General Terms and Conditions of Business
§ 1 Scope of application
These General Terms and Conditions of Business govern the relationship between Peter Lang AG Internationaler Verlag der Wissenschaften, Berne ("Peter Lang") and its customers in respect of the acquisition of content offered by Peter Lang in physical or electronic format.
§ 2 Registration
Customers must register on the Peter Lang website before placing any orders. Multiple registrations using different names or addresses are not permitted. Peter Lang reserves the right to revoke any completed registration at any time without indication of the grounds for such cancellation.
Customers are obligated to provide true, up-to-date and complete information when registering and placing orders, and to ensure that their user data is always up-to-date. Customers must keep their access data secret and notify Peter Lang immediately if they lose the access data or suspect that third parties may have made unauthorised use of the access data.
§ 3 Ordering procedure, contract finalisation, cancellation
The presentation of the product range on the Peter Lang website does not constitute an offer to finalise any contractual agreement.
Orders can be submitted to the Peter Lang website around the clock (notwithstanding any technical difficulties). By sending an online order, customers submit a legally binding offer to enter into a purchase contract. The automatic confirmation of the order process that is then sent to the customers does not constitute an acceptance of such offer by Peter Lang. The despatch of the ordered merchandise and/or the provision of the same for download constitutes the acceptance of the offer by Peter Lang and the finalisation of the purchase contract. In the event that ordered books are temporarily not available, they will be reserved and despatched by separate invoice. Orders may only be cancelled in justified exceptional cases and only if they have not yet been processed by Peter Lang.
§ 4 Prices
Prices are indicated in CHF (Switzerland), EURO (Germany and EU customers without VAT Reg No.), EURO (Austria), EURO (remaining eurozone and EU customers with VAT Reg No.), USD (USA) and GBP (Great Britain). The prices in CHF and EURO (Germany and Austria) include VAT at the applicable statutory rate. Prices are charged as they apply at the time of receipt of the order. Peter Lang reserves the right to alter prices.
§ 5 Shipping costs
The shipping costs are determined by the country to which the order is delivered, by the weight of the ordered books and by the type of despatch selected, and must be borne by the customers. Customers must also pay any taxes and customs duties levied on deliveries to countries other than Switzerland, Germany and Austria.
Reserved books are not included in the online calculation and will be despatched by separate invoice as soon as they are available. Additional deliveries incur renewed shipping costs (exception: magazine subscriptions).
§ 6 Invoicing procedure, retention of title
Invoices are only issued in CHF, EURO, GBP or USD. The choice of currency is determined by the country of the invoice address. Peter Lang only accepts the means of payment indicated during the ordering process. Invoices are payable within 30 days.
Delivered books remain the property of Peter Lang until such time as they have been paid in full.
§ 7 Delivery period
Orders are generally processed within 1-2 business days from receipt. The delivery period is dependent on the country of delivery and the selected type of despatch (normal or priority). Any indication of a probable delivery period is not binding.
§ 8 Returns, warranty
Peter Lang is not able to ship books for inspection or with a right of remission since it specialises in small print runs. Accordingly, the return and/or exchange of books is excluded. This is without prejudice to any special arrangements (e.g. for conferences, congresses, book release events).
In the event that a delivered book proves to be defective, specifically as a result of a manufacturing error, or if the wrong book is delivered, Peter Lang will substitute the delivery with an identical article wherever possible. The customer number, invoice number and reason for returning a book must be indicated when returning defective books or incorrect consignments. The return risk lies with the customer. In the event that substitute delivery is not possible, customers are entitled to demand the reversal of the purchase.
§ 9 Security, data protection
All of the data transmitted between customers and the Peter Lang server is encrypted in accordance with the SSL standard.
Peter Lang undertakes to process the transferred data in compliance with data protection regulations, to treat it as confidential, and not to disclose it to third parties. More details can be found in the "Data protection" section.
§ 10 Additional provisions for the purchase of e-books and e-magazines
The following additional provisions apply to the purchase of electronic editions of books and magazines ("e-content"):
a) Utilisation rights, access authorisation
Peter Lang provides online access to e-content on its website. Customers acknowledge that Peter Lang holds copyright to the e-content it provides.
Peter Lang grants the purchasers of e-content the non-exclusive, non-transferable and non-sublicensable right to access and utilise the paid e-content for the duration of the licence term and to make the same content available to such third parties as are entitled to utilise it for their own personal use in line with copyright laws ("Authorised Users"). Access authorisation is only valid for IP addresses, user names and/or passwords that have been registered with Peter Lang.
Unless otherwise agreed, a licensing agreement governing a subscription to e-magazines is valid for one year from receipt of the access data. Once this term has expired, Peter Lang may continue to allow the customer to access the legally acquired e-content.
Customers and Authorised Users are not permitted to utilise or use the purchased e-content in part or in whole by selling, renting, leasing, lending or otherwise making it available to third parties for commercial or business purposes. Equally, purchased e-content may not be made available in part or in whole on any network other than the customer's secured network, and specifically not in the public internet domain.
As part of its current publishing philosophy, Peter Lang grants customers access to the content of previous editions of magazines or annuals, which were published prior to the edition that the customer has purchased and which were not ordered against payment. This only applies to the extent that such previous editions are available on the platform.
Peter Lang reserves the right to withdraw individual products or elements of e-content at any time on pertinent grounds, and specifically if Peter Lang no longer holds the necessary rights to such products or content.
b) Security measures
Peter Lang is entitled to monitor the use of the platform to detect any utilisation that is in breach of contract and/or any misuse. In the event that Peter Lang becomes aware of any utilisation that is in breach of contract or of any misuse of the customer's access data, or if Peter Lang has justified reason to suspect that this might be the case, Peter Lang will notify the customer immediately and set a reasonable deadline for rectification. Once this deadline has expired, Peter Lang can block the customer's access until such time as the suspicion has been eliminated.
Customers must compensate Peter Lang for any and all damages incurred through any utilisation that is in breach of contract and/or any improper utilisation by the customer, Authorised Users or any third parties who gain unauthorised access through the customer's network.
§ 11 Liability
Peter Lang makes every effort and takes the care that is customary in the industry to ensure that content provided in physical or electronic format is compiled, processed and represented in accordance with the current state of knowledge. Mistakes cannot, however, be completely excluded, despite the careful collation, processing, control and correction of content. Peter Lang does not therefore accept any liability for the content being correct and complete, nor for any damages whatsoever incurred directly or indirectly in this context by customers or third parties. Furthermore, Peter Lang accepts no liability for damages incurred as a result of technical problems or other circumstances beyond the control of Peter Lang.
§ 12 Address
Provider and contract partner for all offers on this website:
Peter Lang AG
Internationaler Verlag der Wissenschaften
CH- 2542 Pieterlen
Tel. +41 32 376 17 17
Fax +41 32 376 17 27
§ 13 Alterations and amendments
Peter Lang reserves the right to alter or amend these General Terms and Conditions of Business at any time. The relevant applicable version of the General Terms and Conditions of Business is published on the Peter Lang website at www.peterlang.com and is deemed to be accepted by the customer from the time of publication onwards. The German version of the General Terms and Conditions of Business is binding in the event of any lack of clarity and/or contradictions between the German, French or English versions.
§ 14 Applicable laws and court of jurisdiction
Swiss laws are solely applicable; the Viennese Sales Convention is excluded. To the extent legally permissible, the sole court of jurisdiction and place of performance is Berne, Switzerland.
Date of Issue of these General Terms and Conditions of Business: June 2010
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