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Nomos Verlagsgesellschaft mbH & Co. KG
Waldseestraße 3 – 5, 76530 Baden-Baden
Registergericht: AG Mannheim – Register-Nr.: HRA 200026
UST-ID Nr. DE 143468840

Legally represented by the personally liable company:
NOMOS Beteiligungsgesellschaft mit beschränkter Haftung
Waldseestraße 3 – 5, 76530 Baden-Baden
Registergericht: AG Mannheim – Register-Nr.: HRB 201949
Geschäftsführer: Thomas Gottlöber

Telefon: +49 (0) 7221 2104-0
Telefax: +49 (0) 7221 2104-27
Email: nomos@nomos.de

Verantwortlich i.S.d. § 18 Abs. 2 MStV
Axel Klimek
Email: klimek@nomos.de

Online dispute resolution
EU platform for out-of-court online dispute resolution.

Consumer dispute resolution
Nomos Verlagsgesellschaft mbH & Co. KG is neither legally obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the German Consumer Arbitration Act (VSBG)

Copyright and publishing rights:
All contributions published in this offer are protected by copyright. The legal protection also applies to databases and similar facilities. No part of this offer may be reproduced in any form outside the narrow limits of copyright law without the written permission of the publisher. Tectum Verlag in der Nomos Verlagsgesellschaft is not liable for unsolicited manuscripts and photographs.

Disclaimer for contents and links: All information and data have been compiled to the best of our knowledge, but no guarantee is given for their completeness and correctness. Nomos Verlagsgesellschaft has no influence whatsoever on the current and future design and content of external sites linked to this site. Therefore, it hereby expressly distances itself from all contents of all linked pages.

1. Scope of application

The business relationship between Nomos Verlagsgesellschaft mbH & Co KG (hereinafter referred to as "the Publisher") and the customer with regard to nomos-shop.de shall be governed exclusively by these General Terms and Conditions in the version applicable at the time of the customer's order. Contradictory, deviating or supplementary general terms and conditions of the customer shall not become part of the contract unless the publisher expressly agrees to their validity.

2. Special terms and conditions for certain products

nomos-shop.de is a platform that offers the publisher's entire product range. In addition to these GTC, special terms and conditions of use of the respective suppliers may apply to individual products. If applicable, these are available on the product page under the respective product information.

3. Conclusion of contract

The presentation of products in nomos-shop.de does not constitute a legally binding offer by the publisher, but a non-binding online catalogue. The customer can select products and place them in the shopping basket. By clicking the "buy now" button, the customer places a binding order for the products he/she has selected. Before placing the order, the customer can change and view the data at any time. However, the order can only be placed if the customer has accepted these contractual terms by placing a tick in the checkbox next to the text "I accept the terms of delivery and business". Confirmation of receipt of the order is sent by automated e-mail immediately after receipt of the order and does not constitute acceptance of the contract by the Publisher. The contract is only concluded when the publisher accepts the customer's offer by sending a separate order confirmation by e-mail or by sending the ordered product. The acceptance can take place within three days after receipt of the offer.

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

4.1 Consumers have a 14-day right of withdrawal.

CANCELLATION POLICY

Right of withdrawalYou have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, ,

  1. physical possession of the goods, in case of a contract relating to one or more goods ordered by the consumer in one order and delivered jointly;
  2. physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;
  3. physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;
  4. physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.

To exercise your right of withdrawal, you must inform us (Nomos Verlagsgesellschaft mbH & Co. KG, Waldseestr. 3-5, 76530 Baden-Baden, Tel.: +49 (0) 7221 2104-260, Fax: +49 (0) 7221 2104-265, E-Mail: vertrieb@nomos.de of your decision to withdraw from this this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects 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 14 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 any event, you will not incur any fees as a result of such reimbursement.

You shall send back the goods or hand them over to us (Nomos-Shop.de, Returns Department, c/o Nördlinger Verlagsauslieferung, Augsburger Str. 67a, 86720 Nördlingen), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

We will bear the costs of returning the goods within Germany if you return them by DHL using the return label "DHL-Retour", which you can obtain on the Internet at RETOURE Online - Nomos Verlags-GmbH & Co. KG.

Please enclose a copy of the invoice with the return so that we can issue your credit note quickly and easily.

If you do not use the aforementioned type of returning the goods with DHL, you will bear the direct costs of returning the goods.

For returns from abroad, you will bear the costs of returning the goods in full.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

4.2 Exclusion of the right of withdrawal

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

4.2.1 Contracts for the delivery of goods which are not preformulated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

4.2.2 contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;

4.2.3 contracts for the supply of magazines with the exception of subscription contracts.

4.2.4 Contracts for the supply of goods with loose components, such as supplementary deliveries, if the seal has been broken after delivery;

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

4.2.6 Contracts for the delivery of goods that have been marked "without right of return".

5. Right of withdrawal for contracts for the supply of digital content

Consumers have a 14-day right of withdrawal.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Nomos Verlagsgesellschaft mbH & Co. KG, Waldseestr. 3-5, 76530 Baden-Baden, Tel.: +49 (0) 7221 2104-260, Fax: +49 (0) 7221 2104-265, E-Mail: vertrieb@nomos.de) of your decision to withdraw from this this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

E-books

The right of withdrawal expires prematurely in the case of e-books if the execution of the contract has begun with the express prior consent of the consumer and his confirmation that he thereby loses the right of withdrawal.

Effects 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 14 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 any event, you will not incur any fees as a result of such reimbursement.

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

Consumers have a 14-day right of withdrawal.

CANCELLATION POLICY

 Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.To exercise your right of withdrawal, you must inform us (Nomos Verlagsgesellschaft mbH & Co. KG, Waldseestr. 3-5, 76530 Baden-Baden, Tel.: +49 (0) 7221 2104-260, Fax: +49 (0) 7221 2104-265, E-Mail: vertrieb@nomos.de of your decision to withdraw from this this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects 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 14 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 any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

7. Model withdrawal form

If you wish to cancel the contract in accordance with the above clauses, you can fill in this form and return it to us. The use of the form is not obligatory.

To

Nomos Verlagsgesellschaft mbH & Co. KG
Waldseestr. 3-5
76530 Baden-Baden
Tel.: +49 (0) 7221 2104-260
Fax: +49 (0) 7221 2104-265
E-Mail: vertrieb@nomos.de

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date (*):

Notes:

  • Delete as appropriate.

  • Fields marked with an asterisk are mandatory.

8. Prices, shipping costs, return costs

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

8.2 No additional freight, delivery or shipping costs or other costs shall be charged for the shipment of individual orders of bound books within Germany, irrespective of the order value. For shipping to other countries of the European Union (except Greece) and the European Economic Area and to Switzerland, a flat shipping rate of 8.50 euros per delivery will be charged, for deliveries to countries outside the European Union and to Greece, a flat shipping rate of 18.00 euros will be charged. Any customs duties and taxes to be paid in accordance with the applicable laws shall be borne by the customer.

8.3 The prices of loose-leaf works comprise the price of the basic work including all updates available up to the time of purchase, unless otherwise stated in the product information.

8.4 In the case of continued purchases of supplementary deliveries, the Customer shall be charged the current delivery costs for the subsequent deliveries at the time of dispatch.

8.5 For subscriptions, shipping costs are incurred for each delivery. Different shipping costs apply to subscription deliveries within Germany and subscription deliveries abroad. The shipping costs are stored in nomos-shop.de under the respective products. The administration for subscriptions and the continued subscription of works is otherwise free of charge.

8.6 For price-bound products, the legally binding prices set by the publisher in accordance with the German Book Price Binding Act (Buchpreisbindungsgesetz) shall apply. Deviations are generally not permitted by law. Price deviations due to data supply or data entry errors cannot be excluded. In this case, the prices according to the book price fixing shall nevertheless apply.

8.7 Our foreign prices (with the exception of deliveries to Austria) correspond to the gross domestic price for Germany without VAT. The price shall not be reduced by the respective value added tax.

9. Payment methods, due date

9.1 The delivery of goods as well as the provision of services shall be effected against payment on account within Germany up to a value of goods of 300 Euros.

9.2 In individual cases, the publisher reserves the right to deliver goods only upon payment in advance. In this case, the goods will only be delivered upon receipt of the full invoice amount.

9.3 The invoice amount shall become due for payment upon receipt of the invoice by the customer. Payments shall be made without deduction to one of the accounts stated in the invoice.

9.4 The delivery of digital contents (in particular of e-books) by way of provision for download shall only take place against prior payment with a credit card accepted by the Publisher or via PayPal.

9.5 For payment processing via payment system providers (e.g. PayPal), the terms of use and business conditions of the respective payment system provider shall apply exclusively; if applicable, the Customer must also have a user account with the provider.

10. Subscriptions, works with continued subscription, minimum subscription period, notice of termination

10.1 The contract period for a journal subscription is 12 months. Journal subscriptions may be cancelled up to one month before the end of the contract period. An e-mail to zeitschriften@nomos.de is sufficient for termination.

Trial subscriptions can be cancelled at any time during the respective trial period, at the latest immediately after receipt of the last issue, otherwise the subscription will be noted at the regular annual subscription. The offer is limited to one trial subscription per customer and magazine per calendar year.

If the customer is a consumer, the contractual relationship shall be extended indefinitely after the minimum term. Cancellation is possible at any time with one month's notice.

10.2 When ordering loose-leaf works with a continuation subscription (at the lower basic work price), the subscription of further supplementary deliveries is included for a binding period of 12 months. Cancellation is then possible quarterly at the end of the year. When subscribing to a basic work without continuation reference, the higher basic work price shall be charged.

10.3 Notice of termination shall be sent to:

Nomos Verlagsgesellschaft mbH & Co. KG
Waldseestr. 3-5, 76530 Baden-Baden
Tel.: +49 (0) 7221 2104-260
Fax: +49 (0) 7221 2104-265
E-Mail: vertrieb@nomos.de

10.3 The customer's right of withdrawal in accordance with sections 4, 5 and 6 of these GTC remains unaffected.

11. Reservation of ownership and rights

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

11.2 The granting of rights of use to digital content shall be subject to the condition precedent of full payment of the relevant remuneration.

12. Verfügbarkeit, Liefertermine, Vormerkung bei Nichtverfügbarkeit

12.1 If the Publisher is unable to meet binding delivery deadlines for reasons for which it is not responsible (non-availability of the service), it shall inform the Buyer of this without delay and at the same time notify the Buyer of the expected new delivery deadline. If the service is also not available within the new delivery period, the Publisher shall be entitled to withdraw from the contract in whole or in part; any consideration already paid by the customer shall be refunded to the customer without delay. A case of non-availability of the service in this sense shall be deemed to be, in particular, the failure of suppliers to deliver on time if the Publisher has concluded a congruent hedging transaction, neither the Publisher nor its suppliers are at fault or the Publisher is not obliged to procure in the individual case.

12.2 In the event of non-availability of a product, the customer may make a reservation for the event of later availability (e.g. publication, reprint, new edition). The customer may revoke the reservation at any time without notice in writing, by fax or by e-mail. The revocation is to be addressed to:

Nomos Verlagsgesellschaft mbH & Co. KG
Waldseestr. 3-5, 76530 Baden-Baden
Tel.: +49 (0) 7221 2104-260
Fax: +49 (0) 7221 2104-265
E-Mail: vertrieb@nomos.de

In the event that a reservation is not revoked, the contract shall be concluded when the publisher sends the customer a further order confirmation by e-mail or when the goods are received by the customer.

13. Liability for defects

13.1 In the case of contracts for the delivery of goods, the customer shall be entitled to the rights and claims under the statutory law on liability for defects. Claims for liability for defects shall become statute-barred within two years of delivery if the customer is a consumer, otherwise twelve months of delivery.

13.2 Damaged or incomplete goods: The customer must complain to DHL within 7 days about packages that are damaged on the outside or marked by DHL as repackaged.

14. Liability for damages

14.1 The Publisher shall be liable for damages within the scope of the statutory provisions only in accordance with the provisions of this Clause 14.

14.2 The Publisher shall be liable for damages arising from injury to life, body or health and for damages caused by intent or gross negligence on the part of the Publisher or its legal representatives or vicarious 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 The Publisher shall be liable, limited to compensation for the foreseeable damage typical of the contract, for such damage that is based on a slightly negligent breach of material contractual obligations by it or its legal representatives or vicarious agents. Material contractual obligations are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely.

14.4 The Publisher's liability for other cases of slightly negligent conduct is limited to EUR 25,000.00 per case of damage.

14.5 Other claims for damages by the customer are excluded. The provisions of the Product Liability Act shall remain unaffected.

14.6 The limitations of this clause 14 shall also apply in favour of the legal representatives and vicarious agents of the Publisher if claims are asserted directly against them.

15. final provisions

15.1 The customer shall notify Nomos Verlagsgesellschaft mbH & Co. KG immediately in writing by e-mail to adressmanagement@nomos.de or by fax to +49 (0) 7221 2104-265.

15.2 The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is Baden-Baden.

15.3 All disputes arising from or in connection with these General Terms and Conditions as well as from and in connection with transactions conducted via nomos-shop.de shall be governed exclusively by the law of the Federal Republic of Germany, irrespective of the legal grounds, but to the exclusion of all non-mandatory provisions of the conflict of laws that refer to a different legal system. The above choice of law does not apply to customers who are consumers, insofar as this would deprive them of the protection afforded to them by those provisions which, under the law which would be applicable in the absence of a choice of law, may not be derogated from by agreement. The application of the U.N. Convention on Contracts for the International Sale of Goods is excluded.

15.4 Information on online dispute resolution: The EU Commission has made available an internet platform for the online settlement of disputes (so-called "ODR platform"). The ODR platform can be used for the out-of-court settlement of disputes for contractual obligations arising from online purchase contracts or online service contracts. The ODR platform can be accessed at the following link ec.europa.eu/consumers/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
Status: July 2022