1.1TheseGeneral Terms and Conditions ("GTC") apply to all contracts concluded via the online store ("web store") operated by Wolke Produktion und Vertrieb UG (haftungsbeschränkt), as well as to the use of the web store by the customer.
1.2TheseGeneral Terms and Conditions apply regardless of whether the customer is a consumer or an entrepreneur.
1.3 Unless otherwise specified below,contractsare concluded with the
Wolke Production and Distribution UG (haftungsbeschränkt)
1 Franz-Mehring-Square
10243 Berlin
Germany
Managing Director: Patrick Becker
district court HRB 273121 B
("Cloud").
1.4Any deviating, conflicting, or supplementary general terms and conditions of the customer shall expressly not apply. This shall also apply if Wolke does not expressly object to their inclusion.
2.1 Only persons with full legal capacity and legal entities, such as companies, are entitled to use the online store and/or place orders.
2.2Thecustomer can register to use the web shop free of charge. When registering and otherwise using the web shop, the customer is obliged to provide the information necessary for the proper processing of the order, such as first and last name, delivery address, payment details, telephone number, and email address, truthfully, accurately, and completely. Deliberately providing false information may result in civil and/or criminal liability on the part of the customer.
2.3Thecustomer shall not disclose their access data, shall keep it secure and inaccessible to unauthorized persons, and shall notify Wolke immediately in writing of any loss or disclosure. The customer is generally liable for all orders, including fraudulent orders, placed using their access data, insofar as they are responsible for this.
2.4Wolkeis entitled to use third parties to perform its services. In doing so, Wolke will ensure that the third parties also comply with the obligations incumbent upon it.
3.1Throughthe web shop, the customer can—if available—
a) buyprinted books
b) purchaseindividualprinted editions of newspapers, journals, or magazines ("printedperiodicals"),
c) subscribe toprintededitions of newspapers, journals, and magazines ("print subscription"),
d) purchasebooksin digital form ("e-books"), or
e) Purchase or subscribe tonewspapers, journals, and magazines in digital form ("e-magazines") as single issues ("e-magazine single issue") orsubscriptions ("e-magazine subscription").
f) Purchasemerchandise items(such as posters, stickers, jute bags, deck chairs)
3.2 Wolke is alwaysthecustomer'scontractual partnerwith regard to the above-mentioned products and services.
4.1Themere provision and advertising of products and services in the online store does not constitute a binding offer by Wolke to conclude contracts, but is merely a non-binding invitation to the customer to submit corresponding offers. Only the customer's submitted order is considered a binding offer by the customer to Wolke to conclude a corresponding contract.
4.2Bysubmitting an order to Wolke via the web shop by clicking on the "Place order" button, the customer submits a legally binding order and thus also a binding offer to conclude a contract.
4.3Wolkewill immediately confirm receipt of an order placed by the customer via the web shop by email. This confirmation of receipt does not constitute a binding acceptance of the order or the customer's offer, unless the confirmation of receipt also expressly states acceptance. A valid contract between Wolke and the customer regarding the ordered products and services requires Wolke's acceptance of the customer's offer.
4.4Acorresponding contract is only concluded when Wolke accepts the customer's offer. Acceptance by Wolke can take place, for example, by sending a declaration of acceptance in the form of an order confirmation by email or—in the case of digital content—by sending the digital content by email or by activating the ordered digital content and sending the corresponding download link and activation code.
4.5Thecustomer can access the contractual provisions, including these General Terms and Conditions, upon conclusion of the contract and save them in a reproducible form. Wolke saves the contractual provisions after conclusion of the contract; however, for security reasons, the customer has no access to them. However, the customer receives all order data, the contract content, and the GTC in the confirmation of receipt (see section 4.3). The customer hereby agrees to the transmission by email.
4.6Contractsvia the online store can only be concluded in German.
5.1Wolkedelivers products such as printed books, printed magazines, print subscriptions, or merchandise items ordered by the customer to the delivery address specified by the customer. Wolke only delivers to addresses that can be reached by delivery services and are located within the delivery areas specified in the online store.
5.2Forthe delivery of products to the customer, Wolke may charge the customer a delivery fee, the amount of which will be displayed to the customer before the order process is completed.
5.3Beforecompleting the order process in the online store, the estimated delivery date of the ordered product or, in the case of a print subscription, the first printed magazine available after the print subscription has been completed, will be specified at the specified delivery address. This date depends on the publication date and frequency of the respective product. Delivery times or delivery dates specified in the web shop or communicated elsewhere are only 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 stated in the online store,theproducts will onlybe deliveredto the customer after receipt of payment from the customer for the ordered products and the delivery fee. In the case of print subscriptions, delivery will only take place once payment has been received, including delivery fees, which are payable for the period until the next regular cancellation date.
5.5Wolkeretains ownership of the products until the customer has paid for them in full.
6.1Wolkeprovides the customer with the ordered digital content, such as e-books or e-magazines, by allowing the customer to download it as a file (e.g., PDF file) via links sent to them by email, or by sending the digital content directly to the customer as a file via email. One download is possible per purchased e-book or e-magazine; the restriction on the number of end devices in accordance with these General Terms and Conditions applies independently of this.
6.2Theabove-mentioned provision by Wolke shall only take place after receipt of payment from the customer for the ordered digital content; in the case of e-magazine subscriptions, only after receipt of the payment due for the period until the next regular termination date.
6.3Thecustomer shall download the digital content provided—in the case of provision via download link—immediately after it has been made available and save it on end devices or data carriers on their own responsibility; the aforementioned restrictions regarding the number of downloads and end devices shall also apply in this respect. Wolke is only obliged to make the digital content available for download until the time of download, but for a reasonable period of time from the time of provision at the latest. Any provision of the content beyond this is voluntary.
7.1Thecustomer can choose between the different payment methods offered in the online store. Wolke reserves the right to offer additional payment methods or to discontinue certain payment methods. The payment method selected by the customer during the ordering process is binding.
7.2Currently, the customer can pay—if offered for a product—by bank transfer, PayPal, credit card via PayPal, or by means of a SEPA direct debit mandate issued by the customer when placing the order. In this context, Wolke is entitled to debit the customer's bank, 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 applicable for the respective period until the next regular termination date; If a subscription is not terminated, the same applies to subsequent periods until the next regular termination date, whereby Wolke will debit the customer's account at the earliest at the beginning of these periods.
7.3Thecustomer must provide truthful information as required for the selected payment method. The customer shall ensure that the information provided or stored in relation to payment methods is always correct and up to date during a contractual relationship with Wolke. The customer shall notify Wolke immediately of any changes in this regard, such as changes to their bank details or credit card information, if this is necessary for the payment of orders already placed by the customer.
7.4Ifthe customer chooses an online payment method, their payment may be processed by an external payment service provider cooperating with Wolke. In this case, the customer's card and/or account details may also be stored by the external payment service provider for future orders, provided that the customer agrees to this and gives their consent. The terms and conditions of the payment service provider may also apply in this context. Further information on the personal data collected and its processing can be found in Wolke's privacy policy.
7.5Allprices stated in the online store are gross prices including the applicable statutory sales tax.The price applicable to the customer is the price at the time of the customer's respective order. Wolke's payment claims are due immediately, without prejudice to the customer's statutory right of withdrawal.
7.6Wolkeis entitled to issue an invoice to the customer, in particular in text form, e.g. by email. Invoices from Wolke must be paid within two weeks of receipt at the latest.
7.7 Ifthe price of a product ordered as part of a subscription is subject to price fixing, the subscription price will automatically change in line with the binding change in the retail price.
8.1Thedigital content provided by Wolke is generally protected by copyright. The customer is only entitled to use such digital content in accordance with the following provisions and the restrictions of applicable copyright laws.
8.2 Unless otherwise agreed,thecustomer'srightof use includes the right to download the digital content purchased as e-books or e-magazines, to store it on a terminal device without any time limit, and to use it there without any time restriction. The customer may only use digital content for their own purposes. If the customer is an entrepreneur, use is limited to professional information for their own purposes; no right to use for further business purposes (e.g., use in intranets or extranets, in press reviews, for content aggregation, or for commercial, freelance, journalistic, or other commercial purposes for a third party, such as a client of the customer) is granted. Applicable copyright restrictions remain unaffected by this.
8.3Thecustomer 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 only reproduce the digital content to the extent necessary for the use granted under these GTC.
8.4Thecustomer may not transfer rights of use to third parties for the digital content provided by Wolke or grant sublicenses to such content without the prior consent of Wolke (in writing or text form). The transfer of digital content to third parties is only permitted if this is permitted under applicable mandatory legal provisions and if any legal requirements for such a transfer are met.
8.5Thecustomer may not edit or otherwise modify the digital content provided by Wolke and may not remove any copyright notices, trademarks, or other legal reservations contained therein.
8.6Ifmandatory provisions of applicable copyright laws grant the customer rights to further use of the customer, these rights shall remain unaffected.
9.1IfWolke is unable to deliver or provide a printed book, printed magazine, or digital content, such as an e-book or e-magazine, ordered by the customer after the contract has been concluded with the customer, even though Wolke has concluded a corresponding purchase contract with a publisher or other supplier prior to the conclusion of the contract with the customer, and e-book or e-magazine, after concluding the contract with the customer, even though Wolke concluded a corresponding purchase contract with a publisher or other supplier before concluding the contract with the customer, and insofar as Wolke is not responsible for the lack of delivery, Wolke is entitled to release itself from the delivery or provision obligation towards the customer.
9.2 In this case, however,Wolkeis obliged to inform the customer immediately of the unavailability of the printed book, printed magazine, or digital content and to reimburse the customer immediately for any consideration already paid.
10.1Withregard to vouchers issued by Wolke for the online store, the voucher terms and conditions are based on the respective voucher promotions. In the event of any contradictions between the respective voucher terms and conditions and these General Terms and Conditions, the voucher terms and conditions shall take precedence.
10.2UnlessWolke's voucher promotions have separate and differing voucher terms and conditions, the following applies to vouchers: (i) Vouchers cannot be combined with other discount promotions or other credits or credit notes; (ii) Vouchers cannot be applied retrospectively.
10.3Thecustomer is not permitted to publish voucher codes from or relating to Wolke on commercial websites or third-party sites, such as voucher sites, deal blogs, or forums. The same applies to statements made by the customer on the aforementioned websites for the purpose of communicating the voucher code. Voucher codes that are published or passed on in violation of the aforementioned provisions will be deactivated by Wolke. Wolke reserves the right to cancel orders placed using voucher codes that have been published or passed on in this way at any time.
10.4 Cashpaymentof vouchers, including residual amounts, is excluded. An extension of the validity period of vouchers is excluded, unless this is based on a mandatory legal provision.
11.1Ifthe customer is a consumer, the customer is generally entitled to a right of withdrawal under the statutory conditions. According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
11.2 The customer has no right of withdrawalforthat part of the order which 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) No. 7 of the German Civil Code (BGB), the customerdoes not have a right of withdrawalfor contracts for the delivery of newspapers, magazines, and illustrated magazines (regardless of whether in printed or digital form), with the exception of subscription contracts.
11.3 The customer's right of withdrawalis governed bythe statutory provisions and the regulations set out in detail in the following
(I) 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 (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 Production and Distribution UG (haftungsbeschränkt)
1 Franz-Mehring-Square
10243 Berlin
Germany
(You can also send the declaration to the following email address:)
Email: shop@wolke-verlag.
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
12.1Contractsconcluded with Wolke for ordered printed books, individual printed magazines, and merchandise items are predominantly one-time purchase contracts that end upon fulfillment of the mutual contractual obligations without the need for separate termination. The same applies to contracts for e-books and individual issues of e-magazines.
12.2Contractsbetween Wolke and the customer for print subscriptions or e-magazine subscriptions commence upon conclusion of the contract and run for an indefinite period.
12.3Eachparty may terminate contracts within the meaning of the above clause in accordance with the following provisions. In the case of 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 indicated in the order process before the order is placed. However, ordinary termination is only possible at the earliest upon expiry of an initial contract term of twelve (12) months. Furthermore, ordinary termination is not permitted in any case before the expiry of the agreed billing period specified in the order process. The billing period begins upon conclusion of the contract and lasts for a maximum of two years.
12.4Contractsfor print subscriptions or e-magazine subscriptions shall automatically terminate in any case if the respective publisher discontinues the product in question. In this case, Wolke's delivery obligation shall end upon delivery or provision of the last available issue, and the customer shall be released from their obligation to pay for the issues that are no longer available.
12.5Theright to extraordinary termination for good cause in accordance with the statutory provisions remains unaffected.
12.6Anytermination must be made in writing to be effective, whereby the customer can also declare termination by using the "Cancel now" button in the web shop, which can be accessed via the "Cancel contracts here" button.
12.7Theprovisionsofthis section "Contract Term and Termination" shall also apply in the case of orders placed by the customer for third parties in accordance with these GTC, whereby only Wolke and the customer may terminate the contract in accordance with this section, not the third party.
12.8Inthe event of termination of a continuing obligation with a customer, Wolke shall reimburse the customer on a pro rata basis for any remuneration already paid that relates to the period during which the contract is terminated.
12.9If, due to the publication frequency of the product and the publisher's delivery, not all printed magazines published since the start of the contract could be delivered for a print subscription, even though all published issues have been invoiced and paid for by the customer, Wolke will deliver the remaining missing issues to the customer after the print subscription has ended, without additional payment, provided that these are available (illustrative example: In the first contract year, 12 print issues were published, but only 11 could be delivered to the customer; then, after the subscription ends, the customer will receive one more print issue, namely the current print issue).
12.10Wolkereserves the right to cancel or refuse to accept orders from customers at any time without giving reasons if there are indications of prank orders, voucher abuse, or credit card fraud.
13.1Wolkeshall be liable for damages, regardless of the legal basis, in cases of intent or gross negligence, in cases of injury to life, limb, or health, in accordance with the Product Liability Act, and in cases of given guarantees, in each case without limitation in accordance with the statutory provisions. In other cases, in particular in cases of negligence less than gross negligence, Wolke shall only be liable in the event of a breach of a material contractual obligation, i.e., an obligation whose fulfillment is essential for the proper execution of the contract concluded with the customer and on whose fulfillment the customer regularly relies and may rely (so-called cardinal obligation), and limited to compensation for the foreseeable, typically occurring damage. Any further liability on the part of Wolke is excluded.
13.2Anyno-fault liability on the part of Wolke for defects already existing at the time of conclusion of the contract, which may be justified under Section 536a of the German Civil Code (BGB), is also excluded.
13.3Wolkeshall not be liable for damages caused by third-party negligence or interruptions in the availability of the web shop for which Wolke is not responsible (e.g., technical problems with the Internet or UMTS transmission that are beyond the control of either party).
13.4Theabove limitations and exclusions also apply in favor of Wolke's organs, representatives, employees, shareholders, and vicarious agents.
13.5Wolkeendeavors to make the web shop available to all customers at all times. Exceptions to this are temporary interruptions in operation due to routine maintenance work, system-related disruptions to the Internet at third-party providers or third-party network operators, and in cases of force majeure. The customer therefore has no claim to the uninterrupted availability of the web shop at all times. However, outages due to maintenance work will be reduced to a minimum.
14. Forcemajeure
14.1IfWolke's failure to fulfill a specific obligation—in particular (but not exclusively) with regard to a delivery time—isdue to events of force majeure, including those affecting Wolke's suppliers and other service providers, the performance dates shall be postponed for the duration of such events, including a reasonable restart period. This shall also apply if the events of force majeure occur at a time when Wolke is in default. Force majeure shall also include war, attacks, pandemics, epidemics, natural disasters, or severe weather (e.g., snowstorms, black ice), official interventions, strikes, energy or raw material difficulties, lockouts, accidents, operational disruptions, computer viruses, other malware, or deliberate attacks on IT systems by hackers, provided that appropriate protective measures have been taken against these, or other events that significantly impede or render impossible delivery (or other services).
15.1Wolkemay offer customers the option of ordering products and services for third parties to whom they wish to give a product as a gift, for example.
15.2Inthis case, the customer places the order in their own name and on their own account, but with the proviso that a third party designated by them may demand performance from Wolke (so-called genuine contract in favor of third parties pursuant to Section 328 (1) of the German Civil Code (BGB)). However, Wolke and the customer reserve the right to revoke or amend the third party's right without the latter's consent (Section 328 (2) BGB).
15.3 In such cases, no contractual relationship is establishedbetweenWolke and the third party. However, the third party is only entitled to download and use digital content in accordance with the provisions set out in these Terms and Conditions; print subscriptions or e-magazine subscriptions ordered for the third party can only be managed (e.g., canceled) by the customer.
15.4 If the third partydoesnotacceptWolke's performance for reasons for which Wolke is not responsible, this shall not affect the customer's obligation to pay. If the third party rejects Wolke's right in accordance with § 333 BGB (German Civil Code), this shall also not affect the customer's obligation to pay; in this case, the customer shall be entitled to perform the contract instead of the third party.
16.1 The substantive law of the Federal Republic of Germanyshall apply, excluding the UN Convention on Contracts for the International Sale of Goods and all provisions of conflict of laws that refer to another legal system. The application of mandatory legal provisions of another country of the European Union in which a customer who orders as a consumer has his habitual residence at the time of ordering remains unaffected by this choice of law.
16.2Ifthe customer places an order as a merchant or is a public corporation, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and Wolke is Berlin, Germany. In such cases, Wolke may also bring legal action at the customer's place of business. Otherwise, the applicable statutory provisions shall apply to international and local jurisdiction.
16.3 There are nosubsidiary agreements.
16.4Shouldany provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions shall remain valid. The invalid or unenforceable provision shall be replaced by the statutory provision or, in the absence of a statutory provision, by a valid and enforceable provision which the parties would have reasonably agreed upon had they been aware of the invalidity or unenforceability. The same shall apply in the event of a loophole.
Wolke reserves the right to amend these General Terms and Conditions from time to time, taking into account the interests of Wolke, in a manner that is reasonable for the customer. Such amendments shall take effect vis-à-vis customers with whom long-term contractual relationships already exist that include the General Terms and Conditions (e.g., ongoing subscription contracts) under the following conditions: (i) The changes do not unreasonably disadvantage the customer and do not contain any provisions that disadvantage the customer with regard to prices or the service owed; in particular, only linguistic corrections, clarifications, or specifications and changes prompted by legal changes or court rulings are permissible; (ii) Wolke notifies these customers of the changes in writing at least four weeks before the date of the change; (iii) Wolke indicates in the notification that the changes will take effect if the customer does not object in writing at least before the specified date of the change; and (iv) Wolke does not receive any objection from the customer 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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