General Terms and Conditions (current as of February 2017)
for the purchase of goods (in particular publications) from Fraunhofer Informationszentrum Raum und Bau IRB, Stuttgart.
1. Subject Matter; Contractor
Fraunhofer Informationszentrum Raum und Bau IRB (hereinafter referred to as: "Fraunhofer IRB") offers to all interested parties to purchase publications (hereinafter referred to as: "goods") especially those published by Fraunhofer IRB Verlag and Fraunhofer Verlag. The Goods will be available as a printed version, a digital version (e.g. per download or per push service), on a data-medium (e.g. CD/DVD) or as single document; journals and databases are also available as a subscription.
Fraunhofer IRB is a legally dependent institution belonging to the
Fraunhofer Gesellschaft zur Foerderung der angewandten Forschung e.V., Hansastrasse 27c, 80686 Munich (hereinafter referred to as: "Fraunhofer"), court of registration: District Court Munich (Amtsgericht München), association registry number VR 4461.
All contracts on the purchase of goods will be concluded with Fraunhofer.
The contact address for correspondence regarding all issues relating to the ordering of goods is
Fraunhofer-Informationszentrum Raum und Bau IRB,
Fraunhofer IRB Verlag
Nobelstrasse 12, 70569 Stuttgart
Our customer service may be contacted via:
Telephone +49 711 970-2500
Fax +49 711 970-2508
For contracts relating to the purchase of goods, the following provisions shall apply. Divergent, contradictory or supplementary pre-formulated terms on the part of the customer shall not become part of the contract unless Fraunhofer IRB expressly agrees that they shall apply.
2. Order; Formation of Contract; Text of Contract
Orders shall be placed via telephone, via mail, via fax or via email. Contracts are concluded by mutual written (e.g. mail, fax or email) or oral declarations (via telephone).
For orders in the online shop of Fraunhofer IRB, the following provisions shall apply:
The representation of products in the online shop shall not constitute a legally binding offer for the sale of those goods but rather a request to the customer to place an order. This order shall be regarded as the legally binding offer to purchase the chosen goods and is made by the customer by clicking on the button "Kaufen" ("Buy now"). A contract on the sale and delivery of the goods shall effectively be formed upon Fraunhofer IRB′s express confirmation of the order (order confirmation) via email, the dispatching of an invoice or the delivery of the goods to the customer. Any confirmation displayed on the screen after the customer placed his order does not constitute a contract but informs the customer that his order has been sent to Fraunhofer IRB. The period, within which Fraunhofer may accept the order, is determined by Section 147 et seq. German Civil Code.
The contractual text will be saved by Fraunhofer IRB. The General Terms and Conditions are continuously accessible in the online shop of Fraunhofer IRB. Once the order of the customer has been completed, the details of the order are no longer accessible via the Internet.
Goods in printed form and goods on physical data carriers will be delivered to the address specified by the customer, unless otherwise agreed. Fraunhofer IRB reserves the right to deliver the goods through a third party.
In order to deliver digital content, which the customer may receive by means of electronic ways, the customer is provided a download link. Digital content will be downloaded to the customer′s storage media by clicking the link. The customer shall care for appropriate internet access. Any costs incurred during the delivery of digital content (e.g. connection- and telecommunication fees) shall be born by the customer.
Delivery of physical goods shall be subject to their availability. If the ordered goods are not available or not yet published at the date of the purchase, Fraunhofer IRB will inform the customer about the estimated date of delivery and the order will be reserved. As soon as the goods are available, they will be delivered to the customer without any further notification. In case a new edition is not yet available or in case the goods are exhausted, the new edition will be reserved. If the ordered goods are not available and there will be no new edition the customer will be given notice. Payments already received will be returned immediately.
Loose-leaf publications and publications on data-medium (e.g. CD/DVD) will be delivered in the latest edition.
Unless otherwise agreed, the customer shall bear the costs of delivery. The same applies for Booksellers, wholesalers and retailers.
If the Customer operates a commercial business within the meaning of Sec. 1 (1) of the German Commercial Code (Kaufmann im Sinne des Handelsgesetzbuchs) or is a statutory corporation or foundation under public law the place of performance concerning obligations of Fraunhofer is Stuttgart, the domicile of Fraunhofer IRB whereas the place of performance concerning customer′s payments is Munich, the domicile of Fraunhofer.
If the goods are sent to a place other than the place of performance upon customer's request, risk of transportation shall pass to the customer as soon as the goods are handed over to the transportation company. This shall only apply in case the customer is a businessman as per Section 14 of the German Civil Code (Bürgerliches Gesetzbuch). A businessman as per Section 14 of the German Civil Code is a natural person or a legal entity or partnership which, when entering into a legal transaction, acts in exercise of its trade, business or profession.
In the event of faulty or unsuitable packaging, Fraunhofer shall cover transport damages arising by dint of this packaging and shall it bear the costs for returning the damaged goods.
4. Copyright and Rights of Use
The goods are protected by copyright regardless the way of delivery. For digital content the following provisions shall apply:
Fraunhofer grants to the customer the right to use digital content only for non-commercial purposes and for an unlimited period of time. This right is granted non-exclusive and not transferable. The customer shall neither distribute the content, be it in whole or in parts in a digital or in a printed version as per Section 17 of the German Copyright Act (Urheberrechtsgesetz), nor shall he display the content in public (as per Section 18 of the German Copyright Act) as well as making it available to the public (as per Section 19a of the German Copyright Act) or presenting it to the public in any other way. The right of reproduction of the content is restricted to private use (as per Section 16 of the German Copyright Act).
The use of the content for non-commercial purposes includes private use. If the customer is a businessman within the meaning of Section 14 of the German Civil Code, this also comprises internal use. A use within a business is only to be regarded as "internal" if the content is stored on a single computer or a single device and is used at a single workstation.
Any other non-private or non-internal use, especially a commercial use, shall be subject to Fraunhofer IRB′s prior explicit consent. Consent shall be submitted in textual form within the meaning of Section 126b of the German Civil Code.
The customer shall not remove any copyright notice or symbol, any trademark or other such notices from the goods. The customer shall not make modifications or amendments to the goods; in particular the customer shall neither edit the content or the design of the goods nor translate them into other languages.
Fraunhofer may personalize digital content with visible and invisible marks in order to enable identification and legal pursuit of the initial customer in case of any misuse.
5. Right of Withdrawal for Consumers; Information on the Exercise of the Right of Withdrawal
If the customer is a consumer within the meaning of Section 13 of the German Civil Code, he or she can withdraw the contract. A consumer is a natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. The following section informs the customer of his/her legal right of withdrawal.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Fraunhofer-Informationszentrum Raum und Bau IRB,
Fraunhofer IRB Verlag
Nobelstrasse 12, D-70569 Stuttgart
Telephone: +49 711 970 2500, Fax: +49 711 970 2508
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
u will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Complete and return this form only if you wish to withdraw from the contract.
Company: Fraunhofer-Informationszentrum Raum und Bau IRB, Fraunhofer IRB Verlag
Address: Nobelstrass;e 12, D-70569 Stuttgart
Fax: +49 711 970 2508
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*): ..........................................................................................
Name of consumer(s): ..........................................................................................
Address of consumer(s): .........................................................................................................................................
Signature of consumer(s) (only if this form is notified on paper) .............................................................................
(*) Delete as appropriate
End of information on the exercise of the right of withdrawal
A right of withdrawal shall not apply for contracts on the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or goods that are clearly tailored to personal needs of the consumer. A right of withdrawal shall further not apply on contracts for the supply of sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery.
The customer is asked to prevent any damage or dirtying of the goods. If possible, the goods including all accessory parts and components of packaging shall be returned in their original packing. The customer is asked to use a protective outer packaging. In case that the customer no longer possesses the original packing, he/she is asked to use a proper packaging to protect the good from damages in order to prevent damage claim arising from poor packaging. The compliance with these measures is not prerequisite to the effective exercise of the right of withdrawal.
According to Section 356 para. 5 of the German Civil Code the right of withdrawal lapses in case of a contract for the supply of digital content which is not supplied on a tangible medium if the performance has begun before the end of the time limit for withdrawal with the customer′s prior express consent and his/her acknowledgment that he/she thereby loses his/her right of withdrawal.
All prices conform to the prices indicated in the Fraunhofer IRB online shop.
Unless otherwise expressly stated, the prices are including statutory VAT plus costs of delivery.
Some goods are offered at a "preferential price", which is – inter alia – available for members of scientific associations, professional organisations or for subscribers to certain magazines. Information on any such preferential prices can be found in the description of the goods in the Fraunhofer IRB online shop.
7. Due Date; Payment
Provided that no special dates for payment were agreed, payments shall be due in accordance with the due date specified in the invoice. If no due date is specified in the invoice, payments shall be due upon receipt of the invoice. Payments shall be rendered without any deductions to the account of Fraunhofer stated in the invoice, and specifying the invoice number.
The customer may exercise a right of retention only if his/her counterclaim is based on the same contractual relationship./p>
Fraunhofer reserves the right to demand payment in advance in particular cases, particularly those with deliveries to a destination outside Germany. In this case the customer will be given notice.
8. Warranty for Defects
Unless otherwise agreed, any claims based on material or legal defects of the delivered goods are governed by the statutory provisions on the sale of goods (Section 433 et seq. of the German Civil Code).
The warranty period for deliveries of goods shall be 24 months as of receipt of goods, if the customer is a consumer within the meaning of Section 13 of the German Civil Code. The warranty period for deliveries of goods shall be 12 months as of receipt of goods, if the customer is a businessman within the meaning of Section 14 of the German Civil Code.
9. General Liability
Unlimited liability: Fraunhofer is liable for intentional acts and gross negligence. In the case of slight negligence, Fraunhofer shall be liable regarding damages that arise from injury to life, body or health or according to the German Product Liability Act (Produkthaftungsgesetz).
Limitation of liability: In case of slight negligence, Fraunhofer shall be liable only
- if it is in breach of a material contractual duty, discharge of which makes due implementation of the contract possible in the first place and adherence to which the Customer can regularly expect (cardinal duty),
- limited to the amount of damage, that was foreseeable and typical of the contract at the time of conclusion of the contract.
This limitation of liability also applies in favour of the vicarious agents of Fraunhofer.
10. Title Retention, Granting of Right to Use
The ownership of the delivered goods, provided they are tangible movable items (e.g. books and journals), shall pass to the customer only upon payment of the entire purchase price. Granting of rights to use goods according to Section 4 of this General terms and Conditions is subject to the condition precedent of full payment.
11. Termination of Continuous Deliveries and Magazine Subscriptions
Provided that no divergent agreement exists, subscriptions of magazines and updates of loose-leaf-editions can be terminated by the customer at any time.
Contrary to Section 11.1, the customer may terminate subscriptions to magazines and also the update service for CD/DVD/Online-databases of the Fraunhofer IRB at the preferential price with six weeks′ notice to the end of the minimum subscription period. Otherwise, the subscription shall be automatically extended to further 12 months. The subscription period shall continue to be extended until the subscription is terminated with six weeks′ notice to the end of the pertinent extension period.
The right of extraordinary termination without notice remains unaffected. In particular Fraunhofer is entitled to terminate the agreement, if the customer does not fulfil its payment obligation arising from Section 7 of these General Terms and Conditions despite reminder and expiry of a deadline.
Any termination requires the written form.
12. Final Provisions
Ancillary agreements, changes and amendments require the written form.
If the Customer operates a commercial business within the meaning of Sec. 1 (1) of the German Commercial Code (Kaufmann im Sinne des Handelsgesetzbuchs) or a statutory corporation or foundation under public law, Munich shall be the legal venue for all disputes arising from or in the context of contracts between Fraunhofer and the customer.
Contracts between Fraunhofer and the customer shall be exclusively governed by the Law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Should individual provisions of these General Terms and Conditions be held invalid entirely or in art or become invalid due to circumstances that occur at a later time, the validity of the remaining provisions shall remain unaffected.
The European Commission provides an online dispute resolution platform (ODR) for out-of-courtsettlement at http://ec.europa.eu/consumers/odr/.
Fraunhofer IRB does not take part in dispute settlement proceedings carried out by consumer dispute resolution bodies.