§ 1 Area of Application
These Terms of Service (TOS) shall apply to any deliveries by or services of Z_punkt GmbH which are booked, ordered, or retrieved (“download”) through this website, excepting only those provisions at variance with the terms which are listed in product-specific order forms and application forms. The conditions valid at the time of order or retrieval apply. Z_punkt GmbH does not recognise different terms and conditions set by the client/customer/participant unless Z_punkt GmbH has explicitly agreed to do so in writing.
§ 2 Contract Formation
(1) With regard to conditions governing orders, retrievals, and registrations for a specific product, the product-specific order forms and application forms are authoritative.
(2) Orders and applications can be taken through the Internet, E-mail, telephone, fax, or by post.
(3) Unless the customer returns the ordered product within its specified trial period, a purchasing contract is effected. During the trial period, the delivery, services, and offers are free. The length of the trial period depends on the product in question, and is listed in the product specific order form. You may return a delivered item/trail copy at any time during the trail period. Punctual dispatch to Z_punkt GmbH, Anna-Schneider-Steig 2, D-50678 Köln, Germany suffices to comply with the time limit. Burden of proof for the dispatch of the product in question lies with the customer.
(4) In the case of products offered by Z_punkt GmbH for retrieval (“download”) from its website, a contract is automatically entered into if Z_punkt GmbH enables the customer to download the product.
§ 3 Download Offers
(1) Z_punkt GmbH offers customers who have access to the Internet the option of retrieving (“downloading”) against payment onto the customer’s Internet-ready computer digital files containing text, audio, or video data.
(2) With regard to any file purchased via download, Z_punkt GmbH grants the user a personal, non-exclusive, and non-transferable right of using the file as envisaged in the contract. Within the context of this envisaged use, copying and transferring the file onto other storage media (e.g. a blank CD) or onto other players is solely permitted for the customer’s personal use. Any other use not authorised by the contract, in particular, but not limited to, leasing, broadcasting, licensing to third parties, making the file available on the Internet or other electronic networks (“filesharing”) is prohibited. Any infringement will result in the expiring of the right of use granted.
(3) On conclusion of the contract between Z_punkt GmbH and the customer, no further proprietary rights of use, rights concerning the law of industrial property and copyright, or other industrial property rights (e.g. trademark rights, rights to a name, copyright to a title) are transferred.
(4) Z_punkt GmbH assumes no liability for any temporary or permanent disruption of the data transmission onto the customer’s server or computer. Z_punkt GmbH also does not guarantee the constant availability of the offered downloads, e.g. in the case of maintenance work or during failures of the transport server. Responsibility for the functional capability of the hardware and software and telecommunication services needed to make use of the download offer, and the cost of the above, rest solely with the customer. In this regard, Z_punkt GmbH will not take on any liability or guarantee.
§ 4 Prices/Changes in Prices
(1) The prices published at the moment of issuing an order are definitive for the issuing of invoices.
(2) Prices quoted for publications and for chargeable electronic documents (PDF-downloads) include German VAT. In the case of printed publications, shipping and handling charges also apply. Prices quoted for events and workshops/tutorials do not include VAT.
§ 5 Delivery/Invoicing
(1) Unless otherwise expressly agreed, delivery will be made to the customer’s address. Details given regarding the delivery date are for information only and without responsibility, unless a specific delivery date was expressly agreed upon.
(2) Invoices are issued to the address given by the customer in his order.
§ 6 Cancellations/Withdrawals of Orders
(1) Cancellation periods are given in the specific order forms and subscription forms for each product. Unless otherwise stated in these documents, cancellations are possible at any time.
(2) Events and workshops/tutorials: If registrations are cancelled, the cancellation fee given in the respective registration form applies. Cancellations have to be submitted in writing. It is possible to name a substitute.
(3) Booking speakers: Should the customer cancel the contract at least 21 days prior to the date of the lecture, a cancellation fee of 50% of the agreed fee applies. Cancellations closer to the date result in the agreed costs having to be paid in full.
(4) Publications: Products damaged by the customer may not be returned.
(5) Electronic documents (PDF-downloads): There is no right of withdrawal in the case of retrieved / downloaded documents.
§ 7 Customer’s Right of Withdrawal
(1) In those cases where the customer is a consumer, i.e. a natural person which has made the order for a purpose unrelated to their corporate capacity or their capacity as self-employed professionals (entrepreneurs), customers may revoke the agreement in writing (e.g. by sending a letter, fax, or email), or by returning the purchased good(s) within one month of the purchase, which period shall commence no sooner than the receipt of these instructions. If goods are delivered, said period shall not commence before the day of their arrival at the recipient. Punctual dispatch of the good(s) or revocation suffices to comply with the time limit. The revocation shall be sent to:
Z_punkt GmbH
Anna-Schneider-Steig 2
D-50678 Köln
Phone: +49 (0)221-355 534-0
Fax: +49 (0)221-355 534-22
E-Mail: orders@z-punkt.de
In the case of contracts concerning the delivery of audio and video files or software, the right of withdrawal expires once the customer has unsealed the storage media.
(2) If a withdrawal becomes effective, both sides have to return the benefits received and, where applicable, emoluments. Should the customer be unable to return the services received, or only be able to return it in parts, or only in a deteriorated state, to Z_punkt GmbH, he shall be liable to indemnification. In the case of returned goods, this does not apply if the deteriorated state is solely due to the customer’s inspection of the goods, similar to that done in a retail shop. Incidentally, customers may avoid these costs (compensation for the decrease in value) by not treating the merchandise as being fully owned and to refrain from any actions which could have a detrimental effect on its value. If possible, goods have to be shipped as parcel. If the goods received are in accordance with the ones ordered, or if their value in total does not exceed EUR 40.00, or if – in the case of a higher value – the customer has not yet settled the amount due or made a partial payment, the customer has pay for the reshipment. In all other cases, reshipment is exempt of charge.
§ 8 Payment
(1) All services are to be paid immediately after receipt of the invoice without any deductions.
(2) Unless otherwise stated on the respective order form or registration form, payment of services is in advance using credit cards (Visa, Mastercard), or after receipt of the invoice, if goods are shipped within Germany, to Austria, or to Switzerland, and delivery address and invoice address are identical.
(3) In the case of foreign bank transfers, please use the IBAN (International Bank Account Number) and BIC (Bank Identifier Code) numbers of the bank used by Z_punkt Gmbh which are stated on the invoice. In the case of non-domestic payment orders, all bank charges have to be paid by the customer.
(4) Cash payment or payment by cheque is not possible. Z_punkt GmbH excludes liability for any cheques or cash sent.
(5) Late payments will result in interest will be added to the outstanding sum at 5% p.a. above the European Central Bank’s base lending rate. Also, adequate overdue fines will be added for each overdue notice. Furthermore, if the customer is responsible for any backcharges, corresponding services charges will be applied.
§ 9 Reservation of Title
Until they have been paid in full, all delivered products will remain property of Z_punkt GmbH.
§ 10 Warranty and Liability
(1) If a delivered product is deemed to have defects, customers have to lodge a formal complaint in writing with Z_punkt GmbH immediately, or within one week of delivery. The deficient goods have to be presented to Z_punkt GmbH in the condition they were in at the time the defect was found. Should Z_punkt GmbH be responsible for the defect, a supplementary performance will be carried out.
(2) Damages for non-performance resulting from positive breaches of an obligation, or based on liability arising before or at the time of entering into the contract, or liability in tort are excluded, both against Z_punkt GmbH and its vicarious agents with respect to contractual or tortious liability, unless the damages were deliberate or due to gross negligence.
(3) Responsibility for other damages, which are the result of delay by Z_punkt GmbH, an impossibility for which Z_punkt GmbH is responsible, or negligence in carrying out contractual duties, is limited to the damages which are typical and foreseeable based on the contractual use of the merchandise.
(4) Any further liability, especially for damages as a result of force majeure, or damages not affected on the merchandise, for earnings lost, or any other economic losses suffered by the customer, is excluded.
§ 11 Intellectual Property Rights
Z_punkt GmbH retains the intellectual property rights, copyrights, and rights of publishing to all delivered products. Any commercial subsequent utilization or reproduction of text, images, charts, and audiovisual material is forbidden. This applies to all products and Z_punkt GmbH’s complete online presence and content, excluding only the press releases published on the webpages.
§ 12 Final Clause
(1) In the event that any of the provisions herein shall be deemed invalid, fully or in part, the remaining provisions shall remain in full force and effect.
(2) Place of jurisdiction and place of performance is Essen.
(3) In any dispute resulting from the business connection between Z_punkt GmbH and a customer, whether said customer is a qualified merchant, a legal person under public law, or a special fund under public law, suits have to be filed in the court responsible for our headquarters. We are also entitled to filing suit at the customer’s headquarters.
(4) If the customer’s place of residence, or his habitual residence, is in a foreign country, Essen is the place of jurisdiction with regard to all titles in connection with his order.
(5) These Terms of Service shall be exclusively subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded, even if orders come from foreign countries or deliveries are made to foreign countries.
(6) Only the German version of these Terms of Service shall be the ruling language and shall be legally binding to the Parties.
2007 Z_punkt GmbH
