The following General Terms & Conditions of Use govern the reciprocal rights and obligations for private and institutional customers of the Mohr Siebeck Webshop ( I.) and the Mohr Siebeck eLibrary ( II.) on the one hand, and the Mohr Siebeck GmbH & Co. KG (known hereinafter as the Publisher) on the other hand.
1. Orders from End Customers
Products ordered from the Mohr Siebeck Webshop are made subject to their availability. If an ordered product has not yet been issued, the order is reserved. Delivered products remain the property of the Publisher until such time as the purchase-price claim has been met in full. Delivery costs shall be borne by the purchaser.
End customers can only order electronic content from the Mohr Siebeck Webshop if they have a customer account.
The shipping charges for printed works as well as data storage media shall be calculated according to German Postal Service tariffs upon completion of the order and dependent on the weight and shipping address involved. For deliveries to be made per express or by air, please contact the Customer Service Department.
Prices for the shipment of magazines are listed under the item "Subscription" on the platform of each magazine on our website (to reach the overview of magazines issued by the publishing company).
Payment shall be effected by credit card, PayPal or advance money transfer (cash in advance). Orders on account are only possible for authors with an existing customer account.
When ordering electronic content, payment shall be effected by the end customer by credit card or by PayPal. If, at the time of purchase, at least one item of electronic content is located under purchased products in the shopping cart, then the Terms of Payment for electronic content applies for all products in the shopping cart.
Invoices for ordered products are due immediately for payment. The invoice amounts are to be transferred without any deductions to one of the Publisher's accounts as listed on the invoice.
After receipt of the amount invoiced, the delivery period shall be up to 3 workdays, for deliveries abroad, the delivery period may deviate depending on the destination country involved.
For customers from EU countries our prices are inclusive of statutory value added tax. For customers from non-EU countries our prices are exclusive of statutory value added tax.
2. Right to Revocation and Cost Bearing Agreement
Insofar as you are a consumer, you have recourse with immediate effect to the following right to revocation with regard to a purchase:
– Right to Revocation –
a) Right to Revocation
You are entitled to revoke this purchase contract without setting forth any reasons within a period of 14 days.
To exercise your right to revocation, you must notify the Publisher by means of an unequivocal declaration (e.g. a letter sent through the postal service, telefax, e-mail or a phone call) about your decision to revoke the contract. To do so, you can use the attached revocation form, this is however not binding.
The revocation period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. All that is required to preserve the right to revocation period is to send notification about your intention to exercise the right to revocation before the revocation period expires.
The revocation is to be addressed to:
Mohr Siebeck GmbH & Co. KG
– Delivery Department –
P.O. Box 2040
Telephone: +49 7071 923-10
Telefax: +49 7071 51104
b) Consequences of Revocation
If you revoke the purchase contract, the Publisher shall refund promptly all payments received from you as a consequence of the specific contract, including delivery costs (with the exception of additional costs incurred because you requested a type of delivery other than the favourable standard delivery procedure as offered by the Publisher), but no later than within a period of 14 days from the day on which your revocation notification was received by the Publisher. For this repayment the Publisher shall use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; on no account will you be invoiced any fees for this repayment.
The Publisher can refuse to make the repayment until such time as the goods have been returned or until you have furnished evidence that you have returned the goods, depending on which happens first.
You shall return the goods promptly, and - whatever the case - by no later than within a period of 14 days from the day on which you notified the Publisher about the revocation, return or transfer to the Publisher. The deadline is met if you send off the goods before expiry of the 14 day deadline period. The immediate costs for return shipment of the goods shall be borne by you.
You shall only be liable for any loss of resale value, if this loss of resale value is down to an unnecessary handling of the goods for the purpose of examining the condition, properties and method of operation of the goods.
– End of Statutory Information on Revocation –
c) Exclusion or Expiry of Right to Revocation
A right to revocation does not exist for deliveries of data storage media in a sealed package, insofar as the sealing was removed after delivery.
A right to revocation does not exist either for contracts for the delivery of individual issues of magazines as issued by the Publisher.
A right to revocation does not exist either with regard to the purchase of electronic contents by private customers of the Mohr Siebeck eLibrary, where the Publisher has commenced with execution of the contract, after the customer (1) has expressly agreed to the Publisher executing the contract prior to expiry of the revocation period and (2) confirmation by the customer that he is aware that once execution of the contract has started, the right to revocation then ceases.
1. Article of Use
The article referred to by these Terms & Conditions of Use concerns the use of electronic content as purchased on the mohrsiebeck.com website (known hereinafter as: Article of Use). The Article of Use is protected by copyright and subject to statutory terms of copyright.
The Publisher grants the customer the non-exclusive, non-transferable and non-sub licensable right, to access the Article of Use for use subject to these Terms & Conditions of Use. The customer is granted a permanent right of use for purchased content, as long as the Publisher is in possession of the required rights to do so. The Article of Use (complete or in parts) may not be archived without the prior express permission of the Publisher.
Any use other than that expressly permitted in these Terms & Conditions of Use is prohibited. The Article of Use may only be used within the limits of the authorisation purchased by the customer. It is not permitted to reproduce the Article of Use in public or provide public access to it, in particular, in online repositories or elsewhere on the Internet.
The Publisher reserves the right to withdraw the Article of Use, where reasonable suspicion is given that the right to place it at the disposal of third parties has been infringed or where any other legal specifications have been violated.
2. Technical Requirements
The customer shall ensure that the technical requirements for access to the Mohr Siebeck eLibrary are available. This includes provision of a compatible browser. The Publisher shall notify the customer of the browsers that can be used as and when requested to do so. It is incumbent on the customer to equip his computer hardware with the latest anti-virus software and to update it at regular intervals. The Publisher shall not be held liable for any damage caused by viruses that could have been repelled with the aid of corresponding software. Furthermore, the customer is responsible for backing up his own data and the data stored on his own hardware.
3. Rights & Obligations
a) Rights & Obligations of Private Customers of Mohr Siebeck eLibrary
Private customers can open a customer account on the mohrsiebeck.com website. The customer account is protected by means of authentication through the customer's specified e-mail address and a password. The customer shall ensure that the access data are kept secret. The customer is obliged to ensure that suitable precautions are undertaken to prevent any unauthorised use of the data. If the customer receives notification of any misuse of the access data or passwords, the customer shall inform the Publisher without delay. In the event of any misuse, the Publisher is authorised to block access to the Article of Use. The customer shall be liable for unauthorised use of the Article of Use, where and insofar as the customer is responsible for such use.
The enabling of access to the Article of Use purchased by the customer shall be effected after conclusion of the purchasing procedure on the Publisher's website mohrsiebeck.com. When the customer clicks on the download link sent to him by the Publisher to the Article of Use purchased by the customer or when the purchased Article of Use is called up for the first time in the eLibrary, the contract on using the electronic content is then concluded (licence; to "Right to Revocation", see above at I.2.). The Article of Use is generally enabled in the customer account within a period of two workdays.
b) Rights & Obligations of Institutional Customers of Mohr Siebeck eLibrary
Institutional customers are subject to the following conditions only when a separate licence agreement was not concluded about the use of the Mohr Siebeck eLibrary content; in this case, the provisions defined in this Licence Agreement take priority over the following versions.
Institutional customers can apply to the Publisher for access to the administration area “Customer account for libraries”. Usage statistics and catalogue data for the Article of Use can be called up there and contact and access data edited. Catalogue data made available may be imported by the institutional customer at any given time into their own catalogues or into catalogues of associated institutions (e.g. Library groups).
Institutional customers can provide authorised users with access for usage. Access and usage are to be via an independent network or a virtual network, which can only then be accessed by authorised users that are controlled and monitored by the institutions (secure network).
Authorised users are:
The number of simultaneous users is unrestricted for institutional accesses. Generally, the usage authorisation is for individual locations ("single sites", an associated campus).
Access to the Article of Use is provided through the IP addresses made available by the institutional customer. The Publisher reserves the right to reject individual IP addresses or IP ranges, where they do not belong in the area of the purchasing institution. Visitors to the library can be granted access to the Article of Use in the institution’s physical premises at computer workplaces. Furthermore, members and personnel of the respective institution can access the contents purchased by the institution by remote access. This is implemented by the institution’s own VPN dial-in procedure or using a shibboleth.
The Article of Use may be viewed and examined for private usage or for research purposes. It remains the case that within the limits set by statutory specifications, up to 15 per cent of a published work as well as complete illustrations, individual articles from the same scientific journal, miscellaneous works of lesser scope and works that are out of print
In accordance with the specification of § 60e Section 5 German Copyright Act (UrhG) institutional customers are permitted to forward reproductions of up to 10 per cent of a published work as well as individual articles that were published in the Publisher’s magazines, as single orders to users for non-commercial purposes (interlibrary loan).
Institutional customers are obliged to implement all reasonable and suitable technical and legal measures designed to prevent any infringement of granted rights, use contrary to the terms of the contract, misuse and any other malfunctions, and to rule out any recurrence thereof. Furthermore, they are also obliged to notify the Publisher about any such incidents without delay and comprehensively. Institutions must inform the authorised users about these Terms & Conditions of Use in a suitable form and bind them to these conditions.
c) Performance Impairment and Liability
The Mohr Siebeck eLibrary is generally available to the customer 24 hours a day on a seven-day basis. The Publisher shall ensure an accessibility level of 95% is available on an annual average. Exceptions hereto are downtimes caused by maintenance and software updates as well as times in which the Publisher's Internet server was not accessible due to force majeure or, in particular, through technical problems that were outside the Publisher's area of influence (e.g. caused by third parties). The Publisher shall not be liable for a specific transfer capacity and/or speed when transferring data to and/or from the Publisher's server. The Publisher is entitled to block access to the eLibrary on a temporary basis where required for the security of the network operation or maintenance of use, in particular for the avoidance of serious malfunctions in the network or any loss of stored data.
Contextual flaws in the Article of Use shall be rectified by Mohr Siebeck once accordingly notified as part of the usual contractual update procedures. No-fault liability is excluded. The liability for the infringement of essential contractual obligations is restricted to the replacement of typical contractual, foreseeable damage, insofar as no intent or gross negligence was involved.
d) Open Access, Licences, Prices
For our content demarcated as "Open Access" the following applies – insofar as the bibliographical details are not stated otherwise – Licence CC-BY-NC-ND 4.0 (Attribution – No Commercial – No Derivatives 4.0 International: https://creativecommons.org/licenses/by-nc-nd/4.0/). They may not be modified or supplied for a commercial purpose without the Publisher's consent. When forwarding an identical print version, a complete reference must be made to the originator, the Publisher and the DOI.
The Publisher reserves the right to subsequently make contents that were purchased for a licence, available licence-free. The Publisher is also entitled to change the final price of individual electronic products. In both instances, there are no claims for reimbursement with regard to user rights purchased prior to this time.
The "Open Access" provisions do not apply for contents demarcated as "free access". These are freely accessible on the Mohr Siebeck eLibrary and they may be downloaded, stored and printed out, but not made available in another area. The rights and obligations as defined in these Terms & Conditions of Use remain applicable with regard to use by private and institutional customers.
e) Long-Term Archiving
Customers who purchase Mohr Siebeck eLibrary electronic content acquire a permanent right of usage. To secure the right of usage even in the event that the data are no longer available on the platform or where the Publisher shall no longer make its contents available at a subsequent point in time or where it is unable to do so, the Publisher shall ensure that the data are archived as a precaution by an external service provider.
From 15.02.2016 onwards, the European Commission has made a platform available for online dispute resolution that you can reach at http://ec.europa.eu/consumers/odr/
The Publisher's e-mail address is as follows: firstname.lastname@example.org.
The Publisher is legally bound to notify you that the Consumer Arbitration Board responsible for you is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V., Strassburger Strasse 8, 77694 Kehl am Rhein, Germany (www.verbraucher-schlichter.de). At the same time, we would also like to inform you that we are not prepared to participate in any dispute resolution procedure with this Consumer Arbitration Board.
The place of performance is Tübingen in Germany. The place of jurisdiction in dealing with traders, public law entities and with separate property under public law is Tübingen, Germany.
Responsible for content:
Mohr Siebeck GmbH & Co. KG
P.O. Box 2040
Telephone: +49 7071 923-0
Fax: +49 7071 51104
Responsible for contents as per § 6 German State Treaty for Media Services (MDStV): Dr. Henning Ziebritzki
In the event that individual provisions in these Terms & Conditions are partially or fully void or ineffective or they will become so, the validity of the remaining provisions remains intact.
The Publisher reserves the right to make changes at any given time to these General Terms & Conditions of Use. They are subject to those conditions that were valid at the point in time when the Article of Use was enabled. Changes to the General Terms & Conditions of Use shall be notified on the Publisher's website mohrsiebeck.com.
Legal form: GmbH & Co. KG (Limited partnership (KG) with a limited liability company (GmBH) as a general (personally liable) partner)
Registration court: Local Court (Amtsgericht) Stuttgart, Germany
Registration number: HRA 381497
Personally liable partner: Siebeck Verwaltungs-GmbH
Registration court: Local Court (Amtsgericht) Stuttgart, Germany
Registration number: HRB 382687
Authorised Representative Managing Director: Dr. Henning Ziebritzki
Issue date: August 1, 2018