Terms and Conditions

Scope of application
Conclusion of contract
Prices and terms of payment
Term and notice period
Delivery and shipping conditions
Right of withdrawal
Data protection
Retention of title
Liability for defects (warranty) and transport damage
Liability for defects
Applicable law
Place of jurisdiction
Alternative dispute resolution
Final provisions

1. Scope of application

These General Terms and Conditions (“GTC”) of Georg GmbH & Co. KG (“Georg Media”) shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (“Customer”) concludes with Georg Media with regard to the goods presented by Georg Media in its online store or websites. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed with the Customer
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity
The subject of the contract is, according to Georg Media's product description, the sale of goods and services by way of a one-off delivery or the sale of goods and services by way of a permanent delivery (“subscription”). The goods offered by Georg Media are e.g. books, magazine subscriptions, journals, ePaper, memberships, software or other fee-based articles and time-limited, fee-based online services. Furthermore, Georg Media offers the publication and distribution of advertisements in print and online as well as other services. In the case of subscriptions, Georg Media undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contract term at the contractually owed intervals.

2. Conclusion of contract

2.1 Conclusion of contract via the online shop

The presentation of the products in the online store does not constitute a legally binding offer on the part of Georg Media, but a non-binding online catalog. The presentation of the products is valid “while stocks last”, unless otherwise stated with the products. Errors excepted. The customer places goods in the virtual shopping cart and submits a binding offer with regard to the goods contained in the shopping cart by sending the order (clicking on the button “order subject to payment”).
The Customer may also submit the offer to Georg Media by telephone, fax, e-mail or post.
Immediately after sending the order, Customers shall receive a confirmation of receipt of their order by e-mail. Georg Media may accept the Customer's offer by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), the receipt of the order confirmation by the Customer being decisive, or by delivering the ordered goods to the Customer, the receipt of the goods by the Customer being decisive, or by Georg Media requesting payment from the Customer after he has placed his order.
The text of the contract shall be stored by Georg Media and sent to the customer by e-mail upon request.
Should Georg Media's order confirmation contain typographical or printing errors or should the pricing be based on technical transmission errors, Georg Media shall be entitled to contest the order, whereby Georg Media must prove the error.
Only the German language shall be available for the conclusion of the contract.

2.2 Special features when concluding a contract for membership of NXT A

In order to register as a user, an online registration form must first be completed. The user agrees to the (i) General Terms and Conditions, (ii) the General Terms and Conditions of “NXT A” and the (iii) Data Protection Agreement of Georg Media. Georg Media will then send an e-mail to the e-mail address provided by the user during registration; this e-mail will contain a link for confirmation. By clicking on the link, the contract between Georg Media and the User (“Member”) is concluded and the registration is completed.
Acceptance by clicking on the link must be declared within 14 days of submitting the application. Until this time, the future Member shall be bound by his/her application for club membership unless he/she exercises any statutory right of revocation. Georg Media shall not be obliged to accept the application.

3 Prices and terms of payment General

3.1 Prices and terms of payment in general

All prices are quoted in euros including VAT. The prices valid at the time of the order shall apply. Any additional delivery and shipping costs will be indicated separately in the respective product description.
The purchase price is due without deduction immediately upon receipt of the goods and must be paid to one of the Georg Media accounts specified in the invoice.
In the case of subscriptions, the subscription price shall be due upon receipt of the invoice. Georg Media reserves the right to adjust the prices of subscriptions, even in the case of continuing subscriptions, taking into account the general rate of inflation. This right to adjust prices shall apply in particular in the event of demonstrable increases in material, shipping and labor costs, in accordance with the information provided to the customer.
Magazines and books are subject to price fixing in Germany. Any short-term price increase or reduction by the publisher must therefore be passed on to the customer. In the event of a price reduction, the lower price will be charged. In the event of a price increase, the article will only be sent and invoiced after prior consultation with and approval by the customer. The same applies to orders for electronic media. Price errors are reserved.
The customer is not entitled to withhold payments unless he has a statutory right of retention. In the event of late payment or deferment of payment, interest and collection costs shall be charged. In the event of late payment, Georg Media may demand advance payment for further orders or outstanding partial deliveries.
Within Germany, the customer can pay by invoice (amount payable after receipt of the delivery), in advance (amount payable before delivery of the goods), by direct debit or by credit card. Georg Media accepts VISA and Mastercard/Eurocard. When paying by credit card, the invoice amount is due immediately upon ordering. Outside of Germany you cannot pay by invoice.
If invoices for deliveries and services are paid by SEPA direct debit, the customer will receive advance information on the direct debit at the latest one day before the due date.

3.2 Terms of payment for membership of NXT A

The membership fee is due for payment for the first time after the first non-contributory month of membership on the 5th of each subsequent month. The membership fee is collected from the member's account. By registering, the club member agrees to the collection of the monthly membership fee. The bank and processing costs of EUR 1.00 incurred in the event of a returned direct debit will be charged to the member. Georg Media reserves the right to terminate membership after incorrect direct debit collections.
In the case of special or corporate memberships, the entire membership price must be paid in advance in one lump sum.
Georg Media reserves the right to increase the membership fee or to amend these Terms and Conditions of Membership. The user shall be informed of this in good time in advance, together with the right of the user to terminate the membership extraordinarily in this case, of which the user shall also be expressly informed in advance.
The member must notify any change of address or bank details in good time so that the monthly membership fee can be collected.

4 Term and notice period

4.1 Subscription term and notice period

Annual subscriptions cannot be canceled in the first year of subscription and can be canceled monthly thereafter

4.2 Term and notice period for NXT A

Membership is unlimited and begins on the date of joining. Membership can be terminated at any time at the end of the month by either party in text form (Section 126b BGB, e.g. fax or email) (email: contact.nxt-a@georg-media.de).
Cancellation by the user takes place via the cancellation function in the respective user profile of the member. However, for some of the memberships offered, in particular special promotion-related memberships and memberships for business customers, the fixed terms expressly stated at the time of ordering apply, to which the user is expressly informed in advance.
The right to terminate without notice for good cause remains unaffected for both contracting parties. Good cause shall be deemed to exist in particular if the membership fee is not paid when due or if there is a breach of the contractual terms and conditions, including the terms and conditions for the use of the NXT A online platform.

5 Delivery and shipping conditions

Delivery will be made to the postal address specified in the order (no PO box). If the item ordered has not yet been published, the order will be reserved. We are entitled to make partial deliveries. You will receive ordered items that are available for delivery immediately. Articles that have been ordered but are not yet available will be delivered immediately after publication.
If items are already out of stock, you will be informed of this fact immediately; you can then either cancel the order or make a reservation for a possible new edition. In this case, any advance payments will be refunded immediately.
The delivery of goods is carried out in accordance with the contract (unless otherwise stated) by the service company commissioned by us:A&O GmbH
Elisabeth-Selbert-Straße 5
D-63110 Rodgau-Dudenhofen
The delivery time is approx. five working days. All deliveries to commercial customers are made at the customer's risk.
Delivery outside of Germany is only possible with advance payment. After receipt of the invoice amount, the goods will be delivered immediately by the service company commissioned by us.
For orders placed via the book trade, their terms and conditions apply.

6 Responsibility for services and content; protection of access data

6.1 Responsibility for services and content; protection of access data for ePaper and Paid Content

Paid content includes the one-off download of articles (“paid articles”) and time-limited paid access (“access right”) to certain services and offers. This can be, for example, a single article with an attached PDF from an electronic journal archive.
The use of Paid Articles requires registration. The address data requested during registration must be complete and correct, e.g. first and last name, current address (no P.O. Box) and telephone number (no value-added service number), a valid e-mail address and, if applicable, the company and an authorized representative.
When registering, the customer chooses a member name and a password. The member name must not infringe the rights of third parties - in particular name or trademark rights - and must not offend common decency.
Customers must keep their password secret and carefully secure access to their membership account. Customers are obliged to inform Georg Media immediately if there are any indications that a member account has been misused by a third party.
Georg Media shall not disclose a Member's password to third parties.
Georg Media reserves the right to delete Member accounts of incomplete registrations after a reasonable period of time.
For customers with certain subscription rights, there is a discount on paid articles. Further details can be found in the price information for the individual paid article. Discounts for the various access rights are detailed when registering the access rights. Unless otherwise stated, access rights are calculated in advance for the specified period.
Georg Media reserves the right to change prices at any time and shall notify the customer of such changes in good time.
Once payment has been made, the Paid Article can be downloaded immediately, but only within a period of 10 minutes after the payment process. After the download, the product is available to the customer for an unlimited period of time. Access rights are transferred immediately and limited to the specified period after the payment process.
The download link for each e-book is valid for 4 weeks per purchase. The download can be started a maximum of 5 times.
Reproduction and distribution of the downloaded paid article and e-books are not permitted without the agreement and written confirmation of Georg Media. The user name and password enabling the purchased access may not be passed on to third parties.
Unless otherwise agreed, access rights may be terminated in writing with a notice period of 6 weeks to the end of the billing period.
If the downloaded file is defective, the customer is entitled to a replacement. This replacement does not apply if the file cannot be opened due to incompatible software.

6.2 Responsibility for services and content; protection of NXT A access data

Georg Media shall be responsible for the NXT A services and the content published by NXT A. However, Georg Media accepts no responsibility for content published by club members on the NXT A community services.
Registered users are themselves responsible for protecting their access data and are also obliged to inform Georg Media immediately of any knowledge of their access data obtained by third parties and of any misuse thereof. Georg Media shall not be liable for any damage incurred by the registered user and/or the third party as a result of the misuse or loss of the access data.

7. right of revocation

7.1 General right of withdrawal

Consumers are generally entitled to a right of withdrawal.
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or, if an item is provided to you before the deadline, by returning the item.The period begins with receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Art. 246 § 2 in conjunction with. § 1 para. 1 and 2 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. You can use the attached sample withdrawal form, but this is not mandatory.
The revocation is to be sent to:Georg GmbH & Co. KG
Marion Bucher
Balanstraße 73, House 31
81541 Munich
Fax no. +49 89 / 43 60 05 - 117
E-mail: kundenservice@georg-media.de
Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. The return costs are to be borne by you. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The goods should be returned to:A&O GmbH
Elisabeth-Selbert-Straße 5
D-63110 Rodgau-Dudenhofen
Note:
The legal exceptions according to § 312 g para. 2 BGB apply.

7.2 Right of withdrawal for digital content (paid articles and eBook downloads) and services

Cancellation policy:
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or, in the case of partial deliveries, the last delivery. To exercise your right of withdrawal, you must inform us
Georg GmbH & Co. KG
for the attention of Marion Bucher
Balanstrasse 73, House 31
81541 Münchenkundenservice@georg-media.de
Fax no.: +49 89/43 60 05 - 117 by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal:
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the goods or services received in full or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would be possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were your property and by refraining from doing anything that could impair its value. Items that can be sent by parcel post are to be returned at our expense and risk. Items that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
Information on the expiry of the right of withdrawal:
The right of withdrawal expires prematurely in the case of contracts for digital content, such as e-books, if the customer requests and carries out the download of the digital content before the withdrawal period expires.
Otherwise, the statutory exceptions according to § 312 g para. 2 BGB apply.

8. data protection

Detailed provisions on data protection can be found at

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9. reservation of title

With respect to consumers, Georg Media shall retain title to the delivered goods until the purchase price owed has been paid in full.
In the case of entrepreneurs, Georg Media shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
If the customer acts as an entrepreneur, he shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer shall assign to Georg Media in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the goods subject to retention of title have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. This shall not affect Georg Media's right to collect the claims itself. However, Georg Media shall not collect the claims as long as the customer meets his payment obligations towards Georg Media, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

10 Liability for defects (warranty) and transport damage

If the Customer acts as an entrepreneur, Georg Media shall have the choice of the type of subsequent performance; in the case of new goods, the limitation period for defects shall be one year from the transfer of risk; the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
If the customer acts as a consumer, the statutory warranty shall apply. For all defects occurring during the statutory warranty period of two years from delivery, the customer has the statutory right to subsequent performance (at the customer's discretion: rectification of defects or replacement delivery) and - if the statutory requirements are met - the statutory rights to a reduction in price or withdrawal and also to compensation.
If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible: Telephone number: +49 89 436005-0
Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

11 Liability

Georg Media shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

Georg Media shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, on the basis of mandatory liability such as under the Product Liability Act.
If Georg Media negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on Georg Media according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.
Any further liability on the part of Georg Media shall be excluded.
The above liability provisions shall also apply with regard to the liability of Georg Media for its vicarious agents and legal representatives.

12 Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13. place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Georg Media, Munich. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of Georg Media shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, Georg Media shall in any case be entitled to appeal to the court at the Customer's place of business.

14 Consumer dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution (so-called ODR platform) at https://ec.europa.eu/consumers/odr. In this context, we are legally obliged to inform you of our e-mail address. This is kundenservice@georg-media.de. We will endeavor to settle any disputes arising from our contract by mutual agreement. Beyond this, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15 Final provisions

15.1 Final provisions General

If a provision of these GTC is invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.

15.2 Final provisions NXT A

Club members will be notified in advance of any changes to the contractual terms and conditions in text form by email. An amendment shall be deemed approved if the Club Member does not object to it in text form within one month. Georg Media shall inform the member of this separately in the corresponding notification of the change to the conditions of participation.
Georg Media can only carry out a very limited check of the data stored when registering on websites operated by Georg Media, as the identification of persons on the Internet is only possible to a limited extent. Despite various security precautions, it is therefore possible that incorrect contact data may have been entered for a member account. Each member must therefore verify the identity of their contractual partner themselves.

Status: November 2020