General Terms and Conditions
1. We accept advertising orders only on the basis of our following General Terms and Conditions. We hereby expressly object to any deviating general terms and conditions of the ordering party. Deviating agreements with purchasers require the express written confirmation of the contractor in order to be valid. Verbal subsidiary agreements are invalid unless they have been expressly confirmed by us in writing.
2. Advertisement orders shall only become legally effective for the contractor upon written confirmation of the order by the contractor. In individual cases, the contractor reserves the right to execute advertising orders even without prior written confirmation. If an order has been placed for a specific issue, it may be cancelled free of charge up to 1 week before the advertising deadline. After this date, the publisher is entitled to charge 100% of the order value.
3. If the customer does not make any special time provisions, advertising orders will be processed as soon as possible, at the latest, however, within one year.
4. The discounts specified in the advertising price list shall only be granted for advertisements appearing within an order year. The business year begins with the publication date of the first number of the issue containing the advertisement and ends with the following twelfth issue. If the customer wishes to claim discounts, he must notify the publisher no later than three months after the end of the financial year. A specific circulation shall not be deemed to be guaranteed.
5. Advertisements in the classified ads will be printed in the relevant section without the need for a special agreement. Placement requests for classified advertisements cannot be considered, except for the front page.
6. The publisher reserves the right to reject orders for advertisements and inserts on the grounds of their content, origin or technical form in accordance with uniform, objectively justified principles of the publisher if their content violates laws or official regulations or if their publication is unreasonable for the publisher. The client shall be notified immediately of the rejection of an order. If the artwork is not yet available at the time of acceptance of an order or at the time of its written confirmation, acceptance of the order shall generally be subject to a subsequent review of the artwork. The publisher reserves the right to reject the order after checking the artwork. Printing documents shall always be passed on for processing in the form in which they were sent by the customer or by third parties. Any defects in the print documents that are only detected during printing shall not entitle the customer to claim damages or to reduce the agreed price.
7. The requirement to exclude competitors cannot be met.
8. The publisher guarantees the correct reproduction of the advertisement in terms of printing technology. The customer is responsible for the correct transmission of the advertisement text. The publisher shall not be liable for the correctness of the reproduction, in particular in the case of advertisements placed by telephone or in the case of changes initiated by telephone or in the case of unclear transcription.
9. Proofs will only be supplied upon express request, provided that the print documents are available at least 20 days prior to the start of printing. The client is responsible for the correctness of the returned proofs. If the customer does not return the proof sent to him in good time - i.e. in good time before printing - approval for printing shall be deemed to have been granted as in the proof.
10. If the advertisement is printed illegibly, incorrectly or incompletely, in whole or in part, despite correct transmission, the customer may not demand a reduction in price or compensation. The customer may, however, demand that a replacement advertisement be printed in the next possible number, but only to the extent that the purpose of the advertisement has been impaired. If the publisher does not comply with the customer's request, the statutory warranty claims shall come into force.
11. If the customer does not provide any specific information on the desired size of the advertisement when placing the order, or if the desired advertisement text cannot be accommodated in the size requested by the customer, the publisher shall decide at its own discretion which size is to be used for the advertisement. The price calculation is based on the actual print height.
12. Unless otherwise agreed with the customer, invoices shall be due and payable net within 30 days of being issued, even without a special reminder. The Contractor reserves the right to shorten the payment periods in individual cases or to demand advance payments. The Contractor may defer the execution of an order or the execution of further advertising orders until payment or advance payment has been made.
13. In the event of default or deferral of payment, interest of at least 4% above the respective Bundesbank discount rate as well as collection costs shall be charged. The contractor reserves the right to further charge interest on arrears in the amount incurred by him. The Contractor shall be at liberty to prove that the damage caused by the delay in payment is lower than the damage charged to the Client by the Publisher.
14. Upon request, the Contractor shall supply a header voucher free of charge immediately after publication of the advertisement. A complete voucher copy will be supplied if justified by the nature and scope of the advertisement order. If a receipt can no longer be obtained, it shall be replaced by a certificate of acceptance from the publisher.
15. If an order is changed at the request of the customer after the order has been placed and if costs are incurred by the contractor as a result of this change, the customer shall bear the additional costs incurred, even without a special agreement.
16. Our currently valid advertising prices remain guaranteed for four months after the order is placed. If an order is processed later than four months after conclusion of the contract, the most recent advertising prices shall apply. If several advertisements are placed with one order, the individual advertisement depends on the issue for which it was scheduled. The publisher undertakes to notify the customer immediately of any changes to the advertising prices. The customer has the option of terminating the advertising order for the future within ten days of receipt of the notification. Notice of termination must be given by registered letter. If the customer does not exercise his right of termination, the new advertising rates shall come into force ten days after receipt of the notification.
17. In the case of box number advertisements, the publisher shall exercise the care of a prudent businessman for the safekeeping and timely forwarding of the offers. Offers and replies to box number advertisements will be forwarded daily (Mon - Fri). In the interest and for the protection of the client, the publisher reserves the right to open the incoming offers for checking purposes in order to prevent misuse of the box number service. The publisher is not obligated to forward commercial advertisements and brokerage offers.
18. If an order cannot be executed on time as a result of force majeure, technical operational disruptions or as a result of interruptions due to strikes, lockouts, also in supplier or transport companies, as a result of disruption or discontinuation of delivery options, due to accidents of any kind, claims for damages of any kind or lost profit shall not be reimbursed by the contractor. In such cases, the contractor may, at his discretion, withdraw from the contract or publish the advertisement in the next possible issue of the magazine. Furthermore, the Contractor shall not be liable for any delayed delivery of issues of the magazine for reasons beyond its control (postal strike or similar).
19. Print documents will only be returned upon special request of the customer. The obligation to retain them ends three months after publication of the respective advertisement.
20. The place of performance and jurisdiction is the registered office of the publisher. Insofar as claims of the publisher are not asserted in dunning proceedings, the place of jurisdiction for non-merchants shall be determined by their place of residence. If the place of residence or habitual abode of the client is unknown at the time the action is brought or if the client has moved his place of residence or habitual abode outside the area of application of the law after conclusion of the contract, the place of jurisdiction shall be the registered office of the publisher.
By placing the order, the purchaser accepts these terms and conditions of sale as binding. They become part of the contract.
1. trademarks and resale
The products distributed by DOZ-Verlag are branded articles whose commercial resale is only permitted in our original packaging and only in Germany. In any case, the written consent of DOZ-Verlag is required.
All offers are subject to change. Orders and agreements, including those made verbally or by telephone, shall only be binding on us if and to the extent that we confirm them in writing or comply with them by sending the goods and the invoice.
The prices are shown in €. They are subject to change and apply only to domestic requirements. Our net prices valid on the day of the order are decisive for the calculation; the value added tax is shown separately. The amount is inclusive of statutory VAT plus the flat shipping rate
Since 17.11.2014 we now only charge a flat shipping rate for orders:
4.95 € gross for deliveries within Germany up to a gross order value of 60.00 €, above this value free of shipping costs.
9,95 € gross for deliveries outside Germany up to a gross order value of 120,00 €, above this value free of shipping costs.
We kindly point out to our foreign customers that, depending on the country of delivery (e.g. Switzerland), there may be considerable additional customs charges, over which the publisher unfortunately has no influence!
Different shipping costs apply to our magazine subscriptions:
OCL domestic shipping: 15.00 € incl. VAT.
OCL international shipping: on request
OCL trial subscription: on request
Discounts are generally not permitted under the German Book Price Fixing Act. Only bookstores receive the usual book trade discount.
The publisher has the right to adjust subscription prices to changed circumstances (increased personnel costs, material costs, or increased costs for the provision of services that the publisher must pay to third parties).
Unless otherwise agreed with the purchaser, the method of packaging and shipment shall be determined by us. In the case of shipments damaged during transport, the damage must be certified by the carrier before acceptance. The nature and extent of the damage must be reported to us immediately. Events such as force majeure, shortage of raw materials, traffic disruptions, industrial disputes and other operational disruptions, also insofar as these occur at upstream suppliers, as a result of which prompt delivery is made impossible, shall entitle us to make up for the delivery within a reasonable period of time after the order has been placed or to refrain from delivery altogether, without the Buyer being entitled to any claim for compensation. In this case, there shall be no claim for damages against us. If the delay is due to reasons other than those mentioned above and if it can be proven that the purchaser has suffered damage as a result of the delay, liability shall be limited to intentional or grossly negligent breaches of contract on our part. Partial deliveries are permissible. Firmly ordered and delivered goods can neither be taken back nor exchanged. Packaging material will not be taken back.
5. transfer of risk
The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of dispatch. If shipment becomes impossible through no fault of our own, the risk shall pass to the purchaser upon notification of readiness for shipment.
6. terms of payment
14 days net, unless otherwise stated.
7. warranty and liability
Any defects in the quality or quantity of the goods must be reported to us immediately upon receipt of the goods, hidden defects immediately upon discovery. Warranty claims must be asserted within the statutory period of 24 months. In the event of a justified complaint, we shall have the priority choice of making a subsequent delivery of defect-free goods or taking back the goods against reimbursement of the purchase price. If the subsequent delivery or the repayment of the purchase price fails, the buyer has the right to demand a reduction in price. A claim for compensation of consequential harm caused by a defect is excluded, unless we are responsible for the consequential harm caused by a defect intentionally or by gross negligence.
You can return all items purchased from us within 14 days and will immediately be refunded the purchase price, provided that the goods are in unused condition. A revocation of the contract must be expressly declared. For the revocation it is not sufficient to refuse the acceptance. The revocation must be made by e-mail or in writing. We ask you to handle the goods very carefully in case of a revocation. If the goods have visible signs of use, the consumer has to compensate us for the reduction in value or the value according to the Distance Selling Act. This can cause the obligation of the consumer to pay the full purchase price. If the customer revokes, he bears the cost of return, unless the goods are defective! Goods returned freight collect will be accepted only after notification to the publisher and its acceptance. In case of unannounced unfree returns, their acceptance will be refused.
The cancellation of the purchase of download products is excluded. The same applies to sealed (shrink-wrapped) goods that have been opened, for example books, CDs, DVDs.
9. reservation of title
Until all claims, including all current account balance claims, to which we are entitled against the purchaser for any legal reason now or in the future have been satisfied, the following securities shall be granted to us, which we shall release upon request if their value exceeds the claims by more than 20% on a sustained basis. The goods shall remain our property. The buyer is entitled to sell the goods in the ordinary course of business as long as he is not in default. Pledges or transfers of ownership by way of security are not permitted. The Buyer hereby assigns to us in full, by way of security, any claims arising from the resale or any other legal reason in respect of the goods. We revocably authorize the buyer to collect the claims assigned to us for our invoices in his own name. This direct debit authorization can only be revoked if the buyer does not properly meet his payment obligations. In case of access of third parties to the goods, the buyer will be informed of our ownership. He will inform us immediately. In case of breach of contract by the buyer, in particular default of payment, we are entitled to take back the goods or, if necessary, to demand assignment of the buyer's claims for return against third parties.
10. data protection
In accordance with the legal data protection regulations, all personal data transmitted to us are protected for an unlimited period of time. We store with your consent only your customer master data and the data about your order. We do not sell any personal data of the customers and do not leave them to third parties, with the exception of partner companies, which support us in the processing of the order and are also obliged to comply with the data protection standards.
11. applicable law, place of jurisdiction, partial invalidity
The law of the Federal Republic of Germany shall apply to these Terms and Conditions and the entire legal relationship between DOZ-Verlag and the Buyer. The place of performance and jurisdiction shall be Heidelberg. Should any provision in these Terms and Conditions or any provision within the scope of other agreements become invalid, this shall not affect the validity of all other provisions or agreements.
General Terms and Conditions of Delivery and Payment for the Operation of the OCL Shop by DOZ-Verlag Optische Fachveröffentlichung GmbH, Luisenstraße 14, 69115 Heidelberg, Germany.
The following "General Terms and Conditions" apply to the OCL Shop.
§ 1 Scope of Application
The following Terms and Conditions apply to all digital content (hereinafter referred to as "Content") provided by DOZ-Verlag against payment or free of charge. They apply to each individual retrieval of Content. Verbal collateral agreements do not exist. The GTC can be printed out. The contract can only be concluded in German.
§ 2 Registration
Prerequisite for the retrieval and purchase of Content is the registration of the User/Customer. By registering, the User (also Customer) agrees that the data entered by him may be checked for plausibility by DOZ-Verlag or a company commissioned by DOZ-Verlag. The User is obliged to notify DOZ-Verlag of any changes to the data entered. DOZ-Verlag shall be entitled to refuse or revoke a registration at any time.
§ 3 Availability
DOZ-Verlag grants the registered User access to its content. As a rule, the (registered) User can acquire the Publisher's Content 24 hours a day. However, DOZ-Verlag does not guarantee the availability of its service. Likewise, the Publisher shall not be liable for any disruptions on the Internet.
§ 4 Conclusion of contract
The individual call-off contract shall be concluded by the transmission of the order by clicking on the "Buy" button and by the confirmation of the acceptance of the order by the publisher or by the provision of the file for download. There is no right of revocation, as the DOZ-Verlag provides a service which is electronically provided by the publisher immediately upon conclusion of the contract. The DOZ-Verlag stores the data of the conclusion of the contract and shows the user his personal user data under the menu item "My Account".
§ 5 Fees, Billing, Terms of Payment
The User shall be obliged to pay for the purchased content at the agreed prices. Invoicing shall be carried out by DOZ-Verlag. Any telecommunication charges incurred shall also be borne by the User.
§ 6 Copyright and Copyrights
The content distributed by DOZ-Verlag is protected by copyright. The User undertakes to recognize and comply with the copyrights. The User acquires from DOZ-Verlag the personal, non-exclusive, non-transferable, spatially and temporally unrestricted right of use to the acquired Content in order to use it on end devices of his choice (computers, e-readers, smartphones, tablets or similar). Any use of the content beyond this is not permitted. Depending on the publisher's usage rights granted, the product is delivered without copy protection or with a watermark, but with a copyright notice. The User may not remove copyright notices, trademarks, digital watermarks and other legal reservations in the retrieved Content.
§ 7 Warranty
If a download is unsuccessful, the User shall be entitled to further downloads of the respective Content. Furthermore, DOZ-Verlag shall be liable for any other damages resulting from a grossly negligent breach of duty on the part of the publisher or from an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent.
DOZ-Verlag observes the regulations of data protection (in particular BDSG, TMG). Without the consent of the User, inventory and usage data of the User shall only be collected, processed or used by DOZ-Verlag to the extent that this is necessary for the processing of the contractual relationship and for the utilization and billing.
The User agrees that DOZ-Verlag supports the registration and the use of its service through the use of so-called cookies.
§ 10 Right of withdrawal / cancellation policy
You can cancel your contract within 14 days without giving reasons in writing (eg letter, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the revocation period, it is sufficient to send the revocation or the item in time.
The revocation is to be addressed to:
DOZ-Verlag Optical Publications GmbH
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to return or surrender them in part or in a deteriorated condition, the customer shall be obliged to pay compensation to this extent. The customer shall only pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond the inspection of its properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, such as is possible and customary in a retail store. Goods that can be sent by parcel are to be returned at our risk. You have to bear the costs of the return.
The right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at their express request before the right of withdrawal has been exercised or the customer has initiated this himself (e.g. by download etc.).
The right of withdrawal does not apply to contracts
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature
- after the delivery of content and other electronically transmitted products.
The revocation of the purchase of download products is excluded. The same applies to sealed goods that have been opened, for example CDs, DVDs, etc.
§ 11 Final clause
German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of performance is Heidelberg. The place of jurisdiction for merchants is Heidelberg.
Status: March 2013