Data protection and T&Cs from Design Magazine

Conditions

Verlag form GmbH & Co.KG
General Terms and Conditions

§ 1 General Provisions

The contract is concluded with the provider specified in the imprint (hereinafter referred to as "the Publisher"). The following terms and conditions apply to all contracts concluded between the Publisher and the respective buyer and are expressly acknowledged upon ordering via the website www.form.de. A consumer, within the meaning of the following provisions, is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or independent professional activity. The contract language is exclusively German.

§ 2 Prices, Shipping Costs

For online orders, only the fixed EURO prices for the Federal Republic of Germany at the time of the order apply. These prices include the respective statutory value-added tax. This applies to all products (print + digital).
Only in the case of cross-border deliveries may additional taxes and/or duties (e.g. customs duties) be payable by the buyer in individual cases, but not to the Publisher, but to the responsible customs or tax authorities there.

SHIPPING COSTS according to § 5, see overview table

We generally ship uninsured via Deutsche Post using book mail, banded newspaper, or international press and book services. For packages weighing over one kilogram, we ship via DPD, Hermes (Germany and EU countries), or Deutsche Post (non-EU countries). For subscriptions, no additional shipping costs apply.

§ 3 Conclusion of Contract, Right of Withdrawal

The purchase contract is concluded when the buyer submits the electronic order form by clicking, thereby making an offer to conclude a purchase contract to the Publisher, which the Publisher accepts by sending the goods. The buyer receives an order confirmation by e-mail. Ordered but not yet deliverable goods will be reserved. PDF editions, software, e-books, apps, and audio files are available to the customer for data download via a download link after the acquisition of the right of use.
The buyer is entitled to withdraw from the purchase contract within 14 days of receiving the shipment of goods. To exercise the right of withdrawal in due time, it is sufficient to send the withdrawal to the Publisher by fax, letter, or e-mail to our publishing house in due time.

§ 3.1 Right of Withdrawal for Consumers

If the customer orders magazines or books on the Verlag form website for a purpose that can be attributed neither to his commercial nor professional purpose, he, as a consumer within the meaning of § 13 BGB, has the following right of withdrawal.

A. Right of Withdrawal Policy for the Order of Print Products

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us – Verlag form GmbH & Co.KG, Sophienstraße 26, 60487 Frankfurt am Main, Tel.: +49 69153269430, E-Mail: form@form.de – by means of a clear statement (e.g. a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract.

To exercise your right of withdrawal, you must inform us – Verlag form GmbH & Co.KG, Sophienstraße 26, 60487 Frankfurt am Main, Tel.: +49 69153269430, E-Mail: form@form.de – by means of a clear statement (e.g. a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.

Special Notes:
Please note that the right of withdrawal in accordance with Section 356 (5) of the German Civil Code (BGB) for a contract concerning the supply of digital content not on a tangible medium expires if the entrepreneur has begun the performance of the contract after the consumer has (1) expressly agreed that the entrepreneur begins the performance of the contract before the expiry of the withdrawal period, and (2) has confirmed their knowledge that they lose their right of withdrawal by their consent when the performance of the contract begins.

If, during the ordering process, you have expressly agreed that we commence the performance of the contract before the expiry of the fourteen-day withdrawal period, and you have confirmed that you are aware that by giving this consent, you lose your right of withdrawal upon commencement of the performance of the contract, your right of withdrawal for the order of digital content expires upon commencement of the contract performance.

- End of the Right of Withdrawal Policy for the Order of Digital Content –

§ 4 Subscription Terms

A subscription includes 2, 4 or 8 issues. The subscription automatically renews for another year unless it is cancelled within 14 days of receipt of the last issue of the current period.

Discount
For students, first-semester students, and job seekers, we offer a discount upon presentation of a valid certificate (within 14 days, otherwise the normal price will be charged). This certificate must be regularly updated without request to maintain the discount status. Discounts are only available directly from the publisher.

Right of Withdrawal
Orders can be cancelled within 14 days.

Relocation/Change of Address
Please notify the publisher immediately of any change of address, as postal items are unfortunately excluded from the post office's forwarding service. Undeliverable issues are shredded by the post office.

Price
The price list valid at the time of contract conclusion applies. Prices include the applicable statutory value-added tax. No additional shipping costs apply to the subscription price. We only deliver international orders against advance payment.

Adjustment of the Subscription Price
Verlag form is entitled to adjust the subscription price. In the event of price increases of more than 10%, the customer has an extraordinary right of termination at the time of their effectiveness. The termination must be received by Verlag form within one month of notification of the price increase in the issue.

§ 5 Delivery / Shipping Costs

Delivery is subject to shipping costs to all postal addresses in the Federal Republic of Germany and abroad; for subscriptions, shipping costs are included in the subscription price. The amount of shipping costs depends on the weight of the shipment and the destination or country. The individual price levels can be found in the overview table and are listed in the shopping cart summary during the shop order process. Express or airmail deliveries to all postal addresses are possible upon request and generally at the recipient's expense. Please note that additional shipping costs may apply for deliveries to domestic and international islands. Additional taxes and customs duties for international deliveries are borne by the buyer. The Publisher is entitled to make partial deliveries. Subsequent deliveries are in any case free of shipping costs. The Publisher reserves the right to deliver domestically or internationally only against advance payment if necessary.

Ordered goods will be shipped as quickly as possible, at the latest within five working days from the time of order. Postal delivery times are usually 2-5 working days within the Federal Republic of Germany, 1-2 weeks within Europe, and approximately 6-8 weeks outside Europe.

Should events occur that significantly impede delivery for the publisher, the delivery period may be extended by a reasonable amount.

§ 6 Due Date, Payment, Retention of Title

The purchase price is due within 14 days and payable without deduction. Payments can be made by bank transfer, PayPal, or direct debit. The seller retains ownership of the goods until full payment of the purchase price.

In the event of a breach of a contractual obligation by the customer, in particular in the event of default in payment by the customer, incorrect information provided by the customer regarding their creditworthiness, or if court settlement proceedings or insolvency proceedings are opened concerning the buyer's assets, the seller is entitled, in accordance with §§ 323, 324 BGB, to withdraw from the contract and demand the return of the goods, provided that the customer has not yet or not fully rendered the consideration; the seller is particularly entitled to withdraw from the contract without setting a deadline if court settlement proceedings or insolvency proceedings are opened concerning the customer's assets. Any claims for damages by the seller remain unaffected by this.

In the event of default in payment, we are entitled to charge default interest at a rate of 5% above the respective base interest rate announced by the Deutsche Bundesbank. The assertion of further damages caused by delay remains unaffected.

The publisher does not grant the customer ownership of e-books, PDF files, and audio files. The customer acquires a simple, non-transferable right to use the offered title for personal use, which can be revoked prior to full payment of the license fee. The content of an e-book, PDF, and/or an app or audio file may not be altered by the customer, neither in content nor editorially, subject to mandatory legal regulations to the contrary.

§ 7 Right of Retention, Set-off

The buyer can only exercise a right of retention if his counterclaim is based on the same contractual relationship. The customer is only entitled to a right of set-off if his counterclaims have been legally established, are undisputed, or have been acknowledged by the publisher.

§ 8 Statutory Warranty Rights

In principle, the statutory provisions apply.
If there is a defect in the purchased item for which the publisher is responsible, the publisher is entitled, at its discretion, to remedy the defect or to provide a replacement delivery. Should the remedy of the defect or the replacement delivery fail, the buyer is entitled to withdraw from the purchase contract or to demand a reduction in price. Unordered or defective goods must be returned by the buyer – ideally after telephone or written consultation with the publisher – to the publisher immediately, stating the exact designation of the goods and the type of defect; a copy of the invoice must be enclosed. The costs for returning unordered or defective goods will be reimbursed to the buyer in any case, however, freight collect shipments will not be accepted by the publisher. The publisher is only liable for intent and gross negligence.

§ 9 Applicable Law and Place of Jurisdiction

If the buyer is a merchant, the following provisions apply: German law applies to all legal relations between the buyer and the publisher, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event of any resale, the buyer must observe the German price-fixing regulations. The publisher is entitled to sue at its choice at the court of its registered office or at the general place of jurisdiction of the buyer.

§ 10 Severability Clause

Should individual provisions of the contract, including these regulations, be wholly or partially ineffective, or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The respective statutory provisions shall take the place of the ineffective or missing provisions.