Terms and Conditions & Right of Withdrawal

Duncker & Humblot GmbH
Business Manager
Dr. Florian Simon (LL.M.)
Carl-Heinrich-Becker-Weg 9
D-12165 Berlin
Phone: +49 30 790006-0
Fax: +49 30 790006-31
Email: verlagduncker-humblot.de
https://www.duncker-humblot.de
https://www.duncker-humblot.com
 
Registered office in: Berlin
Registered at the Charlottenburg local court under the number: 92 HRB 23598
VAT ID: DE 136629304

OS-Platform of the EU-Commission for Online-Dispute-Resolution:

Online-Dispute-Resolution in line with sec. 14 subpara. 1: The European Commission provides a platform for Online-Dispute-Resolution, that is available under https://ec.europa.eu/consumers/odr. Our email address is: infoduncker-humblot.de. We are not participating in a dispute settlement procedure before a consumer arbitration board.

General Terms and Conditions and Right of Withdrawal
 
§ 1 Scope of application
Business relationships between the publishing house Duncker & Humblot GmbH (the seller) and the customer are governed exclusively by the following general terms and conditions in their current version at the time the order is placed. The seller does not accept different conditions named by the customer unless he or she has explicitly agreed to their validity.
 
§ 2 Conclusion of the contract
Your order will be placed by adding the product to your shopping cart and by clicking the button »Buy«. By placing the order you declare your binding will to acquire the goods. You will receive an acknowledgment of receipt immediately by email. The acknowledgment of receipt is automatically generated and does not constitute the acceptance of the customer's order. The contract of purchase emerges by delivering the ordered goods.
 
The text of the contract (which means your order details, e.g. the price, the Terms and Conditions…etc.) will be saved and is available for you in the email for the order confirmation.
 
Available languages for the conclusion of a contract are German and English.
 
§ 3 Cancellation policy/right of withdrawal
Consumers have the right of withdrawal. A consumer means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession (§ 13 BGB).

RIGHT OF WITHDRAWAL (when ordering printed books or other physical goods)
 
Right of Withdrawal

You have the right to revoke your contractual statement without stating reasons within 14 (fourteen) days. The time limit begins at the earliest after receipt of these instructions in text form, but not before the goods are received by the addressee (in case of recurring shipments of similar goods not before receipt of the first partial shipment) and not before compliance to our obligation to provide information pursuant to article 246 § 2 in combination with § 1 sect. 1 and 2 EGBGB as well as our obligations pursuant to § 312g sect. 1 sentence 1 BGB in combination with article 246 § 3 EGBGB.
 
To exercise your right of withdrawal you have to inform us about your decision to revoke the contract trough a clear representation (e.g. by post or email). You can use the enclosed form for your withdrawal, but this is not required.
 
To keep the revocation period it is sufficient to send us a notice about the exercise of your right of withdrawal before the end of the term. The declaration of withdrawal has to be addressed to:
 
Duncker & Humblot GmbH
Carl-Heinrich-Becker-Weg 9
D-12165 Berlin
Email: verkaufduncker-humblot.de
Fax: +49 30 790006-31
 
Withdrawal consequences

If you revoke this contract, we are obligated to reimburse all received payments, including the shipping costs (except additional costs resulting from choosing another way of delivery that differs from our most favorable standard delivery), immediately and not later than 14 days after your revocation. For this reimbursement we use the payment method that was used by you for the original transaction, unless something different was explicitly arranged with you. Certainly we will not bill you charges for it.
 
We are allowed to refuse the reimbursement until we regain the goods or until you furnished proof of the return shipment of the goods according to which is the earlier date.
 
You are obligated to return or render the goods immediately and not later than within 14 days after your revocation. You keep the period if you dispatch the goods before the end of the 14 days-period. You are committed to bear the regular costs of return shipment.
 
You only have to compensate for any loss of value of the goods, if this loss of value is affiliated with a handling that is not necessary to test their quality, their features or their functionality.
 
– End of legal cancellation policy –

The customer has to confirm explicitly his waiver of his right of withdrawal when ordering digital content.
 
Beyond that, the right of withdrawal does not apply to long-distance sales contracts for the delivery of audio or video recordings or software, if the delivered data media have been unsealed by the consumer.
 
Furthermore, the right of withdrawal does not apply to subscriptions for journals, if the subscription value does not exceed the amount of 200 Euros, or to the delivery of single newspapers, journals and magazines.

RIGHT OF WITHDRAWAL (when ordering digital content)
 
Right of Withdrawal

You have the right to revoke your contractual statement without stating reasons within 14 (fourteen) days. The time limit amounts to 14 days as from the day of the contract formation.
 
To exercise your right of withdrawal you have to inform us about your decision to revoke the contract trough a clear representation (e.g. by post or email). You can use the enclosed form for your withdrawal, but this is not required.
 
To keep the revocation period it is sufficient to send us information about the exercise of your right of withdrawal before the end of the term. The declaration of withdrawal has to be addressed to:
 
Duncker & Humblot GmbH
Carl-Heinrich-Becker-Weg 9
D-12165 Berlin
Email: verkaufduncker-humblot.de
Fax: +49 30 790006-31
 
Withdrawal consequences

If you revoke this contract, we are obligated to reimburse you all received payments, including the shipping costs (except additional costs resulting from choosing another way of delivery that differs from our most favorable standard delivery), immediately and not later than 14 days after your revocation. For this reimbursement we use the payment method that was used by you for the original transaction, unless something different was explicitly arranged with you. Certainly we will not bill you charges for it.
 
– End of legal cancellation policy –

In accordance with § 356 (5) of the German Civil Code (BGB): the Right of Withdrawal expires for any contract covering the delivery of digital content which is not delivered on a physical data storage medium, if the seller has started executing the contract and after the consumer 1. has expressly agreed that the seller will begin with the execution of the contract before the withdrawal period of 14 days has expired, and 2. has confirmed that he is aware that he will lose his Right of Withdrawal by agreeing to the immediate execution of the contract.

Withdrawal form

(If you want to revoke your contract, you can use the form below. Please complete this form and send it back to us.)
 
To
 
Duncker & Humblot GmbH
Carl-Heinrich-Becker-Weg 9
D-12165 Berlin
Email: verkaufduncker-humblot.de
Fax: +49 30 790006-31
 
Dear Sir or Madam,
 
herewith I/we (*) revoke the
 
Ordered at (*)/received at (*)
 
Name of customer (*)
 
Address of customer (*)
 
Signature of customer  (*) (only for communication on paper)
 
Date
________________________
(*) Strike out if not appropriate!

§ 4 Reservation of non-availability
We reserve the right not to execute the order if the ordered title is not available because it is out of stock or out of print. In this case we will inform you immediately of the non-availability and refund the purchase price, if it has already been paid.
 
§ 5 Shipping fees
The delivery of the order is carried out by Deutsche Post AG. Shipping costs are not charged for undiscounted domestic deliveries. Newspaper deliveries and deliveries to foreign countries and special modes of shipment must be paid by the customer.
 
Our shipping fees are calculated individually. They vary by mode of shipment, weight and shipping destination. The weight of a particular book is included on each product information page. The following shipping fees are currently valid:

Germany

Zone 1*

*Belgium, Denmark, France, Luxembourg, Monaco, Netherlands, Austria, Poland, Czech Republic, Andorra, Great Britain, Italy, San Marino, Sweden, Slovakia, Slovenia, Spain, Hungary, Vatican City, Bulgaria, Estonia, Finland, Greece, Ireland, Croatia, Latvia, Lithuania, Malta, Portugal, Romania, Cyprus

Zone 2**

**Liechtenstein, Switzerland, Albania, Bosnia-Herzegovina, Faroe Islands, Greenland, Iceland, North Macedonia, Montenegro, Norway, Republic of Moldova, Serbia, Ukraine, Belarus

Zone 3***

***Egypt, Algeria, Georgia, Israel, Lebanon, Libya, Morocco, Russian Federation, Syria, Tunisia, Turkey, Afghanistan, Armenia, Azerbaijan, Bahrain, Bangladesh, Bhutan, Brunei Darussalam, China (People's Republic) including Hong Kong and Macau, India, Indonesia, Iraq, Iran, Japan, Yemen, Jordan, Cambodia, Canada, Kazakhstan, Qatar, Kyrgyzstan, Kuwait, Laos, Malaysia, Maldives, Mexico, Mongolia, Myanmar, Nepal, North Korea, Oman, East Timor, Pakistan, Papua New Guinea, Philippines, Saudi Arabia, Singapore, Sri Lanka, South Korea, Tajikistan, Taiwan, Thailand, Turkmenistan, USA, Uzbekistan, United Arab Emirates, Vietnam

Zone 4****

****Angola, Anguilla, Antigua and Barbuda, Equatorial Guinea, Argentina, Aruba, Ethiopia, Australia, Bahamas, Barbados, Belize, Benin, Bermuda, Bolivia, Bonaire, Botswana, Brazil, British Virgin Islands, British Indian Ocean Territory, Burkina Faso, Burundi, Chile, Costa Rica, Curacao, Democratic Republic of the Congo, Dominica, Dominican Republic, Djibouti, Ecuador, El Salvador, Ivory Coast, Eritrea, Falkland Islands, Fiji, French Southern and Antarctic Territories, French Guiana, French Polynesia, Gabon, Gambia, Ghana, Grenada, Guadeloupe, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Cayman Islands, Cameroon, Cape Verde, Kenya, Kiribati, Colombia, Comoros, Republic of the Congo, Cuba, Lesotho, Liberia, Madagascar, Malawi, Mali, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Micronesia, Montserrat, Mozambique, Namibia, Nauru, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Palau, Panama, Paraguay, Peru, Pitcairn, Réunion, Rwanda, Saint-Pierre and Miquelon, Solomon Islands, Zambia, Samoa, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Zimbabwe, Somalia, St. Christoph and Nevis, St. Eustatius, St. Helena, St. Lucia, St. Maarten, St. Vincent and Grenadines, South Africa, Sudan, South Sudan, Suriname, Swaziland, Tanzania, Togo, Tonga, Trinidad and Tobago, Tristan de Cunha, Chad, Turks and Caicos Islands, Tuvalu, Uganda, Uruguay, Vanuatu, Venezuela, Wallis and Futuna, Central African Republic
 
 
§ 6 Terms of delivery and terms of payment
Unless otherwise agreed, the goods are delivered to the delivery address provided by the customer.
 
Unless otherwise agreed, the purchase price without deduction is due to be paid by the customer within 14 days after invoicing. Credit card payment is accepted. The publisher reserves the right to deliver only after prepayment. Delivery time varies depending on shipping method and destination.
 
§ 7 Special conditions when acquiring digital content
Digital content offered by the publisher is copyrighted. For digital content purchased via the publisher's online shopping basket, the simple and non-transferable right to display, store and print out only for personal/private purposes is granted to the consumer. Beyond this no other copyright, right of use or miscellaneous property rights are granted to the consumer. The public displaying, copying, digital sharing or miscellaneous publishing of the digital content is expressly prohibited. It is prohibited to remove or alter copyright notices, trademarks and other legal reservations – in particular digital watermarks.
 
§ 8 System requirements when acquiring digital content
The Duncker & Humblot eLibrary is the online platform on which you can access your purchased ebooks. You can get to the eLibrary if you click on »Meine E-Books« in your user account. The eLibrary is a flash application. If you download the ebook you receive a PDF file. All you need is an up-to-date version of the free Adobe Flash Player. To read downloaded ebooks you need the Adobe Reader which is free as well.
 
We forbear from »hard« DRM (Digital Rights Management) and stamp your ebook copy only with a personalized digital watermark.
 
§ 9 Offsetting, right of retention
Customers shall only have the right to offset counterclaims provided that these are legally valid or accepted by the publisher. He shall, furthermore, be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
 
§ 10 Reservation of title
The delivered goods shall remain the property of the publisher until all existing principal and subsidiary claims have been settled.
 
§ 11 Warranty and liability
In the event that the goods delivered to the customer have any defects, warranty is covered by §§ 434 ff. of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
 
§ 12 Data protection
We only process personal data for purposes of your order and within the legal parameters. By personal data we mean the data you provide to us through our forms (e.g. email addresses, order and invoicing information, mailing address and conditions of payment) and all data collected by server protocols (e.g. information about your purchase order status and/or delivery status and for internal customer analysis). Personal data is always treated confidentially and will not be shared with third parties.
Please see also our Privacy Policy.
 
The customer expressly agrees to the collection, storage and processing of the data received in the context of the business relationship.
 
The customer has the right to information and a right to correction, barring and deletion of the stored data.
 
Please find the complete data privacy statement here.
 
§ 13 Governing law and jurisdiction
The agreement shall be governed by the law of the Federal Republic of Germany, without recourse to the UN Convention on Contracts for the International Sale of Goods. If the customer is a trader or a legal person under public law, the exclusive place of jurisdiction for any disputes arising out of this contract shall be the location of our registered office, Berlin.
 
§ 14 Miscellaneous
Flawless returns will be credited in full, faulty goods (damages/handling marks) with not more than 30%. Returns from fixed remuneration, as well as returns without invoice/delivery note, require the publisher's permission and are repaid minus a processing fee.
 
The digitizing of book or journal content requires the publisher's explicit authorization.
 
(Translation of status as of 23.04.2018)