General Conditions of Business

Infinite Science GmbH (Inc.) (Business Postal Address: Maria-Goeppert-Strasse 1, D-23562 Luebeck, Germany, Tel.: +49 (0) 451 - 5853 2901 Fax: +49 (0) 451 - 5853 2905, email address: info@infinite-science.de) operates an Online Shop at the website URL: www.infinite-science.de or at subdomain names of ‘infinite-science.de’. Infinite Science Products as well as those of other businesses are offered for sale.

These ‘GCBs’ – General Conditions of Business are in two parts:

a) Part I:  General Conditions of Business for the direct sales of publications on the Online Shop of Infinite Science GmbH (Inc.) (publisher’s imprint: Infinite Science GmbH (Inc.) Publishing)

b) Part II: General Conditions of Business for the direct sales of event tickets (registrations) on the Online Shop of Infinite Science GmbH (Inc.) (Business Division: Infinite Science GmbH (Inc.) Conferencing)

Part I:    General Conditions of Business for the direct sales of publications on the Online Shop of Infinite Science GmbH (Inc.) (publisher’s imprint: Infinite Science GmbH (Inc.) Publishing)

1 Definitions and areas of application

(1) The following ‘GCBs’ - General Conditions of Business apply for the use of the Online Shop at the website URL: www.infinite-science.de or at any subdomain names of infinite-science.de (hereinafter referred to as the ‘Online Shop’) as well as the contracts of purchase and sale concluded on the Online Shop, and for the associated services of Infinite Science GmbH (Inc.), Maria-Goeppert-Strasse 1, D-23562 Luebeck, Germany – General Manager: Ms. Maybritt Jung (hereinafter referred to as ‘Infinite Science GmbH (Inc.)’).

(2) The term: ‘customer’ in these ‘GCBs’ means the visitors to – and users of – the Online Shop as well as the purchasers of digital and print products on the Online Shop.

(3) Any terms and conditions of purchase from the customer which deviate from these ‘GCBs’ are inapplicable. Any counter confirmation of a customer claiming the application of his/her/its own terms and conditions of purchase are hereby expressly contradicted. No terms and conditions of business of a customer may become any part of these GCBs, unless expressly confirmed in writing by Infinite Science GmbH (Inc.).

 

2 The services of Infinite Science GmbH (Inc.)

(1) Infinite Science GmbH (Inc.) offers for sale: books, magazines and periodicals as well as electronic books (including individual chapters from these, when available) (hereinafter referred to as: ‘eBooks’) and electronic newspapers (including individual articles from these, when available) (hereinafter referred to as: ‘ePapers’) on its Online Shop. The individual items for sale and their prices are viewable from the details on the Online Shop.

(2) The eBooks and the ePapers can be ordered, paid for, downloaded and saved by customers in ‘pdf’ format, and when available in ‘epub’ format (hereinafter referred to as: ‘electronic format’).

(3) The ePapers are also offered as single issues for individual downloads.

 

3 Technical preconditions for the use of digital content

Customers need an internet connection as usually available on the market, and a software program to view documentation in electronic format, in order to be able to use the digital content and in particular to read, download and save eBooks and the ePapers.

 

4 When using the Online-Shop

(1) The checkout and payment procedure on the Online Shop will require the customer to provide personal data to complete the transaction.

(2) The basic preconditions for the completion of a transaction are, that the customer is of the age of legal majority and otherwise fully capable of concluding a contract of purchase and sale.

(3) The details requested during the completion of the transaction are specific for the customer and no details of other persons may be used.

 

 

5 The purchase of print products and digital content

(1) The customer can order individual issues of certain books and/or newspapers as a print product and/or eBooks or ePapers, by clicking on the appropriate shopping cart buttons of the various offerings and then proceeding to the checkout and payment process.

(2) When the customer clicks on the button ‘buy now’ (‘Jetzt Kaufen’), the customer offers to conclude the relative contract of purchase and sale. Infinite Science GmbH (Inc.) will then accept the offer by sending a confirmation of order by email to the customer. This concludes the contract of purchase and sale between the parties. There is however no obligation on the part of Infinite Science GmbH (Inc.) to accept an offer from a customer. The confirmation of the receipt of an order by Infinite Science GmbH (Inc.) as such, represents no legally binding confirmation of an order.

(3) There is also no right of a customer to revoke an order:

-     when purchasing individual print magazines or periodicals via Infinite Science GmbH (Inc.);

-     when purchasing audio or video recordings or computer software in sealed packagings, when the packaging is removed after delivery.

The right to revoke an order is also lost in cases of ePapers and eBooks prematurely, when the customer proceeds with the processing of the contract of purchase and sale after having expressly given his/her/its confirmation of approval and thus loses the right of revocation.

(4) When purchasing integral print products, which are not individual issues of magazines or periodicals, the customer has the following right to revoke an order:

a)         for contracts of purchase and sale, where goods are supplied in a unitary delivery, the following applies:

 

the following ‘revocation remedies’; and

 

the following instructions on the ‘revocation right’.

The customer is entitled to revoke the contract of purchase and sale within fourteen days without giving any reasons to Infinite Science GmbH (Inc.).

The revocation time period of fourteen days runs from the date when the customer, or another person authorised by him, her or it, and who is not the carrier, takes or took the goods into ultimate possession.

When the customer seeks to exercise his/her/its right of revocation, the customer is to send Infinite Science GmbH (Inc.), Maria-Goeppert-Strasse 1, D-23562 Luebeck, Germany a clear declaration (e.g. by letter sent by postal mail or by email) of his/her/its intention to revoke the contract of purchase and sale. The customer can also use the enclosed revocation form as a sample, but this is not obligatory.

In order to comply with the time period of revocation, it is sufficient to send the declaration of the exercise of the revocation right before the expiry of the fourteen day time period.

The following are the consequences of a revocation:

when a customer revokes the contract of purchase and sale, Infinite Science GmbH (Inc.) is required to refund all payments already received including the delivery charges (with the exception of any extra specific delivery charges selected by the customer in excess of the standard delivery charges provided by Infinite Science GmbH (Inc.)), within fourteen days at least from the date when the declaration of revocation is received by it. To make the refund, Infinite Science GmbH (Inc.) will use the same means of transfer as employed for the original payment, unless something else is expressly agreed. No charges will be made for refunding the original payment. Infinite Science GmbH (Inc.) can however refuse to refund until it receives the returned goods or the customer can provide evidence that he, she or it has returned the goods, depending on which is the earlier date.

The customer is therefore required to return the goods with immediate effect and, in any event within fourteen days from the date when the customer informs Infinite Science GmbH (Inc.) of the revocation of the contract of purchase and sale. The goods can be returned by postal mail or handed in at the offices of Infinite Science GmbH (Inc.). The customer complies with the time period when he, she or it returns the goods within fourteen days. The customer bears the immediate charges of the returns him, her or itself.

The customer will have to reckon with a loss of value, when any detriment is discovered upon inspection attributable to loss of quality, characteristics and functionality, other than that attributable to the usual treatment and handling of the goods.

 

 

b) for contracts of purchase and sale, where goods are ordered as a unit but delivered in separate sendings, the following applies:

 

the following ‘revocation remedies’; and

 

the following instructions on the ‘revocation right’.

The customer is entitled to revoke the contract of purchase and sale within fourteen days without giving any reasons to Infinite Science GmbH (Inc.).

The revocation time period of fourteen days runs from the date when the customer, or another person authorised by him, her, it, and who is not the carrier, takes or took the goods into ultimate possession.

When the customer seeks to exercise his-, her-, its right of revocation, the customer is to send Infinite Science GmbH (Inc.), Maria-Goeppert-Strasse 1, D-23562 Luebeck, Germany a clear declaration (e.g. by letter sent by postal mail or by Email) of his-, her- its intention to revoke the contract of purchase and sale. The customer can also use the enclosed revocation form as a sample, but this is not obligatory.

In order to comply with the time period of revocation, it is sufficient to send the declaration of the exercise of the revocation right before the expiry of the fourteen day time period.

The following are the consequences of a revocation:

when a customer revokes the contract of purchase and sale, Infinite Science GmbH (Inc.) is required to refund all payments already received including the delivery charges (with the exception of any extra specific delivery charges selected by the customer in excess of the standard delivery charges provided by Infinite Science GmbH (Inc.)), within fourteen days at least from the date when the declaration of revocation is received by it. To make the refund, Infinite Science GmbH (Inc.) will use the same means of transfer as employed for the original payment, unless something else is expressly agreed. No charges will be made for refunding the original payment. Infinite Science GmbH (Inc.) can however refuse to refund until it receives the returned goods or the customer can evidence that he, she or it has returned the goods, depending on which is the earlier date.

The customer is therefore required to return the goods with immediate effect and, in any event within fourteen days from the date when the customer informs Infinite Science GmbH (Inc.) of the revocation of the contract of purchase and sale. The goods can be returned by postal mail or handed in at the offices of Infinite Science GmbH (Inc.). The customer complies with the time period when he, she or it returns the goods within fourteen days. The customer bears the immediate charges of the returns him, her or  itself.

The customer will have to reckon with a loss of value, when any detriment is discovered upon inspection attributable to loss of quality, characteristics and functionality, other than that attributable to the usual treatment and handling of the goods.

 

 

The following form of revocation can be used, but this is not obligatory.

 

Sample form of revocation:

the customer can complete the following form of revocation and send it in to:

 

Infinite Science GmbH (Inc.), Maria-Goeppert-Strasse 1, F-23562 Luebeck, Germany:

 

-         I/we revoke (*) the contract of purchase and sale concluded by me/us (*) for the purchase of the following:

-         goods (*) / or the rendering of the following services (*)

-         as ordered on:            (*) / received on:             (*)

-         Customer name:             

-         Customer postal address:            

-         Customer signature:                                               (only for messages on hardcopy)

-         Place and date:             

 

(*) strike out where inapplicable.

 

 

6 The supply and delivery of print products

(1) Books, magazines, periodicals and other print products supplied by Infinite Science GmbH (Inc.) will be sent to the customer. Consignment charges are made for some products. These are payable by the customer. The attention of the customer will be especially drawn to the amount of consignment charges during the checkout and payment procedure.

(2) Infinite Science GmbH (Inc.) is however entitled to make partial deliveries.

 

7 Prices and terms and conditions of payment

(1) The prices of the various offerings for sale are indicated in the description of the offer.

(2) The prices indicated on the Online Shop include the statutory rate of German Federal value-added tax prevailing at the date of the sale.

(3) Unless otherwise agreed, the price of an individual order of a print product is due for payment immediately upon the selection of an eBook(s) or ePaper(s), in advance upon the conclusion of the relative order.

(4) Infinite Science GmbH (Inc.) can provide a variety of methods of payment at its discretion. In the case of a purchase of a print product, ePaper or eBook, the purchase price can be paid by credit card or by immediate bank direct debit transfer. For payment transactions via a payment system provider (e.g. PayPal), only the user business terms and conditions of the relative provider will apply; and the customer will usually have to have an account with such a provider.

(5) Or, the customer will receive an invoice for the ordered goods or services in electronic form sent to the email address indicted in the order. When the customer also requires an invoice to be sent in hardcopy, then Infinite Science GmbH (Inc.) can debit an extra charge.

(6) The consignment and delivery of print products is subject to the reservation of ownership rights. All goods supplied remain the property of Infinite Science GmbH (Inc.) until the complete payment of the price of an order.

 

8 User rights in digital content

(1) Purchased digital content will be supplied to the customer as a document in the electronic form of the individual eBooks or ePapers.

(2) The use of an eBook or ePaper is only permitted for the own private use of the customer as well as that which is permitted in the copyright legislation. Downloaded digital content may be stored by the customer on his/her/its own personal terminal equipment. It is in particular impermissible to take unauthorised additional duplications, in particular onto terminal equipment or mediums, to which third parties have access; it is also impermissible to process or transform digital content and commercially exploit the end results; it is impermissible to pass the digital content to third parties, or to make the digital content available to others (including via the intranet). The foregoing regulations apply for digital content as a whole as well as for all copyright protected parts thereof (individual chapters, articles, photographs and graphics, etc.).

(3) Infinite Science GmbH (Inc.) hereby reserves the right to mark an eBook or ePaper purchased by the customer with an electronic watermark or with another form of technical identification designation including the name and email address of the customer. An addition, Infinite Science GmbH (Inc.) also reserves the right to protect itself from misuse, to mark an eBook or ePaper with other forms of designation, which are not immediately recognisable to the customer. And, finally Infinite Science GmbH (Inc.) hereby reserves the right to equip an eBook or ePaper with a technical protection countermeasure to prevent acts contrary to copyright and other protection rights.

 

9 Warranty and liabilities

(1) There exist statutory warranty requirements for the goods (print products). All warranty claims become statute barred two years after the date of receipt of the goods.

(2) Infinite Science GmbH (Inc.) is liable for all loss or damage to the customer, which is attributable to premeditation and gross negligence, or which result from the absence of a warranted characteristic of goods or services, and which are also attributable to a culpable infringement of essential contractual duties (so-called ‘cardinal’ contractual duties), and which are also attributable to the culpable death or injury to persons or detriment to their bodily health, or for loss or damage under the product liability legislation, in accordance with statutory requirements.

(3) Cardinal contractual duties are those which go to the root of a contract and whose effectivity make a regular execution of the contract of purchase and sale at all possible, and upon whose compliance the contractual parties may regularly put their trust, and whose infringement on the other hand will hazard the achievement of the contractual purpose.

(4) In cases of an infringement of a cardinal contractual duty, where any loss or damage is attributable only to slight negligence and not attributable to the death or injury to persons or detriment to their health, such loss or damage is limited to typical, foreseeable and anticipated liability to be reckoned with in the delivery of goods and rendering of services, such as under a contract of purchase and sale.

(5) Otherwise, all liability of Infinite Science GmbH (Inc.) and of its vicarious agents, no matter on what legal grounds, is excluded hereunder.

(6) Should any loss or damage to the customer result from any loss of data, Infinite Science GmbH (Inc.) is not liable for such, especially when such loss or damage could have been avoided by the customer making regular, complete system backups appropriate to the intrinsic value of the data.

 

10 Text of the contract of purchase and sale

Infinite Science GmbH (Inc.) does not envisage any especial contractual texts in view of its ‘GCBs’ – General Conditions of Business, and therefore does not save and store the contractual texts specific to the personally referred data of a customer.

 

11 Data protection

The protection and security of the personally referred data of a customer is an important matter for Infinite Science GmbH (Inc.). All information on such matters is to be found in the ‘Data Protection Declaration of Infinite Science GmbH (Inc.)’.

 

12 Sundry matters

(1) When the customer is a ‘commercially registered trader’, a legal person under the public law or a corporate entity of separately accounted assets, then Luebeck, Germany is the place of jurisdiction for all contractual disputes which may arise directly or indirectly under the contract of purchase and sale between Infinite Science GmbH (Inc.) and the customer. The place of fulfilment is agreed in such a case to be Luebeck, Germany.

(2) The same is to apply when the customer removes his/her/its place of residence or regular abode from the jurisdiction of the Federal Republic of Germany, after the conclusion of a contract of purchase and sale. The same is also to apply when the place of residence or regular abode of a customer is unknown at the date of the assertion of a claim.

(3) The body of law of the Federal Republic of Germany is solely applicable hereto. The application of the ‘CISG’ – the United Nations Convention on Contracts for the International Sale of Goods is excluded hereunder.

(4) Should any one stipulation of these present ‘GCBs’ – General Conditions of Business be or become ineffective, then this is not to affect the effectiveness of the remaining stipulations. In such a case, the contractual parties are to agree to negotiate a replacement stipulation coming closest to the economic intent of the original ineffective stipulation.

 

Status: 01.12.2015

 

 

Part II: General Conditions of Business for the Direct Sales of Event Tickets (Registrations) in the Online Shop of Infinite Science GmbH (Inc.) (Business Division: Infinite Science GmbH (Inc.) Conferencing)

1 Applications and confirmations

Applications for attending events can only be accepted where sufficient capacities are available. All applications are to include the postal address for invoicing purposes as well as any different details of the actually attending persons. An application for all booked parts of events becomes legally binding upon the issuing of a written invoice or reservation confirmation on the part of Infinite Science GmbH (Inc.), which will be sent by email message to the email address indicated by the applicant. An issued reservation confirmation also serves as an invoice, which is acceptable for tax purposes by the ‘Finanzamt’ (Agency of Inland Revenue and Customs) for submission.

 

2 The billing and deadline for payment of fees

(1) The fees for the scientific part of an event and for accompanied events, such as for example: the advanced training course or a tutorial, the ‘business evening’ and other events within an ‘overriding framework programme’, will be charged under the name – and and for the account – of Infinite Science GmbH (Inc.) and will include the charging of the statutory rate of value-added tax prevailing at that point in time.

(2) All fees are immediately payable upon receipt of invoice or reservation confirmation. For accounting purposes, only payment receipts can be accepted by Infinite Science GmbH (Inc.), which include the name of the participant(s) and invoice / reservation number. Payments made by credit card (Visa and MasterCard) as well as online payments between bank accounts, will be accepted.

 

3 Extent of the services rendered

(1) When the organisers of the event make no other indications on their website of the event, then the regular event fee only entitles one entry to the scientific programme. All the event documentation is however included, e.g. conference transcript, nameplate and participation confirmation, which are usually issued at the entrance to the event.

(2) When the organisers of the event provide no information on their website of the event, then the additional fees for the advanced training and overriding framework courses can be paid for as and when the participant wishes to participate. The relative fees for these options will be indicated when booking / reserving the courses.

(3) When the organisers make additional copies of the conference transcript and additional tickets for the ‘business evening’ available, then these can be booked / reserved by the participants individually. These will involve extra fees, which can be viewed on the website of the event or these will be indicated when booking / reserving.

 

4 Cancellations, change of reservation and refunds

(1) All cancellations must be given in writing.

(2) When the organisers of the event provide no information on their event website, cancellations are only possible at a cancellation charge of EUR 50.00, sixty days before the first day of the event. After this time period and/or when a participant fails to attend, then the full fee is payable as shown on the invoice / reservation confirmation.

(3) In case of cancellations of the social programme until 30 days before the first day of the event only the costs of money backtransfer will be charged.

(4) For changes of reservation after the issuance / receipt of the invoice / reservation confirmation, a charge of EUR 15.00 will be made. All changes of reservation, additional reservations / bookings at the event, are subject to availability.

 

5 Cancellation by the organisers and refunds

There are of course restricted capacities available for all parts of the events. Sometimes a minimum number of participants is required for the running an event. When minimum numbers of participants are not obtained, then organisers will reserve the right to cancel the event or certain parts at short notice. In such cases, the fee paid will be refunded at the venue in full.

 

6 ‘Force majeure’ (Act of God) and exclusions of liabilities

The organisers are solely liable for all alterations to the event / or parts of the event. Any assertions of indemnities for loss or damage are excluded when the running of the event is made difficult – or hindered – by unforeseen political or economic circumstances, or generally through ‘force majeure’ (Act of God), or when cancellations become necessary because of the cancellations of speakers or similar changes.

 

7 Hotel reservations and exclusions of liabilities

Infinite Science GmbH (Inc.) acts solely as an agent for hotel reservations and can adopt no liability for changes of reservation and cancellations; these are to be reported directly to the hotel concerned; and the cancellation terms and conditions of the hotel will apply.

 

8 Limitations of liabilities

Infinite Science GmbH (Inc.) acts only as an agent for an event offered by an organiser and can therefore adopt no liabilities for the organiser. Only the providers of the various services booked / reserved are liable for their provision and any possible deficiencies. Participation in the activities of the ‘overriding framework programmes’ and the evening programmes are at the risk of the participants.

Infinite Science GmbH (Inc.) is otherwise liable for death or injury to persons and detriment to their health, as well as for the gross negligence and premeditation of itself, its vicarious agents and legal representatives, in so far as material contractual duties have also not been infringed.

 

9 Text of the contract of purchase and sale

Infinite Science GmbH (Inc.) does not envisage any especial contractual texts in view of its ‘GCBs’ – General Conditions of Business, and therefore does not save and store the contractual texts specific to the personally referred data of a customer.

 

10 Data protection

The protection and security of the personally referred data of a customer is an important matter for Infinite Science GmbH (Inc.). All information on such matters is to be found in the ‘Data Protection Declaration of Infinite Science GmbH (Inc.)’.

 

12 Sundry matters

(1) When the customer is a ‘commercially registered trader’, a legal person under the public law or a corporate entity of separately accounted assets, then Luebeck, Germany is the place of jurisdiction for all contractual disputes which may arise directly or indirectly under the contract of purchase and sale between Infinite Science GmbH (Inc.) and the customer. The place of fulfilment is agreed in such a case to be Luebeck, Germany.

(2) The same is to apply when the customer removes his/her/its place of residence or regular abode from the jurisdiction of the Federal Republic of Germany, after the conclusion of a contract of purchase and sale. The same is also to apply when the place of residence or regular abode of a customer is unknown at the date of the assertion of a claim.

(3) The body of law of the Federal Republic of Germany is solely applicable hereto. The application of the ‘CISG’ – the United Nations Convention on Contracts for the International Sale of Goods is excluded hereunder.

(4) Should any one stipulation of these present ‘GCBs’ – General Conditions of Business be or become ineffective, then this is not to affect the effectiveness of the remaining stipulations. In such a case, the contractual parties are to agree to negotiate a replacement stipulation coming closest to the economic intent of the original ineffective stipulation.

 

Status: 17.01.2016

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