Conditions of Use

1.1. For all orders as well as the business relationship for the purchase of goods (e.g. printed works, software), the provision of services and the use of digital content (e.g. access to online databases, online portals and web-based applications) as well as for participation in seminars, training courses and prize draws, only the following General Terms and Conditions of the provider/ contracting party/ licensor shall apply, in the version valid at the time the order is placed.

1.2. The Additional Terms under Parts 2 to 7, which supplement the General Terms of Part 1, apply to individual products and contractual relationships.

1.3. Insofar as information in our product descriptions, in the ordering process or in our individual offer deviates from provisions of these General Terms and Conditions, such information shall take precedence.

1.4. Deviating, conflicting or supplementary General Terms and Conditions of the customer shall not become part of the contract unless the provider expressly agrees to their application.

1.5. If contractual services within the scope of the internet offer are evidently provided by cooperation partners or third parties, the respective General Terms and Conditions of such parties shall take precedence.

1.6. The rules of the German Publishers and Booksellers Association (Deutscher Buchhandel e.V.) do not apply.

2. Contracting Party, Customer Service

2.1. Unless expressly stated otherwise in the product description, the ordering process or our individual offer, the provider/ licensor and contracting party is

FORUM VERLAG HERKERT GMBH

Mandichostraße 18

86504 Merching

Telephone: +49 (0)8233 381-123

Fax: +49 (0)8233 381-222

E-mail: service(at)forum-verlag.com

You may also use these details to submit terminations.

2.2. For questions, complaints or other concerns regarding our offers or contracts with you, you can also reach our customer service:

Tel: +49 (0)8233 381-123 (Mon – Thu 8:00 a.m. – 5:00 p.m., Fri 8:00 a.m. – 3:00 p.m.)

E-mail: service(at)forum-verlag.com

The use of our customer service is generally free of charge; only the fees arising from your use of the means of remote communication apply.

3. Fulfilment of Our Information Obligations

We fulfil our statutory obligations in the case of contracts concluded off business premises and distance contracts, and inform you as follows:

3.1. The essential characteristics of the products and offers and all price information, including taxes and duties as well as shipping costs, together with the payment, delivery and performance conditions and information on the delivery date and on terms, minimum duration of obligations, termination conditions or automatic contract renewals, can be found in the respective product information and within the ordering process.

3.2. The identity of your contracting party, its address, telephone number, fax number and e-mail address can be found in Part 1 under item 2.1. as well as at any time in the legal notice (Impressum) on our website; you may also use this information for any complaint.

3.3. Information on the individual steps leading to the conclusion of a contract, on how, in the case of an order placed via our online shop, you can identify and correct input errors before submitting the contractual declaration, on whether the contract text is stored after conclusion of the contract and is accessible to the customer, as well as on the languages available for the conclusion of the contract, can be found in Part 1 under items 4 and 5.

3.4. Information on the existing statutory warranty rights can be found in Part 1 under item 9 as well as under the heading “Warranty” in the respective Additional Terms.

3.5. Information and instructions on the functionality of digital content (e.g. function, installation, navigation, etc.), including applicable technical protection measures for such content, as well as material restrictions on the interoperability and compatibility of digital content with hardware and software, can be found in the respective product information, within the ordering process and under the headings “Technical Requirements” and “Technical Availability” in the respective Additional Terms.

3.6. The conditions, time limits and information on the procedure for exercising the right of withdrawal pursuant to Section 355 (1) of the German Civil Code (Bürgerliches Gesetzbuch, BGB), as well as the model withdrawal form, can be found in Part 8 as well as in the corresponding “Withdrawal Instructions” section on our website.

3.7. Information regarding out-of-court complaint and redress procedures can be found in Part 1 under item 14 as well as at any time in the legal notice (Impressum) on our website.

3.8. Accessibility: We endeavour to provide our digital services in accordance with the requirements of the German Act Strengthening Accessibility (Barrierefreiheitsstärkungsgesetz, BFSG). Our offers are based on the technical requirements of EN 301 549 (corresponding to WCAG 2.1 – Level AA). Further information can be found at: shop.forum-verlag.com/barrierefreiheit.

4. Conclusion of the Contract

The presentation of goods, digital offers and other services (product) on the website or in other descriptions does not constitute a legally binding offer to conclude a contract, but rather serves to enable the customer to submit a binding offer.

A contract between the provider and the customer may be concluded via the website (item 4.1.) or following an individual request from the customer, e.g. by telephone, e-mail, fax or letter (item 4.2.).

There is no entitlement to the conclusion of a contract.

4.1. Conclusion of the Contract for Orders via Our Online Shop:

4.1.1 Once you have found the desired product, you can view it in more detail by clicking on the product name or the product image, and place it in the virtual shopping cart by clicking the “ADD TO CART” button, or reach the booking form by clicking the “REGISTER NOW” button. This process is non-binding.

4.1.2. You can view the contents of the shopping cart at any time, without obligation, by clicking the “VIEW CART” button, and remove the products displayed there from the cart by clicking the “Delete” button. If you wish to purchase the products in the cart, click the “CHECKOUT” button on the “Cart” page.

4.1.3. Before starting the ordering process, you can choose whether to create a customer account or to place an order simply by entering the necessary data. Fields that are optional are marked accordingly. During the ordering process, you can select a billing address that differs from the delivery address, as well as choose the shipping method and payment method. Finally, you will again be shown an order summary, in which the order as a whole, including all costs, is summarised once more. Here you can once again change the contents of your order by clicking the “Delete” button.

4.1.4. By clicking the “BUY NOW” button, you submit a binding offer to purchase the item(s) contained in the shopping cart (purchase offer/ order). We will confirm receipt of your order by e-mail without delay (confirmation of receipt). This confirmation of receipt does not yet constitute a binding acceptance of the order. A contract with us, and thus a contractual commitment regarding the individual products, only comes into existence once we have expressly accepted your offer within 3 working days of receipt of the order by sending an acceptance or order confirmation (usually by e-mail) and have confirmed the conclusion of the contract; otherwise the offer shall be deemed rejected and you are no longer bound by your offer.

4.2. Conclusion of the Contract via Individual Communication (e.g. by e-mail, fax or letter)

4.2.1. In the case of a telephone order, or orders by e-mail, fax or letter, the order for our products is placed within the form of communication chosen by the customer. For this purpose, the customer may submit a non-binding request for an offer to the provider by telephone, fax, e-mail, post or via the online contact form provided on the provider's website. Upon such request, the provider shall send the customer, in text form (e.g. by e-mail, fax or letter), a binding offer for the sale of the product previously selected by the customer from the provider's product range.

4.2.2. The customer may accept this offer by submitting a declaration of acceptance to the provider, received by the provider by telephone, fax, e-mail, post, or by paying the purchase price offered by the customer within the period specified in the offer (acceptance). The contract becomes effective upon acceptance.

4.2.3. The acceptance period begins upon receipt of the offer, whereby the day on which the offer is received is not counted when calculating the period. For acceptance by payment, the date of receipt of payment by the provider is decisive. If the customer does not accept the provider's offer within the aforementioned period, the provider is no longer bound by its offer and may dispose of the goods freely again.

4.3. Conclusion of the Contract in Case of Advance Payment (e.g. “PayPal”, “Direct Debit” or “Credit Card”)

Irrespective of our order or acceptance confirmation, a contract – and thus a contractual commitment regarding the individual services – is already concluded, for the payment methods “PayPal”, “SEPA direct debit” or “credit card”, once the customer has, after entering their payment details and any further data required for their identification, confirmed the payment instruction to the payment service provider or has issued a valid SEPA direct debit mandate to the provider.

5. Storage of the Contract Text, Contract Language

5.1. We store the contract text and send you the order data and our Terms and Conditions by e-mail or post. The Terms and Conditions can also be viewed at any time in their current version under the corresponding section of our website and can be saved or printed using your browser's functions. If the customer used a user account for the provider's website when placing the order, they can additionally view the contract text and all data relating to their order and their past orders there. Otherwise, order data is no longer accessible via the internet for security reasons.

5.2. German is the only language available for the order and as the contract language.

6. Prices and Payment, Default

6.1. The prices stated in the respective product description, the ordering process or our individual offer apply to the provider's services. The prices include the statutory value-added tax, unless net prices are stated to businesses. The total price for the ordered product results from the price of the product plus any applicable shipping costs, and, for deliveries abroad, additionally the flat-rate cost to be borne by the customer for import fees, customs duties or taxes.

6.2. Unless otherwise stated, the fees agreed at the conclusion of the contract are due for payment immediately upon conclusion of the contract, payable without deduction, and may be paid by choice via “invoice”, “PayPal”, “SEPA direct debit” or “credit card”. The provider reserves the right to offer only selected payment methods for selected products.

6.3. In the case of payment by invoice, the invoice amount is to be paid into the account specified on the invoice within the payment term noted on the invoice, from receipt of the goods and the invoice. In the case of payment in advance, the customer receives an invoice with the contract confirmation. The invoice amount is to be paid into the account specified on the invoice within 10 days of receipt of the invoice. In the case of payment by credit card, PayPal or SEPA direct debit, the account is charged upon conclusion of the contract. Further information and notes on the individual payment methods can be found under the corresponding “Payment Methods” section on our website.

6.4. In the event of the return or non-honouring of a direct debit, the customer hereby irrevocably authorises their bank to disclose their full name and current address to the provider.

6.5. If the customer defaults on payment, the provider is entitled to demand the statutory default interest pursuant to Section 288 BGB. For each reminder sent to the customer after default has occurred, a reminder fee of up to EUR 5.00 may be charged to the customer. The customer is free to prove that the provider incurred no costs or only significantly lower costs. If the provider can demonstrate that it has suffered higher damages caused by the default, the provider is entitled to assert such damages.

6.6. The customer agrees to receive the invoice as an electronic invoice (an invoice issued and received in an electronic format, e.g. as a PDF document) by e-mail. The provider may, at its own discretion, also send the invoice to the customer on paper.

7. Delivery and Shipping, Reservation of Self-Supply with Right of Withdrawal

7.1. Unless otherwise stated in the product description, the ordering process or our individual offer, products are delivered worldwide; within Germany at the latest within 10 working days, and outside Germany at the latest within 14 working days, to the delivery address specified by the customer. The period begins on the day after the conclusion of the contract and ends upon expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday officially recognised at the place of delivery, the next working day shall take the place of such a day.

7.2. The respective shipping costs as well as any flat rates for customs duties and fees are shown during the ordering process and under the corresponding “Shipping Costs” section on our website.

7.3. Digital content (e.g. e-papers, software) is generally delivered in the agreed format (e.g. as a .pdf file) by transmitting a download link or access data for the relevant publishing platform to the e-mail address provided by the customer, and by making it available for download. There are no delivery restrictions.

7.4. If not all ordered goods are immediately in stock, the provider is entitled to make partial deliveries, insofar as this is reasonable for the customer.

7.5. The conclusion of the contract is subject to correct and timely self-supply by our suppliers. However, this reservation applies only if we have concluded a congruent covering transaction with the supplier and are not responsible for any incorrect or non-delivery. In such a case, the provider will inform the customer without delay that the ordered goods are not available within the delivery period and will promptly reimburse the customer for any payments already made.

7.6. In the event of delivery disruptions due to force majeure (e.g. strikes, pandemics and lockouts), the performance obligations of the customer and provider are suspended for the duration of the delivery disruption.

7.7. If the customer purchases as a consumer, the risk of accidental loss and accidental deterioration of the goods in the case of a sale by dispatch passes to the consumer or to a recipient designated by the consumer upon handover of the goods. This applies irrespective of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover, or in the case of a sale by dispatch, upon delivery of the goods to the carrier or the person or institution otherwise designated to carry out the shipment.

8. Retention of Title and Rights, Copyright Protection

8.1. The delivered goods remain the property of the provider/ licensor until full payment has been made. For digital content, the corresponding rights of use are granted only on a revocable basis until the respective fees due have been paid in full.

8.2. Insofar as works within the meaning of the German Copyright Act are concerned, in particular newspapers, magazines, journals, books, e-books, e-papers, databases, software or parts thereof, all rights thereto remain with the provider, except for those rights expressly transferred by the provider to the customer or to which the customer is entitled by virtue of mandatory statutory provisions. The rights of third parties in the protected works remain unaffected.

8.3. Trademarks, company logos, other identifying marks or protective notices, copyright notices, serial numbers and other identifying features may not be removed or altered, either in electronic form or in printouts.

9. General Warranty

9.1. If the goods delivered or the digital content provided are defective, the statutory warranty provisions apply.

9.2. If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB applies to them. If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

10. General Liability Clause

10.1. The provider is liable to the customer for claims for damages or reimbursement of futile expenses, regardless of the legal basis (e.g. breach of contract, impossibility or tort), to the following extent:

10.1.1. unlimited liability in accordance with statutory provisions in cases of intent and gross negligence, fraudulent intent, within the scope of a given guarantee of quality and/or durability, in the absence of a warranted characteristic, in the event of injury to life, limb or health, for claims under the Product Liability Act, and for claims arising from fault in contract negotiations that had already arisen at the time these terms were incorporated;

10.1.2. liability for slight negligence is excluded unless the provider is subject to unlimited liability pursuant to item 10.1.1., or the damage results from a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract in the first place and on the observance of which the contracting party regularly relies and may rely (so-called cardinal obligations, e.g. performance and delivery in accordance with the contract). In the event of a breach of such a material contractual obligation, liability is limited to the damage that the provider had to typically expect to arise, based on the circumstances known at the time of conclusion of the contract. Damages not arising on the goods themselves, in particular loss of profit or other financial losses, are typically not compensated in such a case.

10.1.3. If the provider is in default with its performance, it is also liable without limitation for chance events in relation to such performance, unless the damage would also have occurred in the event of timely performance.

10.2. The above limitation of liability also applies to the liability of employees, representatives, executive bodies, vicarious agents and other third parties engaged by the provider for the fulfilment of the contract.

11. Limitation Period

Claims of the customer for material defects become time-barred one year after handover/delivery of the purchased item to the customer. This does not apply to defect claims of consumers, nor to claims for damages arising from injury to life, limb or health, and/or claims for damages arising from grossly negligent or intentionally caused damage by the provider. In these respects, the statutory limitation periods apply.

12. Prohibition of Assignment, Set-off and Retention

12.1. The assignment of rights under contracts for the purchase of goods, the provision of services and the use of digital content, as well as for participation in seminars and training courses, and the transfer of these contracts as a whole by the customer, require the prior written consent of the provider.

12.2. The customer is only entitled to a right of set-off if their counterclaims have been legally established or are undisputed.

12.3. The customer is only entitled to exercise a right of retention against the provider to the extent that their counterclaim is based on the same contractual relationship.

12.4. The restrictions under items 12.1. and 12.3. do not apply to consumers with regard to a monetary claim of the customer against the provider, nor to claims for reversal of the contract to which the customer is entitled following the exercise of their statutory right of withdrawal or within the scope of the warranty against the provider.

13. Subcontractors, Contract Assumption

13.1. The provider is entitled to engage third parties, in whole or in part, at any time in the provision of the agreed services.

13.2. Furthermore, the provider may transfer its rights and obligations under this contract to one or more third parties (contract assumption). In the event of a contract assumption, the customer is entitled to terminate the contractual relationship extraordinarily within 14 days of receipt of the notification. The right of termination for other reasons remains unaffected. Termination requires text form.

14. Alternative Dispute Resolution

We are legally obliged to inform you of our e-mail address. This is: service(at)forum-verlag.com. We endeavour to resolve any disputes arising from our contract amicably. Beyond this, we are not obliged to participate in a dispute resolution procedure and will decide on a case-by-case basis whether to participate in such a procedure.

15. Deviating Agreements in Individual Cases

Agreements between the provider and a customer that deviate from these Terms and Conditions require text form to be effective. This also applies to any waiver of this form requirement. Section 305b BGB remains unaffected.

16. Place of Jurisdiction and Applicable Law

16.1. The place of jurisdiction for all claims in connection with an order from merchants, legal entities under public law or special funds under public law is Augsburg.

16.2. The provider is also entitled to bring proceedings at the customer's general place of jurisdiction.

16.3. German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

17. Amendments to These Terms and Conditions

We are entitled, in the event of a change in market and competitive conditions, changes in statutory provisions or in the case law of the highest courts, to amend these Terms and Conditions at any time with effect for the future, without stating reasons, provided that this does not place an unreasonable burden on the customer.

18. Severability Clause (vis-à-vis Businesses)

Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining clauses. In such a case, the invalid or unenforceable provision shall be replaced by the parties with a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the event of a gap in the provisions.

Part 2: Additional Terms for the Purchase of Specialist Media (as print or digital edition)

1. Scope of Application

1.1. The following Additional Terms supplement the General Terms (Part 1) and apply to contracts for the (individual) purchase of printed works (e.g. magazines/journals, illustrated publications, books, loose-leaf collections) as a physical print edition or in digital form (e.g. e-books, e-papers).

1.2. For contracts for the regular delivery of printed works (“subscription”), the Additional Terms for Subscription Contracts (Part 5) apply in addition.

2. Availability

2.1. If certain printed works have not yet been published, the provider/ licensor will indicate an expected publication date on its website. In the event of an order, this will then be noted for the customer/ licensee. Delivery will take place as soon as the work becomes available for delivery, within 5 working days of publication. If the delivery of a work not yet published is delayed, the customer will be informed of the delay without delay. If the delivery is delayed by more than 30 days from the expected publication date stated at the conclusion of the contract, the customer is entitled to withdraw from the contract. Any payments already received will be refunded without delay.

2.2. In individual cases, it is possible that an offered printed work is out of stock and must be reprinted. In addition, individual works or content may be withdrawn, in particular if the provider no longer holds the necessary distribution rights or if there is reasonable suspicion that individual works or content infringe third-party rights or are otherwise unlawful. If, in the aforementioned cases, delivery of the ordered work to the customer is not possible within 30 days of the conclusion of the contract, both the provider and the customer are entitled to withdraw from the contract. Any payments already received will be refunded without delay.

3. Delivery/ Provision

3.1. Depending on the type of product chosen by the customer, the work is delivered as a print edition or made available in digital form.

3.2. Provision in digital form is generally made in the format agreed upon conclusion of the contract (e.g. as a .pdf file) by transmitting a download link or access data for the relevant publishing platform to the e-mail address provided by the customer, and by making it available for download in the version of the work current at the time of conclusion of the contract.

3.3. Due to maintenance and repair work as well as system updates, the availability of downloads may possibly be briefly restricted. The same applies to technical faults that are beyond the provider's control. Uninterrupted data backup and data availability are not guaranteed.

4. Technical Requirements for Provision in Digital Form/ Registration

4.1. Provision in digital form requires that the customer/licensee has provided the provider/ licensor with an e-mail address.

4.2. To retrieve the digital content made available for download, the customer requires access to the internet and an internet-capable device (e.g. smartphone or PC) with sufficient free storage space and, if applicable, installed software for viewing the content, with the help of which the customer can establish internet connections to external servers without restriction, retrieve the digital content and save it.

4.3. Prior registration by the customer may be required to retrieve and download the digital content. Registration requires an e-mail address and a freely chosen password. In this case, access to the digital content for the customer/licensee is only possible using this e-mail address and password. The customer may not disclose or make the password accessible to third parties and must keep it carefully to avoid misuse. The customer is obliged to inform the provider without delay if the password has been lost, or if the customer becomes aware that unauthorised third parties have gained knowledge of the password. The customer indemnifies the provider against all damages arising from misuse by third parties, unless such misuse is attributable to the fault of the provider.

4.4. Furthermore, the technical requirements and notes necessary for using the digital content are described in the respective product description.

5. Update Service

Unless otherwise stated in the product description, the ordering process or our individual offer, the customer automatically participates in the paid update service for loose-leaf collections. Updates are published in the event of legal and content-related changes. There is no obligation to accept updates.

6. Rights of Use

6.1. Upon payment of the agreed remuneration, the customer/licensee acquires the simple, unlimited right in time to use the contractual item for their own use in accordance with these General Terms and Conditions and any further licence terms of the licensor.

6.2. Further use – in particular the publication, reproduction, distribution or making available of content, whether free of charge or for a fee – is not permitted, unless this is absolutely necessary for use in accordance with the contract. The same applies to the removal of copyright notices and source references, as well as any other editing. However, uses permitted by law under the Copyright Act are not restricted and remain fully applicable for the avoidance of doubt.

6.3. The rights of use granted are non-transferable and may not be sublicensed, and are subject to full payment.

6.4. Transfer of the rights of use to third parties requires the prior consent of the licensor.

6.5. In all other respects, all rights to the licensed item remain with the provider or its licensors.

7. Warranty and Liability of the Provider

7.1. The provider warrants to the customer/ licensee that it holds, or has lawfully been transferred by third parties, all rights required for the distribution and use of the contractual item.

7.2. The provider applies the customary standard of care to be expected in the editorial preparation of the content. However, the provider can assume no liability whatsoever for the correctness, completeness, timeliness or quality of the information provided. Liability claims against the provider relating to damage of a material or immaterial nature caused by the use or non-use of the information provided, or by the use of incorrect or incomplete information, are generally excluded, provided there is no intentional or grossly negligent fault on the part of the provider.

7.3. The provider warrants that the product has the essential characteristics stated prior to submission of the order. Beyond this, the provider assumes no warranty whatsoever that the product meets the customer's needs.

Part 3: Additional Terms for the Purchase of Software

1. Scope of Application

1.1. The following Additional Terms supplement the General Terms (Part 1) and apply to contracts for the (individual) purchase of software products on a physical data carrier or for download.

1.2. The Additional Terms under (Part 4) apply to contracts for the use of web-based software applications.

2. Delivery/ Provision

2.1. Depending on the type chosen by the customer/ licensee, the software is delivered on a physical data carrier or made available for download in the version of the work current at the time of conclusion of the contract.

2.2. Provision for download is generally made by transmitting a download link or access data for the relevant publishing platform to the e-mail address provided by the customer.

2.3. Due to maintenance and repair work as well as system updates, the availability of downloads may possibly be briefly restricted. The same applies to technical faults that are beyond the control of the provider/licensor. Uninterrupted data backup and data availability are not guaranteed in this respect.

3. Technical Requirements / Registration

3.1. Provision for download requires that the customer has provided the provider/licensor with an e-mail address.

3.2. To retrieve the software made available for download, the customer/licensee requires access to the internet and an internet-capable device (e.g. smartphone or PC) with sufficient free storage space, with the help of which the licensee can establish internet connections to external servers without restriction, retrieve the download and save the subsequent installation.

3.3. Prior registration by the customer/licensee may be required for downloading the software. Registration requires an e-mail address and a freely chosen password. In this case, access to the download for the customer is only possible using this e-mail address and password. The customer may not disclose or make the password accessible to third parties and must keep it carefully to avoid misuse. The customer is obliged to inform the provider without delay if the password has been lost, or if the customer becomes aware that unauthorised third parties have gained knowledge of the password. The customer indemnifies the provider against all damages arising from misuse by third parties, unless such misuse is attributable to the fault of the provider.

3.4. Furthermore, the technical requirements and notes necessary for using the software are described in the respective product description.

4. Update Service

Unless otherwise stated in the product description, the ordering process or our individual offer, the customer automatically participates in the paid update service for software. Updates are published in the event of legal and content-related changes. There is no obligation to accept updates.

5. Rights of Use, Licenses

5.1. Upon payment of the agreed remuneration, the licensee acquires the simple, non-exclusive, unlimited right in time to use the software and the associated written material (licensed item) for their own use in accordance with these General Terms and Conditions and any further licence terms of the licensor.

5.2. The right to use the licensed item applies to the number of users/ workstation licences specified in the respective product description and selected by the licensee when placing their order. Unless otherwise stated in the product description, the ordering process or our individual offer, the customer/ licensee acquires a single-workstation licence enabling them to install and use the software on one computer workstation. Installing or using the software at multiple locations, e.g. via network servers, a company-internal intranet or similar technology, requires the purchase of additional licences.

5.3. Further use – in particular the reproduction, distribution or making available of the software or parts thereof, whether free of charge or for a fee – is not permitted, unless this is absolutely necessary for use in accordance with the contract. The same applies to the removal of copyright notices and source references, as well as any other editing. However, uses permitted by law under the Copyright Act are not restricted and remain fully applicable for the avoidance of doubt.

5.4. The rights of use granted are non-transferable and may not be sublicensed, and are subject to full payment.

5.5. Transfer of the rights of use to third parties requires the prior consent of the licensor.

5.6. In all other respects, all rights to the licensed item remain with the provider or its licensors.

6. Warranty and Liability of the Provider

6.1. The provider warrants that it holds, or has lawfully been transferred by third parties, all rights required for the distribution and use of the software.

6.2. The provider warrants that the software has the essential characteristics stated prior to submission of the order. Beyond this, the licensor assumes no warranty whatsoever that the software meets the customer's needs or is compatible with other programs used by the user.

6.3. In all other respects, the customer's rights due to defects are excluded to the extent that the customer makes or has made changes to the software without the provider's consent. Errors in the software attributable to faulty installation or missing configuration by the customer/ licensee/ user are likewise not covered by the warranty, nor are errors in the operating system or third-party products of the licensee/ user.

7. Technical Support

The provider offers the customer/licensee free telephone support via its hotline during the hours stated on its website. If this constitutes a service subject to data processing agreement regulations, the customer/licensee shall send the signed data processing agreement to the provider in advance. This ensures that data protection obligations are fulfilled.

8. Supplementary Provisions for Training and Instruction Software

In addition to item 5 of these Additional Terms, the customer/ licensee is additionally granted an unlimited, non-exclusive, non-sublicensable, non-commercial, site-bound demonstration right (extended right of use). If the licensee is active as a service provider carrying out training courses or instruction sessions for its customers, they may use the training or instruction software there for demonstrations. However, the licensee may not pass on the training or instruction software, or parts thereof, to third parties.

9. Supplementary Provisions for CME Learning Success Checks

9.1. The provider guarantees the certification option for continuing education proofs provided by the customer/ licensee by means of CME learning success checks for a period of 12 months from conclusion of the contract.

9.2. For any period beyond this, the provider/ licensor reserves the right to exclude the certification of CME points. This occurs, for example, if the product, or the examination based on it, no longer complies with current legal or scientific standards.

Part 4: Additional Terms for the Use of Digital Content and Functions on Online Databases, Online Portals and Web-Based Applications

1. Scope of Application

The following Additional Terms supplement the General Terms (Part 1) and apply to contracts for access to online databases and online portals of the provider/ licensor and the use of digital content and functions made available to the customer/ licensee there. Content/ functions within the meaning of this item are the texts, files or other digital information and components or elements of databases available on the databases and online portals, including web-based applications.

2. Scope of Services, Updates

2.1. The provider/ licensor enables the licensee, for the duration of the contract term, to access via a data network the content and functions available on its online databases and/or online portals in the respectively current version (licensed item), as well as the right to use them in accordance with these General Terms and Conditions and any further licence terms.

2.2. In all other respects, the agreed characteristics of the content/functions result from the respective product description applicable at the time of conclusion of the contract.

2.3 The licensor is entitled to continuously adapt the online database and online portals to current requirements. It therefore reserves the right to make changes to adapt the system to the state of the art, changes to optimise the system, in particular to improve user-friendliness, as well as changes to content and functions, insofar as the latter are necessary to correct errors, for updating and completion, for program-technical optimisation, or for licensing reasons. Insofar as such changes lead to a not merely insignificant restriction of the scope of services, the licensee may, at their option, demand a reduction in remuneration corresponding to the restriction that has occurred, or terminate the contract without notice within one month of notification of the material restriction. Termination requires text form. If the licensee does not exercise this right, the contract continues with the amended scope of services.

2.4. If the licensor makes such an adjustment to the content/ functions pursuant to item 2.3., the licensee's access and usage rights shall continue to apply only to the updated content/ functions. The licensor is not obliged to continue to provide previously published versions of the relevant content/ functionality.

3. Provision

3.1. Access to the content and functions available on the licensor's online databases and/or online portals is generally provided by transmitting the access data for the relevant publishing platform to the e-mail address provided by the customer.

3.2. Due to maintenance and repair work as well as system updates, the availability of downloads may possibly be briefly restricted. The same applies to technical faults that are beyond the control of the provider/licensor. Uninterrupted data backup and data availability are not guaranteed in this respect.

4. Trial Access

4.1. When ordering/granting a free trial access, a trial period begins. The customer may terminate the trial access informally, without notice, within the period specified in the product description from the provision of the access data. If no termination occurs, the contract is extended by the (minimum) term specified in the product description at the time of the order. The trial period is not taken into account when calculating the subsequent contract term.

4.2. The provider may restrict trial access to certain content/ functions.

4.3. Any statutory right of withdrawal remains unaffected.

5. Technical Requirements / Access

5.1. Provision of access requires that the customer has provided the provider/licensor with an e-mail address.

5.2. To access the provider's online databases and online portals and retrieve the content and functions stored there, the licensee requires access to the internet and an internet-capable device (e.g. smartphone or PC) and, if applicable, installed software for viewing the content, with the help of which the licensee can establish internet connections to external servers without restriction, and retrieve and, if applicable, save the content and functions provided there.

5.3. Access to the database and the online portal generally requires a password, using the access data assigned to the licensee. The access data must be kept confidential from unauthorised third parties. In particular, the customer is obliged to keep their user ID and password in such a way that access to this data by unauthorised third parties is impossible, in order to rule out any misuse of access by third parties. The customer is obliged to inform the provider without delay if the password has been lost, or if the customer becomes aware that unauthorised third parties have gained knowledge of the password. The customer indemnifies the provider against all damages arising from misuse by third parties, unless such misuse is attributable to the fault of the provider.

5.4. Furthermore, the technical requirements and notes necessary for accessing the provider's online databases and online portals and retrieving the content and functions stored there are described in the respective product description.

6. Technical Availability, Interruption of Service

6.1. Access to databases and online portals and their content and functions is generally available to the licensee 24 hours a day. Accessibility may be restricted for technical reasons, e.g. due to faults resulting from errors in the data transmission network, force majeure, or necessary maintenance and repair work.

6.2. The provider aims for an average availability of 99.5% per calendar year. The decisive factor is availability at the point of connection to the internet. When calculating downtime, the following periods are not taken into account:

6.2.1. downtime resulting from disruptions to the internet that are beyond the provider's control, or from other circumstances for which the provider is not responsible (e.g. force majeure, fault of third parties);

6.2.2. periods during which routine maintenance work, or maintenance work absolutely necessary to remedy faults, is carried out; and

6.2.3. periods resulting from the fact that the technical requirements for access, which the licensee is required to establish, are temporarily not met.

6.3. The provider endeavours, as far as possible, to carry out necessary maintenance and repair work outside of usual business hours (9:00 a.m. to 6:00 p.m.) and will, where possible, inform the licensee in advance of interruptions to service and their expected duration.

6.4. The licensor is entitled to withhold contractual services if:

6.4.1. work needs to be carried out on the server that cannot be carried out without an interruption of service, and the interruption is of insignificant duration;

6.4.2. the licensor is obliged to comply with an order of an authority or court that renders the provision of the service impermissible or impossible;

6.4.3. there is reasonable suspicion that the technical equipment of the licensee, or the licensee's use of the licensed item, poses or threatens a risk of damage to the licensor or third parties. This includes, in particular, the risk of the spread of viruses or overloading of the network due to improper use.

7. Rights of Use, Licenses

7.1. Upon payment of the agreed, due remuneration, the licensee acquires the simple, non-exclusive right, limited in time to the duration of the contract term, to access the provider's online databases and online portals, and to use the content and functions provided there for their own use, within the scope of the technical functionalities offered and in accordance with the scope of the agreed licence model and subject to the provisions contained in these Terms and Conditions or additional licence or usage terms.

7.2. Content for which the provider has made a download option available (e.g. e-papers, e-books), and which the licensee has stored on their own data carriers within the scope of contractual use, may continue to be used by the licensee even after the contract term has ended.

7.3. The right to use the licensed item applies to the number of users/ licences specified in the respective product description and selected by the licensee when placing their order, as well as the respective contract term. Unless otherwise stated in the product description, the ordering process or our individual offer, the licensee acquires a single-workstation licence enabling them to use the licensed item on one computer workstation. Using the licensed item at multiple computer workstations and/or via network servers or similar technology requires the purchase of additional licences.

7.4. Further use – in particular the reproduction, distribution or making available of the licensed item, its content/ functions or parts thereof, whether free of charge or for a fee – is not permitted, unless this is absolutely necessary for use in accordance with the contract. The same applies to the removal of copyright notices and source references, as well as any other editing. However, uses permitted by law under the Copyright Act are not restricted and remain fully applicable for the avoidance of doubt.

7.5. The rights of use granted are non-transferable and may not be sublicensed, and are subject to full payment.

7.6. Transfer of the rights of use to third parties requires the prior consent of the licensor.

7.7. In all other respects, all rights to the licensed item remain with the provider or its licensors.

7.8. Upon termination of the usage contract, the right of use/ access expires and the access data set up for the licensee/user is permanently blocked.

8. Payment, Billing Period

8.1. Unless otherwise stated in the product description, the order or our individual offer, the agreed remuneration for the entire (minimum) contract term is due for payment in advance.

8.2. In the event of an extension of the contract term, the provider is entitled to change the billing period to a different cycle, e.g. monthly billing.

9. Usage-Dependent Remuneration

9.1. Unless otherwise stated in the product description, the ordering process or our individual offer, the licensee pays a base fee for the provision of the licensed item. This base fee is independent of use and is therefore also payable if the licensee does not use the licensed item.

9.2. In addition, usage-dependent remuneration may be charged for the use of the licensed item, insofar as the customer was informed of this at the conclusion of the contract.

9.3. Usage-dependent remuneration incurred is billed in accordance with the price list applicable at the time of use, generally by invoice at the end of the month in which the chargeable use occurred.

10. Price Adjustment

10.1. The provider is entitled, at its reasonable discretion pursuant to Section 315 BGB, and obliged in favour of the customer, to adjust its prices with effect for the future in line with changing market conditions and in the event of significant changes in procurement costs or changes to value-added tax. Such adjustment includes price increases in the event of an overall increase in costs.

10.2. The provider is likewise entitled to adjust prices pursuant to Section 315 BGB if the licensed item is expanded with additional content after the conclusion of the contract. The adjustment is made to a reasonable extent, taking into account the nature and scope of the expansion.

10.3. For periods for which the customer has already made an advance payment, the remuneration agreed at the conclusion of the contract shall apply.

10.4. Notification of the price adjustment to the customer is made by invoice or by e-mail.

10.5. In the event of price increases, the customer is entitled to terminate the usage contract extraordinarily within 4 weeks of receipt of the notification. The termination becomes effective (if applicable, retroactively) as of the date of the announced price increase; the old price applies up to that point. The right of termination for other reasons remains unaffected. Termination of the contract requires text form.

11. Special Obligations of the Licensee/ User

11.1. The licensee is responsible for creating and maintaining, within their own sphere, the technical requirements for access to the database/ online portal, in particular with regard to the hardware and operating system software used, the connection to the internet and current browser software. The provider indicates on the website which browsers are currently supported.

11.2. In the event of further development of the database system, it is the licensee's responsibility to make the necessary adjustments to its own IT infrastructure after being informed by the provider.

11.3. The licensee must ensure adequate protection of the systems it uses against malicious software (e.g. viruses) and unauthorised access, in accordance with the respective current state of the art.

11.4. Neither the licensee nor the respective user may, by technical means or programs, systematically, automatically or without cause query, download, store, search or index content. In particular, the repeated and systematic retrieval of information from databases made available online that does not serve the agreed purposes of use is impermissible.

11.5. The licensee/ user undertakes to refrain from all measures that could jeopardise the IT security and stability of the licensor's systems; in particular, no information or data may be accessed without authorisation, nor may any interference occur with programs operated by the licensor or their operation, nor may unauthorised intrusion into the licensor's data networks occur or be facilitated, nor may network load be generated, insofar as such actions do not correspond to the contractual use of the agreed service.

11.6. Passing on the licensee's access data, beyond the agreed licence/ user scope, within its organisation or to external third parties is impermissible.

12. Blocking, Licensee's Liability for Damages in the Event of Contrary Use

12.1. If the customer is in default with an amount corresponding to their average payment obligation for two months, the provider is entitled to temporarily block the licensee's access.

12.2. If the licensor becomes aware of use contrary to the contract or misuse of the access data, or if such use or misuse is objectively to be feared, the licensor will inform the customer without delay and set a reasonable deadline for remedying the situation. After the deadline has expired, the licensor is entitled to block access (for the licensee as a whole or for individual workstations) until the suspicion has been cleared up. If there is a risk of not insignificant economic damage, the blocking may also take place before the deadline expires.

12.3. The licensee must compensate the provider for all damages incurred by the provider as a result of use contrary to the contract or improper use by the licensee or third parties, insofar as such damages could have been prevented by the licensee complying with its obligations under item 11 of these Additional Terms.

13. Contract Term and Termination

13.1. The term of the access and usage right granted is based on the term option specified in the product description or our individual offer and selected by the customer.

13.2. The term begins upon provision of the access data to the licensee and runs for the agreed (minimum) term. Insofar as the provider has granted the customer a free trial period, this is not taken into account when calculating a subsequent contract term.

13.3. Unless otherwise stated in the product description, our individual offer or the ordering process, the contract is extended, in the case of consumers, for an indefinite period after expiry of the agreed (minimum) term, and, in the case of businesses, for a further period corresponding to the initial minimum contract term, unless it has previously been terminated by one of the contracting parties.

13.4. Within the agreed or extended (minimum) term, the contract may be terminated with 2 weeks' notice to the end of the respective contract term.

13.5. Insofar as the contract has been extended for an indefinite period, the notice period is 2 weeks. For periods after the expiry of the notice period for which the customer has already made an advance payment, the provider will refund the customer the pro-rata amount.

13.6. The right of each contracting party to terminate the contract extraordinarily for good cause remains unaffected. The same applies to other rights of termination and/or withdrawal of the customer (e.g. in the event of price adjustments) as well as statutory rights of withdrawal.

13.7. Every termination requires text form.

14. Warranty and Liability of the Provider

14.1. The licensor warrants that it holds, or has lawfully been transferred by third parties, all rights required for the distribution and use of the licensed item.

14.2. The licensor warrants that the licensed item has the essential characteristics stated prior to submission of the order. Beyond this, the licensor assumes no warranty whatsoever that the software meets the customer's needs or is compatible with other programs used by the licensee.

14.3. In all other respects, the rights of the customer/ licensee due to defects are excluded to the extent that the customer/licensee makes or has made changes to the licensed item without the consent of the provider/ licensor. Errors in the licensed item attributable to faulty installation or missing configuration by the customer/ licensee/ user are likewise not covered by the warranty, nor are errors in the operating system or third-party products of the licensee/ user.

14.4. The provider/ licensor applies the customary standard of care to be expected in the editorial preparation of the content and functions. However, the provider/ licensor can assume no liability whatsoever for the correctness, completeness, timeliness or quality of the information provided. Liability claims against the provider/ licensor relating to damage of a material or immaterial nature caused by the use or non-use of the information provided, or by the use of incorrect or incomplete information, are generally excluded, provided there is no intentional or grossly negligent fault on the part of the provider/ licensor.

14.5. The provider/ licensor accepts no liability for disruptions to the accessibility of the database/ online portals, insofar as these are not due to intentional or grossly negligent conduct on the part of the provider/ licensor, e.g. because the cause of the disruption is beyond the provider's/ licensor's control. This includes, among other things, malfunctions of the telephone lines to the server on which the database/ the online portal is located, as well as power and server failures, insofar as the servers are not within the sphere of influence of the provider/ licensor.

15. Technical Support

The provider offers the licensee free telephone support via its hotline during the hours stated on its website. If this constitutes a service subject to data processing agreement regulations, the licensee shall send the signed data processing agreement to the provider in advance. This ensures that data protection obligations are fulfilled.

16. Supplementary Provisions for Training and Instruction Software

In addition to item 7, the customer/ licensee is additionally granted a demonstration right limited to the contract term, non-exclusive, non-sublicensable, non-commercial, site-bound (extended right of use). If the licensee is active as a service provider carrying out training courses or instruction sessions for its customers, they may use the training or instruction software there for demonstrations. However, the licensee may not pass on the training or instruction software, or parts thereof, to third parties.

17. Supplementary Provisions for CME Learning Success Checks

17.1. The provider guarantees the certification option for continuing education proofs provided by the customer/ licensee by means of CME learning success checks for a period of 12 months from conclusion of the contract.

17.2. For any period beyond this, the provider/ licensor reserves the right to exclude the certification of CME points. This occurs, for example, if the product, or the examination based on it, no longer complies with current legal or scientific standards.

Part 5: Additional Terms for Subscription Contracts

1. Scope of Application

1.1. The following Additional Terms supplement the General Terms (Part 1) and apply to (subscription) contracts for the regular delivery of print products (e.g. magazines/journals, illustrated publications, books, loose-leaf collections) as physical printed works or in digital form (e.g. e-books, e-papers).

1.2. The Additional Terms for the purchase of print products (Part 2) also apply in addition.

2. Scope of Services, Updates

2.1. In the case of subscription contracts for the delivery of print products, the provider makes available to the customer the issues published during the term of the contract, or the agreed (minimum) number of issues, in the agreed form and frequency of publication.

2.2. The provider keeps digital content made available for download accessible for the term of the contract. Content for which the provider has made a download option available (e.g. e-papers, e-books), and which the customer has stored on their own data carriers within the scope of contractual use, may continue to be used by the customer even after the contract term has ended.

3. Delivery, Provision

3.1. Delivery/provision depends on the frequency of publication of the respective print product and, unless otherwise stated at the time of the order, begins with the issue currently available at the time of conclusion of the contract.

3.2. Delivery/ provision takes place within 5 days of the publication date of the issue.

3.3. The customer is responsible for the non-delivery of issues resulting from a failure to notify, or a delayed notification of, a change of address or e-mail address. There is no right to redelivery in this respect.

4. Subscription Extras

4.1. Unless otherwise agreed, no entitlement to delivery of any subscription extras or premium items promised at the conclusion of the contract arises before receipt of full payment for the agreed minimum contract term.

4.2. Subscription extras and premium items are delivered within 2 weeks, subject to availability. Should an extra or premium item no longer be available, the provider reserves the right to deliver a reasonable substitute.

5. Trial Subscription

5.1. When ordering a free trial subscription, a trial period begins. The customer may cancel the trial subscription informally, without notice, within 2 weeks of receipt of the trial issue or the provision of the download link/access data. If no cancellation occurs, the contract is extended by the (minimum) term specified in the product description at the time of the order. The trial period is not taken into account when calculating the subsequent contract term.

5.2. The provider may restrict the trial subscription to certain content/ functions.

5.3. Any statutory right of withdrawal remains unaffected.

6. Payment, Billing Period

6.1. Unless otherwise stated in the product description, the order or our individual offer, the agreed remuneration for the entire (minimum) contract term is due for payment in advance.

6.2. In the event of an extension of the contract term, the provider is entitled to change the billing period to a different cycle, e.g. monthly billing.

7. Price Adjustment

7.1. The provider is entitled, at its reasonable discretion pursuant to Section 315 BGB, and obliged in favour of the customer, to adjust its prices with effect for the future in line with changing market conditions and in the event of significant changes in procurement costs or changes to value-added tax. Such adjustment includes price increases in the event of an overall increase in costs. For periods for which the customer has already made an advance payment, the remuneration agreed at the conclusion of the contract shall apply.

7.2. Notification of the price adjustment to the customer is made by invoice or by e-mail.

7.3. In the event of price increases, the customer is entitled to terminate the subscription contract extraordinarily within 4 weeks of receipt of the notification. The termination becomes effective (if applicable, retroactively) as of the date of the announced price increase; the old price applies up to that point. The right of termination for other reasons remains unaffected. Termination of the contract requires text form.

8. Adjustment of Publication Intervals and Editorial Design

8.1. The provider reserves the right to adjust or vary the publication interval of the printed work as well as its editorial design pursuant to Section 315 BGB. Furthermore, the provider reserves the right to substitute individual issues with special issues or thematic issues.

8.2. In the event of an increase in the publication frequency (e.g. fortnightly instead of originally monthly), the minimum subscription period of the subscription contract is shortened accordingly, so that the number of issues remains the same. In the event of a decrease in the publication frequency (e.g. every 2 months instead of originally monthly), the minimum subscription period is extended, so that here too the number of issues remains the same. However, the minimum subscription period will be extended to a maximum of 2 years.

8.3. Insofar as such changes lead to a material restriction of the scope of services, or are otherwise unreasonable for the customer, the customer is entitled to terminate the contract extraordinarily within one month of notification of the changes. The right of termination for other reasons remains unaffected. Termination requires text form.

9. Commencement of Contract, Contract Term and Termination

9.1. The term of the subscription contract is based on the term option specified in the product description or our individual offer and selected by the customer.

9.2. The term of subscription contracts for the supply of physical print products begins, unless otherwise stated at the time of the order, with the issue currently available at the time of conclusion of the contract.

9.3. The commencement of subscription contracts for the use of print products in digital form (e.g. e-paper, e-book) generally takes place at the time at which the download link or access data was transmitted to the customer/ licensee by the provider/ licensor.

9.4. Insofar as the provider has granted the customer a free trial subscription, this is not taken into account when calculating a subsequent contract term.

9.5. Unless otherwise stated in the product description, our individual offer or the ordering process, the contract is extended, in the case of consumers, for an indefinite period after expiry of the agreed (minimum) term, and, in the case of businesses, for a further period corresponding to the initial minimum contract term, unless it has previously been terminated by one of the contracting parties.

9.6. Within the agreed or extended (minimum) term, the contract may be terminated with 2 weeks' notice to the end of the respective contract term.

9.7. Insofar as the contract has been extended for an indefinite period, the notice period is 2 weeks. For periods after the expiry of the notice period for which the customer has already made an advance payment, the provider will refund the customer the pro-rata amount.

9.8. The right of each contracting party to terminate the contract extraordinarily for good cause remains unaffected. The same applies to other rights of termination and/or withdrawal of the customer (e.g. in the event of price adjustments) as well as statutory rights of withdrawal.

9.9. Every termination requires text form.

Part 6: Additional Terms for Seminars, Events and Courses

1. Scope of Application

The following Additional Terms supplement the General Terms (Part 1) and apply to the booking and participation in events, seminars, online continuing education, distance learning courses and in-house events.

2. Scope of Services

2.1. Upon payment of the agreed participation fees, the participant acquires the right to take part in the event. In all other respects, the scope of the contractual service results from the booking confirmation and, where applicable, the respective information documents and registration forms for the event.

2.2. Unless otherwise stated in the product description, in the ordering process or our individual offer, the agreed price includes participation in the event as well as the accompanying event materials in digital form. Services beyond this are owed only insofar as they have been expressly agreed.

2.3. If the participant does not make use, in whole or in part, of the service duly offered by the organiser, there is no entitlement to a refund of participation fees.

3. Technical Requirements for Digital Events

3.1. The technical requirements for participation in digitally conducted events are generally unproblematically met by any common hardware device. In principle, the participant requires access to the internet and an internet-capable device (e.g. smartphone or PC) on which a current browser and, if applicable, a common online meeting software/app is installed, with the help of which the participant can establish internet connections to external servers without restriction.

3.2. Further technical details, in particular which software applications are required for participation in the event, will be communicated to the participant with the registration confirmation or together with the access data required for participation.

4. Reservation of the Right to Make Changes

4.1. The provider is entitled to make minor changes to the content and/or organisation of the event, provided that such changes are necessary and reasonable and that the subject matter of the event is not materially restricted as a result. For good cause (e.g. illness), the provider is entitled to deploy a different, equally qualified speaker on the date of the event, deviating from the event program. Where possible, the participant will be informed of the respective changes in good time.

4.2. Insofar as a change made by the provider within the meaning of item 4.1. is unreasonable, the participant is entitled to terminate the contract. Termination requires text form. Termination is excluded once the event has begun.

5. Cancellation/ Rebooking by the Organizer

5.1. If the organiser is unable to hold the event due to force majeure, for good cause, or because the minimum number of participants specified in the event description/booking confirmation is not reached, the participant will be informed immediately at the contact address specified upon registration. At the participant's request, the organiser will rebook the participant to another available event date or another event, or credit the participation fees received. There are no costs for the participant for this rebooking.

5.2. Should no replacement date be available within a period of 12 months, or should a rebooking not be desired by the participant for other reasons, the credited participation fee will be refunded to the participant without delay.

5.3. Further claims by the participant, in particular claims for damages (including cancellation fees for travel or hotel costs), are excluded, unless the organiser or its vicarious agents are guilty of intent or gross negligence with regard to the reason for cancellation.

6. Event Materials/ Rights of Use

6.1. All rights to the event, as well as the event materials made available and/or published by the provider/the speaker for the event (e.g. presentations, scripts, videos, images, audio recordings), including name and title rights as well as logos and labels, are protected by copyright and may not be reproduced or distributed without the provider's consent.

6.2. Insofar as it is absolutely necessary for the provision of the contractual service, the provider however grants the participant a simple, non-exclusive, non-transferable and non-licensable right of use for their own personal use. Any other reproduction, distribution, making publicly available, editing or commercial use of event materials or parts thereof to third parties requires the prior written consent of the provider.

7. Consent to Photo and Video Recordings

7.1. The participant may only make and publish their own photo, audio and video recordings with the organiser's prior written consent.

7.2. The participant agrees that the organiser may make photo, audio and video recordings of the event, on which the participant may also be visible incidentally, and use such recordings free of charge in all current and future media, including audiovisual media, in particular to reproduce, broadcast or otherwise publish them beyond the mere reporting of a current event, for documentation, reporting or advertising purposes for the provider's products.

7.3. The participant may revoke their consent at any time, informally, vis-à-vis the organiser, without this affecting their entitlement to the contractually agreed services.

8. Code of Conduct

The participant is obliged to comply with the house rules applicable at the event or at the venue, if any. In the event of gross violations of the house rules and serious misconduct, or in the event of disruption of the event, the participant may be excluded from the event by the event manager after having been given a warning. In this case, the participant has no entitlement to a refund of fees paid.

9. Further Provisions for Open Events, Seminars and Online Continuing Education

9.1. Withdrawal

9.1.1. Withdrawal from a booked event, seminar or online continuing education course is possible. The receipt of the declaration in text form by the organiser is decisive for the timeliness of the withdrawal.

9.1.2. In the event of withdrawal, the following withdrawal fee (net) is charged:

- Up to 28 days before the start of the event: EUR 50.00.

- From 27 days to 15 days before the start of the event, or for participants already rebooked: 50% of the event fee (but at least EUR 50.00).

- 14 days or less before the start of the event: 100% of the event fee. This also applies in the case of non-attendance.

- For on-demand events without a fixed start date, receipt of the access data is deemed to be the start of the event. This is generally sent immediately after booking. From this point on, the full event fee is charged.

9.1.3. The customer reserves the right to prove that no damage, or lower damage, was incurred, or that there was no reduction in value.

9.1.4. The right to termination for good cause or for other reasons, as well as the exercise of a statutory right of withdrawal, remains unaffected.

9.2. Rebooking by the Participant

9.2.1. If a booked date cannot be attended by the participant for good cause, the organiser will, at the participant's request, rebook the participant at any time to another available event date or another event. Rebookings must be notified to the organiser in text form and are only possible before the start of the event.

9.2.2. In the event of a rebooking, the following fee (net) is charged:

- Up to 28 days before the start of the event: free of charge

- 27 days or less before the start of the event: 10% of the event fee (but at least EUR 50.00, at most EUR 200.00)

For rebookings notified to the organiser after the event has started, we charge 100% of the event fee. The receipt of the declaration in text form by the organiser is decisive for the calculation of the deadline.

9.2.3. Should no replacement date be available within a period of 12 months for the originally booked event, or should a rebooking not be possible for other reasons, the entitlement to rebooking lapses and the participant is obliged to pay the agreed participation fee.

9.2.4. The customer reserves the right to prove that no damage, or lower damage, was incurred, or that there was no reduction in value.

9.3. Representation

Insofar as the registered participant is personally unable to attend the event, the customer may name a representative to attend the event in their place. The nomination of a representative must be made in text form, requires the prior consent of the provider, and is otherwise free of charge.

10. Further Provisions for Distance Learning Courses (Minimum Term and Termination Conditions)

10.1. The term of the contract corresponds to the duration of the course.

10.2. The participant may terminate the distance learning contract, without stating reasons, for the first time as of the end of the first half-year after conclusion of the contract with six weeks' notice, and thereafter at any time with three months' notice. The right of the organiser and the participant to terminate the contract for good cause remains unaffected.

10.3. Termination requires text form.

10.4. In the event of termination, the participant is only required to pay the portion of the remuneration that corresponds to the value of the organiser's services provided during the term of the contract.

11. Further Provisions for In-House Events at the Customer's Premises

11.1. Withdrawal

11.1.1. Withdrawal from a booked in-house event is possible at any time. The receipt of the declaration in text form by the organiser is decisive for the timeliness of the withdrawal.

11.1.2. In the event of withdrawal, the following withdrawal fee (net) is charged:

- up to 4 weeks (28 days) before the start of the event: EUR 200.00

- up to 15 days before the start of the event: 60% of the event fee

- 14 days or less before the start of the event: the full event fee.

11.1.3. The customer reserves the right to prove that no damage, or lower damage, was incurred, or that there was no reduction in value.

11.1.4. The right to termination for good cause or for other reasons, as well as the exercise of a statutory right of withdrawal, remains unaffected.

11.2. Rebooking / Change of Date

11.2.1. If a booked event date cannot be attended by the customer for good cause, the organiser will, at the customer's request, rebook the event date at any time to another available date. The receipt of the declaration in text form by the organiser is decisive for the timeliness of the rebooking.

11.2.2. In the event of a rebooking, the following rebooking fee (net) is charged:

- up to 4 weeks (28 days) before the start of the event: EUR 200.00

- up to 15 days before the start of the event: 50% of the event fee

- 14 days or less before the start of the event: 80% of the event fee

11.2.3. The new date should be set within three weeks of notification of the rebooking. It may be no more than 12 months from the originally agreed event date. Once a rebooking has been made, the deadlines apply again.

11.2.4. Should no replacement date be available for the originally booked event, or should a rebooking not be possible for other reasons, the entitlement to rebooking lapses and the participant is obliged to pay the agreed event fee.

11.2.5. The customer reserves the right to prove that no damage, or lower damage, was incurred, or that there was no reduction in value.

12. Further Provisions for campus.akademie-herkert.de

12.1. Upon successful completion of a certificate examination on campus.akademie-herkert.de, the participant receives a certificate issued by the provider (institute certificate) in digital form, unless otherwise stated. The certificate is made available to the participant in digital form on the relevant portal for a period of one year. The one-year period begins at the time the certificate is made available to the participant on the portal.

12.2. The examination performance, examination documents and the results of the participant's self-assessment tests are archived by the provider for two years and then deleted. The archiving period begins at the time the examination result is made available to the participant.

Part 7: General Terms of Participation for Prize Draws

1. Participation in the prize draw is free of charge and voluntary. Employees of the respective sponsor companies, of the Forum Media Group, and persons entrusted with conducting the prize draw, their relatives, as well as persons under the age of 18, are not eligible to participate.

2. Each participant may only register once to participate in the prize draw. The prize draw organiser reserves the right to exclude persons who gain advantages through manipulation from participation in the prize draw (including retroactively).

3. Registration for the prize draw is possible up to the date specified in the respective terms of the draw. No liability is assumed for technical faults during registration. Receipt by the prize draw organiser is decisive for meeting the deadline.

4. By registering for the prize draw, the participant consents to the disclosure of their personal data to the sponsors of the prize draw. The participant of the prize draw may revoke their consent at any time, informally, vis-à-vis the organiser, without this affecting their participation in the prize draw.

5. Prize entitlements are non-transferable. Should participation by the winner not be possible for legal or factual reasons, or be improper within the meaning of these provisions, or should the winner fail to respond to the prize notification within 21 days, the prize will be forfeited and a substitute winner will be drawn.

6. Recourse to legal action is excluded.

Part 8: Withdrawal Instructions and Model Withdrawal Form

1. Explanations

1.1. When concluding a contract away from our business premises, in particular contracts concluded by telephone, internet or other means of telecommunication, you, as a consumer, are entitled to a right of withdrawal, of which we inform you upon conclusion of the contract in each case. Please note that you are only entitled to withdraw if you conclude the contract as a consumer, i.e. for private purposes and not in connection with a commercial or other professional activity.

1.2. For distance learning contracts, you are entitled to the right of withdrawal even if you are not a consumer.

1.3. The applicable withdrawal instructions depend on the content and type of contract concluded with us.

2. Exclusion/ Lapse of the Right of Withdrawal

2.1. Irrespective of the above provisions, the right of withdrawal is excluded for:

contracts for the supply of goods which are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer,
contracts for the supply of audio or video recordings or computer software in sealed packaging, if the seal has been removed after delivery,
contracts for the supply of newspapers, periodicals and magazines in physical form, with the exception of subscription contracts, Section 312g BGB.

2.2. In the case of contracts for the acquisition/receipt of digital content (Section 327 (2), sentence 1 BGB) that is not supplied on a physical data carrier, the right of withdrawal lapses if the consumer has expressly agreed, before performance of the contract begins, that the provider may begin performance of the contract before the withdrawal period has expired, and has confirmed their knowledge that, by giving such consent, they lose their right of withdrawal once performance of the contract has begun.

3. Withdrawal Instructions

3.1 Withdrawal Instructions for the Purchase of Goods

Withdrawal Instructions

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the last goods or the last partial shipment.

To exercise your right of withdrawal, you must inform us (FORUM Verlag Herkert GmbH, Mandichostraße 18, 86504 Merching, Germany, telephone: +49 (0)8233 381-123, fax: +49 (0)8233 381-222, e-mail: service(at)forum-verlag.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.

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 fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such repayment.

We may withhold reimbursement until we have received the goods back or until 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 fourteen 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 fourteen days has expired. You will bear the direct cost of returning the goods.

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

End of Withdrawal Instructions

3.2. Withdrawal Instructions for the Acquisition of Digital Content (e.g. downloads or e-papers)

Withdrawal Instructions

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

Effects of withdrawal:

End of Withdrawal Instructions

3.3. Withdrawal Instructions for Subscription Contracts

Withdrawal Instructions

Right of withdrawal:

Effects of withdrawal:

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

End of Withdrawal Instructions

3.4. Withdrawal Instructions for Services

Withdrawal Instructions

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us (FORUM Verlag Herkert GmbH, Mandichostraße 18, 86504 Merching, Germany, telephone: +49 (0)8233 381-123, fax: +49 (0)8233 381-222, e-mail: service(at)forum-verlag.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory. 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 requested that the services should begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of Withdrawal Instructions

3.5. Withdrawal Instructions for Distance Learning Contracts

Withdrawal Instructions

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you (or a third party named by you who is not the carrier) took possession of the first distance learning material. To exercise your right of withdrawal, you must inform us (FORUM Verlag Herkert GmbH, Mandichostraße 18, 86504 Merching, Germany, telephone: +49 (0)8233 381-123, fax: +49 (0)8233 381-222, e-mail: service(at)forum-verlag.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory. 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:

You shall send back the distance learning material or hand it over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the distance learning material before the period of fourteen days has expired. You will bear the direct cost of returning the distance learning material.

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

End of Withdrawal Instructions

4. Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

FORUM Verlag Herkert GmbH, Mandichostraße 18, 86504 Merching, Germany,

Fax: +49 (0)8233 381-222,

E-mail: service(at)forum-verlag.com

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/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

(*) Delete as applicable