Terms and Conditions
1. Scope
1.1 These General Terms and Conditions of AgilityLive GmbH (hereinafter: “GTC”) shall apply to all contracts concluded between us and the customer (hereinafter referred to as “Customer”) via the webshop https://abo.agility-live.com/ (“Webshop”) operated by AgilityLive GmbH, Vogelskopf 2, 77652 Offenburg, Germany, (hereinafter “we” or “us”).
1.2 The business relationship between us and the Customer shall be governed exclusively by the following GTC in the version valid at the time of the conclusion of the contract. The GTC shall apply regardless of whether the Customer enters into the contract as consumer or entrepreneur. By placing an order or concluding a subscription in the Webshop, the Customer accepts these GTC.
1.3 The Customer is a consumer, unless the purpose of the ordered deliveries and services can be attributed predominantly to his commercial or independent professional activity (section 13 of the German Civil Code “BGB”). An entrepreneur, on the other hand, is any natural or legal person or partnership having legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity (section 14 BGB).
1.4 Orders and subscriptions placed in the Webshop can only be fulfilled within the European Union. Deliveries to other countries and subscriptions from Customers outside of the European Union are only possible upon prior request.
2. Conclusion of contract, Subscription, Vouchers
2.1 Orders of and subscriptions to the magazine “AgilityLive” (“Magazine”) are available in various forms (e.g., print and digital version, as single call-off of a journal or an individual article; annual subscription). The presentation of the (digital) goods in the Webshop does not constitute a legally binding offer, but is an invitation to the Customer to submit an offer.
2.2 Delivery of the printed version of the Magazine (as single call-of or subscription) is subject to payment of a delivery fee as indicated in the order process. Any delivery defects must be reported immediately.
2.3 Access to digital content is granted via the User Account (see Sec. 3).
2.4 In case of an annual subscription, the subscription will remain in force after the initial term of one year for unlimited duration until termination in accordance with Sec. 7.
2.5 We also offer vouchers as fee-based vouchers, which are made available as a digital voucher code. The voucher entitles the holder to use this voucher to purchase the selected product/subscription. These vouchers are transferable. Vouchers can be redeemed within the statutory limitation period of three years and used until the end of this period (redemption period). The redemption period begins at the end of the year in which the subscription voucher was purchased. It is not possible to refund any remaining credit for a redeemed voucher.
2.6 To place an order, the Customer starts by placing the desired goods and/or subscription(s) in the shopping cart. There the Customer may modify at any time the desired quantity or delete goods and subscriptions completely. If the Customer has placed goods and/or subscriptions in the shopping cart, by clicking on the button „Checkout“ the Customer will get to a web page where the Customer may enter its data and choose the shipping and payment method. The Customer can review its input. To cancel the order process, the Customer can simply close te browser window. By clicking the confirmation button „Order with obligation to pay“, the Custoemr declaration becomes binding in the meaning of section 2.7 of these GTC.
2.7 By clicking „Order with obligation to pay“ in the last step of the order process, the Customer submits a binding offer for purchase of the goods displayed in the order overview and/or for booking of the subscription listed in the order overview. The placement of an order/subscription is only possible if the Customer data requested in the Webshop are fully provided.
2.8 Immediately after submitting the order, the Customer will receive an order confirmation, which however does not yet constitute the acceptance of the contract offer. A contract comes into existence between the Customer and us as soon as we accept the Customer’s order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
3. Opening a User Account; Processing of personal data
3.1 In the Webshop the Customer may order goods or book subscription as a guest or after opening a user account (hereinafter: “User Account”). To create a User Account, the Customer has to fill the form on our website and to provide the requested information.
3.2 With a User Account the Customer must not enter its personal data every time the Customer uses our Webshop, but may log on to its account with its e-mail address and password before or during the order process. The Customer will not be obliged to buy any of the goods / booking any subscriptions offered by us only due to your registration. For information on the processing of the data, please read our data protection information, which you can find under the following link [ ].
3.3 The User Account is protected through password that the Customer can alter after we have provided the Customer with an initial password during the initial set-up of the User Account. The Customer may access the User Account at any time and may always make changes to its personal profile specified therein. We recommend procuring the usual safety protection for the password and do not disseminate to third parties.
3.4 In case of any suspected abuse of the User Account through third parties (particularly any suspected hacking) we may suspend the access data until we have established the facts, or the access data have been changed. Should the abuse have been caused by willful misconduct on the Customer’s side we further reserve the right to terminate the Subscription for good cause with immediate effect.
3.5 In case of any suspected abuse, the Customer is urged to contact us through hotline or via E-mail as indicated on our website.
3.6 Access to digital content is granted via the User Account.
4. Storage of the contract text
4.1 After conclusion of the contract, the content of the contract on the basis of these GTC shall be sent to the Customer by e-mail and stored electronically by us in compliance with the applicable data protection regulations.
4.2 The Customer will receive the contractual provisions together with information on the goods ordered and/or subscription booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.
5. Prices, Delivery Costs, Payment, Invoicing
5.1 The purchase price is due immediately after placing the order/booking the subscription. Payment can be made by credit card, SEPA direct debit, invoice or via our payment provider. In case of purchase on invoice, our bank details are indicated on the invoice. We reserve the right to offer the Customer only selected payment methods. The purchase price shall be payable in advance. If the Customer chooses a payment system for which he has registered with the respective payment service, the respective terms of use and data protection conditions of the payment service shall apply to this contractual relationship.
5.2 The purchase prices shall apply as shown on our website at https://abo.agility-live.com/ at the time of conclusion of the contract. The purchase price includes the applicable statutory value-added tax. Delivery costs, if any, are shown separately in the order process and displayed before the offer is submitted in accordance with Sec. 2.7.
5.3 If the Customer is in default of payment, we shall be entitled to claim the damage actually incurred by us as a result, but at least the statutory default interest. For each reminder sent to the Customer after the default has occurred, the Customer shall be charged a reminder fee of EUR 2.50, unless a lower or higher damage is proven in the individual case.
5.4 We are entitled to adjust the purchase price even during the term of a subscription, but no more than once per year and only to reflect the effects of changes in our overall calculation and costs that occurred after the Subscription was concluded. Examples of cost elements that affect the purchase price are production and procurement costs, costs of technical provision or delivery, customer service and other costs of purchase and sale (e.g., billing and payment, marketing), general administrative and other overhead costs (e.g., costs of personnel, service providers and services, IT systems, energy. Adjustments may take the form of both price increases – in the event of an overall increase in costs – and price reductions – in the event of an overall decrease in costs – whereby the extent of the adjustment must be in reasonable proportion to the change that has occurred. Adjustments to the purchase price will be announced by e-mail before they take effect. Price increases for subscriptions will not take effect until the next renewal of the subscription term. In the event of price increases, the Customer shall be entitled to terminate the subscription as of the date on which the price increase takes effect. The notice period is one month from notification of the price increase.
5.5 The purchase price shall be debited based on the payment mode that the Customer has selected. The advance information about the payment collection (so-called pre-notification) after the SEPA basic direct debit is shortened to one day.
5.6 If the purchase price cannot be withdrawn despite being due and payable, we may suspend access to the Magazine until payment has been processed. The Customer shall make requisite changes with its User Account in case of any changes of the payment mode (i. e. before expiry of a credit card). Furthermore, in the event of default in payment, we are entitled to terminate the contract without notice after issuing a reminder and setting a grace period. The damage caused by the delay, including reminder costs, shall be borne by the Customer.
6. Shipping and Transfer of Risk, Retention of Title
6.1 In case of delivery, the goods shall be delivered to the delivery address specified by the Customer using customary shipping methods (post, delivery services, etc.). The risk of loss of or damage to the goods shall only pass to the Customer as soon as the goods have been delivered to the Customer or to a third party designated by the Customer and different from the carrier.
6.2 The goods shall remain our property until full payment.
7. Termination, Refund
7.1 Subscription concluded for an annual period can be terminated with a notice period of one month to the end of the initial one-year-period. After the initial period, Subscription may be terminated at any time upon one (1) months’ notice; Customer shall be refunded any amounts paid in advance if and to the extent paid by Customer for periods after the end of the subscription. To terminate the subscription, the Customer can visit the User Account and follow the instructions for termination that we have provided or click on the button “Terminate contract here” on the start page of our Webshop.
7.2 If the Customer terminates a subscription, the Customer can access the digital content bought before the termination via its User Account.
8. Copyright
8.1 The use of our publications is permitted exclusively for own, non-commercial purposes. It is prohibited to pass on the contents to third parties, irrespective of the purpose and type of passing on.
8.2 Any use or exploitation of our copyrighted content that goes beyond the respective contractual purpose, in particular by means of reproduction, distribution, digitization, storage – regardless of the medium and technical design – is prohibited and punishable by law.
9. Warranty, Liability
9.1 The statutory warranty rights shall apply.
9.2 We strive to provide access to all digital subscription content 24 hours a day, 7 days a week, but we cannot guarantee this. In particular, we assume no liability for the constant availability of the online connection and the accessibility of the servers. We are not liable for the respective delay or non-provision of the Magazine as far as such delay or non-provision are due to circumstances beyond our control or the control of the third-party right holder. This applies particularly to failure of electronic or mechanical communication features, third-party intervention, telephone- or other network problems, computer viruses, unauthorized access, theft, operating errors, fire, extreme weather conditions including flooding, acts of God or directives from public authorities, from governmental or supranational authorities, war or unrest. We assume no liability for data loss or compatibility problems caused by the Customer.
9.3 We shall be liable in accordance with the statutory provisions for any breach of material contractual obligations for which we are responsible, i.e. contractual obligations the fulfilment of which gives the contract its character and which make its proper performance possible in the first place. We shall only be liable for all other breaches of duty if damage has been caused intentionally or by gross negligence by us or one of our legal representatives, employees or other vicarious agents.
9.4 Insofar as we have not acted intentionally, we shall only be liable for the typically occurring foreseeable damage.
9.5 Liability under the Product Liability Act remains unaffected; this also applies to liability for culpable injury to life, limb or health. If we assume a guarantee, we shall be liable in accordance with the statutory provisions.
9.6 Unless otherwise stipulated above, claims for damages against us for breach of duty are excluded.
9.7 Insofar as our liability is excluded and limited, this shall also apply to the personal liability of our legal representatives, employees and other vicarious agents.
10. Consumers’ Right of Withdrawal
Consumers have a statutory right of revocation in the case of distance contracts in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/Her independent professional activity (Sec. 13 German Civil Code).
10.1 The Consumer has the following statutory right of withdrawal in the case of subscriptions to the print edition and for vouchers:
INFORMATION ON THE RIGHT OF WITHDRAWL
Right of Withdrawal
You have the right to withdraw from this contract 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, physical possession of the goods (or, in case of a contract for several goods within the scope of a uniform order, the last goods).
To exercise your right of withdrawal, you must inform us (AgilityLive Abo-Service, Postfach 10 40 40, 20097 Hamburg, phone: +49 40 23 67 03 29, fax: +49 40 23 67 03 0, e-mail: agility-live@primaneo.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of the 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 at the latest within fourteen days of the day on which we received the notification of your withdrawal 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. 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 earlier.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract).
To:
AgilityLive Abo-Service
Postfach 10 40 40
20097 Hamburg
agility-live@primaneo.de
Fax: +49 40 23 67 03 0
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 (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
ordered on (*)/received on (*);
name of the consumer(s);
address of the consumer(s);
signature of consumer(s) (only in case of paper communication)
date
__________
(*) complete as appropriate
10.2 The consumer has the following statutory right of withdrawal in the case of the purchase of digital contents (annual subscription or single call-of):
INFORMATION ON THE RIGHT OF WITHDRAWL
Right of Withdrawal
You have the right to withdraw from this contract 14 days without giving any reason.
The withdrawal period will expire after 14 days starting at the date at which this agreement has been concluded.
To exercise your right of withdrawal, you must inform us (AgilityLive Abo-Service, Postfach 10 40 40, 20097 Hamburg, phone: +49 40 23 67 03 29, fax: +49 40 23 67 03 0, e-mail: agility-live@primaneo.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of the 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 at the latest within fourteen days of the day on which we received the notification of your withdrawal 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 have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
Forfeiture of Revocation Right (in case of a single-call-off)
The revocation right shall forfeit for any agreement regarding the delivery of digital contents not stored on any storage device if we have started with execution of this agreement after you (i) shall have expressly consented to start of execution prior expiry of the revocation deadline and (ii) you have confirmed to be aware that through your approval at the start of execution of this agreement you will forego your right of revocation.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract).
To:
AgilityLive Abo-Service
Postfach 10 40 40
20097 Hamburg
agility-live@primaneo.de
Fax: +49 40 23 67 03 0
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 (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
ordered on (*)/received on (*);
name of the consumer(s);
address of the consumer(s);
signature of consumer(s) (only in case of paper communication)
date
__________
(*) complete as appropriate
11. Applicable Law, Jurisdiction, Online and Alternative Dispute Resolution
11.1 The agreement concluded through these terms and conditions shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods and the provisions of German Private International Law.
11.2 If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Offenburg, Germany.
11.3 The European Commission has set up a platform for online dispute resolution (“ODR-Platform”). The ODR-Platform serves as point of contact for out-of-court resolution of disputes which may arise from or in connection with online service contracts. You can find the ODR-Platform under the following link: http://ec.europa.eu/consumers/odr/
We do not participate in dispute resolution procedures pursuant to the law on alternative dispute resolution with regard to consumer contracts („Gesetz über die alternative Streitbeilegung in Verbrauchersachen (VSBG)“) before a consumer arbitration
