General Terms and Conditions (GTCs)

DE


General Terms and Conditions for legal transactions of Ernst Klett Sprachen GmbH, Rotebühlstraße 77, 70178 Stuttgart

 

I. General Information

1. The following General Terms and Conditions (hereinafter referred to as: GTC) in the valid version current at the time of conclusion of the contract apply to all contacts entered into between Ernst Klett Sprachen GmbH (hereinafter referred to as: Publisher) and the customer (hereinafter referred to as: Customer) in relation to the delivery of goods (for e.g. books, CDs, DVDs) or the delivery of digital content via the Online Shop www.klett-sprachen.de (hereinafter referred to as: Online Shop). Digital content is content which is offered online and not on a physical data medium (for e.g. licenses, downloads, MP3 files).

2. For businesses, the GTCs of Stuttgarter Verlagskontor SVK GmbH apply.

3. General terms and conditions of the customer will not apply, even if we do not specifically object to their application. Deviating terms and conditions will only apply if they are acknowledged by us in writing.

4. The Publisher reserves the right to make changes to these GTCs at any time, without stating reasons.

5. In the case of software delivery (regardless of the storage medium) and digital content, the special provisions under III. “Terms and Conditions of Use and Licensing for digital content and software” apply.


 

II. Ordering, Conclusion of Contract, Delivery

1.1 The product range presented at www.klett-sprachen.de does not constitute an offer to conclude a contract, but serves only as a non-binding invitation for the Customer to submit an order.

 

1.2 By clicking on the „Order“ button, the Customer submits a binding declaration to the Publisher of the intent to purchase the contects of their basket. In the basket, the Customer can also check his or her product selection and other information for errors and correct these if necessary. By clicking on „Buy now“, the Customer submits a binding offer to purchase the products in the basket.

1.3 Immediately after the order is placed in the Online Shop, the Publisher will send the Customer an automatic confirmation of receipt at the e-mail address specified by him or her. This automatic confirmation of receipt does not constitute an acceptance of the offer by the Customer but merely documents that his or her order has been received.

1.4 The contract does not become effective until the goods are received by the Customer or by a third party appointed by him or her, who is not a carrier. The Customer then receives a confirmation of the contract containing the contractual content. In the case of the purchase of digital content which is offered online and not on a physical data medium, the contract becomes effective as soon as the Publisher makes the product ordered available as a download, activates the service or sends the activation code.

1.5 If the Publisher refrains from declaring acceptance, for instance because delivery of the products the Customer has ordered is not possible, no contract becomes effective in this case. The Customer will be informed of this immediately and will be immediately reimbursed should the Publisher have already received payment.

1.6 The Publisher offers teaching staff within the Germany, Austria and Switzerland product packages within limited time special offers indicated by the order number starting with “X”. The Customer must prove to the Publisher that he or she is entitled to acquire these special package offers by way of a school stamp. Each Customer may order only one copy of a special package offer.

1.7 The Publisher also offers so-called teacher’s inspection copies, which teachers can use to consider possible introduction into lessons and to look through, with the option to return within 3 months and with a discount of a maximum of 20 % (in the case of orders from Austria, the discount is a maximum of 5 %, in the case of orders from Switzerland, the discount is a maximum of 25 %). However the order can be carried out only if the Customer sends proof to the Publisher that he or she is entitled to order these teacher’s inspection copies by e-mail to kundenservice klett-sprachen.de.

1.8 The contract is concluded exclusively in German. The contractual language is German without exception.

 

2.1 As a consumer within § 13 of the German Civil Code (BGB), you are entitled to the following right of revocation:

Revocation Instruction

Right of Revocation

You have the right to revoke this contract within 14 days without giving reasons.

The cancellation period is 14 days from the day:

  • on which you or a third party appointed by you, who is not the carrier, took the last goods or last consignment into your/its possession.
  • of the conclusion of contract of the delivery of digital content, which is not delivered on a physical data medium.

 

To exercise your right of revocation, you must make a clear declaration (e.g., a letter sent by post, a fax or an e-mail) of your decision to revoke this contract, to:

Ernst Klett Sprachen GmbH
Rotebühlstraße 77
70178 Stuttgart

Tel.:* 07 11 / 66 72 15 55
Fax:* 07 11 / 66 72 20 65

E-mail: kundenservice klett-sprachen.de

* Your phone provider's standard phone charges will apply.

You may, but are not obliged to, use the attached template form for this purpose. To comply with the terms of the revocation period, it is sufficient to send your notice of exercising your right of revocation before the revocation period expires.

Consequences of revocation

If you revoke this contract, we are required to reimburse all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from your decision to choose another method of delivery other than the most economical standard delivery offered by us), immediately and no later than 14 days from the date on which we receive your notice of revocation of this contract. We will use the same means of payment for this refund as the one used by you in your original transaction, unless we have expressly agreed another means with you. Under no circumstances will fees be charged to you because of this refund.

We are entitled to withhold payment of this refund until we have received the goods returned by you or until you have provided evidence that you have returned the goods, whichever event occurs sooner.

You must return or hand back the goods immediately, and in any case no later than 14 days from the date on which you notified us of your revocation of this contract, to the following addresses:

For deliveries to Germany, Austria and all other countires (except Switzerland) in case of direct orders from the publisher:

Ernst Klett Sprachen GmbH
Remittendenstelle
Im Riebeisen 33
71404 Korb
Germany

For Switzerland please contact:

Balmer Bücherdienst AG
Kobiboden
8840 Einsiedeln
Switzerland

For other countries, please send back to the bookseller from which you purchased the Publisher’s products.

The notice period is considered complied with if you dispatch the goods prior to the period of 14 days expiring.

You are responsible for the direct costs of returning the goods.

You will have to pay for any loss in value of the goods only if caused by handling the goods in a manner other than that required in order to check their composition, properties or functionality.

End of Revocation Instruction

 

2.2 The right to cancel does not apply to the following contracts:
- the delivery of goods that are not prefabricated and for which production is determined decisively by the customer’s individual choice or provisions or which are clearly tailored to the personal needs of the customer.
- for the delivery of copymasters, audio or video recordings (e.g. CDs, video cassettes, DVDs) or software in sealed packaging, if the seal has been removed after delivery.

 

2.3 The right of revocation is not valid in the case of delivery of digital content which is not on a physical data medium (for e.g. PDF files, MP3 files), if we have already started to execute the contract after you:

- have expressly consented to us executing the contract before the expiry of the cancellation period and

- you have confirmed your knowledge that by consenting to the execution of the contract, your right of revocation becomes null and void.

 

3.1 The Publisher will deliver all available products directly to the delivery address stated by the Customer. Dispatch to so-called “pack stations” is not possible.

3.2 In the case of orders placed via the Online shop from Switzerland and Liechtenstein, delivery is carried out by local distribution partners. In this case, the Customer concludes the contract not with the Publisher, rather with the local distribution partner. For more detailed information, please visit Information for orders from abroad.

3.3 Provided no differing terms have been agreed to and the goods are available, delivery will be made within 3 to 10 working days of order receipt at the latest or (in the event of advance payment) after a payment order is issued to the transferring bank.

3.4 The availability of the goods is displayed to the Customer in the Online Shop. An order is possible only if the goods are displayed as being available in the Online Shop.

3.5. In the case of orders containing multiple articles, the Publisher has the right to make partial deliveries. Subsequent deliveries in this case are free of charge.

3.6 Delivery of the goods ordered is generally carried out by the Stuttgarter Verlagskontor GmbH company – except for deliveries in Switzerland via Balmer Bücherdienst and other countries where we have local partners (complete list see here).

 

4.1 Applicable prices are those that are in effect at the time of ordering.

4.2 If the Customer is a consumer as defined by § 13 BGB, the end prices stated in the Online Shop, in the case of deliveries within the Federal Republic of Germany or Member States of the European Union, include the amount of VAT applicable in each case. If the Customer is a business within § 14 BGB, the euro prices for deliveries to other countries are higher due to the VAT difference. These euro prices are shown in the invoice.

4.3 For deliveries to other countries outside of Europe, the final prices specified in the Online Shop are net; i.e. exclusive of VAT. The Customer is responsible for the orderly payment of (sales) taxes or customs duties that may be incurred in other countries outside of Europe.

4.4 The Publisher charges a flat fee for postage and packing of EUR 2.50 per order for delivery within Germany and to Austria for orders in the Online Shop. If the order value exceeds EUR 50.00, the Publisher delivers orders from the Online Shop with free of charge. In the case of orders received by other means than via the Online Shop, for e.g. by post, telephone, fax or e-mail, the Publisher charges a flat fee of EUR 4.45.

Please note for reserved products: For technical reasons, no shipping costs can be displayed for reserved products. As soon as the order is delivered, subsequent shipping costs may however be incurred.

4.5 In the case of deliveries to Switzerland, the flat fee for postage and packing is CHF 7.00 per order. If the order value exceeds CHF 60.00, the Publisher delivers orders free of charge. Subsequent deliveries resulting from partial deliveries are free of charge in these cases too.

4.6 In the case of deliveries outside of Germany, Austria and Switzerland, the shipping costs are calculated based on the destination country and weight of the order according to the following chart:
 

Destination country Weight: < 4 kg Weight: > 4 kg
Europe (excluding Germany, Switzerland, Austria) 8.- EUR 14.- EUR
Countries outside Europe 13.50 EUR 19.50 EUR

 

In the case of orders in the Online Shop, the shipping costs are displayed in the shopping basket before the purchase process is completed and before the purchase contract becomes effective. We reserve the right to deliver against an advance invoice. You will receive the invoice in advance and we will deliver as soon as we receive your payment.

4.7 The Customer has to bear any applicable customs and similar duties. (See 4.3)

4.8 In the case of orders within II 3.2, differing prices, delivery and payment conditions apply: for more detailed information, please visit Information for orders from abroad.

 

5.1 The Customer may pay the invoice amount via bank transfer, credit card or third-party payment services, provided the details required for this were saved by the Customer upon contract conclusion. Payment by invoice is not possible when ordering digital content. You can access the accepted means of payment at any time at www.klett-sprachen.de/zahlungsmittel.

5.2 The Publisher reserves the right to demand advance payment in individual cases. This applies, for example, if the Customer is in arrears with prior invoices or the order value of all invoices still open on the part of the Customer exceeds EUR 150.00.

5.3 Invoice amounts are due to be paid immediately without deduction when received by the Customer.

5.4 Invoices are raised in euro only. Exception: Invoices for deliveries to Switzerland are raised in CHF.

5.5 In the case of payment arrears, the Publisher is entitled to claim statutory default interest for late payment. In the case that the Publisher can demonstrate greater damages caused by arrears, the Publisher will be entitled to claim for those damages.

5.6 The Customer is entitled to offset only if his or her counter claims are judicially binding or uncontested or have been recognised by the Publisher in writing.

5.7 The Customer may exercise a right of retention only if the claims result from the same contractual relationship.

 

The Publisher reserves ownership of the goods delivered by the Publisher until the purchase price has been paid in full. Ownership of the goods is not transferred to the Customer until the purchase price has been paid in full.

 

7.1 Products available only to teaching staff and requiring presentation of a school stamp must not be passed on by the Customer to a third party gratuitously or non-gratuitously until three years have passed after receipt of the products.

7.2 The Customer undertakes to inform the third party accordingly about the scope of the rights of use.

 

8.1 Unless otherwise agreed below, the Publisher is liable for material defects and defects of title according to the pertaining legal stipulations, in particular §§ 434 and following of the German Civil Code (BGB). The period of limitation for statutory claims for defects is two years. The warranty obligation is 12 months for goods delivered by the Publisher to businesses. The period of limitation begins with the delivery of the goods.

8.2 The Publisher assumes liability for slight negligence in the case of a breach of essential duties only, i.e. of obligations, the fulfilment of which makes proper execution of the contract possible in the first place and the observance of which the Customer regularly trusts and is entitled to expect. In the case of a breach of such duties, the liability of the Publisher is limited to such damages as are typical and predictable. Any liability for slight negligence is otherwise excluded. The above limitations of liability do not apply to damages that arise from a breach of warranty or from injuries to life, limb or health; or intent or gross negligence.

8.3 For digital content and software provided free of charge (e.g. all additional content made available free of charge on the Klett Sprachen website, etc. or additional digital offers such as online exercises or content in third-party software such as Kahoot, Quizlet, etc.), the publisher is liable for defective material and deficiencies in title, regardless of the legal reason, only in so far as the publisher has fraudulently concealed the material defects or deficiencies in title. In all other respects, due to the provision of digital content and software free of charge, the publisher is only liable for such damage that is incurred as a result of willful or grossly negligent misconduct or in the case of culpably caused damages resulting from injury to life, limb or health. Claims under the Product Liability Act remain unaffected.

8.4 The Publisher does not assume any warranty or liability for the permanent electronic availability of digital content as, due to tehnical requirements, restrictions may be imposed. Disruptions in the quality of access to the Internet and data transmission due to forces of nature or events not foreseeable by the Publisher which impede or make impossible the delivery and performance do not give cause for a claim for damages for reasons of unavailability.

8.5 The Publisher reserves the right to change, update or modify digital content at any time without giving notice. In this case no claims can be made against the Publisher. The Customer bears the risk of loss after purchase as well as loss of digital content including losses due to computer or hard disk failure. The Publisher is in no way responsible in the case of damage or loss caused to the Customer due to the transmission, storage and use of digital content of any kind.

8.6 In connection with the purchase of books - as a free additional service without legal entitlement - media content is made available via the "Klett Augmented" app in accordance with the respective offer. The content of the "Klett Augmented" offer is a free service on a permanent basis - and is not part of a physical product (until revoked by Ernst Klett Sprachen GmbH); permanent availabilty cannot be guaranteed. Permanent storage (i.e. beyond the storage in the main memory of the app) duplication, passing on or public or extracurricular presentation of the content is not permitted.

8.7 The stipulations of the German Product Liability Act remain unaffected.

 

III. Terms and Conditions of Use and Licensing for digital content and software

These licence conditions apply as a supplement to the GTCs for ordering, conclusion of contract and delivery (see II.) Insofar as this contractual content refers to digital content or software (regardless of storage medium), the stipulations in this section supersede the general regulations in the preceding sections concerning the same regulatory content.

2.1 Single licence

The single licence authorises the use of temporary Klett content or temporary software within the personal account at a third party service provider (edTechPartner of Ernst Klett Sprachen GmbH).

With ebooks, use on standard eReaders is also possible.

The licence duration in the case of licences for individual users begins when the individual user activates it. The single licence authorises the user to use (and, if necessary, install) software, for e.g. a digital teaching package, on the computer at home or at school for the duration of the licence. Digital licences limit the number of computers on which the software can be used to 5. The issue of networking of computers is irrelevant.


2.2 Collective licence

The same terms apply for the collective licence as for the single licence, the difference being that the licence code is valid for the purchased number of users.


2.3 Faculty licence for digital Klett-Sprachen teacher material (not including products from other publishers sold by us)

The same terms apply for the faculty licence as for the single licence, the difference being that the faculty licence comes into being for teaching staff at one institution when purchasing at least 5 licence codes of the same digital lesson package (teaching software) with an identical NP order number. Each further teacher, up to a maximum of 20 licences, will only receive their licence code under the condition they provide the invoice number (of the minimum purchase described above) to customer services at Ernst Klett Sprachen GmbH:

kundenservice klett-sprachen.de, Tel.: 0711 / 66 72 15 5


2.4 Test licence

The same terms apply for the test licence as for the single licence, the difference being that the test licence is only valid as a sample for 1 month.
 

2.5 Licenses in combination with a physical product

a) Digital licenses in a physical media bundle: A media bundle consists of the printed book and the matching or supplementary digital element. The license code needed to activate the digital element can be found in the book. In terms of usage this product is treated as a single license.
b) Digital licenses in a virtual media bundle: A virtual media bundle – as far as possible and available - is put together at the customer's request and also consists of the printed book and the corresponding or supplementary digital element. This digital license qualifies for a discount only as part of the media bundle and is also treated as a single license in terms of usage. If the customer makes use of the right to cancel (see Section II. 2. General Terms and Conditions), access to the digital service will also be blocked after the book has been returned.

 

3.1 With the delivery, the Customer acquires the right to use the digital content or software supplied to him or her as stipulated in the contract for the duration of the agreed license period as specified on the order confirmation. The Customer undertakes to use the digital contenet or software only for his or her own purposes and not to pass it on to third parties either gratuitously or non-gratuitously. The digital content or software may be used only by one person per licence, however not simultaneously on two or more computers by different persons at the same time.

3.2 The Customer has the right to install, download and use the digital content or software on a hard drive, and where appropriate to make a back-up copy of the received data carrier; the back-up copy however must not be used simultaneously with the original version.

3.3 The Customer is not authorised to create copies of the digital content or software if these copies are not for data back-up purposes and are also used for these purposes only. Moreover, the Customer must not reproduce the components of the digital content, such as supplied images, manuals, accompanying texts as well as the documentation belonging to the software by way of photocopying or microfilming, electronic back-up or other procedures; distribute, market, rent the software and/or the associated documentation; grant third parties sub-licences to this or make this available to third parties in another manner or make them publicly available.

3.4 The Customer is not entitled to pass on to third parties access data and/or passwords for the product and/or for goods in the context of the product. The Customer is not authorised to change, modify, adjust or decompile the software and/or associated documentation in whole or in part, insofar as this extends beyond the limits of §§ 69d Para. 3, 69e German Copyright Act. It is prohibited also for the Customer to alter copyright notices, characteristics/trademarks and/or property notices of the issuer relating to programs or documentation material. The Customer does not have the right to edit or re-arrange the work.

3.5 The content found in the feature „Look inside“ is for demonstration purposes only, unless otherwise stated. Permanent storage, reproduction, transmission or presentation of the content in public or in schools is therefore strictly prohibited.


IV. Settlement of disputes


1. We at Ernst Klett Sprachen GmbH do our best to reach a good understanding with our customers. However, should there still be any problems, please be so kind as to get in touch with customer services: by phone +49 7 11 66 72 15 55 or via kundenservice klett-sprachen.de. This does not affect your statutory rights. You are not obliged to contact customer services.

2. An internet platform for online dispute resolution is offered by the European Commission: www.ec.europa.eu/consumers/odr. This platform can be used to reach an out-of-court settlement.

3. Ernst Klett Sprachen GmbH does not participate in dispute resolution proceedings before a consumer arbitration board. Participation in any settlement of dispute at a consumer arbitration board is not obligatory.

 

V. Concluding Provisions 
 

The law of the Federal Republic of Germany is used for contracts between the Publisher and you with the exclusion of UN Sales Law (CISG - Convention on the International Sale of Goods). If you are a consumer, and your main residence is in an EU country other than Germany, and you have no address in the Federal Republic of Germany, the mandatory consumer protection rules of the EU country of your main residence still apply.

 

August 2020

Service

Tel.: 0711 / 66 72 15 55

Unsere Servicezeiten:
Mo. bis Fr. 8.00 - 20.00 Uhr
Sa. 8.00 - 16.00 Uhr
Zahlung & Versandkosten

Die Zahlung erfolgt per Rechnung oder mit folgenden Karten:

Alle Preise verstehen sich inklusive Mehrwertsteuer und zuzüglich Versandkosten.
Lieferung innerhalb von 3 bis 10 Werktagen.

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