on the “Order” button on the online purchase order page of Entwurfreich GmbH, the customer effectively sends the purchase order to Entwurfreich GmbH as a binding offer to conclude a single purchase order or a subscription contract with the inclusion of these T&C. The Operator shall confirm receipt of the offer by return by electronic means. The confirmation of receipt shall not constitute a binding acceptance of the purchase order. The confirmation of receipt shall only constitute a declaration of acceptance if explicitly stated as such by the Operator. Any purchase orders placed with Entwurfreich GmbH by the customer by email, fax, post or telephone shall likewise be binding offers.
4) Entwurfreich GmbH shall be entitled to accept the purchase order within five working days of receipt of the order. The Operator shall be entitled to refuse to accept the purchase order – after checking the credit rating of the customer, for example.
5) When placing purchase orders, customers shall acknowledge these T&C and declare that they are of legal age. The customers shall assure Entwurfreich GmbH that the data provided by them during the order process are correct and complete. They shall inform the Operator of any changes without undue delay.
§3 Provision of the issues
All the issues of ZOOM-IN Trend Report shall be available in pdf format. The pdf versions shall be made available for download. An Internet connection shall be required to access the pdf files on www.entwurfreich.com, as well as customer login details with an email address and password.
§4 Term and termination of subscription contracts
1) The annual subscriptions shall cover all issues of the ZOOM-IN Trend Report available in the shop at the time of placing the purchase order and six further issues of the ZOOM-IN Trend Report, as published in the subscription period with effect from the purchase order date.
Entwurfreich GmbH shall endeavor to publish a new ZOOM-IN Trend Report every other month but reserves the right to deviate from this frequency. Entwurfreich GmbH shall adhere to quality standards in publishing the issues of the ZOOM-IN Trend Report and reserves the right to be flexible in the time of publication of the individual issues. The customer shall therefore be guaranteed six new issues of the ZOOM-IN Trend Report under the annual subscription with effect from the time of placing the purchase order. Entwurfreich GmbH reserves the right to publish more than six ZOOM-IN Trend Reports in one year within the scope of the annual subscription. This shall not incur any additional costs for the customer.
The annual subscription shall be automatically extended to include a further six issues of the ZOOM-IN Trend Report if the customer has not canceled the subscription before the publication of the first report in the extension period. The date of receipt of the email or the date of the postmark on the cancellation letter shall be taken as the date of cancellation.
2) Monthly subscriptions shall include all issues of the ZOOM-IN Trend Report which are published in the subscription period with effect from the purchase order date.
Entwurfreich GmbH shall endeavor to publish a new ZOOM-IN Trend Report every other month but reserves the right to deviate from this frequency. Entwurfreich GmbH shall adhere to quality standards in publishing the issues of the ZOOM-IN Trend Report and reserves the right to be flexible in the time of publication of the individual issues. After one month, the monthly subscription shall be automatically extended for another month if the customer has not canceled the subscription. The date of receipt of the email or the date of the postmark on the cancellation letter shall be taken as the date of cancellation.
3) Notice of cancellation must always be given in writing by email or by post.
The prices quoted shall be binding. The prices shall be quoted exclusive of statutory value added tax.
§6 Terms of payment and reservation of title
1) The purchase price or subscription price shall be due for payment strictly net immediately upon acceptance of the purchase order.
2) Payment may be made by credit card, direct debit or PayPal. In the event that direct debit instructions are returned or not honored, the persons liable to make the payment hereby irrevocably authorize the bank to inform Entwurfreich GmbH of their name and current address.
3) Customers shall only be entitled to offset payments against claims which are undisputed or recognized by declaratory judgment.
1) If there is a defect in the pdf at the time of the transfer of risk, the customer may request subsequent performance in the form of remedial action. If the form of subsequent performance chosen by the customer is disproportionate, Entwurfreich GmbH may choose the other form of subsequent performance. If this is also disproportionate, or if Entwurfreich GmbH is not in a position to remedy the situation or is delayed in its attempts for an unreasonable length of time, or if its remedial action is unsuccessful in any other way, the customer shall be entitled to choose between withdrawing from the contract or claiming a reduction in the purchase price and compensation.
2) If the customer chooses compensation, the limitations of liability set out in §8 of the General Terms & Conditions shall apply.
3) Entwurfreich GmbH shall not give any guarantees to customers in the legal sense. Any warranties issued by manufacturers shall remain unaffected by this.
§8 Right of cancellation
1) The customer shall have the right to terminate the user contract at any time. Notice of cancellation must be given in text form.
2) Should the Operator fail to provide its services properly, the customer can first grant the Operator a period of grace of at least five working days to allow proper performance. If the reason for the complaint has not been eliminated after the period of grace has expired, the customer shall have the right to terminate the user contract. Minor problems with the service shall not justify objections.
3) The Operator shall be entitled at any time to discontinue all or some of the services without giving reasons and/or to terminate the contract.
1) In case of slight and gross neglect of duty, the liability of Entwurfreich GmbH and the servants of the provider shall be limited to such damages as are foreseeable and typical under such contracts.
2) Entwurfreich GmbH and its servants shall not be liable for slight breach of duty in respect of non-fundamental contractual obligations (cardinal duties), the fulfillment of which is not essential for the customer and the breach of which does not jeopardize the execution of the contract.
§10 Data protection
1) The protection and security of all customer data are particularly important to Entwurfreich GmbH. The provider therefore undertakes to observe the applicable statutory data protection regulations when operating its services, especially the German Data Protection Act (Bundesdatenschutzgesetz – BDSG) and the German Telemedia Services Act (Telemediengesetz – TMG).
2) In order to provide services for Entwurfreich GmbH, it shall be necessary for the provider to collect, store, process and use such personal data as are entrusted to it in compliance with the data protection conditions. This shall be subject to the consent of the customer, duly confirming the General Terms & Conditions and thereby agreeing to the collection, storage, processing and use of the personal data in connection with the use of the services, and needed for their implementation by Entwurfreich GmbH or by companies instructed by the provider, or subject to legal regulations dictating the collection, storage, processing or use of the data. This consent shall be recorded by Entwurfreich GmbH.
4) Customers may revoke their consent to the storage of their personal data after the purchase order has been processed or ask Entwurfreich GmbH to rectify data stored about them.
5) Customers shall be entitled to access information from Entwurfreich GmbH at any time free of charge about the personal data stored about them. This information shall be provided in writing. The request for information must be addressed in writing to Entwurfreich GmbH, enclosing a copy of the identity card.
6) The customer is also aware that blanket guarantees cannot be given that the technology in place for the protection of data transmitted over the Internet conforms to the latest standards. In this respect, customers shall be responsible for the security of the data transmitted by them over the Internet.
§11 Final provisions
1) The law of the Federal Republic of Germany shall apply.
2) The provisions set out in the UN Convention on Contracts for the International Sale of Goods shall not apply.
3) As far as legally permissible, the exclusive place of jurisdiction for all disputes arising from this contract shall be Düsseldorf.
4) Should individual provisions of the contract with the customer, including these T&C, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision which equates as far as possible to the original provision in terms of its commercial purpose.
March 19, 2020