Terms and Conditions of Rheinwerk Publishing, Inc. for Online Customers

Terms and Conditions of Rheinwerk Publishing, Inc. for Online Customers

Download as PDF

PLEASE READ THE FOLLOWING TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, OR ORDERING PRODUCTS FROM THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. RHEINWERK PUBLISHING MAY MODIFY THESE TERMS FROM TIME TO TIME WITHOUT NOTICE TO YOU, AND ANY SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON BEING POSTED AT HTTPS://WWW.SAP-PRESS.COM. YOUR CONTINUED USE OF THIS SITE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH MODIFIED TERMS. ALL THE TERMS OF THE RHEINWERK PUBLISHING PRIVACY POLICY ARE HEREBY INCORPORATED BY REFERENCE.

1. General

We deliver our books and other publishing products solely on the basis of these Terms in the version in effect at the time of order. We do not acknowledge terms set by the buyer that conflict with or deviate from these Terms, except in cases in which we expressly agreed to such terms in writing. Contracts are made in English language only.

Product specifications serve the purpose of describing a product in its general characteristics. We provide them to the best of our knowledge, but we make no warranties. The specifications are not guaranteed characteristics.

2. Orders

If you order a product, you are bound to your order, regardless of whether the order was submitted orally, in writing, on the phone, via fax or email. This binding expires if within four weeks, we neither confirm your order in writing nor deliver the ordered product. You submit an order in our web shop by (1) adding an article to the shopping cart, (2) entering your delivery and payment information, (3) confirming the correctness of your information, and (4) clicking on the “Order” button in the last step. When ordering products that have not yet published or are temporarily not available, you have the option to cancel your order. More information about the ordering process can be found on our help pages.

You submit a binding order when completing the online ordering process by entering the required information and clicking the “Order” button in the last step. Once you send your order, we will send you an email that confirms receipt of your order and lists the order details (order receipt). With this order receipt, you will also receive all customer information, which you should print and file. This order receipt does not constitute acceptance of your offer, but is only meant to inform you that we received your order. The contract is only concluded by shipping the products you ordered.

3. Data Storage

Your orders are stored in our systems. If you lose the information about your orders, please contact us by phone, email, or fax. We’ll be happy to send you a copy of your order information.

4. Delivery

Our fulfillment partners are Publishers Storage and Shipping in the state of Michigan, U.S.A. and VVA (Vereinigte Verlagsauslieferung) in Gütersloh, Germany. European countries (including Turkey) are served via our German warehouse. For customers in the European Union, E.U. VAT directives apply.

Shipping fees and delivery times vary depending on destination and shipping service selected. Service fees and levels are:

Destination	Delivery Time	Shipping Fee
United States	3 to 7 business days	$6.99
Canada	3 to 5 business days	$39.99
Mexico	3 to 5 business days	$49.99
European Union, Switzerland, Liechtenstein	2 to 8 business days	$12.99
United Kingdom of Great Britain and North Ireland	3 to 5 business days	$49.99
Other European countries	7 to 19 business days	$29.99
Central and South America	3 to 7 business days	$69.99
Africa, Asia, Australia, and Oceania	3 to 7 business days	$69.99

Customs fees and duties as well as customs brokerage fees that may apply in the destination country are the responsibility of the customer. Please note that the time for customs clearance can vary from country to country and shipment to shipment. Rheinwerk Publishing is not responsible for packages that are held up in local customs. To speed up clearance processes, we recommend using a corporate shipping address.

Orders of products that have not yet been published or are temporarily out of stock will be put on backorder. These products will be delivered immediately upon availability. Please note that you will be charged shipping costs for each shipment separately.

We make an effort to inform you about publication dates and delivery dates of our products to the best of our knowledge. However, many different people contribute to the creation of publishing products, and the most important of these contributors—the authors—are sought-after subject matter experts. Therefore, we cannot guarantee the information given in catalogs or on our website. In cases of force majeure and other unpredictable, unusual circumstances that are beyond our control, delivery times may be delayed by a reasonable period. If delivery becomes impossible or unacceptable, we are freed from the obligation to deliver. If a delivery is delayed by more than two months, you are entitled to withdraw from the contract after granting an additional, reasonable grace period. In no way can damage claims be derived from a delay in delivery or our failure to deliver. We reserve the right to deliver only parts of the order.

5. Returns

For printed products, you are entitled to return the item within two weeks after receiving the goods by providing notification via email at info@rheinwerk-publishing.com, or by returning the goods to the warehouse from which you received them:

PSSC-Ann Arbor
100 N. Staebler Rd, Ste D
Ann Arbor, MI 48103
U.S.A.

or:

VVA-arvato
Remittendenstelle
Warenannahme 500
Henkenstraße 59-65
33415 Verl
Germany

A reason for the return is not required. For products that consist of a printed and an electronic component (“bundle”), this right to return only extends to the printed component. E-books are non-returnable.

If you decide to return a product, you are responsible for all postal charges for the return if the products received are the products you ordered and if they were not damaged upon receipt. You are also responsible for any damage that occurs to products being returned prior to their receipt by Rheinwerk Publishing.

6. Prices

Prices apply as shown in the website’s shopping cart at the time of your order (errors and omissions excepted). All prices are listed in US Dollars, and payments are only accepted in US Dollars. Pricing information for products that have not yet been published is subject to change. All prices shown are consumer list prices and expressly exclude applicable sales tax, value added tax (VAT), shipping fees, and customs fees if applicable.

7. Payment Methods

Our website accepts credit cards (VISA, MasterCard, American Express) and PayPal. Your card or account will be charged once your order has shipped. All credit card information is handled by our payment service provider, Ingenico ePayments. Rheinwerk Publishing does not receive, access, or retain any customer credit card information. For information on how Rheinwerk Publishing retains and protects customer information, please see our Privacy Policy.

If payment of the order is revoked after the order has been shipped, we reserve the right to claim payment including interest as permitted by law, via a debt collection procedure. We further reserve the right to refuse to accept subsequent orders. You are entitled to offsetting only if your claims have been approved in court and recognized by us.

8. Reservation of Proprietary Rights

The shipped products remain the property of Rheinwerk Publishing until all claims against the buyer have been fully settled.

9. Copyright and Terms of Use

a. All of the products offered on this site are protected by copyright. As a user of this site, you agree to acknowledge and respect this copyright.

b. When buying a digital product (e-book) you do not acquire property. You receive the unlimited right of personal use for a digital product, which cannot be transferred.

A temporal limitation exists insofar as we only guarantee the download accessibility of a digital product for a period of 12 months after a purchase.

You are entitled to the personal use of your digital product. You are allowed to print it or copy it to another device; but only for personal use. The transfer of a digital product, a copy of that product, or a printout to a third party is not allowed; neither in full nor in parts. In particular, making the product available for use and/or download over the internet or in corporate networks, lending, resale, or any other commercial use is strictly prohibited.

The copyright notices, digital watermarks, trademarks and other legal representations must not be removed from or altered on a digital product.

c. Further, the permanent or temporary transfer of your account information for accessing the “Library” and the digital products available in it is expressly prohibited.

d. If we have reason to believe that our digital products or our online offerings are being used in a way prohibited by these terms and conditions, we reserve the rights (among others) to demand proof of purchase from the customer, demand a changing of his/her password, block access to his/her Library, delete the associated customer account, or prohibit the further use of already downloaded digital products.

10. Warranty for Purchases on our Site

In case of defects caused by Rheinwerk Publishing, we have the right to choose whether we rectify the defect or replace the products. If the rectification fails, or we are not willing or able to rectify the defect or deliver a replacement, or the rectification or delivery of replacement is delayed beyond a reasonable period for reasons within our control, the buyer is entitled to withdraw from the contract or to demand a discount on the purchase price. In case of a replacement, you must return the defective product; standard shipping charges will be paid by Rheinwerk Publishing.

All claims for damages, regardless for which reason, but in particular claims for damages arising from the use of our products are expressly excluded, except for cases in which these damages obviously arise from willful action or gross negligence. In case of gross violation of a principal obligation, our liability is limited to the foreseeable damage, which is usually limited to the purchase price of the ordered product.

11. Disclaimer of Warranties for Website

You assume total responsibility and risk for your use of the site. The site is provided "as is" without any warranties, representations or endorsements of any kind, either express or implied, including, without limitation, (a) any warranties of title, merchantability, fitness for a particular purpose or non-infringement, (b) any warranties of compliance with government regulations on prescription drugs, and (c) any warranties that material, products and services of the site will be uninterrupted, timely, secure or error-free, that any of the foregoing is free of viruses and other harmful components, that defects in any of the foregoing will be corrected, that results obtained from use of the foregoing will be accurate or reliable, that the quality of any material, products, or services purchased or obtained through the site will meet your expectations. Rheinwerk Publishing shall not be liable for any cost or damage arising either directly or indirectly from your use of the site. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material.

12. Limitation of Liability

In no event will Rheinwerk Publishing or any of its directors, officers, employees or agents be liable under any contract, negligence, strict liability or other legal or equitable theory under these terms for any (a) special, incidental, consequential, or indirect damages, (b) loss of profits or business, interruption of business, lost or corrupted data, programs or information, and the like, (c) cost of procurement of substitute software, material, goods or services, or (d) claims attributable to interruptions, delays, errors, omissions or other inaccuracies of the site and/or material downloaded through the site; even if Rheinwerk Publishing or its authorized representatives have been advised of the possibility of such damages. Notwithstanding the above, Rheinwerk Publishing does not limit or exclude any liability the limitation or exclusion of which is prohibited by law. In such cases, liability of Rheinwerk Publishing is limited to the least extent required by law.

13. Site Information and Links

Information on or accessed through this Site may be transmitted through media that are beyond the control of Rheinwerk Publishing and its affiliates. Accordingly, Rheinwerk Publishing is not liable for the failure, delay, interruption or corruption of any information transmission. All files, information, data, text, video, graphics, music, sound, software, photographs, messages and other materials (collectively, "Material") uploaded, posted, e-mailed or otherwise transmitted via or to the Site ("Site Material") are the sole responsibility of the person from which such Material originated. Rheinwerk Publishing does not control, and is not responsible in any way for, including, without limitation, the accuracy, integrity or quality of any information, errors or omissions contained therein, or any loss or damage of any kind arising from the use of the Site. Rheinwerk Publishing makes no representations whatsoever about any third party Web sites, resources or services that are linked to the Site (collectively, "Third Party Sites"). Third Party Sites are independent from and not operated by Rheinwerk Publishing, and Rheinwerk Publishing has no control over the Material or content of those Third Party Sites. Rheinwerk Publishing does not endorse or accept any responsibility for the Material, or the use or nonuse of Third Party Sites. For your own protection, please carefully review the policies of Third Party Sites before you use such sites.

14. Access to Rheinwerk Publishing

Rheinwerk Publishing is not responsible or liable for your username or password or the use or nonuse of it. It is your sole responsibility to control, authorize and monitor the password and access to Rheinwerk Publishing and to your profile information. You grant Rheinwerk Publishing and its agents the right to store, monitor, transmit, retrieve and use your profile information in connection with the Site operation.

Please also consult our comprehensive and up-to-date Privacy Policy.

You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold Rheinwerk Publishing harmless for any improper or illegal use of your Account(s), including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination if you or anyone using your Account(s) violates these Terms.

15. Minimum Age

In order to comply with legal requirements regarding data privacy, we also have to ask about your date of birth, regardless of whether you create an account or order as a guest. Please be aware that we can only process orders of customers that are at least 16 years old at the time of the order. We do not use your date of birth for any purposes other than age verification.

16. Indemnification

You agree to defend, indemnify and hold harmless Rheinwerk Publishing, its parents, affiliates, licensors, licensees and their respective directors, officers, employees, and agents from and against all liabilities, claims, damages, and expenses, including attorneys' fees, in connection with your use of the Site, any Material you post, upload, e-mail or otherwise transmit via or to the Site, or your violation or alleged violation of the Terms.

17. Termination

You agree that Rheinwerk Publishing has the right at any time, in its sole discretion, with or without notice to you, to (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof), (b) deactivate or delete any of your passwords and accounts, and all related information and files in your accounts and/or bar any further access to such information and files, (c) remove any Material posted or uploaded by you, (d) terminate your right to access the Site, and (e) terminate this agreement. You agree that Rheinwerk Publishing shall not be liable to you or any third party for any of the foregoing. All other Sections of the Terms shall survive the termination of this agreement.

18. Data Privacy

Processing of personal data is in accordance with the applicable law, in particular the General Data Protection Regulation (EU 2016/679).

Personal data is shared with third parties exclusively for the purpose to process your order and limited to the necessary minimum. When submitting your order, you agree that Rheinwerk Publishing is allowed to save and process your personal data. More information is available in our comprehensive Privacy Policy.

19. Miscellaneous

Place of fulfillment is Quincy, MA. These Terms constitute the entire agreement between you and Rheinwerk Publishing governing the use of the Site. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any failure by Rheinwerk Publishing to enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. For any dispute in connection with the use of the Site, you expressly agree to submit to the personal and exclusive jurisdiction of the courts in the Commonwealth of Massachusetts.

Version October 2023