General Terms and Conditions and Data Protection Policy (HUSS VERLAG, HUSS MEDIEN)

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Directly to the data protection information HUSS MEDIEN GmbH (Berlin) | HUSS VERLAG GmbH (München)

 

General Terms and Conditions (GTC) for deliveries of goods

Addresses:
HUSS-VERLAG GmbH, CEOs: Christoph Huss, Bert Brandenburg, Rainer Langhammer,
Joseph-Dollinger-Bogen 5, 80807 München
Munich District Court, HRB 48 372
VAT ID No.: DE 129 378 806

Huss MEDIEN GmbH, CEOs Wolfgang Huss, Christoph Huss,
Am Friedrichshain 22, 10407 Berlin
District Court Berlin, HRB 36 260
VAT ID No.: DE 137 189 299

The following General Terms and Conditions (GTC) apply for purchases from the Publishers HUSS-VERLAG GmbH, Munich, and HUSS MEDIEN GmbH, Berlin. If products, databases, seminars or services that are distributed by the Publishers have different conditions, these conditions apply (e.g. for advertisements and inserts in magazines and newspapers). Deviating terms of the Customer are only valid if they have been confirmed expressly in writing by the Publisher

1. Orders
All offers of the Publisher are non-binding and without obligation.

A contract is only concluded when the Publisher expressly confirms conclusion of the contract in writing or sends the ordered goods to the Customer. Orders will be confirmed by us either by invoice or notification. The Customer has to check the confirmation for any inconsistencies with his order and to advise the Publisher of any discrepancy.

Product descriptions in catalogues, advertisements, the online shop or other advertising materials do not constitute a warranty (within the meaning of § 276 BGB (German Civil Code)) concerning certain product properties. Properties assured of verbally must be confirmed by us in writing to be effective.

The Publisher is entitled to withdraw from the contract if, exceptionally, the goods ordered by the Customer should be unavailable for a significant period of time, or unrecoverable data errors exist at conclusion of contract for software products.

The Publisher is also entitled to withdraw from the contract if the Customer's order is based on spelling, printing or calculation errors in the offer or there are discrepancies or errors in the text, printing or calculation.

2. Delivery
(1) Delivery dates or deadlines are only binding if confirmed in writing by the Publisher. Specification of a delivery date is made based on our best judgement and is suitably extended if the necessary or agreed-to collaborative actions are delayed or neglected.

The same applies to measures in the context of industrial disputes, in particular strikes and lockouts as well as the occurrence of unforeseen obstacles which are beyond the control of the Publisher, such as delay in delivery of suppliers, transport and operational disturbances, materials or energy shortages, etc. Changes caused by the Customer to the delivered goods can also lead to a reasonable extension of the delivery period.

(2) If a delivery is impossible or unreasonable due to circumstances stated above, the Publisher is released from the obligation to deliver. Should the delivery delay last longer than a month, the Customer is entitled to withdraw from the contract with respect to the part of the contract not yet fulfilled. When the delivery time is extended or the Publisher is released from his obligation to deliver, the Customer may derive no claims for damages thereof. If the circumstances stated above do occur, the Publisher should notify the Customer thereof without delay.

(3) If the Publisher is responsible for the non-observance of agreed terms and dates, the Customer can only make a claim for reimbursement of lost profit if the Publisher or his vicarious agent intentionally or through gross negligence caused the damage.

(4) The delivery dates of new publications and reprints in general are not binding. All loose-leaf publications or software programs must be updated before the date of delivery. To keep loose-leaf publications or software up-to-date, the Customer shall automatically participate in the contractual update service, unless the order is expressly not to be continued. Extent and price of supplements or updates are available in the purchase quotation. The Customer is not obliged to accept the update-delivery; if it is returned, the Publisher understands this as cancellation. The update service may be cancelled at any time by the Customer. However, the Customer is obliged to accept and pay for updates that have already been delivered, additional deliveries or updates.

(5) In addition, the delivery is subject to the availability of the goods. If the item ordered has not yet been published, the order shall be bookmarked. For works that are already out of print, no longer available or stock works, the Customer has the choice of cancelling his order or to reserve a possible reprint or new edition. In any case, the Customer will be informed immediately about the unavailability of the product. Deposits shall be returned immediately in the event of non-availability.

(6) The right to make part deliveries is reserved. The shipping costs thereof are borne by the Publisher.

(7) Books, magazines and other products of the Publisher are usually supplied at the expense of the Customer from the place of dispatch. We reserve the right of delivery against payment in advance or cash on We reserve the right to require advance payment by wire transfer in individual cases.

(8) A delivery of goods to view must be expressly agreed upon when ordering. There is a view time limit of 14 days following receipt. The original packaging must be used when returning view deliveries (receipt by the Publisher). The goods are considered to have been purchased by the Customer, if they are not returned within the aforementioned period and the Publisher has pointed out to the Customer at the beginning of the period the consequences of his conduct.

3. Shipping

(1) The dispatch shall take place on account and at the risk of the Customer. The risk associated with shipping the purchase passes to the Customer once the delivery item is handed over to the person performing the transport, if it is a commercial transaction. If the Customer is the consumer, the risk only passes to the Customer upon delivery of the shipment. If the shipment is delayed on request of the Customer, the risk is transferred to the Customer on the day that the notice of readiness for delivery is issued. The means and route of delivery is left to the discretion of the Publisher, unless otherwise agreed.

4. Notification of defects

(1) The dispatch shall take place on account and at the risk of the Customer. The risk associated with shipping the purchase passes to the Customer once the delivery item is handed over to the person performing the transport, if it is a commercial transaction. If the shipment is delayed on request of the Customer, the risk is transferred to the Customer on the day that the notice of readiness for delivery is issued. The means and route of delivery is left to the discretion of the Publisher, unless otherwise agreed.

5. Warranty/limitation

(1) If the delivered goods have defects covered by the warranty, the Publisher has the option of rectifying the defects or providing a replacement delivery as a commercial deal. The Publisher assumes the subsequent costs of materials, dispatch and labour and other expenses incurred for the purposes of fulfilling the obligation. Any further claims of the buyer, insofar as these do not result from the warranty, are excluded.

Defects in part of the delivered goods do not entitle the Customer to withdraw from the contract as a whole or to compensation instead of the whole performance, unless that part of delivery is of no use to the Customer.

(2) Insofar as this is a commercial trading operation, the period of limitation for warranty claims is 12 months from the date of delivery to the Customer. For contracts with consumers, the limitation period of two years begins at the end of the year in which the goods were delivered to the Customer.

6. Liability and limitation of liability

(1) The Publisher is liable for damages, no matter what the legal basis, insofar as these are caused by culpable violation of essential contractual obligations (the so-called cardinal obligations) by the Publisher in a manner that endangers the purpose of the contract or can be attributed to gross negligence or the intent of the Publisher. For breach of essential contractual obligations caused by slight negligence, we are liable to the limited amount of contractually typical and foreseeable damage, usually not exceeding the purchase price of the ordered goods. Contributory negligence on the part of the Customer is to be paid for by him.

(2) Liability due to intent, warranty, malice or personal injury as well as that according to the product liability law remains unaffected.

(3) The Customer is obliged to take appropriate measures to avert and reduce the damage.

Prices, Terms of Payment

(1) The delivery is made based on the prices indicated in the price list of the Publisher's gross final price (net price plus statutory VAT and shipping costs).

The shipping costs for shipping nationally and internationally (e.g. packaging and postage) are calculated in addition and borne by the Customer.

(2) The prices indicated on the invoice are binding. The Publisher is entitled to change the prices for subscription contracts and other continuous obligations, particularly taking into account the general inflation rate. The price update applies particularly to verifiable increases in materials, shipping and labour costs based on customer information for this. If the Publisher has announced price changes before the order is received, then the new prices apply. The Customer is entitled to terminate the contract if the price increase exceeds 5%. The Customer can submit his cancellation in writing within one month after the announcement of the price adjustment.

(3) Payment of the goods following invoicing is either by cash on delivery, credit card or in advance.

For delivery against invoice, all invoices must be paid within 14 days of receipt of invoice, unless otherwise agreed in writing.

Payments must be made without deduction to the amounts appearing on the invoice. Payments in foreign currencies will be accepted applying the current exchange rate. A cash discount will not be granted. Cheques are accepted only after they have been deposited. Bank charges and bank fees are payable directly by the Customer.

(4) The Customer is deemed to be in default no later than 30 days following the due date on the invoice, a reminder is then unnecessary; all outstanding debits due to the Publisher are then due for payment immediately. However, the Publisher warns that a fee of €7.50 is incurred per reminder. If payment is not received by the date specified on the invoice, interest to the amount of 9% above the current standard interest rate of the European Central Bank will be charged and a flat charge for damage caused by non-payment of €40.00, which is added to damages claimed for the event that the damages are demonstrably higher (e.g. costs of legal proceedings). The flat charge reimbursement is payable for non-payment of discounted or instalment payments. (§ 288 BGB (German Civil Code revision)) This applies to advertisements taken out after 28.7.2014, excluded are subscriptions, unless the return service was provided after 30.6.2016 (Art. 229 § 34 of the revision of the EGBG (Introductory Act to the German Civil Code)). Payment deadlines for commercial business transactions can be no longer than 60 days, unless further payment deadlines are not grossly inequitable for the creditors. If the client is the consumer, in the event of default the rate of interest charged is 5 percent above the base interest rate. This also applies to deferment of payment. The Publisher reserves the right to assert further damages against companies and consumers. The contractor remains free to prove in detail higher or lower damages. In the event of default of payment by companies or consumers, the Publisher may stop further publication of the current order until such time as the payment is made. The Publisher may also demand advance payment for all remaining advertisements. If there is reasonable doubt as to the solvency of the contractor, the Publisher is entitled to require advance payment for all future advertisements regardless of what may have originally been agreed and to make continued publishing conditional on payment of all outstanding invoices.

(5) If, after conclusion of contract, the Publisher recognizes the risk of a lack of performance of the Customer, the Publisher is entitled to effect any outstanding deliveries only against advance payment or security. If such prepayments or security have not been provided after expiration of a reasonable period of grace, the Publisher may withdraw from any or all of the affected contracts, either entirely or partially. The assertion of further rights remains is reserved for the Publisher. The Publisher also reserves the right to rescind the contract if the Customer has submitted incorrect information about his creditworthiness.

(6) The Customer can only offset against the Publisher such claims as are undisputed, legally binding or recognised by the Publisher in writing. Exceptions to this rule are counterclaims arising from the same contractual relationship. The same applies to assertion of the right of retention. Payment in instalments is only possible after prior written agreement. The following applies to purchase contracts with instalment agreements:

If the purchaser defaults on two consecutive instalments and the default is at least10% of the total price, the entire remaining demand of the seller is due at once. If the Customer is a business, the default of two successive instalments is sufficient to demand for the total outstanding claim.

In the event of several claims, any payments will be credited to older claims plus interest.

(7) The Publisher is entitled to exclude a defaulting Customer from further deliveries and to cancel business relationships for other substantive reasons.

8. Retention of title

The delivered goods shall remain the property of the Publisher until all the purchase price claims are fully paid. In commercial transactions, this applies until full payment has been made on all claims arising from the business relationship, irrespective of the legal basis.

The Customer is not entitled to assign the purchased goods as security or to pledge the goods, but is entitled to a conditional resale of the goods within a regular transaction. The Customer assigns to the Publisher claims accrued from business partners as security against the open claims. In commercial transactions, this applies until full payment has been made on all claims arising from the business relationship, irrespective of the legal basis.

If the Customer includes resale to a third party in an existing account in an existing current account relationship, then the transferable balance is regarded as having been transferred. If the value of the security available for the Publisher exceeds his total claims by more than 10%, the Publisher is obliged, at the Customer's request, to release securities at his discretion.

At the request of the Publisher, the Customer is obliged to announce the assignment to the third party to the Publisher or to disclose names and addresses. Until the complete payment of the goods, the Customer must notify the Publisher immediately of any change of residence or any seizure of the goods or any other impairment of the rights of the Publisher. The Publisher is entitled to assert the right of reservation of ownership, without withdrawing from the contract.
 

9. Cancellation policy for consumers

Consumers are entitled to a right of withdrawal under the following conditions, where the consumer is any natural person who enters into a transaction for purposes which can largely not be attributed as commercial nor independent professional activity:
Cancellation Policy

Right of Cancellation
You can cancel your contractual statement in writing (e.g., letter, fax, email) within 14 days without stating any reason, or if the goods are at your disposal before the end of that period, by simply returning the shipment. You may use the attached cancellation form for this purpose, but this is not compulsory. You can download and fill out the cancellation form on our website www.huss-shop.de/Muster-Widerrufserklaerung.pdf or submit any other unequivocal statement. If you choose to use this option, we will immediately send you confirmation (e.g. by email) that we have received your notice of termination.

The period begins upon receipt of the notification in writing, but not before the Customer receives the delivery (or not before receiving the first partial delivery if recurring deliveries of similar goods have been ordered) and also not before we have fulfilled our statutory obligation to inform customers of this right as defined in § 312 Article 1 in conjunction with Article 246 paragraph 1 and 2 of the EGBGB (Introductory Act of the German Civil Code) and in accordance with § 312g Section 1, Clause 1 of the BGB (German Civil Code) in conjunction with Article 246 § 3 of the EGBGB (Introductory Act of the German Civil Code). Revocation or the return must be addressed to the respective contractual partner:

HUSS-VERLAG GmbH, Joseph-Dollinger-Bogen 5, 80807 München, Fax 0049-(0)89-32391-416; Tel 0049-(0)89-32391-0; shop@huss-verlag.de

HUSS-MEDIEN GmbH, Am Friedrichshain 22, 10407 Berlin, Fax 0049-(0) 30-42151-480; Tel 0049-(0) 30-42151-0; bestellung@huss-shop.de

Consequences of withdrawal
Consequences of withdrawal In the case of an effective cancellation, the services received on both sides must be returned and any relevant benefits (e.g. interest, dividends) returned. If the goods and services, including any benefits (e.g. benefits of use) from use of said goods and services, cannot be wholly returned or only returned in a deteriorated condition, you must provide us with a due compensation. Compensation for the deterioration and derived benefits is payable only to the extent the wear and tear or the deterioration is due to a use of the goods which exceeds the test of the reliability and function of the goods. "Test of the reliability and function" means the testing and use of the goods as is possible and customary within a retail location. Transportable items are to be returned at our risk. You bear the direct costs of returning the goods.

Non-transportable goods will be collected from you. Obligations with respect to the reimbursement of payments must be met within 14 days. For the Customer, the period begins from the withdrawal notice or from the time when the goods are sent, and for us, upon receipt of the same. We may refuse to pay the purchase price refund until the goods have been returned to us, or until you have provided evidence that you have shipped the goods back (§ 357 paragraph 4 BGB (German Civil Code))

Special notes
Your right to withdraw expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of cancellation. The right of withdrawal does not apply to remote contracts

  • for the supply of goods which are manufactured according to Customer specification or
  • are clearly tailored to the personal needs or
  • due to their nature are not suitable for return or
  • for the supply of audio or video recordings or software if the seal on the data media has been broken by the consumer, or
  • for the supply of newspapers, journals and magazines, unless the consumer has made the contractual declaration by telephone.
  • for the supply of goods inseparably mixed with other goods after delivery, due to their inseparable nature
  • for goods that are supplied sealed or do not qualify for return on the grounds of health or hygiene (such as mattresses and fitted sheets) and whose seal has been removed after the delivery.

End of cancellation policy

10. Address sales

The addresses provided by the Publisher or published in books are copyrighted. They may not be reproduced, propagated and applied for multiple addressing on labels, or stored and used, without the prior consent of the Publisher.

The LIGHT or FULL license (bus addresses), as well as the YEAR license (all other address groups) are limited to one year against payment of the applicable address price; the STANDARD and ONE-OFF license (bus addresses and all other address groups), as well as the adhesive labels are each limited to one mailing. Licence-violating use obliges the user to payment of 10 times the address price current at the time of the violation of all in our database included bus addresses. Monitoring is carried out by means of control addresses.

The Publisher obtains, maintains and selects the addresses offered by him with the industry-standard care. However, the addresses provided by the contractor are subject to a constant change processes. Consequently, the addresses delivered to the contractor cannot always be entirely accurate or error-free. A standard margin of error of up to 5% on the supplied addresses cannot be ruled out, which is why the Publisher assumes no liability for the correctness of the addresses provided or information or the assignment of information to customer data records. In this respect, there is no defect of addresses and no claim for damages, replacement or reduction.

The Publisher and his vicarious agents are liable at contract initiation, contract performance or tort only for wilful intent and gross negligence. Liability for further damage, in particular for consequential damage is excluded, unless the Publisher acted intentionally or grossly negligently. If the Customer demands damages for non-performance in cases where performance has become culpably impossible or the contractual services have been completed badly, this can only be asserted to the amount of the invoice for the appropriate order. The limitation of liability does not apply if the Publisher or his vicarious agents act with intent or gross negligence.

Note: If customer data collected, stored or used for purposes of advertising, the rules of the BDSG (German Data Protection Act) (especially § 28) and the UWG (German Unfair Competition Act) (especially § 7) must be observed. The use of personal data of natural persons (also by individual entrepreneurs, single-shareholder Ltds, § 4 BDSG (German Data Protection Act)) is only permitted, if the person concerned has expressly previously agreed (§ 4 BDSG (German Data Protection Act)) or the law allows. Notwithstanding the above, the Customer's consent is required in line with the competition law, which must be granted via phone, SMS, fax or email in advance for advertising.
The specified contact details (telephone, email) are partly taken from public sources and therefore have no opt-in. The respective industrial entrepreneur is responsible for compliance with the legal provisions.

11. Terms and Conditions for events

The specific terms referred to in the relevant registration documents for trade fairs, congresses, workshops, seminars, study tours, lectures, etc. are binding after registration and validation (e.g. services, fees, cancellation, etc.) Representation of a registered participant is possible. A refund of the participation fee is only for general cancellation of the event. Claims for damages cannot result from the cancellation. Any changes to the programme for urgent reasons are reserved for the organiser.

12. Disclaimer for links

By the judgement of 12 May 1998 (case no. 312 O 85/98) - the District Court of Hamburg decided that liability for linking an external site to the owner's site is possible, unless the liability is expressly excluded:

Even though the Publisher has exercised great care in offering good quality links to the user, the Publisher nonetheless hereby declares that he accepts no responsibility for the content of linked sites and does not adopt the content in any way. This declaration applies to all links placed on the Publisher website. In no event is the Publisher responsible for the content of Internet sites referring to the Publisher. Also, the Publisher is unable to establish or verify references to themselves.

The Publisher also has no influence over how the information offered by the user is used, disclosed or can be changed and disclosed and as such cannot be held responsible for damages, lost benefits, or other direct or indirect consequences, which arise from the use of the offered information.
 

13. Data protection information 

 

 

 

Directly to the data protection information HUSS MEDIEN GmbH (Berlin) | HUSS VERLAG GmbH (München)

 

14. Place of performance and court of jurisdiction
Place of fulfilment for orders from the HUSS-VERLAG GmbH for commercial transactions is Munich, the place of fulfilment for orders from the HUSS Medien GmbH for commercial transactions is Berlin.

The court of jurisdiction for commercial transaction regarding orders from the HUSS-VERLAG GmbH is also Munich. The court of jurisdiction for commercial transactions regarding orders from the HUSS Medien GmbH is also Berlin.

The respective Publisher is also entitled to take legal action in the court that has jurisdiction for the domicile or subsidiary of the Customer.

15. Final provisions
(1) Deviations from these Terms and Conditions must be effected in the written form. The same applies to the waiver of the written form requirement.
The written form requirement does not apply if the Customer is a consumer.

(2) All rights on copyrighted works of the Publisher are reserved, especially reproduction, leasing, rental, proliferation, communication to the public or publication of the material supplied by the Publisher or its commercial use, either wholly or partially without the prior written permission of the Publishers is prohibited.

(3) If any provisions of these Terms and Conditions are invalid or lose their validity through yet unknown circumstances, the validity of the General Terms and Conditions shall remain unaffected. Invalid provisions must be replaced by mutual agreement with those such as may be suited to achieve the desired commercial purpose, taking into account the particular interests of both parties. The same applies to the filling of gaps in these Terms and Conditions. This does not apply if the Customer is a consumer.

(4) The contract is subject to German law, under exclusion of the UN Sales Convention.

(5) The language of the agreement is German.
 

Additional Terms and Conditions for magazines

Delivery is usually directly from the Publisher.

The purchase of magazines is continuous up to the written notice of termination, but can also be beyond the calculated period. If a cancellation is not submitted in time, the subscription extends automatically by one calendar year, unless otherwise agreed.

For magazines, a contract can only be terminated to the end of the year and notification must be received by the Publisher six weeks before the end of the calendar year. Cancellations will be confirmed by the Publisher. A refusal of acceptance of deliveries is not considered cancellation.

Subscription fees are due in advance. Payment for the magazines is upon receipt of the invoice, even if the publications for the preceding year are not yet complete. Non-payment does not mean the subscription has been cancelled.

Contacts for address changes, accounting, claims, complaints, cancellations and other communications are:

HUSS-VERLAG GmbH
Magazine sales
Joseph-Dollinger-Bogen 5
80807 München
Tel. 089/32391-0

HUSS-MEDIEN GmbH
Magazine sales
Am Friedrichshain 22
10407 Berlin
Tel. 030/42151-0

A change of address must be communicated at the earliest opportunity; the Publishers accept no liability for any magazines lost due to a delayed notification of change.

 


Additional Terms and Conditions for digital products

§ 1 Scope
The publishers HUSS-VERLAG GmbH and Huss Medien GmbH (hereinafter respectively called "the Publisher") these additional Terms and Conditions use for their digital products in addition to the general Terms and Conditions of the Publishers, as long as they do not contradict these terms and conditions. (www.huss-shop.de)

User rights to the digital products of the Publisher are granted. The provisions of this license agreement also apply to the updates that are made available to the user.

§ 2 Ownership of rights, granting of rights
(1) The user acknowledges that by digital products both a protection-enabled database system within the meaning of § 4 Paragraph 2, Sentence 1 of the UrhG (German Copyright Act) and protectable database within the meaning of § 87a Paragraph 1 of the UrhG (German Copyright Act) is meant. Furthermore, the user acknowledges that the Publisher is the "manufacturer" of the database within the meaning of § 87a, paragraph 2 of the UrhG (Copyright Act). The query software needed to use the database, if it is not already protected according to the provisions on database systems or databases, comes under the protection of the §§ 69a et sqq. of the UrhG (German Copyright Act) and also under the control of the Publisher. The manual is copyrighted according to § 2 UrhG (German Copyright Act).

(2) Upon payment of the purchase price, the Publisher grants for the duration of the term of the contract the user the simple, non-exclusive and transferable to third parties only pursuant to § 3, paid right to use the digital products in accordance with the contract provisions.

(3) The user is entitled to access the database in the manner described in the manual to search the database and to use the recovered data or documents for their own use. This includes the right to save or print the research results or the retrieved documents for their own research.

(4) The paid or unpaid conduct of research on behalf of third parties is only permitted with the express permission of the Publisher and only to the extent as is typical for individual research and the research results are solely for the use of the customer.

(5) The user is only entitled to make copies of the software insofar as this is necessary for contractual use. He is entitled to make a copy for backup purposes. Use of the research results beyond personal use in the form of data or database elements or recovered data or documents is not permitted, in particular the copying, storing, use of data to disclose to third parties or for commercial purposes.

(6) If the digital product is not a database but software (such as calculation program), it is governed by the product protection of the §§ 69a et seq. UrhG (German Copyright Act). The paragraphs (2) to (4) shall apply mutatis mutandis.

§ 3 Transfer
(1)The ownership or possession of the digital products may be transferred to someone else, provided that:

a) The installed software, and all data stored on the hard drive are deleted irrevocably; and

b) The receiver agrees with the provisions of these Terms and Conditions in writing; and

c) All contractual items with all accompanying written materials are transferred and

d) The transfer includes the last updated version (update) and all previous versions.

(2) Notwithstanding the above, disclosure of the addresses, offered in digital form by the Publisher in the framework of the bus addresses, is prohibited. In particular the addresses may not be leased, lent or sub-licensed, as long as this is not expressly permitted by the Publisher. Multiple licenses may be used within the specified framework, as described in the license agreements enclosed in the products.

§ 4 licenses
(1) The license agreed for digital products of the Publisher entitles the user to installation and operation on one monitor-based workstation. An individual agreement must be made for use on other workstations in a network.

(2) Licenses can be obtained by contacting the Publisher on:

Tel.: (089) 32391-319,
Fax: (089) 32391-416,
E-Mail: shop@huss-verlag.de.

(3) Installation is onto a workstation. The Publisher does not guarantee that the application will work in the network. It is a matter for the user, and the network administrator appointed by him, to install the programme and perform the updates accordingly.

(4) Providing access to the programme for persons who are outside the organisation of the user is inadmissible.

§ 5 Data protection
(1) The user is advised, in accordance with § 33 of the German Data Protection Law that the Publisher stores the personal data of the user in a machine-readable form and processes and uses the data within the framework of the purpose of the users existing contractual relationship. The intended use includes in particular the delivery and invoicing, activation and registration for the hotline.

(2) All data is treated confidentially. A transfer of data to third parties does not occur, unless necessary for the fulfilment of the purpose (e.g. supplier, service team)

(3) Customers have the right to ask the Publisher for information about their data (§ 34 BDSG (German Data Protection Act)). In addition, you are entitled to have your personal data rectified, deleted and blocked, in line with § 20 BDSG (German Data Protection Act).

(4) All information relating to the handling of user data is available under the data protection declaration of the Publisher (www.huss.de)

§ 6 Warranty and transfer of risk
The Publisher points out that for the current state of technology, it is not possible to ensure that software works flawlessly in all combinations and applications. The object of the contract is therefore only software which is basically usable in the sense of the description and use instructions. The Publisher makes no warranties, expressly or implied, with regard to the commercial quality or fitness for a particular purpose. However, the Publisher endeavours to remedy errors that occur with the help of updates within a reasonable period of time. The Publisher excludes all warranty and liability for software modified by the Customer. If the Customer is not a consumer, all deliveries are made at the cost and risk of the Customer.

§ 7 Liability
(1) The Publisher is liable for damages, regardless of the legal basis of liability, as well as for a lack of warranty information.

a) Without limiting the amount of damages for intent or gross negligence on the part of its legal representatives or management employees as well as for serious organisational faults

b) With limitation to foreseeable damages which might typically occur under the contract for the culpable violation of essential contractual obligations; for gross negligence or intent of his vicarious agents; for personal injury;
otherwise limited to the amount of the contractual compensation per claim.

(2) The Publisher shall in no event be liable for any loss of data, indirect, direct, special; incidental or consequential damages (including lost profit) or other damages, irrespective of whether these are based on contractual, criminal or another liability, insofar as an exclusion of liability is permitted by law. The Publisher is not liable for damages, insofar as the Customer could have prevented their occurrence by reasonable measures, in particular a backup of the programme and data. The provisions of these liability provisions also apply to the employees and other vicarious agents of the Publisher.

(3) Liability under product liability law remains unaffected.

§ 8 The Publisher reserves the right, at any time without prior notice, to change, update, modify or delete the digital products and their contents. For this reason, no claim can be derived from the Publisher.

Legal information for consumers:
The European Commission provides a platform for an out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/ ( ODR platform).
Please note that we do not participate in dispute resolution proceedings before a consumer arbitration board.

© Verlag HUSS-VERLAG GmbH and HUSS-Medien GmbH, as of 31.07.2012. Last modified on 01.02.2017