Terms of service
These general terms and conditions regulate access to and use of our services.
General terms of business and delivery that apply for the Professional Lighting Design online magazine (PLDM online) on the website www.pld-m.com
§ 1 Validity and definitions of terms
- With the Professional Lighting Design magazine (PLDM) on the website https://pld-m.com, VIA-Verlag Joachim Ritter e.K., Marienfelder Strasse 18, 33330 Guetersloh, Deutschland (hereafter referred to as “we” or “VIA”) operates an online magazine in the form of an online store providing media-enriched specialist literature and journalistic reports (digital goods). The following terms and conditions apply to all contracts between us and our customers (hereafter referred to as “customer”, “user” or “you”) relating to the delivery of digital content or services that are not stored on physical media in the version valid at the time of ordering, unless otherwise explicitly agreed.
- For the purposes of these Terms and Condition, the “user” is any natural person who enters into legal transaction for a purpose which cannot be attributed to any commercial or independent professional activity. An “entrepreneur” is a natural person or a legal entity or private company, who acts in his/her/its capacity as such when entering into a contract with us, whereby a legal entity is understood as being a private company with the capacity to acquire rights and enter into commitments/incur obligations.
§ 2 Formation of contract, storage of the contract text
- The following regulations pertaining to the conclusion of a contract apply when orders are placed through our online shop at https://pld-m.com.
- The digital products shown on our website do not represent binding offers on which the conclusion of contracts can be based.
- When orders are placed in our online shop the following rules apply: the customer places a binding offer by completing the ordering procedure through our online shop. Orders are placed as per the sequence of steps listed below:
- Select the digital goods.
- Add products to your order by clicking on the relevant button (e.g. “Add to shopping cart”, “Add to list”, or similar).
- Check the products in your order list.
- Review your order list by clicking on the relevant button (e.g. “Continue to payment”, or similar).
- Insert/check your address and contact data, select the method of payment, confirm you have read and agree to the terms and conditions, including the cancellation policy.
- Confirm you are prepared to forego your right of withdrawal.
- Complete your order by clicking on the button “Buy now”. This will provide you with an overview of your binding order.
- The contract is considered to be concluded when confirmation of your order is sent by us to the e-mail address provided within three working days.
- On conclusion of the contract, the contract with VIA-Verlag Joachim Ritter e.K., Marienfelder Strasse 18, 33330 Guetersloh, Germany comes into effect.
- Prior to ordering, the contract data can be printed using the print function of your internet browser, or saved electronically. The order is processed and all related and relevant information, in particular, order data, the general terms and conditions and the cancellation policy, is communicated via e-mail on completion of your order, in part automated. On conclusion of the contract we do not save the contract text.
- Input errors or typing mistakes can be corrected using standard keyboard, mouse and browser functions (e.g. the »Back « button of your browser). They can also be corrected/amended by cancelling the ordering process at any time, closing the browser window and repeating the procedure.
- The order is processed and all relevant information related to the concluded contract is communicated via e-mail, in part automated. It is therefore extremely important that you check that the e-mail address submitted by you is correct and applicable, that you can receive e-mails sent to the address you provided, and that the mails are not blocked by spam filters.
§ 3 Object of the contract and key features of the products on offer
- Our online shop is dedicated to:
- The sale of digital goods, e.g. software or media downloads. To determine which digital goods are on offer please refer to the website pages with our products.
- The key features of the digital goods on offer are described in the description of goods.
- For the sale of digital goods, certain restrictions may apply: those clearly stated in the product description or those resulting from specific factors or circumstances, in particular those applying to hardware and/or software requirements for the target environment. Unless otherwise expressly agreed, the object of the contract only covers the private use of the products without the right to sell or sub-license the goods to third parties.
§ 4 Prices, shipping costs and delivery
- The prices listed in the respective product offers, as well as the shipping costs, refer to the overall price and comprise all price components, including all applicable taxes.
- The purchasing price is to be paid prior to the delivery of the products (advance payment), unless we are in a position to offer payment on account. You will find information on the different payment methods in the relevant form in our online shop or specified in the respective offer. Unless otherwise stipulated under the different modes of payment, we as vendors are entitled to request immediate payment, as described in the process above.
- In addition to the prices quoted, costs may also apply for the delivery of the goods, unless the product ordered is clearly stated as being free of shipping costs. Shipping costs are also clearly indicated in the product offers, and where applicable in the “shopping cart” system, as well as in your order overview.
- Unless otherwise clearly stated in the product description, all items on offer are available for immediate delivery (delivery time: immediately upon receipt of payment).
- Restrictions as to delivery area: we deliver worldwide.
§ 5 Right of retention
- Right of retention only applies when the claims are based on the same contractual relationship.
§ 6 Right of cancellation for consumers in the case of contracts regarding the use of digital content
- With respect to distance selling contracts (contracts for which an entrepreneur/company, or a person acting on his/the company’s behalf, and the consumer only use distance communication for contractual negotiations and conclusion of the contract), by law consumers are generally entitled to cancel their order within 14 days. In accordance with § 13 of the German Civil Code, the consumer is any natural person concluding a legal transaction for purposes which cannot be attributed to his/her commercial or independent professional activities.
Expiration of the right of withdrawal
- In accordance with § 356 parag. 5 of the German Civil Code, the right of withdrawal from a contract by the customer expires immediately, when VIA has commenced execution of the contract after you have
- expressly agreed that we commence execution of the contract before expiry of the withdrawal period, and
- confirmed that you were notified of the fact that on agreeing that we commence execution of the contract you forfeit any right of withdrawal.
§ 7 Online offer – customer account
- Access/login data, technical requirements
- On conclusion of a user contract (single/individual licence), the customer receives access data (user name and password) from VIA to enable him/her to log in to the password-protected user area via remote data transmission. The access data give him/her the right to use the services provided in the framework of the user contract. Should the customer be a public authority, commercial company, etc., an agreement can be made to issue a so-called network licence, which gives a designated number of people the right to use the online offer.
- The customer is required to ensure he/she can provide the respective technical requirements to enable him/her to access the online offers and use them, also in the case of the further development of the software platform or other technical system components by VIA; in particular, the necessary hardware and operating system software, an Internet connection and the latest, or updated, browser software; on request, VIA can provide the customer with information regarding the browsers to be used in a specific case.
- Rights of use
- The customer receives the right of use of the online offer, as agreed by contract. The right of use is limited to the duration of use as stipulated in the contract, and is non-transferable to third parties.
- The downloaded content and documents are exclusively for the customer’s own use. Any business or commercial use of the content, in particular the distribution, sale, publication, loan or reproduction of the same, be it digitally or as print material, is not permissible. The permanent storage of large amounts of data to produce the customer’s own systematic compilations is not permissible.
- In the case of multiple users, only the number of persons predefined in the network licence agreement are entitled to use the online offer.
- Non-disclosure and misuse of access data
- The access data made available to the customer for his/her own use, or in the form of a network licence, entitle him alone to act as contractual partner with regard to the use of the online offer, and must be treated by him/her as confidential. Unauthorised use by third parties is prohibited and must be prevented by the customer.
- In the case of a network licence, the customer must guarantee that the users in his institution also fulfil this obligation. The customer undertakes to restrict IP access to the online offer exclusively to the officially entitled users in his/her institution and to prevent unauthorised use by third parties.
- The customer is liable for any misuse of data or information. VIA has the right to block or restrict access to the online offer, if necessary. Should the customer become aware of any misuse of access data or the IP check, he/she is obliged to inform VIA immediately.
- Scope of services, times of non-availability
- VIA is responsible for ensuring their server is connected to the internet and for guaranteeing accessibility, e.g. via appropriate contracts with their provider.
- Online offers are basically available 24 hours a day seven days a week. Users will benefit from the appropriate response times. VIA aims to provide 98.5% accessibility to the online offers throughout the year.
- When determining downtime, times of unavailability are not recorded
- as a result of the customer failing to provide the technical support to enable him/her to access and use the online offer,
- as a result of malfunctions in the data communications network or defects for which the data communications company is responsible,
- due to force majeure, such as power cuts or disturbances occurring within the telecommunication networks,
- due to routine or unscheduled maintenance work or updating measures between 22:00 and 6:00. Exceptional maintenance times between 6:00 and 22:00 are not considered or rated as downtime, provided they do not exceed more than three hours a month.
- Right of modification
- VIA reserves the right to change/amend the content of the online media offers at any time. This may also comprise reducing or expanding VIA’s scope of services in an appropriate manner.
- Costs and terms of payment
- The customer can choose to pay by credit card or via PayPal. If you wish to pay using PayPal, you will need to have – or set up – a PayPal account. For further information, please see www.paypal.com. In the case of payment by credit card, a credit rating is generally carried out in advance. The credit card account is debited upon conclusion of the order. Should the customer wish to pay by direct debit, the deadline for pre-notification is reduced to three working days before the due date of the respective invoice amount. A separate pre-notification is not necessary, if it is already contained in other documents (e.g. the invoice). The customer is obligated to ensure there are sufficient funds in the account for debiting the sums due.
- If the customer is in default of payment, VIA is entitled to claim processing costs and interest on arrears. In the case of default of payment, VIA is entitled to revoke the customer’s rights of use and to block access to online offers/the user account without citing reasons.
- Notwithstanding point 5 above, in the case of incidental cost increases VIA has the right to increase the remuneration to be paid. The customer will be informed of any adjustments made to the payment amounts. In this case, the customer has the right to terminate the user contract without adhering to the deadline stipulated for the current reference period.
- Duration and termination
- Detailed information on this point will be provided as soon as the online offer/platform has been developed to include subscriptions that are valid over a specific period of time.
- Warranty claims, complaints/notification of defects
- A default in quality exists if the online offer/platform do not comply with the agreed conditions and, as a consequence, the use thereof as stipulated in the user contract is impaired or only possible to a limited extent. The agreed conditions that apply to the online offer/platform are outlined exclusively in the user contract, the description of the platform on the website, promotional material or help texts. General indications or statements about the online offer/platform are no guarantee or assurance of a specific quality.
- The customer is requested to notify VIA immediately should any faults or defects come to his/her attention by sending a clear and comprehensible description of the defect in writing. On receipt of any notification of defects in writing, VIA will remedy any remediable deficiencies case by case within a reasonable period of time.
- The customer is only granted the right to terminate the agreement at any time (in the case of future subscriptions, etc.), if VIA has not managed to rectify the defect within a reasonable period of time. Otherwise, statutory provisions apply.
- VIA selects, maintains and updates the digital content with the care expected of a publishing company. Insofar as VIA is dependent on the delivery of texts from third parties, in particular original texts or judicial decisions in legal commentaries, VIA accepts no liability for the content/data provided being correct, up-to-date and complete or for why it was selected or compiled.
- VIA is not liable for damage resulting from power cable failure, server defects or the malfunction of other facilities that are not subject to VIA’s responsibility.
- With regard to severe or fatal injuries, or damage to a person’s health in the event of intent or gross negligence on the part of VIA, or a legal representative or employee of VIA, or in the case of damages occurring in the scope of a guarantee or assurance given by VIA, VIA is liable in accordance with statutory regulations.
- In cases of minor negligence VIA’s liability is limited to the compensation of losses foreseeable and typical for this contract. This applies when the execution of the contract can only be realised if the losses incurred are amended by VIA, a legal representative or employee of VIA, and fulfilment of the contract is enabled, on which the contractual partner may rely (cardinal obligation). In all other cases, to the extent permitted by law, no liability is assumed.
§ 8 Copyright
- The digital content contained on the VIA platform comprises databases provided specifically by VIA, especially databases as referred to in the copyright law §§ 4 parag. 2, 87a parag. 1. The corresponding computer programmes are protected under the copyright law as per §§ 69a ff.
- VIA is the copyright holder with regard to all other elements contained in the online databases, in particular those concerning the right of use and neighbouring rights related to the content and documents.
§ 9 Contract language
- Contracts can be drawn up in German and English.
§ 10 Guarantee/customer service
- Our guarantee is in accordance with legal stipulations.
- On fulfillment of the contract, you as the consumer are requested to immediately check that the items/digital goods delivered, or service provided, are complete (in accordance with your order), that there are no obvious defects, or damage caused in transit, and to inform us and the office/team responsible for forwarding the material (if applicable) of any complaints or grievances at your earliest convenience. Should you fail to comply with this request, this naturally does not affect your statutory warranty rights.
- In the case of questions, complaints or queries, you can reach our customer service team Monday to Friday from 9 am to 4 pm by e-mail: firstname.lastname@example.org and/or telephone: +495241307260.
§ 11 General
- Place of performance is Guetersloh, Germany.
- Solely the law of the Federal Republic of Germany, with the exclusion of UN purchasing law (CISG), governs this contract. For consumers, this law only applies insofar as the protection provided is not withdrawn due to binding legal provisions in the consumer’s country/state of residence (favourability principle).
- Insofar as the contracting party is a registered merchant/businessman/trader or a legal person under public law, or a separate body under public law, the place of jurisdiction for all disputes resulting from contractual relationships between the customer and VIA as the provider of goods/services is the seat/domicile of VIA.
- VIA will not take part in any dispute settlement procedure before a consumer arbitration board.
- Agreements, amendments or additions to the contract are only effective when made in writing. This also applies to the agreement to waive the requirement of providing changes or additions in writing.
- Should any of these terms and conditions become invalid, or invalid in retrospect, this does not affect the validity of the contract as a whole.