Terms and Conditions „Printed Book + E-Book“
1. Preliminary Note
These terms and conditions apply to the "printed book + e-book" offer provided by Ugarit-Verlag – Buch- und Medienhandel GmbH (hereinafter: Ugarit-Verlag), with or without remuneration, the relevant e-book content being delivered exclusively through data transfer over the Internet. The following provisions apply only to the e-book portion of the "printed book + e-book" offer.
2. Conclusion of contract / access to the "printed book + e-book" offer
The contract / subscription comes into being when the customer selects the "printed book + e-book" offer on the Ugarit-Verlag website. The customer will then receive a confirmation of their selection via email. Upon the conclusion of the contract the customer is granted a non-transferable, non-exclusive, perpetual right to use the e-book designated by the contract, which is limited in particular to the usage described in section 6. All rights not expressly granted remain with Ugarit-Verlag.
Upon expiration of the applicable subscription period, the subscription is automatically renewed for the applicable subscription period.
The customer has access to the relevant e-books through the Internet by means of password-protected data transmission. The customer is obligated to keep their access data and password confidential and to protect it from misuse by third parties. If the customer loses their access data or their password, or if there is reason to suspect misuse of this data, the customer will inform Ugarit-Verlag without delay. In addition, Ugarit-Verlag reserves the right to deny the customer access to e-books in case of abuse. The customer is liable for any kind of misuse for which they are responsible.
The invoice sent to the customer must be paid in line with the customer’s selection upon registration.
The invoice is due upon delivery and payable without deduction.
The prices charged are gross prices (net price plus statutory value-added tax).
The customer is not entitled to withhold payment if they do not have a statutory right of retention.
4. Right to Cancellation
As a consumer, the customer has a statutory right to cancellation. A Consumer is any natural or legal person who enters into a legal transaction for a purpose that may be attributed neither to their commercial nor their independent vocational activity (§ 13 BGB).
For further information regarding the conditions and consequences of cancellation, we refer to the instructions outside the terms and conditions of the printed book and e-book offer.
The contract for an e-book subscription can be canceled at any time, insofar as the subscription does not designate any specially agreed period of notice.
Any cancellation must be communicated in a written form. The non-use of e-books does not constitute cancellation.
6. Copyright / Usage Rights
Ugarit-Verlag reserves all copyrights, usage rights, and other rights to e-books.
The customer acquires the right to access the relevant e-books from any computer which is suitable for this purpose. The duration of the right of use shall be governed by the agreement as stipulated in the contract; it is communicated to the customer upon commencement of the contract and ends upon expiration of the contract at the latest.
The customer obligates themselves to use the e-books only for their own purposes and to deny third parties special access to them, either with or without remuneration. Resale is also forbidden on account of the copyright directive (LG Bielefeld, Urt. V. 05.03.2013, Az. 4 O 191/11).
The customer is prohibited from changing copyright notices, indicators / trademarks and / or titles of property in the e-books.
The e-books are regularly revised and updated with the expected diligence. Despite all due diligence in revising and updating e-books, it must be noted that changes in legislation or changes in jurisdiction may require modification of the e-books.
If the customer downloads content, applications etc. from an e-book and stores these at least temporarily, a timely use of the retrieved data in the current version is essential. The selection and use of e-books is the sole responsibility of the customer.
Ugarit-Verlag is only liable for damage caused by the e-books to other software or media / data-processing systems belonging to the customer if the damage is typically arising or foreseeable, and if the defect in the e-books responsible for the damage was caused by a legal representative or agent of Ugarit-Verlag either intentionally or through gross negligence. Legal claims to remedying the defect and to subsequent delivery – but not to compensation for damage – remain unaffected by this provision. Further claims of the customer, particularly regarding loss of profits or consequential damage, are excluded.
To protect their systems, the customer is obligated to secure data at appropriate intervals. In case of justifiable loss of data, Ugarit-Verlag is only liable for the costs normally required for recovery.
Ugarit-Verlag endeavors to enable permanent access to e-books, that is, 24 hours a day, 365 days a year. Availability of e-books free of interruption is expressly not guaranteed. In particular, access can be temporarily limited for technical reasons, including required maintenance and repair work.
All personal information provided by the customer [such as title, name, address, date of birth, e-mail address, telephone and fax number, bank account, credit card number] will be collected, processed and stored by Ugarit-Verlag exclusively in accordance with the provisions of German data protection laws.
Ugarit-Verlag uses the customer’s personal data exclusively for purposes pertaining to their order, such as for information regarding order and / or delivery status and internal customer analysis. Personal data will be treated with utmost confidentiality and disclosed to third parties only in the context of delivery and payment.
The customer explicitly consents to the collecting, processing and use of data obtained in connection with the business relationship. The customer retains the right of access and the right of rectification, blocking and deletion pertaining to their stored data.
10. Final Provision
German law applies excluding the UN sales law.
The exclusive place of jurisdiction for all disputes arising from the contractual relationship is the court competent for our headquarters in Münster, Germany.