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Terms & Conditions

 

ARCH+ T&C

ARCH+ Verlag GmbH
General terms and conditions including mandatory information and cancellation policy (as of February 5, 2021)

§ 1 GENERAL PROVISIONS

The contract is concluded with ARCH+ Verlag GmbH, Friedrichstr. 23a, 10969 Berlin (hereinafter referred to as the “publisher”); see also Imprint. These terms and conditions apply to all contracts concluded between the publisher and the customer and are expressly acknowledged when an order is placed via the website www.archplus.net. The following contractual provisions apply to consumers, meaning any natural person who concludes a legal transaction for business purposes or in relation to self-employed professional activities. The contractual language is exclusively German.

§ 2 PRICES / SHIPPING COSTS

For online orders, the EURO prices for the Federal Republic of Germany at the time of the order shall apply. These prices include the respective statutory value added tax (VAT). This applies to all products (print + digital).
For deliveries outside of Germany, the customer bears any additional taxes and customs duties that may apply, not to the publisher but to the relevant customs or tax authorities in the respective country.
SHIPPING COSTS as per § 5, see Shipping Costs table

We always ship uninsured via Deutsche Post using the shipping methods “book shipment,” “wrapper-packed newspaper,” or “press and book international.” If the weight is more than one kilogram, we ship by DPD (Germany and EU countries) or Deutsche Post (outside EU). No additional shipping costs are applied to subscriptions.

§ 3 PURCHASE AGREEMENT / CANCELLATION

The purchase agreement/contract is concluded when the customer sends the electronic order form by mouse click and thus submits an offer to the publisher to conclude a purchase contract, which the publisher accepts by sending the goods. The customer will receive an order confirmation by email. Products that have been ordered but are not yet available for delivery will be reserved. E-paper or PDF editions, software, eBooks, apps, and audio files are available to the customer via download link after acquiring the right of use for the data download.
The customer is entitled to revoke the purchase contract within fourteen (14) days after receipt of the order. To exercise your right of withdrawal within the time limit, it is sufficient to send a written cancellation to the publisher by fax, letter, or email to our publishing house.

Exclusion of the right of cancellation

The right of withdrawal does not apply to contracts

– for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (individualized products),

- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

- for the supply of newspapers, periodicals, or magazines (individual sales) with the exception of subscription contracts.

§ 3.1 RIGHT OF CANCELLATION FOR CONSUMERS

The following provisions regarding the right of cancellation apply only to consumers as defined by § 13 BGB (German Civil Code) who do not conclude the respective agreement for business purposes or in relation to self-employed professional activities.

A. Cancellation policy for print product orders

Right of cancellation
You have the right to cancel your order contract within fourteen (14) days without giving any reason.

The cancellation period is fourteen (14) days from the date on which the order contract was finalized, or from the date on which you or a third party named by you (who is not transporting the goods) takes possession of the first goods.

To exercise your right of withdrawal, it is necessary to contact us – ARCH+ Verlag GmbH, Friedrichstr. 23a, 10969 Berlin, Tel: +49 30 340 467 19, Email: vertrieb@archplus.net – and explicitly state in writing your decision to revoke this contract. This statement can be sent by post, fax, or email. Alternatively, you can use the attached sample cancellation form.

In order to comply with the cancellation period, it is sufficient that you send us your declaration of cancellation before the expiry of the cancellation period.

Consequences of cancellation
If you cancel your order, we will refund all payments we have received from you, including delivery costs (except for additional costs from chosen delivery types other than the cheapest standard delivery we offer), without delay, and within fourteen (14) days of receiving your declaration of cancellation. You will be reimbursed by the same method with which you made your payments, unless another method was agreed upon with you. In no case will you be charged for this reimbursement. We may refuse repayment until we have received the goods back from you or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen (14) days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen (14) days. You will carry the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to a handling the goods unnecessary for testing their quality, features, and functions.

– End of the cancellation policy for print product orders –

Exclusion or premature expiry of the right of cancellation
There is no right of cancellation for contracts concerning the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.

B. Cancellation policy for print subscription orders

Right of cancellation
You have the right to cancel this contract within fourteen (14) days without giving any reason.

The cancellation period is fourteen (14) days from the date on which the order contract was finalized, or from the date on which you or a third party named by you (who is not transporting the goods) takes possession of the first goods.

To exercise your right of withdrawal, it is necessary to contact us – ARCH+ Verlag GmbH, Friedrichstr. 23a, 10969 Berlin, Tel: +49 30 340 467 19, Email: vertrieb@archplus.net – and explicitly state in writing your decision to revoke this contract. This statement can be sent by post, fax, or email. Alternatively, you can use the attached sample cancellation form.

In order to comply with the cancellation period, it is sufficient that you send us your declaration of cancellation before the expiry of the cancellation period.

Consequences of cancellation
If you cancel your order, we will refund all payments we have received from you, including delivery costs (except for additional costs from chosen delivery types other than the cheapest standard delivery we offer), without delay, and within fourteen (14) days of receiving your declaration of cancellation. You will be reimbursed by the same method with which you made your payments, unless another method was agreed upon with you. In no case will you be charged for this reimbursement. We may refuse repayment until we have received the goods back from you or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen (14) days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen (14) days. You will carry the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to a handling the goods unnecessary for testing their quality, features, and functions.

– End of the cancellation policy for print subscription orders –

C. Cancellation policy for digital content orders

Right of cancellation
You have the right to cancel your order contract within fourteen (14) days without giving any reason.

The cancellation period is fourteen (14) days from the date of conclusion of the order contract.

To exercise your right of withdrawal, it is necessary to contact us – ARCH+ Verlag GmbH, Friedrichstr. 23a, 10969 Berlin, Tel: +49 30 340 467 19, Email: vertrieb@archplus.net – and explicitly state your decision in writing to revoke this contract. This statement can be sent by post, fax, or email. Alternatively, you can use the attached sample cancellation form.

In order to comply with the cancellation period, it is sufficient that you send us your declaration of cancellation before the expiry of the cancellation period.

Consequences of cancellation
If you cancel your order, we will refund all payments we have received from you, including delivery costs (except for additional costs from chosen delivery types other than the cheapest standard delivery we offer), without delay, and within fourteen (14) days of receiving your declaration of cancellation. You will be reimbursed by the same method with which you made your payments, unless another method was agreed upon with you. In no case will you be charged for this reimbursement.

Note:
Pursuant to § 356(5) BGB in the case of a contract for the supply of digital content that is not contained in a tangible medium, the right of withdrawal expires if the trader began with the performance of the contract after the consumer (1) had expressly consented to the trader beginning with the performance of the contract prior to the expiry of the withdrawal period, and (2) had acknowledged that by his consent, he would lose the right to withdraw from the contract upon the performance of the contract having commenced.

If you have expressly agreed in the order process that we will begin execution of the contract before the expiry of the cancellation period of fourteen (14) days, and you have confirmed that you are aware that you lose your right of withdrawal from this agreement with the beginning of the execution of the contract, your right to cancel your digital content order expires with the beginning of the execution of the contract.

– End of the cancellation policy for digital content orders –

DOWNLOAD
Cancellation form as PDF download
§ 4 SUBSCRIPTION CONDITIONS

An annual subscription includes four (4) issues. The subscription is automatically renewed for a further year unless cancelled within fourteen (14) days of receipt of the third (3rd) issue of the current subscription period.

Discount
For students, university (or similar) graduates in the first two (2) years after graduation, and job seekers we offer a discount on presentation of a valid certificate (within fourteen (14) days after receipt of order, otherwise the normal price must be charged). This certificate must be updated regularly, without being requested to do so, in order to maintain the discount status. The discounts are only valid directly from the publisher.

Right of cancellation
Orders can be cancelled within fourteen (14) days.

Change of address
If you change your place of residence, you must notify us of your new address. Deutsche Post’s mail forwarding service unfortunately does not apply to periodicals and undeliverable issues are not returned to sender but shredded by the post office.

Prices
The price list valid at the time of the order shall apply. The prices include the applicable statutory VAT. No additional shipping costs are applied to subscriptions. Deliveries outside of Germany will only be sent upon prepayment.

Adjustment of the subscription price
ARCH+ Verlag retains the right to adjust its prices. In the case of a price increase by more than ten percent (10%), the customer has an exceptional right to terminate the contract as of the effective date of the price increase. This must be done by sending a written declaration to the publisher within one (1) month of notification of the price increase in the magazine.

§ 5 DELIVERY / SHIPPING COSTS

Shipping costs are added to the total cost for delivery to all postal addresses in the Federal Republic of Germany and abroad. For subscriptions, shipping costs are included in the subscription price. Shipping costs are determined by the weight of the shipment and the delivery destination. Shipping rates are listed in our Overview of shipping fees as well as in the shopping cart summary during the order process in our Webshop. Express or airmail deliveries to all postal addresses are possible on request and always at the expense of the recipient. Please note that additional shipping costs may apply for deliveries to domestic and foreign islands. Additional taxes and customs duties for foreign deliveries shall be borne by the customer. The publisher reserves the right to make partial deliveries. In this case, no additional shipping fees will be applied to the delivery of the remaining part(s) of the order. The publisher reserves the right to deliver goods within Germany or abroad only against advance payment.

The ordered goods will be dispatched as soon as possible, at the latest within five (5) working days from the order date. Postal delivery times are usually two to five (2–5) working days within the Federal Republic of Germany, within Europe about one to two (1–2) weeks, outside Europe about six to 8 (6–8) weeks.

In the case of events that make delivery considerably more difficult for the publisher, the delivery period may be extended to a reasonable extent.

§ 6 DUE DATE / PAYMENT / RETENTION OF OWNERSHIP

The purchase price is due within fourteen (14) days and payable without deduction. Payments are possible by bank transfer, PayPal, direct debit, credit card, or invoice (with surcharge, not always available). The seller retains ownership of the goods until the purchase price has been paid in full.

In the event of a breach of contract by the customer, in particular in the event of non-payment of the purchase price due, false information regarding the customer’s creditworthiness, or if judicial composition proceedings or insolvency proceedings are instituted against the assets of the customer, the seller is entitled to withdraw from the contract in accordance with §§ 323, 324 BGB and to demand the return of the goods, provided that the customer has not yet paid the purchase price in full. The seller is entitled to withdraw from the contract without setting a deadline if judicial composition proceedings or insolvency proceedings are instituted against the assets of the customer. Any claims for damages on the part of the seller shall remain unaffected by this.

In the event of a delay in payment, we are entitled to charge interest on arrears at a rate of five percent (5%) above the respective base interest rate announced by the Deutsche Bundesbank. The assertion of further damages caused by delay remains unaffected.

For orders of eBooks, PDF files, and audio files, the publisher does not provide the customer with ownership. In this case the customer acquires a simple, non-transferable right, revocable before full payment of the license fee, to use the offered title for personal use. The contents of an eBook, PDF, app, or audio file may not be changed by the customer in terms of content or editing, subject to deviating mandatory legal regulations.

§ 7 RETENTION / SETOFF

The customer can only exercise a right of retention if their counterclaim is based on the same contractual relationship. The customer shall only be entitled to setoff if their counterclaims have been legally established, are undisputed, or have been acknowledged by the publisher.

§ 8 STATUTORY LIABILITY FOR DEFECTS

The statutory provisions shall apply to the rights of the customer in case of defects of quality unless otherwise stipulated below.
If there is a defect in the purchased item for which the publisher is responsible, the publisher is entitled to choose between rectification of the defect or replacement delivery. If the rectification of defects or replacement delivery fails, the customer is entitled to withdraw from the purchase contract or to demand a price reduction. Goods that have not been ordered or are defective must be returned to the publisher by the consumer without delay – at best after consultation with the publisher by telephone or in writing – with a precise description of the goods and the nature of the defect. A copy of the invoice must be enclosed. The cost of returning goods that were not ordered but mistakenly sent, or which are defective, will be refunded to the customer in any case, but carriage forward shipments will not be accepted by the publisher. The publisher is only liable for intent and gross negligence.

§ 9 APPLICABLE LAW AND PLACE OF JURISDICTION

If the customer is a merchant, the following provisions shall apply: German law shall apply to the entire legal relationship between the customer and the publisher, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event of any resale, the customer shall observe the German price-fixing regulations. The publisher is entitled to take legal action at the place of jurisdiction of its registered office or at the general place of jurisdiction of the customer, at its discretion

§ 10 DATA PROTECTION

The data you transmit within the scope of the business transaction will be processed and stored with the help of an electronic data processing system. Personal data will of course be treated confidentially. You expressly consent to the collection, processing, and use of personal data. You have the right to revoke your consent at any time with effect for the future. See our detailed Privacy Policy .

Collection and processing of personal data/disclosure:
When you order online we collect your personal data so that we can process your order. We do not pass on this data to third parties. Excluded from this are our service partners, with whom we work to process the order. In these cases, we strictly observe the requirements of the German Federal Data Protection Act. The scope of the data transmission shall be limited to a minimum.

Information, correction, blocking, and deletion of data:
You have the right to information, correction, deletion, or blocking of your stored data at any time. If you wish to contact us about this, you will find the contact details in our Imprint.

§ 11 SEVERABILITY CLAUSE

In the event that individual provisions of an agreement are or become invalid in part or entirely, the remaining contract remains in effect. The invalid or missing provisions shall be replaced by the respective statutory provisions.

GENERAL TERMS AND CONDITIONS FOR DIGITAL OFFERS

General Terms and Conditions (“T&C”) of ARCH+ Verlag GmbH,
Friedrichstr. 23a, 10969 Berlin (“publisher”) for the use of the publisher’s online offer.

SCOPE

These terms and conditions concern the online offer of the website www.archplus.net, which is subject to registration, as well as all associated sub- and country domains including registration for the online shop (“online offer”). Please refer to our T&C for the webshop and in particular for the purchase of products including subscriptions and digital content.

It is possible to visit our website without registration. However, in order to access our online offers requiring registration (online reader, digital upgrade, combination subscription, certain webshop functions, web app, etc.), prior registration is required, but is free of charge. By registering as a user (“user”), you unconditionally agree to these terms and conditions.

REGISTRATION

It is important that the information you provide during registration is truthful and complete. Registration by the same person under multiple accounts is not permitted and may lead to the permanent deletion/blocking of a user. Please make sure that your access data is stored properly and inaccessible to third parties. In particular, your access data may not be passed on to third parties. The publisher reserves the right to refuse the registration of individual users without giving reasons.

OBLIGATIONS OF THE USER

Please note that you, as a user, are solely responsible for the content, data, and materials that you publish or distribute within the publisher’s online offering or which is transmitted to other users, as well as for their compliance with all applicable laws.

General Terms and Conditions (“T&C”) of ARCH+ Verlag GmbH, Friedrichstr. 23a, 10969 Berlin (“Publisher”) for subscriptions and digital offers as well as for the delivery of goods and products. The publishing house is the publisher of the magazine ARCH+ (“ARCH+”) as well as other publishing products.

OFFER / CONCLUSION OF CONTRACT / RETENTION OF DELIVERY

The website and advertisements as well as advertising materials of any kind by the publishing house represent only an invitation to place an order. By placing your order via the button “buy now,” you as the customer make a binding offer to conclude the order contract. Before completing the ordering process, you will be informed of the total price as well as any details regarding the duration and scope of services. After placing your order, you will receive a message confirming receipt of your order by the publisher and listing its details (order confirmation). The contract is concluded when the publisher expressly accepts the order either by sending this order confirmation or actually fulfils the order by sending the goods or by making the offer available (e.g. by activating digital content).

DIGITAL ISSUES

Online editions of ARCH+ and purchase of single digital issues

In addition to the publisher’s print offerings, the publisher also offers digital subscriptions (digital subscription or combined print/digital subscription) as well as the possibility to purchase single digital issues (as PDF or via online reader). The respective prices and service descriptions are shown in the descriptions of the products and during the ordering process.

The digital content for digital subscriptions and for most of the single digital issues can only be accessed online for reading via the website provided by the publisher.  It is your responsibility to create the technical conditions for the use of the publisher’s website, in particular with regard to the hardware and operating system software used. In any case, proper usability requires that your system accepts the cookies transmitted by the publisher’s server. Any costs incurred for the internet connection (telecommunication charges) shall be borne by you. Your purchase does not entitle you to physical possession of the digital content. The price includes only the use of the content behind the paywall and the associated services.

For the use of our digital content you will receive individual access data from the publisher consisting of a username and a password. Sharing your access data with third parties is not permitted. Therefore, please ensure that these access data are stored properly and inaccessible to third parties.

LIMITATIONS

Access to digital content is limited to one (1) user only.

For the duration of your digital subscription, you will have access to the current digital issue as well as the issues included in your subscription up to and including the starting number of your subscription. Digital upgrades to existing print subscriptions do not entitle the subscriber to access issues older than the current number at the time of order. Upon expiry of the digital subscription, all access and usage rights shall expire and it shall no longer be possible to retrieve content after termination of the subscription.

The digital contents offered by the publisher are legally protected, in particular by copyright and ancillary copyright. With the retrieval of digital content, you receive a simple, non-transferable (in particular non-sublicensable) license to use the digital content exclusively for private and non-commercial use for the duration of the usage agreement, subject to payment of the remuneration owed and due. The right of use entitles the user to research and read the content provided by the publisher in accordance with the functionality of the website. You are not entitled to exploit the publisher’s content beyond the use permitted in this grant of rights.

SPECIAL PROVISIONS

The following supplementary terms and conditions apply to our individual offers as described and take precedence over the general terms and conditions in the event of a conflict.

DIGITAL UPGRADE

For the “digital upgrade,” an ongoing subscription to the print edition of ARCH+ is required. If the print subscription is cancelled, entitlement to the digital upgrade also ends when it expires.

ONLINE READERS

Digital Single Issue

In addition to digital subscriptions, single issues of ARCH+ can be purchased in the form of digital read-only access for a one-time payment. You can access your digital single issue online via the “online reader” on the ARCH+ website. Access is permanent and can only be limited in time by the overall availability of our offer or of the respective individual issue. However, the publisher guarantees in any case a minimum availability for a period of one (1) year after conclusion of the contract.

CANCELLATION POLICY FOR DIGITAL SUBSCRIPTIONS

Right of cancellation

You have the right to cancel this contract within fourteen (14) days without giving any reason. The cancellation period is fourteen (14) days from the date of conclusion of the order contract. To exercise your right of withdrawal, it is necessary to contact us – ARCH+ Verlag GmbH, Friedrichstr. 23a, 10969 Berlin, Tel: +49 30 340 467 19, Email: vertrieb@archplus.net – and explicitly state in writing your decision to revoke this contract. This statement can be sent by post, fax, or email. Alternatively, you can use the attached sample cancellation form. In order to comply with the cancellation period, it is sufficient that you send us your declaration of cancellation before the expiry of the cancellation period.

Consequences of cancellation

If you cancel your order, we will refund all payments we have received from you, including delivery costs (except for additional costs from chosen delivery types other than the cheapest standard delivery we offer),without delay, and within fourteen (14) days of receiving your declaration of cancellation.

You will be reimbursed by the same method with which you made your payments, unless another method was agreed upon with you. In no case will you be charged for this reimbursement. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (individualized products),

- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

- for the supply of newspapers, periodicals, or magazines (individual sales) with the exception of subscription contracts.

CONTACT INFORMATION

ARCH+ Verlag GmbH

Friedrichstr. 23a
10969 Berlin
Germany

Tel: +49 30 340 467 19
vertrieb@archplus.net
www.archplus.net

Commercial Register
HRB 200942 B
Amtsgericht Charlottenburg
VAT ID No.: DE 121688728

Managing Directors:
Dr. Nikolaus Kuhnert
Anh-Linh Ngo