1.1 These General Terms and Conditions (“GTC”) apply to all contracts concluded through the online store (“Web Store”) operated by Wolke Produktion und Vertrieb UG (haftungsbeschränkt), as well as to the customer’s use of the Web Store.
1.2 These Terms and Conditions apply regardless of whether the customer is a consumer or a business.
1.3 Contracts are concluded—unless otherwise specified below—with the
Wolke Produktion und Vertrieb UG (haftungsbeschränkt)
Franz-Mehring-Platz 1
10243 Berlin
Germany
Managing Director: Patrick Becker
district court Berlin-Charlottenburg HRB 273121 B
(“Wolke”).
1.4 Any general terms and conditions of the customer that differ from, conflict with, or supplement these terms and conditions are expressly excluded. This applies even if Wolke does not expressly object to their inclusion.
2.1 Only individuals with full legal capacity and legal entities, such as companies, are authorized to use the online store and/or place orders.
2.2 The customer may register to use the online store free of charge. When registering and otherwise using the online store, the customer is obligated to provide the information necessary for the proper processing of the order—such as first and last name, shipping address, payment information, phone number, and email address—in a truthful, up-to-date, and complete manner. Knowingly providing false information may, in particular, result in civil and/or criminal liability on the part of the customer.
2.3 The customer shall not disclose their login credentials, shall keep them secure and inaccessible to unauthorized persons, and shall immediately notify Wolke in writing of any loss or disclosure. The customer is generally liable for all orders—including those placed in an abusive manner—made using their login credentials, to the extent that the customer is responsible for such use.
2.4 Wolke is entitled to engage third parties to perform its services. In doing so, Wolke will ensure that the third parties also comply with the obligations incumbent upon Wolke.
3.1 Through the online store, the customer may—where available—
a) buy printed books
b) purchase individual printed issues of newspapers, periodicals, or magazines (“printed periodicals”),
c) subscribe to print editions of newspapers, periodicals, and magazines (“print subscription”),
d) purchase books in digital form (“e-books”), or
e) Purchase or subscribe to newspapers, periodicals, and magazines in digital form (“e-magazines”) as single issues (“e-magazine single issue”) or as subscriptions (“e-magazine subscription”).
f) Buy merchandise (such as posters, stickers, jute bags, and beach chairs)
3.2 Wolke is always the customer's contractual partner with respect to the products and services mentioned above.
4.1 The mere presentation and promotion of products and services in the online store does not constitute a binding offer by Wolke to enter into contracts; rather, these are merely non-binding invitations to the customer to submit corresponding offers. Only the customer’s submitted order is considered a binding offer by the customer to Wolke to enter into a corresponding contract.
4.2 By submitting an order to Wolke through the online store by clicking the “Place Order” button, the customer submits a legally binding order and, thereby, a binding offer to enter into a contract.
4.3 Wolke will immediately confirm receipt of an order placed by the customer through the online store via email. This confirmation of receipt does not constitute a binding acceptance of the customer’s order or offer, unless acceptance is expressly stated in the confirmation of receipt. A valid contract between Wolke and the customer regarding the ordered products and services requires Wolke’s acceptance of the customer’s offer.
4.4 A contract is not formed until Wolke accepts the customer’s offer. Acceptance by Wolke may occur, for example, by sending a declaration of acceptance in the form of an order confirmation via email or—in the case of digital content—by sending the digital content via email or by activating the ordered digital content and sending the corresponding download link and activation code.
4.5 The customer may access the terms of the contract, including these Terms and Conditions, upon conclusion of the contract and save them in a reproducible format. Wolke stores the terms of the contract after the contract is concluded; however, for security reasons, the customer does not have access to them. However, the customer receives all order details, the terms of the contract, and the General Terms and Conditions in the order confirmation (see Section 4.3). The customer hereby consents to receiving this information via email.
4.6 Contracts made through the online store may only be concluded in German.
5.1 Wolke delivers products ordered by the customer—such as printed books, printed magazines, print subscriptions, or merchandise—to the shipping address provided by the customer. Wolke delivers only to addresses that are accessible by delivery services and are located within the delivery areas specified in the online store.
5.2 Wolke may charge the customer a shipping fee for the delivery of the products; the amount of this fee will be displayed to the customer before the order process is completed. The current shipping rates are listed on the Shipping & Payment page.
5.3 Before completing the ordering process in the online store, the system will indicate when the ordered product—or, in the case of a print subscription, the first printed issue available after the print subscription is completed—is expected to arrive at the specified shipping address. This date depends on the publication date and frequency of the respective product. Delivery times or dates specified in the online store or communicated otherwise are merely estimates. The exact delivery time may vary depending on the product ordered and the details of the order (e.g., order quantity, distance, time of day, etc.).
5.4 Regardless of the delivery time specified in the online store, products will be delivered to the customer only after payment for the ordered products and the shipping fee has been received. For print subscriptions, delivery will take place only after payment, including shipping fees, has been received for the period up to the next scheduled cancellation date.
5.5 Wolke retains title to the products until the customer has paid for them in full.
6.1 Wolke provides the Customer with the ordered digital content, such as e-books or e-magazines, either by allowing the Customer to download it as a file (e.g., a PDF file) via links sent to the Customer by email, or by sending the digital content directly to the Customer as a file via email. One download is permitted per purchased e-book or e-magazine; the limitation on the number of devices set forth in these Terms and Conditions applies regardless of this.
6.2 Wolke will provide the services described above only after receiving payment from the customer for the ordered digital content; in the case of e-magazine subscriptions, only after receiving the payment due for the period up to the next scheduled cancellation date.
6.3 The customer shall download the provided digital content—in the case of provision via a download link—immediately upon its provision and save it on end devices or data storage media at their own risk; the aforementioned restrictions regarding the number of downloads and end devices also apply in this regard. Wolke is only obligated to make the digital content available for download until the time of download, but for no longer than a reasonable period following its provision. Any provision of the content beyond this period is voluntary.
7.1 The customer may choose from the various payment methods offered in the online store. Wolke reserves the right to offer additional payment methods or to discontinue certain payment methods. The customer’s selection of a payment method during the ordering process is binding.
7.2 Currently, the customer may—provided such options are offered for a particular product—pay by bank transfer, via PayPal, by credit card through PayPal, or by means of a SEPA direct debit mandate issued by the customer at the time of ordering. In this context, Wolke is entitled to charge the customer’s bank account, credit card, or PayPal account upon acceptance of the customer’s order, specifically as a one-time payment in the amount of the applicable fee and, in the case of subscriptions, in the amount of the fee due for the respective period until the next regular cancellation date; if a subscription is not canceled, the same applies to subsequent periods until the next regular cancellation date, whereby Wolke will debit the customer’s account no earlier than the start of these periods.
7.3 The customer must truthfully provide the information required for the selected payment method. The customer shall ensure that the information provided or stored regarding payment methods remains accurate and up-to-date throughout the contractual relationship with Wolke. The customer shall promptly notify Wolke of any changes in this regard—such as changes to bank account information or credit card details—if such changes are necessary for the payment of orders already placed by the customer.
7.4 If the customer selects an online payment method, the payment may be processed by an external payment service provider that partners with Wolke. In this case, the customer’s card and/or account information may also be stored with the external payment service provider for future orders, provided the customer chooses to have this information stored and thereby gives their consent. The payment service provider’s terms and conditions may also apply in this context. Further information regarding the personal data collected in this process and its processing can be found in Wolke’s Privacy Policy.
7.5 All prices listed in the online store are gross prices and include the applicable statutory sales tax. The price applicable to the customer is the price in effect at the time the customer places the order. Wolke’s payment claims are due immediately, without prejudice to the customer’s statutory right of withdrawal.
7.6 Wolke is entitled to issue an invoice to the customer, specifically in writing, such as by email. Invoices from Wolke must be paid no later than two weeks after receipt of the invoice.
7.7 If the price of a product ordered as part of a subscription is subject to price regulation, the subscription price will automatically change when the retail price is officially adjusted.
8.1 The digital content provided by Wolke is generally protected by copyright. The customer is authorized to use such digital content only in accordance with the following provisions and the limitations set forth in applicable copyright laws.
8.2 Unless otherwise agreed, the Customer’s right of use includes the right to download digital content purchased as e-books or e-magazines, to store it on a device without any time limit, and to use it there without any time restriction. The Customer may use digital content only for personal purposes. If the Customer is a business, use is limited to professional information for the Customer’s own purposes; no right to use the content for broader business purposes (e.g., use on intranets or extranets, in press reviews, for content aggregation, or for commercial, freelance, journalistic, or other commercial purposes on behalf of a third party, such as a client of the customer) is granted. Applicable copyright restrictions remain unaffected by this provision.
8.3 The customer may not publicly reproduce or make publicly available the digital content provided by Wolke without Wolke’s prior consent (in writing or text form) and may reproduce the digital content only to the extent necessary for the use granted under these Terms and Conditions.
8.4 The Customer may not, without Wolke’s prior consent (in writing or in text form), transfer rights of use to the digital content provided by Wolke to third parties or grant sublicenses thereto. The transfer of digital content to third parties is permitted only if it is allowed under applicable mandatory legal provisions and if any legal requirements for such a transfer are met.
8.5 The customer may not edit or otherwise modify the digital content provided by Wolke, nor may the customer remove any copyright notices, trademarks, or other legal notices contained therein.
8.6 To the extent that the Customer has rights to further use the Customer’s work pursuant to mandatory provisions of applicable copyright laws, such rights shall remain unaffected.
9.1 If Wolke is unable to deliver or make available a printed book, printed magazine, or digital content—such as e-books or e-magazines—after the contract with the customer has been concluded, even though Wolke had entered into a corresponding purchase agreement with a publisher or other supplier prior to concluding the contract with the customer, and provided that Wolke is not responsible for the failure to deliver, Wolke is entitled to be released from its obligation to deliver or make the content available to the customer.
9.2 In this case, however, Wolke is obligated to notify the customer immediately of the unavailability of the printed book, printed magazine, or digital content and to promptly refund any payment the customer may have made.
10.1 With regard to gift certificates issued by Wolke for the online store, the terms and conditions for the gift certificates are governed by the respective gift certificate promotions. In the event of any conflict between the respective gift certificate terms and conditions and these Terms and Conditions, the gift certificate terms and conditions shall take precedence.
10.2 Unless Wolke’s coupon promotions have separate terms and conditions that differ from those set forth herein, the following generally applies to coupons: (i) Coupons cannot be combined with other discount promotions or other credits or rebates; (ii) Coupons cannot be applied retroactively.
10.3 The customer is not permitted to publish coupon codes from or related to Wolke on commercial websites or third-party sites, such as coupon sites, deal blogs, or forums. The same applies to any statements made by the customer on the aforementioned websites requesting that Wolke be contacted for the purpose of obtaining the coupon code. Coupon codes that are published or shared in violation of the aforementioned provisions will be deactivated by Wolke. Wolke reserves the right to cancel orders placed using such published or shared coupon codes at any time.
10.4 Vouchers, including any remaining balances, may not be redeemed for cash. The validity period of vouchers may not be extended, unless required by mandatory statutory provisions.
11.1 If the customer is a consumer, the customer generally has a right of withdrawal subject to the statutory requirements. According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their self-employed professional activities.
11.2 The customer has no right of withdrawal for that portion of the order that falls under the statutory exceptions to the right of withdrawal listed below.
Information on legal exceptions to the right of withdrawal and on the expiry of the right of withdrawal:
However, pursuant to Section 312g(2)(7) of the German Civil Code (BGB), the customer is not entitled to a right of withdrawal, among other things, for contracts for the delivery of newspapers, periodicals, and magazines (regardless of whether in print or digital format), with the exception of subscription contracts.
11.3 The customer’s right of withdrawal is governed by the statutory provisions and the rules set forth in detail in the following
(I) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day (in the case of a purchase contract, e.g., for the purchase of printed books or merchandise) on which you or a third party designated by you, who is not the carrier, took possession of the goods, or (in the case of a contract for the regular delivery of goods over a specified period of time, e.g., in the case of a subscription contract for printed magazines) on which you or a third party designated by you, who is not the carrier, took possession of the first goods, or (in the case of a contract for the delivery of digital content that is not delivered on a physical data carrier, e.g., in the case of the provision of an e-book, or in the case of a subscription contract for the delivery of digital content that is not delivered on a physical data carrier, e.g., in the case of the provision of digital content via an e-magazine subscription) from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us,
Wolke Produktion und Vertrieb UG (haftungsbeschränkt)
Franz-Mehring-Platz 1
10243 Berlin
Germany
Phone: +49(0)30-29784130
Email: shop@wolke-verlag.de
by means of a clear statement (e.g., a letter sent by mail or an email) about your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
(II) Consequences of revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheaper standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may (in the case of a purchase contract, e.g., for the purchase of printed books or merchandise items, or in the case of a contract for the regular delivery of goods over a specified period of time, e.g. in the case of a subscription contract for printed magazines) refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You have (in the case of a purchase contract, e.g., when purchasing printed books or merchandise items, or in the case of a contract for the regular delivery of goods over a specified period of time, e.g. in the case of a subscription contract for printed editions of magazines), you must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods (in the case of a sales contract, e.g., when purchasing printed books or merchandise items, or in the case of a contract for the regular delivery of goods over a specified period of time, e.g., in the case of a subscription contract for printed editions of newspapers or magazines). You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
– End of cancellation policy –
(If you wish to withdraw from the contract, please fill out this form and return it.)
To
Wolke Produktion und Vertrieb UG (haftungsbeschränkt)
Franz-Mehring-Platz 1
10243 Berlin
Germany
(You can also send the declaration to the following email address:)
Email: shop@wolke-verlag.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
______________________________
Ordered on (*)/received on (*) ______________________________
Name of consumer(s) ______________________________
Address of the consumer(s) ______________________________
Signature of the consumer(s) (only for paper notifications)
______________________________
Date
(*) Delete as appropriate
12.1 Contracts entered into with Wolke for ordered printed books, individual printed magazines, and merchandise items are primarily one-time purchase agreements that terminate upon fulfillment of the mutual contractual obligations, without the need for separate notice of termination. The same applies to contracts for e-books and individual issues of e-magazines.
12.2 Contracts between Wolke and the customer for print subscriptions or e-magazine subscriptions take effect upon the conclusion of the contract and remain in effect for an indefinite period.
12.3 Either party may terminate contracts as defined in the preceding section in accordance with the following provisions. For print subscriptions and e-magazine subscriptions, the notice period is one (1) month to the end of the month, unless a different notice period is specified during the ordering process before the order is placed. However, ordinary termination is not possible until the initial contract term of twelve (12) months has expired. Furthermore, ordinary termination is under no circumstances permitted before the end of the agreed billing period, as specified during the ordering process. The billing period begins upon conclusion of the contract and lasts for a maximum of two years.
12.4 Contracts for print subscriptions or e-magazine subscriptions shall in any case terminate automatically if the relevant publisher discontinues the product in question. In this case, Wolke’s obligation to deliver shall end upon delivery or provision of the last available issue, and the customer shall be released from any obligation to pay for the omitted issues.
12.5 The right to terminate the contract for cause in accordance with statutory provisions remains unaffected.
12.6 Any notice of termination must be in writing to be effective; however, the customer may also provide notice of termination by clicking the “Cancel Now” button, which can be accessed in the online store via the “Cancel Contracts Here” button.
12.7 The provisions of this section, “Term of the Agreement and Termination,” also apply in the event that the Customer places orders on behalf of third parties pursuant to these Terms and Conditions; however, only Wolke and the Customer may terminate the agreement in accordance with this section, not the third party.
12.8 In the event of the termination of a continuing contractual relationship with a customer, Wolke will refund the customer, on a pro rata basis, any fees already paid that correspond to the period during which the contract has been terminated.
12.9 If, in the case of a print subscription, not all printed issues published since the start of the contract could be delivered due to the publication schedule of the product and the publisher’s distribution, even though all published issues were billed and paid for by the customer, Wolke will deliver to the customer, after the print subscription ends, the corresponding number of additional current print issues free of charge, provided they are available (illustrative example: In the first year of the contract, 12 print issues were published, but only 11 could be delivered to the customer; in that case, the customer will receive one additional print issue after the subscription ends, namely the most recent print issue available at that time).
12.10 Wolke reserves the right, if there is evidence of prank orders, voucher abuse, or credit card fraud, to cancel or refuse to accept a customer’s orders at any time without providing a reason.
13.1 Wolke shall be liable for damages, regardless of the legal basis, in cases of willful misconduct or gross negligence, in cases of injury to life, body, or health, under the Product Liability Act, and for any warranties provided, in each case without limitation in accordance with statutory provisions. In other cases, particularly in cases of negligence less severe than gross negligence, Wolke shall be liable only in the event of a breach of a material contractual obligation—that is, an obligation whose fulfillment is essential for the proper performance of the contract concluded with the customer and on whose compliance the customer regularly relies and is entitled to rely (a so-called cardinal obligation)— and such liability is limited to compensation for foreseeable, typically occurring damages. Any liability on the part of Wolke beyond this is excluded.
13.2 Any strict liability on the part of Wolke under § 536a of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is also excluded.
13.3 Wolke shall not be liable for damages resulting from the fault of third parties or from interruptions in the availability of the online store for which Wolke is not responsible (e.g., technical problems with the Internet or UMTS transmission that are beyond the control of either party).
13.4 The foregoing limitations and exclusions also apply for the benefit of Wolke’s officers, representatives, employees, shareholders, and agents.
13.5 Wolke makes every effort to ensure that the online store is available to all customers at all times. Exceptions to this include temporary service interruptions due to routine maintenance, system-related disruptions to the Internet caused by third-party providers or network operators, and cases of force majeure. The customer therefore has no right to expect the online store to be available at all times without interruption. However, downtime due to maintenance work will be kept to an absolute minimum.
14.1 If Wolke’s failure to fulfill a specific obligation—in particular (but not exclusively) with respect to a delivery time—is attributable to events of force majeure—including those affecting Wolke’s suppliers and other service providers—the performance deadlines shall be postponed by the duration of such events, including a reasonable restart period. This also applies if the events of force majeure occur at a time when Wolke is already in default. Force majeure also includes war, terrorist attacks, pandemics, epidemics, natural disasters, or severe weather (e.g., snowstorms, black ice), government intervention, strikes, energy or raw material shortages, lockouts, accidents, operational disruptions, computer viruses, other malicious software, or intentional attacks on IT systems by hackers—provided that reasonable protective measures against such events have been taken in each case—or other occurrences that significantly impede or render the delivery (or other service) impossible.
15.1 Wolke may, where applicable, offer customers the option to order products and services on behalf of third parties, such as when they wish to give a product as a gift.
15.2 In this case, the customer places the order in its own name and at its own expense, provided, however, that a third party designated by the customer may demand performance from Wolke (a so-called “true contract for the benefit of a third party” pursuant to § 328(1) of the German Civil Code (BGB)). However, Wolke and the customer reserve the right to revoke or modify the third party’s right without the third party’s consent (Section 328(2) of the German Civil Code (BGB)).
15.3 In such cases, no contractual relationship is established between Wolke and the third party. However, the third party is entitled to download and use digital content only in accordance with the provisions set forth in these Terms and Conditions; print subscriptions or e-magazine subscriptions ordered for the third party may be managed (e.g., canceled) exclusively by the customer.
15.4 If the third party fails to accept Wolke’s performance for reasons not attributable to Wolke, this shall not affect the customer’s obligation to pay. If the third party waives its right vis-à-vis Wolke pursuant to § 333 of the German Civil Code (BGB), this shall likewise not affect the customer’s obligation to pay; in this case, the customer shall be entitled to perform under the contract in place of the third party.
16.1 The substantive law of the Federal Republic of Germany shall apply, excluding both the United Nations Convention on Contracts for the International Sale of Goods and any conflict-of-laws provisions that would refer to another legal system. This choice of law shall not affect the application of mandatory legal provisions of another European Union country in which a customer placing an order as a consumer has his or her habitual residence at the time of the order.
16.2 If the customer places an order as a merchant or is a public-law entity, the exclusive venue for all disputes arising from contractual relationships between the customer and Wolke is Berlin, Germany. In such a case, Wolke may also bring an action at the customer’s place of business. In all other respects, the applicable statutory provisions govern international and local jurisdiction.
16.3 There are no collateral agreements.
16.4 Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by the applicable statutory provision or, in the absence of such a provision, by a valid and enforceable provision that the parties would reasonably have agreed upon had they been aware of the invalidity or unenforceability. The same applies in the event of a gap in the provisions.
Wolke reserves the right to amend these Terms and Conditions from time to time, taking into account Wolke’s interests, provided that such changes are reasonable for the customer. Such changes shall take effect for customers with whom Wolke already has ongoing contractual relationships governed by these Terms and Conditions (e.g., current subscription agreements) under the following conditions: (i) The amendments do not unreasonably disadvantage the customer and do not contain any provisions regarding prices or the subject matter of the service owed that are disadvantageous to the customer; in particular, only linguistic corrections, clarifications, or precisions, as well as amendments necessitated by changes in the law or court rulings, are generally permitted; (ii) Wolke notifies these customers of the changes in writing at least four weeks prior to the effective date of the changes; (iii) Wolke indicates in the notification that the changes will take effect unless the customer objects, at least in writing, before the specified effective date; and (iv) Wolke does not receive any objection from the customer, declared at least in writing, within this period.
Wolke is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. Wolke is much more interested in resolving disputes with customers directly. To this end, customers can always contact customer service.
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