General Terms and Conditions of Ampelpublishing

For orders of goods (e.g. books and magazines) or downloads (e.g. e-paper) offered by Ampelpublishing, the following terms and conditions alone apply in the version valid at the time the order is placed.

1. contractual partner, customer service

Contracting party of the orders is Ampelpublishing, unless it is pointed out in the article description that the article is offered by a different seller. In these cases, only the seller named there becomes the contractual partner. If necessary, the article description may contain the deviating contractual partner's own terms and conditions, which then apply. If no other terms and conditions are stored, the terms and conditions of Ampelpublishing apply accordingly.

Ampelpublishing: Headquarters:  Am Kapellchen 18, 56283 Nörtershausen, Germany, Value Added Tax ID: DExxx xxx xxx. Ampelpublishing is represented by Guido Lange

You can reach Ampelpublishing under:
Ampelpublishing
Am Kapellchen 18
56283 Noertershausen
Germany
T: +49 171 319 35 48
F: +49 2605 962585
E: guido.lange@ampelpublishing.de

2. orders (goods and downloads in general)

2.1 Conclusion of contract

With goods orders, the contract is only concluded with the dispatch of the goods. The electronic confirmation shown in the online shop after completion of the order is not yet an acceptance, but only informs about the receipt of the order in the system of Ampelpublishing.

For orders of downloads, the contract is usually already concluded with the confirmation of the order by e-mail, at the latest, however, with the provision of the download.

If Ampelpublishing is not able to fulfil an order or rejects the order, the customer will be informed immediately. There is no claim to a conclusion of contract.

Writing or calculation errors on internet pages or other advertising material as well as delivery obstacles on the part of the publishers entitle Ampelpublishing to withdraw from the contract.

2.2 Payment

The customer is obliged to pay. Unless otherwise agreed, payments shall be made without deduction to the accounts stated on the invoice.

If a product is no longer available, the contract will not be concluded; in this case Ampelpublishing will inform the customer immediately and refund payments made.

Payments are due upon invoicing and then payable within a period of 30 days after the invoice date. Only the payment methods offered in the context of the order are accepted. All prices quoted are inclusive of the statutory value-added tax; they are always payable in euros.

2.3 Price increase

If suppliers increase the price or if there are exchange rate fluctuations between the Euro and the currency of the title country of origin, Traffic Light Publishing is entitled to increase the price in case of an upward change.

2.4 Reversal of direct debit, unpaid cheques

In the event that a direct debit is returned or not honored, the customer hereby irrevocably authorizes his bank to inform ip of his full name and current address. Termination or the exercise of a right of revocation does not entitle the customer to have amounts paid by way of direct debit rebooked by the bank.

The customer shall bear any chargeback costs resulting from a direct debit that has not been honored. Ampelpublishing is entitled to suspend the delivery of products for the period of a payment arrears and, in the event of default, to charge the statutory default interest as well as a reminder fee of 2.50 euros per reminder; the latter does not apply to the reminder which only causes the customer to default.

Ampelpublishing may pass on costs incurred by Ampelpublishing due to dishonoured cheques to the Customer, unless the Customer is not responsible for this.

2.5 Delivery/provision

The delivery of goods is carried out by mail exclusively to the postal address indicated by the customer in the order. The delivery is subject to the reservation that Ampelpublishing itself is supplied correctly and in time by the publishers. In the case of goods from suppliers, delivery is made after receipt of the goods by Ampelpublishing. The delivery takes place at the expense and risk of the customer from the time of delivery to him. The delivery is carried out within 5 working days, unless otherwise stated in the product description. However, possible additions to the product will generally not be delivered before Ampelpublishing has received payment.

When ordering downloads, they are made available in the "My customer account" area of the respective online shop. Ordered downloads are usually made available immediately after payment of the price. Ampelpublishing provides the download of the digital product for at least one week. The number of downloads can be limited. If a limitation is made, it will be visible in the offer.

In the event of delivery disruptions due to force majeure (including strikes and lockouts), the performance obligations of the customer and Traffic Light Publishing shall be suspended for the period of the delivery disruption. The delivery of possible additions is carried out while stocks last. Ampelpublishing reserves the right to make an equivalent replacement delivery.

2.6 Shipping costs / delivery charges

When ordering goods, Ampelpublishing calculates the delivery costs for the physical shipping depending on the selected shipping method, the location of the recipient and the weight of the goods. Possible additional taxes and customs duties are always to be borne by the customer.

When ordering downloads, no additional delivery costs are charged.

2.7 Delivery in case of age restriction

Prior to the delivery and carriage of products with an age rating of 18 years or older, the customer undertakes to carry out an age verification procedure specified by Ampelpublishing. If the customer affirms in lieu of oath that no minors live in the household and that no minors have access to items delivered to him, the goods with an age rating of 18 years and older will be transported in a sealed shipping envelope in the same way as the other goods. If the Customer indicates that minors live in his household or that minors have access to the items delivered to him, the goods will be transported on behalf and for the account of the Customer only by registered mail/delivery by hand. The costs for registered mail/delivered by Deutsche Post AG are € 5.30 per item and are to be borne by the customer.

2.8 Reservation of ownership/rights

Ordered goods remain the property of Ampelpublishing until full payment of the agreed remuneration.

In the case of download orders, the corresponding rights of use are only granted revocably until full payment has been received.
 

3. additional conditions for download orders

3.1 Rights of use for downloads

By providing or transmitting the individual digital contents (in short: downloads), the customer receives the simple right to use the downloads for his own purposes. Any further use - in particular publication on the Internet as well as unauthorized copying, distribution or making available of the downloads via the Internet, whether free of charge or against payment - is not permitted. The same applies to the removal of copyright information and references to sources as well as other processing or manipulation of the download. The granted rights of use are not transferable or sublicensable and are subject to full payment. Legally permitted uses according to the copyright law are not restricted.

3.2 Updates of downloads

Ampelpublishing is entitled to revise, update or otherwise change the contents of the downloads at any time if this should be necessary for technical, legal or content reasons.

3.3 Data backup and data availability

Ampelpublishing keeps all purchased digital data available for a reasonable period of time. However, an unlimited data backup and data availability cannot be guaranteed. The customer should therefore save his downloads in parallel locally on connected end devices. The customer will be informed explicitly and with adequate advance notice if downloads cannot be provided by Ampelpublishing in the future. Ampelpublishing endeavours to keep the ordered downloads available without interruption. Due to maintenance and repair work as well as system updates or technical malfunctions which are beyond the influence of Ampelpublishing, the availability can possibly be limited. A guarantee for the availability at any time is not given.

3.4 Necessary requirements - Account, Internet access and storage space

The retrieval of ordered downloads is possible via the respective online shop and requires appropriate registration and access to the Internet. A DSL access of at least 2000 kBits/s is recommended as minimum bandwidth. In addition, the customer shall ensure that he can establish unlimited (1.) Internet connections to external servers on his end device (e.g. computer) and (2.) storage of the downloads is possible, in particular that sufficient free storage space is available.

3.5 Necessary requirements - display software

In addition, special software may be required to view the downloads (e.g. Adobe PDF Reader), which may be subject to additional terms of use and licensing. For further details, especially information on the software version required to view the download, please refer to the respective product description. The customer shall ensure that he can install the required software on his premises.

4. cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

In order to exercise your right of revocation, you must inform us (Ampelpublishing, Am Kapellchen 18, 56283 Noertershausen, Germany, phone: +491713193548, fax +492605962585, e-mail: guido.lange@ampelpublishing.de) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached model cancellation form (see at the end of the General Terms and Conditions), but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation  

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to Ampelpublishing, Am Kapellchen 18, 56283 Nörtershausen, Germany without delay and in any event within fourteen days at the latest from the day you notify us of the cancellation of this contract. The time limit shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.

Revocation form

(If you want to cancel the contract, please fill out this form and send it back).

To
Ampelpüublishing
Guido Lange
Am Kapellchen 18
56283 Noertershausen
Germany
E-mail: guido.lange@ampelpublishing.de
Fax: +49 2605 962585


I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
_______________________________________________
_______________________________________________

Ordered on ___________________________ (*)/received on ___________________________(*)

Name of the consumer(s) ______________________________________________________________________
Address of the consumer(s)
_________________________________
_________________________________
_________________________________

_________ _____________________________________________________
Date Signature of the consumer(s) (only for paper notification)

_____________________________________________________________________________________
(*) Delete as applicable
 

5. warranty / liability

5.1.

The contents are created in Germany and for German-speaking customers. Ampelpublishing is therefore liable for the admissibility of the contents according to German law and accordingly guarantees that the contents do not violate the rights of third parties or are otherwise illegal according to German law. If the customer accesses the downloads from outside Germany, it is incumbent upon him to check whether the use of the contents is permissible under the legal system of the country of access.

5.2.

Ampelpublishing does not guarantee the customer for the correctness or completeness of the content, as long as there is no intentional or grossly negligent illegal action and as long as such a disclaimer of warranty is legally permissible.

5.3.

If the delivered goods or the provided download is defective, the legal warranty regulations apply; the assignment of corresponding claims is excluded. Similarly, further claims - regardless of the legal basis - are excluded, unless something different arises from the following paragraphs.

5.4.

In the event of the breach of cardinal obligations, i.e. obligations whose observance is of particular importance for the achievement of the purpose of the contract, the customer shall be liable to pay compensation.

Ampelpublishing shall also be liable for damages due to the lack of warranted characteristics, for injury to life, body or health and for claims under the Product Liability Act. Otherwise Ampelpublishing shall only be liable in the case of intent and gross negligence.

5.5.

In the event of a liability for damages due to the negligent violation of cardinal obligations, Ampelpublishing's liability shall be limited to the typically foreseeable damage, which as a rule does not exceed the purchase price of the goods. Also damages that did not occur on the goods themselves, especially lost profit or other financial losses, will not be compensated in this case.

5.6. 

In the event that individual copies cannot be delivered for reasons for which Ampelpublishing is not responsible, Ampelpublishing will deliver subsequently. Further compensation for damages is excluded in this respect.

6. data protection

Unless you have expressly agreed to further processing and use, Ampelpublishing processes and uses personal data only to the extent and as long as this is legally permissible, in particular to process and invoice the order. Any consent you may have given for the use of your data for commercial purposes can be revoked at any time with effect for the future. You can find more details in the data protection information. 

7. final provisions

7.1 Server time

If a date and/or time is relevant for declarations and legal transactions, the server date and server time displayed by the selling online shop is decisive.

7.2 Applicable law

German substantive law shall apply, to the exclusion of the rules of referral. UN sales law does not apply, not even as part of German law. This also applies if the customer orders or accesses downloads from outside Germany.

7.3 Place of jurisdiction

The place of jurisdiction for all claims in connection with an order is Koblenz, if the customer does not have his domicile or habitual residence in Germany or transfers it there or if the customer is not a consumer in the sense of § 12 BGB. Ampelpublishing is also entitled to sue at the customer's general place of jurisdiction.

7.4 Sub service providers, contract transfer

Ampelpublishing is entitled at any time to entrust third parties with the provision of the agreed services, either in whole or in part. Furthermore Ampelpublishing may transfer its rights and obligations from this contract to one or more third parties (contract transfer). In the event of a transfer of contract the customer has the right to terminate the contract without notice.

7.5 Reservation of set-off

The customer may only set off claims that have been legally established or acknowledged by Ampelpublishing in writing. A right of retention of the customer is excluded. The assignment of the customer's claims against Ampelpublishing requires the prior written consent of Ampelpublishing to be effective.

7.6 Written form

Agreements between Ampelpublishing and the customer that deviate from these GTC must be in writing to be effective; this also applies to a waiver of the written form requirement.

7.7 Severability clause

Should a provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties by a valid provision which comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the event of a loophole.

7.8 Amendment of the General Terms and Conditions

Ampelpublishing is entitled to change these GTC at any time with effect for the future. The General Terms and Conditions of Ampelpublishing currently deposited with the order shall apply.

Status: January 26, 2020

Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr/

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.