General Terms and Conditions of Business

1. Scope

The business relationship between Nomos Verlagsgesellschaft mbH & Co KG (hereinafter referred to as “the Publisher”) and the client relating to nomos-shop.de is governed exclusively by these General Terms & Conditions in the applicable version at the time of the client's order. Conflicting, diverging or supplementary General Terms & Conditions from the client shall not become part of the contract unless the Publisher specifically consents to their validity.

2. Special terms & conditions for specific products

nomos-shop.de is a platform offering the Publisher's entire portfolio. In addition to these GTC, special terms of use from the respective suppliers may apply to individual products.  If applicable, they are available on the product page under the relevant product information.

3. Conclusion of contract

The products presented in nomos-shop.de are not a legally binding offer from the Publisher, but a non-binding online catalogue. The client can select products and add them to the shopping basket. By clicking the “buy now” button, the client places a binding order for their chosen products. The client can view and change the information at any time before placing the order. However, the order can only be placed once the client has accepted these contractual conditions by ticking the check box alongside the text “I accept the General Terms and Conditions (GTC)”. Confirmation of receipt of the order is sent by automated e-mail immediately after the order is received and does not constitute contractual acceptance by the Publisher. The contract is only concluded when the Publisher has accepted the client’s offer by sending a separate order confirmation by e-mail or by sending the product ordered. Acceptance can take place within three days following receipt of the offer.

4. Right of revocation for contracts for the delivery of goods

4.1 Consumers have a fourteen-day right of revocation.

REVOCATION POLICY

Right of revocation
You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days from the day on which you or a designated third party who is not the consignor,

1.      Have taken possession of the goods, provided that you have ordered one or more items as part of a single order and they are delivered together;

Have taken possession of the last item, provided that you have ordered several items as part of a single order and they are delivered separately;
Have taken possession of the last partial delivery or last part, provided that you have ordered goods that are sent in several partial deliveries or parts;
Have taken possession of the first item, provided that the items are delivered as part of an order for regular delivery of goods over a set period of time.
To exercise your right of revocation, you must inform us (Nomos Verlagsgesellschaft mbH & Co. KG, Waldseestr. 3-5, 76530 Baden-Baden, Germany, phone: +49 (0) 7221 2104-222, e-mail: service@nomos.de) of your decision to revoke this contract with an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample revocation form, although this is not compulsory. To meet the revocation deadline, it is sufficient to send notification of exercising your right of revocation before the revocation period expires.

Consequences of revocation

If you revoke this contract, we shall refund you with all your received payments, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery other than the least expensive standard delivery we offer) promptly and at the latest fourteen days from the day on which we are informed of your decision to revoke this contract. The refund is made by the same payment method that you used for the original transaction, unless expressly agreed otherwise. In no case will you be charged any fees for this refund.

We may refuse to refund you until we have received all goods from the revoked contract or until you have provided evidence that you have returned the goods, whichever comes first. You must return or hand over the goods to us (nomos-shop.de, Returns Department, c/o Nördlinger Verlagsauslieferung, Augsburger Str. 67a, 86720 Nördlingen, Germany) promptly and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the fourteen-day period has expired.

We will bear the costs of returning goods within Germany if you send them back with DHL using the DHL Returns label, which you can find online at Online RETURNS - Nomos Verlags-GmbH & Co. KG.
Please enclose a copy of your invoice with your return so we can quickly issue your credit note.

If you do not use the aforementioned DHL return method, you shall bear the direct costs of returning goods.

You must bear the full costs for returns from abroad.

You only pay for any loss in the value of goods if this is due to handling them in a way that is not required for checking their condition, properties and functionality.


4.2 Exclusion of the right of revocation

Unless the parties have agreed otherwise, the right of revocation does not exist with the following contracts:

4.2.1 Contracts for the delivery of goods that are not prefabricated, the manufacture of which is determined by an individual choice or the consumer’s stipulation, or which are clearly tailored to the consumer’s personal requirements;

4.2.2 Contracts for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been removed after delivery;

4.2.3 Contracts for the delivery of goods with loose components, e.g. additional deliveries if the seal has been broken after delivery;

4.2.4 Contracts for the delivery of magazines, with the exception of subscription contracts;

4.2.5 Contracts for the delivery of electronic publications (e-books);

4.2.6 Contracts for the delivery of goods marked with the label “without right of return”.

5. Right of revocation for contracts for the delivery of digital content

Consumers have a fourteen-day right of revocation.

REVOCATION POLICY

Right of revocation
You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days following conclusion of the contract.

To exercise your right of revocation, you must inform us (Nomos Verlagsgesellschaft mbH & Co. KG, Waldseestr. 3-5, 76530 Baden-Baden, Germany, phone: +49 (0) 7221 2104-222, e-mail: service@nomos.de) of your decision to revoke this contract with an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample revocation form, although this is not compulsory. To meet the revocation deadline, it is sufficient to send notification of exercising your right of revocation before the revocation period expires.

E-books
For e-books, the right of revocation expires when the download is complete. By carrying out the download, you waive your right of revocation. In this case, the e-book purchase price will not be refunded.

Consequences of revocation
If you revoke this contract, we shall refund you with all your received payments, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery other than the least expensive standard delivery we offer) promptly and at the latest fourteen days from the day on which we are informed of your decision to revoke this contract. The refund is made by the same payment method that you used for the original transaction, unless expressly agreed otherwise. In no case will you be charged any fees for this refund.

6. Right of revocation for contracts for the provision of services

Consumers have a fourteen-day right of revocation.

REVOCATION POLICY

Right of revocation
You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days following conclusion of the contract.

To exercise your right of revocation, you must inform us (Nomos Verlagsgesellschaft mbH & Co. KG, Waldseestr. 3-5, 76530 Baden-Baden, Germany, phone: +49 (0) 7221 2104-222, e-mail: service@nomos.de) of your decision to revoke this contract with an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample revocation form, although this is not compulsory. To meet the revocation deadline, it is sufficient to send notification of exercising your right of revocation before the revocation period expires.

Consequences of revocation
If you revoke this contract, we shall refund you with all your received payments, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery other than the least expensive standard delivery we offer) promptly and at the latest fourteen days from the day on which we are informed of your decision to revoke this contract. The refund is made by the same payment method that you used for the original transaction, unless expressly agreed otherwise. In no case will you be charged any fees for this refund. If you have requested that services commence during the revocation period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the point in time when you inform us that you will exercise your right of revocation for this contract compared to the full scope of services designated in the contract.

7. Sample revocation form

If you wish to revoke the contract in accordance with the previous sections, you can fill out this form and send it back to us. However, using this form is not obligatory.


To:

Nomos Verlagsgesellschaft mbH & Co. KG
Waldseestr. 3-5
76530 Baden-Baden, Germany
Phone: +49 (0) 7221 2104-222
E-mail: service@nomos.de

Hereby I/we (*) revoke the contract that I/we (*) agreed for purchasing the following goods (*)/the provision of the following service (*):

Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for paper communications):
Date (*):

Remarks:

Delete where applicable.
Mandatory information is marked with an asterisk.

8. Prices, shipping and return costs

8.1 All prices listed in nomos-shop.de are total prices in euros. They include the applicable statutory VAT and other price components. Delivery, shipping or other costs will be charged additionally in accordance with Section 8.2.

8.2 For the dispatch of individual orders of bound books within Germany, Switzerland and Austria, no additional freight, delivery or shipping costs or other costs will be charged regardless of order value. For dispatch to other EU countries (apart from Greece) and [RE1] Switzerland, a flat-rate shipping fee of 8.50 euros per delivery will be charged; for deliveries to Greece and countries outside the EU, a flat-rate shipping fee of 18.00 euros is charged. The client has to pay any customs duties and taxes required under applicable legislation.

8.3 Loose-leaf publication prices include the price of the basic edition and all updates available up to the time of purchase, unless otherwise stated in the product information.

8.4 For loose-leaf publications with an update service, the client is charged the current shipping costs incurred at the time of dispatch.

8.5 For subscriptions, shipping costs are charged for every delivery. Different shipping costs apply for subscription deliveries within Germany and abroad. Shipping costs are listed in nomos-shop.de with the respective products. Subscription administration and the update service are free of charge.

8.6 For fixed-price products, the legally binding prices set by the Publisher are applicable in accordance with the German Fixed Book Price Law. Deviations are not legally permissible. Differing prices due to data supply or entry errors cannot be excluded. In this case, prices according to the German Fixed Book Price Law still apply.

8.7 Our foreign prices [RE2] for end clients (excluding deliveries to EU countries) are the same as the [RE3] gross domestic price for Germany without VAT. The price is not reduced by the applicable VAT.

9. Payment methods, due date

9.1 Within Germany, the delivery of goods and provision of services is carried out up to a goods value of 300 euros in return for payment on account.

9.2 The Publisher reserves the right to only deliver goods with prepayment in individual cases. In this case, the goods will not be delivered until payment of the full invoice amount has been received.

9.3 The invoice amount is due for payment when the client receives the invoice. Payments are to be made without deductions to one of the accounts stated in the invoice.

9.4 The delivery of digital content (especially e-books) via download provision shall only take place following prior payment with a credit card accepted by the publisher, PayPal or SEPA direct debit.

9.5 For payment via payment system providers (e.g. PayPal), the Conditions of Use and Sale of the relevant payment system provider apply exclusively; where applicable, the client must also have a user account with the provider.

10. Subscriptions, works with update service, minimum subscription period, cancellation

10.1 The contract duration for a magazine subscription is 12 months in each case. Magazine subscriptions can be cancelled up to 6 weeks before the end of the year. To cancel, simply send an email to service@nomos.de.

Trial subscriptions can be cancelled at any time during the trial period, at the latest immediately after receiving the last issue. Otherwise, the subscription will be recorded as a regular annual subscription. The offer is limited to a one-off trial subscription per client and magazine per calendar year.

If the client is a consumer, the contractual relationship shall be extended indefinitely after the minimum period. Cancellation is possible at any time with a notice period of four weeks.

10.2 When ordering loose-leaf publications with an update service (at the cheaper basic edition price), purchase of further supplementary deliveries is included for 12 months. Cancellation is then possible quarterly to the end of the year. The higher basic edition price is charged when purchasing a basic edition without the update service.

10.3 Cancellation must be sent to:

Nomos Verlagsgesellschaft mbH & Co. KG
Waldseestr. 3-5, 76530 Baden-Baden, Germany
Phone: +49 (0) 7221 2104-222
E-mail: service@nomos.de

10.4 The client’s right of revocation in accordance with sections 4, 5 and 6 of these GTC remains unaffected.

10.5 The Publisher is entitled to appropriately increase subscription prices and distribution fees with a notice period of six weeks to the effective date, insofar as either the necessary costs incurred for the provision of editorial services or customer service and general administration – also taking into account any potential cost savings – have increased overall following agreement of the subscription, or insofar as the costs for delivery or materials required for producing the magazine, such as paper, have generally increased. The subscription will be continued at the increased prices. When announcing the price increase in an advert in the magazine subscribed to, the Publisher shall inform the client of the cost increase and the effective date.

11. Reservation of ownership and rights

11.1 Delivered goods remain the property of the Publisher until full payment of the relevant remuneration, including any freight, delivery and shipping costs and other costs. The client is not entitled to resell the goods delivered by us and still subject to reservation of ownership without our prior written consent.

11.2 Granting of rights of use for digital content is subject to the condition precedent of full payment of the respective remuneration.

12. Availability, delivery periods, pre-reservation in case of unavailability

12.1 If the Publisher is unable to meet binding delivery periods for reasons for which it is not responsible (unavailability of service), it shall inform the buyer immediately and at the same time communicate the expected new delivery period. If the service is still not available within the new delivery period, the Publisher shall be entitled to fully or partially withdraw from the contract; any payment already made by the client shall be refunded immediately. In this sense, a case of service unavailability is in particular late self-delivery by suppliers if the Publisher has agreed a congruent hedging transaction. Neither the Publisher nor their supplier are at fault and nor is the Publisher obliged to procure goods in this individual case.

12.2 If a product is not available, the client can make a pre-reservation in case of subsequent availability (e.g. publication, reprint, new edition). The client can revoke the pre-reservation at any time in writing, by fax or e-mail without notice. Revocation must be sent to:

Nomos Verlagsgesellschaft mbH & Co. KG
Waldseestr. 3-5, 76530 Baden-Baden, Germany
Phone: +49 (0) 7221 2104-222
E-mail: service@nomos.de

With unrevoked pre-reservations, the contract is concluded when the Publisher sends the client a further order confirmation by e-mail or when the goods are delivered to the client.

13. Liability for defects

13.1 For contracts for the delivery of goods, the client is entitled to the rights and claims in accordance with the statutory warranty rights. Warranty claims shall lapse within two years following delivery if the client is a consumer, or 12 months following delivery if not.

13.2 Damaged or incomplete goods: parcels that are damaged on the outside or labelled as repackaged by DHL must be claimed by the client within 7 days at DHL or their post office.

14. Liability for damages

14.1 The Publisher shall only be liable for damages within the scope of the statutory provisions according to section 14.

14.2 The Publisher is liable for damages resulting from loss of life, personal injury or impairment to health, as well as damages caused by intent or gross negligence on the part of the Publisher or its legal representatives or agents, as well as for damages in the event of non-compliance with a guarantee given by the Publisher or due to fraudulently concealed defects.

14.3 Limited to compensation for foreseeable typical contract damages, the Publisher is liable for damages based on a slightly negligent breach of essential contract obligations by the Publisher, its legal representatives or agents. The fulfilment of essential contractual obligations is compulsory for the proper execution of the contract and the contractual partner may regularly rely upon them being complied with.

14.4 The Publisher’s liability for other cases of slightly negligent behaviour is limited to EUR 25,000.00 per claim.

14.5 Other claims of damages by the client are excluded. The provisions of the German Product Liability Act remain unaffected.

14.6 The restrictions of section 14 also apply in favour of the Publisher’s legal representatives and agents if claims are invoked directly against them.

15. Final provisions

15.1 The client shall immediately notify Nomos Verlagsgesellschaft mbH & Co. KG in writing, by email to service@nomos.de or fax to +49 (0) 7221 2104-265 of any changes or additions affecting the performance of services (e.g. relocation, change of e-mail address) and the contractual relationship (change of name).

15.2 Baden-Baden is the exclusive place of jurisdiction for disputes with traders, legal persons under public law or public-law special funds based on contracts.

15.3 All disputes arising from or in connection with these General Terms and Conditions as well as from or in relation to transactions made via nomos-shop.de shall be governed exclusively by the laws of the Federal Republic of Germany, irrespective of legal ground, to the exclusion of all conflict of law provisions referring to a different legal system. The above choice of law does not apply to clients who are consumers, insofar as this would deprive them of the protection afforded to them by these provisions which, according to the applicable law in the case of a choice of law, may not be deviated from by agreement. Application of the UN Sales Convention is excluded.

15.4 We are obliged to inform you as a consumer of the European Commission’s online dispute resolution platform. This online dispute resolution platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. However, we do not participate in dispute resolution proceedings before a consumer arbitration board.

 

Nomos Verlagsgesellschaft mbH & Co. KG; Waldseestr. 3-5; 76530 Baden-Baden, Germany
As of: October 2024

 

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