Correct as at: 23 July 2014
§ 1 Scope
These General Terms and Conditions of Business (Conditions) apply in their latest version to all business relationships between ATEC Business Information GmbH (ATEC) and the client (whether consumer or a businessman) valid at the time the order is placed (registration and / or ordering of products)
A consumer is anybody who is not a businessman. A businessman is a natural or legal person or a legally capable unincorporated firm carrying out its / his commercial or freelance professional activities when concluding a commercial transaction (Paragraph 14 Section 1 of the German Civil Code, [BGB]).
§ 2 Conditions of the Contract
The contract is valid when the order issued via email or any other way, e.g. through the supply of goods, by the client has been confirmed by ATEC. All offers and prices are non-binding and subject to change without notice until the order has been confirmed by ATEC.
The annual and student subscriptions for RECYCLING magazin consist of 24 issues and are of one year’s duration. The subscriptions will be renewed automatically for a further year if not terminated in writing eight weeks at the latest before expiry of the subscription period. The half-year subscription consists of 12 issues and will be renewed automatically for a further year if not terminated in writing eight weeks before expiry of the subscription period. The mini-subscription consists of four issues. If the mini-subscription is not cancelled within 10 days after the third issue has been received, it will automatically become an annual subscription. In the case of such extension this subscription will be governed by the conditions applying to the above-mentioned conditions for an annual subscription.
Subscribers can also acquire new subscribers for the annual subscription. A subscriber who acquires a new subscriber will receive a small prize, which may or may not be subject to a small extra payment. The prize will be sent after the first subscription and any extra payment for the prize respectively have been received. The prize will be sent as long as stocks last. In addition, the prize will only be given if the new subscriber and the recipient of the prize are not identical and the new subscriber has not subscribed to RECYCLING magazin for the six months preceding this new subscription. Discounted subscriptions such as student subscriptions are not eligible to participate in the “Subscribers Acquire New Subscribers” scheme. Notice of termination or cancellation respectively of the subscription should be sent to: vertriebsunion meynen Gmbh & Co. KG, Abonnementservice / Subscriber Services, 65341 Eltville, in Germany.
The timeliness of the termination notice or cancellation notice respectively will be determined by the receipt of the termination notice or cancellation notice respectively by ATEC or vertriebsunion meynen Gmbh & Co. KG. respectively
§ 3 Prices and Shipping Costs
All prices shown here are end-prices and contain all components of the price and the applicable Turnover Tax (Value Added Tax) for Germany. For other Countries Tax is not included. Shipping costs will also be charged. The shipping costs within Germany for magazines will be EUR 4.00. Shipping costs for magazines abroad are EUR 5.00 but SFR 9.00 to Switzerland).
§ 4 Right of Cancellation
ATEC guarantees the customer in his capacity as consumer all cancellation rights guaranteed by the German Civil Code (BGB) as follows: Magazine subscriptions cannot be cancelled if the annual subscription is less than EUR 200.00. Neither is there any right of cancellation for orders of single magazines.
§ 5 Payment, Arrears and Reserved Ownership
The cost of orders is due for payment immediately on delivery or on receipt of the invoice. In the case of arrears of payment the customer is liable to pay at least 12 percent interest on arrears. In this case ATEC is entitled to provide services in successive instalments. The goods supplied to the customer remain the property of ATEC until all claims against the customer are completely satisfied.
§ 6 Guarantee
In a calendar year ATEC guarantees the 95 % availability of the website www.recyclingmagazin.de. Neither does ATEC make any guarantee or claim as to the inherent nature of the goods to be supplied. In cases of physical fault, ATEC assumes liability for the goods as prescribed by law providing nothing else is agreed as
Obvious faults to the goods, i.e., faults visible with no particular effort, must be objected to by the customer to ATEC immediately on delivery, i.e., within two weeks of receipt at the latest, with information in writing on the fault. A later claim due to obvious faults by the customer will not be accepted by ATEC. Claims for concealed faults by customers who are businessmen will not be accepted after one year following receipt of the goods.
§ 7 Offsetting and Retention on the Part of the Customer
The customer can only offset claims against ATEC with undisputed or legally established claims. The customer only has the right of retention against the contractor arising from claims by an individual, specific contractual relationship which are an integral part of these conditions.
§ 8 Data Protection
The supply of the customer’s personal information is made voluntarily. The customer expressly consents to the collection, processing, storing and use of information concerning his person. The personal information transmitted in the course of registration will be stored, processed and used in machinereadable form exclusively for the purpose of fulfilling each respective contract insofar as the customer has not given any further consent.
The personal information will be stored under the terms of the German Data Protection Law and the Electronic Telecommunication Services Data Protection Law. The customer is entitled to withdraw this consent at any time with effect for the future. In such cases ATEC undertakes to erase the personal details immediately, unless an order has not been completely processed or if such erasure is contrary to legal or tax reasons or other storage obligations.
§ 9 Liability on the Part of ATEC Business Information
ATEC accepts no liability for breaches of duty constituting minor negligence providing these breaches of duty affect no duties essential to a contract, human life, human health, the human body or claims against the Product Liability Law. This applies equally to breaches of duty by ATEC’s agents.
In addition, ATEC accepts no liability – as provided in Paragraph 1 – for any disadvantage caused to the customer by reason of temporary inability to access the website or parts thereof or for similar technical reasons. In particular, ATEC accepts no liability – as provided in Paragraph 1 – for system-related failures, interruptions and / or interruptions to the transmission of data or for the failure to adhere to ATEC’s – definitive – instructions for use of their service.
§ 10 The Liability of the Customer
The customer is responsible for keeping his password secret and the use of his password himself. In particular, the customer is obliged to store his password with particular care and to prevent third parties from gaining knowledge of it.
The customer alone is responsible for the unauthorised use of his user name and / or his password. The customer releases ATEC from all liability in the case of the unauthorised use of the customer’s user name and / or his password.
The customer is obliged to inform ATEC immediately if there is reason to suppose that the user name and / or his password have been used without his permission.
§ 11 Alterations and Modifications
ATEC may alter the conditions of use for its internet site and its mail-order services at any time. ATEC will announce any such alteration by means of a notice on its website. The customer consents to the altered conditions by placing an order with ATEC or making any other use of ATEC’s services after the publication of such a notice of the alteration. With the publication of an altered version of these General Terms and Conditions of Business the previous versions become invalid.
§ 12 Place of Performance, Applicable Law and Local Legal Venue
In transactions between ATEC and any customer who is a businessman, the exclusive place of performance and legal venue for all claims is – to the extent that this is permissible – Munich (the District Court of Munich I). This contract is governed exclusively by the laws of the Federal Republic of Germany. UN Purchasing law does not apply.
§ 13 Saving Clause
If individual provisions of these General Terms and Conditions of Business are or become ineffective and / or null and void, the validity of the other Conditions remains unaffected. Conditions that are ineffective and / or null and void shall be replaced in a manner that approaches their intended commercial purpose. This applies equally to the filling of gaps in the General Terms and Conditions of Business.
ATEC Business Information GmbH
Legal Representative: Karin Lang, Christof Wahl
VAT ID No.: DE 260118554