General Terms and Conditions of Use

General provisions

The websites www.woerterbuch.langenscheidt.de and www.langenscheidt.com are operated by Langenscheidt Digital GmbH & Co. KG, Paul-Heyse-Straße 28, 80336 Munich, represented by Managing Director Ivo Kai Kuhnt, (hereinafter referred to as “Langenscheidt”).

The following conditions of use in Part A apply to all services offered on the websites. The website www.langenscheidt.com also contains an online shop through which users can purchase goods. If the user places such an order through the online shop, in addition to the conditions of use in Part A the General Terms and Conditions of Use (GTC) in Part B (hereinafter referred to as the “Shop GTC”) apply in that respect on a supplementary basis. Furthermore, the website at the sub-URL www.woerterbuch.langenscheidt.de contains the Langenscheidt online dictionary (hereinafter referred to as the “OD”). The OD is an online service enabling users to search in digitalised dictionaries. For the use of the OD, in addition to the conditions of use in Part A the General Terms and Conditions of Use (GTC) in Part C (hereinafter referred to as the “OD GTC”) also apply on a supplementary basis.

If content of the above-mentioned offers is offered as specific software applications, for example for mobile devices (“apps”), in principle the respective provisions in Parts A to C below also apply accordingly to those access possibilities to content, particularly in view of granted rights and usage possibilities. Langenscheidt advises you that additional terms and conditions of business, and possibly also differing or restrictive terms and conditions of business of the providers of the respective market places / app stores, may be applicable.

Insofar as a provision in Part B or C contradicts a provision in Part A, the respective provision in Part B or C shall apply. Provisions of the user that are contrary to or differ from these Conditions of Use and General Terms and Conditions of Business are not recognised by Langenscheidt, unless Langenscheidt confirms the applicability of such provisions in writing.

Part A: Conditions of Use for the website www.langenscheidt.com

1. User Group

1.1 The website and the services Langenscheidt provide free of charge via said website shall be available to all. The use of the online shop is available exclusively to users over the age of 18. An exception to this are users who are over the age of 14 and use the online shop with the permission of their parents/guardian.

1.2 Where users can opt to register for specific services on the Website, they must complete a one-off registration process by entering the details requested on an input screen (e.g. name, address, e-mail address). The purpose of the user's e-mail address is, for example, to enable communication with Langenscheidt, in particular to inform users about test accounts or licences that are due to expire or for other system messages in connection with the user account. During the registration process, the user shall be obligated to fill out the registration screen - where marked as a mandatory field - completely and correctly. The data must be updated if any changes occur. The user shall be liable for any damages incurred due to the culpable provision of incomplete and incorrect information.

1.3 The agreement in relation to a free service that requires registration (e.g. user account) shall come into force upon the submission of the registration form by the user and, where applicable, the confirmation of registration by Langenscheidt or a notification about the activation of the user account, containing access details where applicable.

1.4 The access data to the user account shall be treated personally and confidentially, stored in a safe place and protected against loss or from third parties gaining knowledge of it. The user shall not be entitled to disclose the access data to other individuals for the purpose of using the Website. Each user shall be entirely responsible for any activities performed using its access data. Langenscheidt shall only be liable for any damages incurred due to unauthorised access in cases of intent and gross negligence. The user shall inform Langenscheidt immediately if it has any reason to believe that its access data is being misused. Langenscheidt shall reserve the right to block access to the Website in the event of misuse.

1.5 Langenscheidt shall be entitled to cancel the user’s registration with immediate effect if the user attracts attention by repeatedly making entries that are in breach of these Terms and Conditions of Use or breaches these Terms and Conditions of Use in any other way and fails to remedy said breach even after receiving a reminder setting a specific deadline and/or repeats the breach.

2. Website contents

2.1 The contents of the Website are protected by copyright. Unless Langenscheidt has provided its written consent, each user shall be entitled to use the available contents for its personal, non-commercial purposes, in particular to print said content for its own use or to store said content in data files. Above and beyond this, users shall not be permitted to exploit the content in any form whatsoever, in particular to copy or distribute it, make it available to the general public, or publicly reproduce or edit it without the separate written consent of Langenscheidt. The user may not transfer and/or store any contents of the Website on any other networks (e.g. on school, university, company or public authority Intranets, or on file sharing networks) unless Langenscheidt has given its written consent to do so.

2.2 Langenscheidt shall endeavour to keep the contents of the website up-to-date and free of errors. However, a warranty or guarantee cannot be provided for said content being up to date and free of errors. Langenscheidt shall not be liable for loss or damage that may be suffered by a user where said user relies on the contents of the Website.

2.3 Langenscheidt shall reserve the right to change the contents and structure of the Website and the free services offered on it at any time. This shall include making specific offers and services subject to a charge or removing them completely. The user shall categorically not be entitled to any claims from the previous free use of said offers and service.

2.4 The website contains links to third-party websites (external links). Langenscheidt shall exert no influence on the content and design of said websites. The respective operator of the linked website shall be solely responsible for the content and accuracy of the information provided. At the time of linking the websites, Langenscheidt could not identify any violations of the law. Langenscheidt shall exert no influence whatsoever on the current and future content of linked websites. The provision of external links shall not mean that Langenscheidt shall appropriate the third-party content available via the links. Langenscheidt will not monitor or verify the external links unless there are specific indications of possible legal violations.

3. Rights and obligations of the user, copyright

3.1 The user shall be obligated to observe and comply with the applicable laws of the Federal Republic of Germany, in particular the copyrights and personality rights of third parties, when using the Website and not to use contents and services of the Website for illegal purposes.

3.2 The user may not make improper use of the Website. In particular, the user may not send any automated search requests or store automated results.

3.3 Any actions on the part of the user geared towards rendering the Website or services offered by Langenscheidt incapable of functioning, or impeding the use of such, are prohibited and shall be prosecuted under civil and criminal law. Such actions include, in particular, measures that could affect the physical and logical structure of one or more services or parts thereof.

3.4 Where the user makes use of any offers on the Website to interact with Langenscheidt or other users, in particular where it posts its own contents on the Website (e.g. in a forum or blog), the user shall, upon activating the upload function, grant Langenscheidt the permanent, irrevocable, non-exclusive and royalty-free right to publish the user's contents on the Website and to make said content available to random third parties for private use and to transmit said content to them via electronic communication networks (such as Internet and mobile phone networks) on any number of stationary and mobile terminals for on-demand access or as a push - also for downloading - and to reproduce said content for the purposes set forth above and to edit said content in terms of form and design (but not content).

3.5 The user shall only be entitled to post content which originates from him/her or for which the required rights have been obtained in accordance with Sub-section 3.4. The user shall ensure that content he/she posts is free from third-party rights (especially copyright and trademark rights to text and image contributions as well as the rights to privacy of the depicted persons or persons presented in any other manner). He/she shall indemnify Langenscheidt from all third-party claims made against Langenscheidt or its agents as a result of the content (comments, discussion posts in any form such as text or images, etc.).

3.6 Langenscheidt shall expressly indicate that the posted content originates from the user stated and that it solely represents the personal opinion of the respective user. Langenscheidt shall exert no influence on the content posted in user contributions. Langenscheidt shall not perform any editorial reviews or revision of the content. Langenscheidt reserves the right to remove offensive content or content that violates prevailing laws, especially offensive and racist content, content that glorifies violence, or other forms of content.

3.7 Users shall not be able to delete contributions once these have been posted. However, they may contact Langenscheidt and request for the post to be deleted. The deletion of the post shall be at Langenscheidt's discretion. This shall also apply after termination of the registration.

4. Trademark rights and copyrights

4.1 The use of logos and other Langenscheidt symbols is only permitted if prior written consent has been obtained from Langenscheidt.

4.2 Furthermore, the content of the Langenscheidt website, especially photos, shall be copyright protected. Langenscheidt shall have rights of use over the content it posts itself. Said content may not be reproduced or used in any other manner except for non-commercial purposes. Publication of such content shall require prior authorisation from Langenscheidt. No content may be copied, sold or leased, or reproduced or distributed in another manner without express written approval of Langenscheidt.

4.3 The unauthorised reproduction or dissemination of single items of content or complete pages outside of these provisions or of exceptional cases by law (e.g. in copyright law) shall not be allowed and shall be punishable by law.

5. Availability of the Website, liability

5.1 Langenscheidt shall not accept any warranty or liability for the permanent availability of the Website or individual services, but shall endeavour to keep the Website and the services available for the user without the user being entitled to any specific availability. Langenscheidt shall reserve the right, in particular, to restrict the hours of availability or suspend services for a certain period of time for technical reasons (e.g. due to maintenance or repair work).

5.2 Langenscheidt would like to point out that it is unable to develop computer programmes or applications/services in such a way that they run smoothly for all requirements. Langenscheidt can provide no warranty that the Website or applications/services, and any computer programmes or applications/services used for such, will meet the specific requirements of the user and that these will run smoothly on all computers and Internet browsers.

5.3 Langenscheidt shall not be liable for any data loss or damage caused by the use of the Website or by a breakdown of the Website.

5.4 Liability on the part of Langenscheidt shall be excluded unless Langenscheidt is guilty of intent or gross negligence. In all other cases, Langenscheidt shall be liable to the extent that essential obligations of the contract (material obligations) have been negligently breached. Material obligations are obligations that the contract must guarantee the user in terms of content and purpose or the fulfilment of which make the due execution of the contract possible and upon the observance of which the user may regularly rely. Liability on the part of Langenscheidt shall in this case be limited to the foreseeable damage that is typical for this type of contract.

5.5 Strict liability on the part of Langenscheidt, for example liability under the Product Liability Act or statutory liability under a guarantee, shall remain unaffected by the above-mentioned limitations of liability. This shall also apply for liability on the part of Langenscheidt for culpable injury to life, body or health.

5.6 Insofar as liability on the part of Langenscheidt is excluded or limited, this shall also apply for personal liability on the part of its legal representatives and vicarious agents. The limitations of liability shall also apply for all types of claims including claims based on tort law.

6. Cancellation of the free services (e.g. user account or “my account”)

6.1 Please note: pursuant to Section 312.1 of the German Civil Code, there shall be no right of revocation for services provided free of charge. The user may cancel the use of free services (e.g. user account or “My account”) at any time without notice by sending an e-mail, letter or fax to

Langenscheidt Digital GmbH & Co. KG
Paul-Heyse-Straße 28
80336 München
kundenservice@langenscheidt.de
Fax-Nr. +49 (0)89 36096 – 258

The user shall not be required to return any benefits gained or compensate for loss of value with regard to any benefits gained.

IMPORTANT: The cancellation right to which you are entitled as a consumer in the event that you order goods through Langenscheidt’s online shop or in the event of paid use of the online dictionary remains unaffected by this. For more on this, for the online shop see section 3 of the Shop GTC in Part B / for the paid online dictionary section 3 of OD GTC in Part C.

6.2 Langenscheidt shall be entitled to cancel the user's registration with immediate effect if the user attracts attention by repeatedly making entries that are in breach of these Terms and Conditions of Use, or breaches these Terms and Conditions of Use in any other way and fails to remedy said breach even after receiving a reminder setting a specific deadline, and/or repeats the offence.

7. Dataprotection

You can view our information on data protection here.

8. Online dispute resolution

In the event of problems with online purchases, Consumers have the option of using this platform to settle their disputes out of court:

The European Commission has provided a platform for out-of-court online dispute resolution. The platform can be accessed via https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE

9. Applicable law, place of jurisdiction, other provisions

9.1 These Terms and Conditions of Use shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the user/requestor is a merchant or a legal entity under public law, the place of jurisdiction responsible for all disputes arising from the contractual relationship shall be the court responsible for the company headquarters of Langenscheidt in 80336 Munich, Germany.

9.2 Should a provision of these Terms and Conditions of Use be or become ineffective, this shall not prejudice the effectiveness of the remaining provisions.

9.3 These Terms and Conditions of Use and other details of the contractual relationship shall be stored by Langenscheidt after conclusion of the contract. The Terms and Conditions of Use are available in both English and German. These can be viewed in their currently valid versions on the Website.

Part B: General Terms and Conditions of Business for the purchase of products on www.langenscheidt.com (“Shop GTC”)

1. Scope of applicability

For the business relationship between Langenscheidt (hereinafter referred to as the “Seller”) and the user who orders goods through the online shop of the website (hereinafter referred to as the “Customer”), in addition to the conditions of use in Part A the following Shop GTC apply on a supplementary basis.

2. Contract partner and the conclusion of the contract

2.1 The Customer’s contract partner is Langenscheidt Digital GmbH & Co. KG, Paul-Heyse-Straße 28, 80336 Munich, the District Court for Munich HRA 107042, VAT ID No. DE312051128. Customer service for questions and complaints can be contacted on business days from Monday to Thursday from 9.00am to 5.00pm and on Friday from 9.00am to 3.00pm on tel. +49 (0) 89 36096 – 333, by fax on +49 89 36096 – 258 and by e-mail at kundenservice@langenscheidt.de.

2.2 Presenting the products in the online shop does not constitute a legally binding offer but only an invitation to place an order. Errors are reserved.

2.3 By clicking on the button [buy] the Customer places a binding order for the goods listed on the order page. Langenscheidt can accept the order within two days by sending an order confirmation by e-mail or by delivering the goods. At that moment, the contract is deemed to be concluded.

3. Right of revocation

Consumers shall be entitled to a statutory right of revocation. Consumers are natural persons that conclude legal transactions for purposes that can be predominantly attributed to neither their commercial nor their professional freelance activities (Section 13 BGB).

_____________________________________________________________________________

REVOCATION NOTICE

TERMS OF REVOCATION

You have the right to withdraw from this contract within fourteen days without cause. The period of revocation is fourteen days from the date on which the contract was concluded.

In order to exercise your right of revocation, you must notify us

Langenscheidt Digital GmbH & Co. KG
Paul-Heyse-Straße 28
80336 München
E-Mail: kundenservice@langenscheidt.de
Telefon: +49 89 36096 - 333
Fax: +49 89 36096 - 258

accordingly in an unequivocal statement (e.g. letter sent by post, fax or e-mail) of your decision to withdraw from the contract. You may use the attached sample revocation form for this purpose, however, this is not mandatory. Sending notification of your intention to exercise your right of revocation before the period of revocation expires shall be sufficient to comply with the period of revocation.

CONSEQUENCES OF REVOCATION

If you withdraw from this contract, we are required to refund all payments that we have received from you, including delivery costs (with the exception of additional costs that arise if you have selected a type of delivery other than the cheapest standard delivery offered by us) without undue delay and within fourteen days at the latest from the date on which we received the notice of revocation. For this refund we use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We can refuse the repayment until the goods have been returned to us or until you have provided proof that you have dispatched the goods, depending which occurs earlier.

You must send back or hand over the goods without delay and in any event no later than 14 days from the date when you notified us of the cancellation of this contract to

Rhenus Medien Gotha GmbH & Co.KG
Langenscheidtstr. 10
99867 Gotha

The time limit shall be deemed to have been met if you dispatch the goods before the lapse of the time limit of 14 days. You shall bear the direct costs of sending the goods back. You shall be liable for a possible loss of value of the goods only if such loss of value is attributable to handling of the goods which is unnecessary for the purpose of inspecting the quality/characteristics, properties and functioning.

Langenscheidt informs you of the standard cancellation form in accordance with the statutory requirement, as follows:

Sample revocation form

If you wish to withdraw from the contract, please fill in this form and send it back to

Langenscheidt Digital GmbH & Co. KG, Paul-Heyse-Straße 28, 80336 München ; Tel.: +49 (0) 89 36096 - 333; FAX: +49 (0) 89 36096 - 258; E-Mail: kundenservice@langenscheidt.de

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods: ___________________ / the provision of the following services: ___________________ (*)

Ordered on_________________(*) / received on : ______________(*):

Name of consumer(s)______________________________________

Address of consumer(s) ______________________________________

Signature of the consumer(s) ____________________________________ (only for notifications on paper)

Date ________________________________________________________

(*) Delete as appropriate.

– End of the statutory terms of revocation –

_____________________________________________________________________________

3.2 No cancellation right exists for goods which have been produced according to the customer’s specifications or are clearly tailored to his/her personal needs. Furthermore, no cancellation right exists in the case of distance-selling contracts for the supply of audio or video recordings or software in a sealed package, if the delivered data carriers have been unsealed by the consumer. Also, no cancellation right exists where magazine subscriptions are concluded or where individual newspapers, journals or magazines are delivered.

4. Reservation of non-availability

If the ordered goods are not available because Langenscheidt has not been supplied with those goods by its supplier through no fault of its own, Langenscheidt will be able to rescind the concluded contract. In such a situation, Langenscheidt shall inform the Customer without delay of the non-availability and promptly reimburse any purchase price which may already have been paid by the Customer.

5. Prices and mailing costs

5.1 Langenscheidt will deliver free of postage and packaging costs to any postal address in the Federal Republic of Germany, Austria or Switzerland. For deliveries to all other countries Langenscheidt shall charge the shipping costs incurred. You can find an overview of the shipping costs here: https://www.langenscheidt.com/kundenservice/versandkosten

5.2 In the case of deliveries to Switzerland or other countries abroad, the Customer shall bear any taxes or customs duties incurred.

5.3 For non-EU countries the German retail price indicated shall be deemed to be a net price.

6. Payment and delivery terms

6.1 Unless otherwise agreed, the delivery shall be ex warehouse to the delivery address specified by the Customer. Unless otherwise agreed, the purchase price shall fall due when the contract arises.

6.2 The Customer can pay the purchase price by credit card, by PayPal or by immediate transfer.

6.3 The delivery period amounts to up to five business days. We shall inform you of differing delivery periods on the respective product page.

6.4 The deliveries shall be carried out by Rhenus Medien Gotha GmbH & Co.KG, Langenscheidtstr. 10, 99867 Gotha on behalf of Langenscheidt on the basis of these GTC.

7. Set-off, right of retention

The Customer shall have a set-off right only if his/her counterclaims have been established with legally binding effect or have been acknowledged by the Seller. Furthermore, he/she shall have the right to exercise a right of retention only insofar as his/her counterclaim is based on the same contractual relationship.

8. e-books and software downloads

8.1 The usage contract for e-books or software downloads and their delivery shall be accepted by sending an e-mail to the e-mail address specified by the Customer. The Customer shall be responsible for the download itself.

8.2 The Customer shall be granted a simple, non-transferable right to use the titles offered for his/her exclusive personal use in accordance with the German Copyright Act (Urheberrechtsgesetz). He/she has the right to download the purchased e-book onto an end device of his/her choice and to transfer it onto up to five different further end devices, provided that the reader software Adobe Digital Editions is installed on those end devices. The Customer is explicitly prohibited from in any way altering or processing a file or parts thereof or making them available in any way to third parties either privately or commercially.

9. Retention of title

Until the Customer has fully settled the purchase price claim the delivered goods shall remain the property of the Seller.

10. Warranty

If there is a defect in the purchased item, the statutory warranty provisions shall apply.

Part C: General Terms and Conditions of Business (GTC) for the Langenscheidt Online Dictionary (OD)

1. General information

In this Part C (OD GTC) on a supplementary basis with respect to Part A provisions are laid down pursuant to which a user may use a dictionary or a dictionary package in the Langenscheidt Online Dictionary (“OD”) for use by one or more users.

1.1 Various methods of using the Langenscheidt Online Dictionary:

The Langenscheidt Online Dictionary (“OD”) is an online service enabling users to search in digitalised dictionaries. There are various ways to use the OD:

1.1.1 By taking out a chargeable named-user subscription:

The named-user subscription, which can be taken out on this Website, consists of the following elements: the subscribed dictionary or the subscribed dictionary package and the maximum number of additional users that can be registered for the subscription (named users).

In the named-user subscription, each user is known to the OD and must register on the Website (Section 2 of these GTC (Part B) shall apply in this case).

Activating an access code: Purchasers of a Langenscheidt printed product, for example a printed Langenscheidt dictionary, shall receive an access code for the OD along with the printed product. After successful registration (governed by section 2 of these OD GTC (Part B)) and having entered the access code in the designated field of the website, the buyer is granted access to the dictionary (corresponding to the purchased printed product) made available for him/her in the OD. This access is limited as a named-user subscription personally to the buyer and in terms of time to a maximum period of two years from registration and the entry of the access code on the website, and is not automatically extended; ordinary termination under section 8.2 of the OD GTC (Part C) is thus excluded. As a counterperformance the buyer pays, besides the purchase price for the respective printed product, the usage fee individually specified on the invoice for it.

1.1.2 By taking out a chargeable IP-range subscription:

Within the context of the named-user subscription, which cannot be taken out on the Website, the subscriber (e.g. a company) informs Langenscheidt of the IP range for which it would like to activate the subscription. All users who call up the OD from a workplace within this IP range shall have access.

The usage right shall be granted for the number of users specified in the respective offer. The number of users may be increased with the prior written consent of Langenscheidt upon payment of an equivalent increase of the subscription fee. The number of users may only be reduced at the end of the original subscription period.

1.2 Trial access

Besides the paid usage possibilities specified in section 1.1 of these OD GTC (Part C), free, time-limited trial accesses shall be issued for the OD within the framework of marketing activities. After successful registration (governed by sections 1.2-1.4 of the General Terms and Conditions of Use (Part A)), for a trial access the OD may be used free of charge for the period specified in each individual case (governed by section 6.1 of the General Terms and Conditions of Use (Part A).

1.3 Contract partner

The use contract concluded in accordance with section 2 of these OD GTC regarding one of the paid subscriptions specified in sections 1.1.1. to 1.1.2 of these OD GTC (the “subscription contract”) shall be binding for both Langenscheidt Digital GmbH & Co. KG (“Langenscheidt”) and the user (the “user” or “subscriber”). In the event that the user registers as an employee in the name of or on behalf of his/her company or another legal entity, he/she shall declare upon logging in/registering that he/she is authorised to enter into this contractual relationship on behalf of his/her company or another legal entity. In such cases, the company or legal entity shall be the contract partner of Langenscheidt.

1.4 Prerequisites for the use of the OD

1.4.1 The user of a chargeable subscription hereby warrants that he/she is at least 18 years of age and legally competent. In order to use a trial access or activate a code, the user must be at least 14 years of age and acting with the consent of his/her legal representative.

1.4.2 The subscriber to a member-login subscription (e.g. university) or IP-range subscription (e.g. company), or a named-user subscription that allows access for more than one user, shall be obligated, and accordingly warrants upon concluding the contract, to impose upon its internal users (e.g. members or employees) in this respect the same conditions with regard to the use of the OD as set forth in the General Terms and Conditions of Use (Part A) and these GTC (Part C) to the extent that these apply to the internal users. The subscriber to member-login subscription (e.g. university) or IP-range subscription (e.g. company), or a named-user subscription that allows access for more than one user, shall be liable in this respect to Langenscheidt for all and any damages caused by the culpable breach of the General Terms and Conditions of Use and/or these GTC by its internal users. Langenscheidt shall also reserve the right to cancel a member-login agreement (e.g. university) or IP-range agreement (e.g. company), or a named-user agreement that allows access for more than one user, with immediate effect where one of the subscriber’s internal users attracts attention by repeatedly making entries that are in breach of these Terms and Conditions of Use (Part A) and/or these GTC (Part C), or breaches these Terms and Conditions in any other way and fails to remedy said breach even after receiving a reminder setting a specific deadline, and/or repeats the offence.

2. Registering for the OD and conclusion of the contract

2.1 Registering on the Website

2.1.1 A customer that wishes to take out a chargeable named-user subscription, activate a code or receive a trial access is required to log on to the OD on the Website with his/her user data and a self-chosen password (Sections 1.2 - 1.6 of the General Terms and Conditions of Use (Part A) shall apply in this case).

2.1.2 Where a chargeable named-user subscription contract is concluded on the OD’s management interface, the user may invite additional users by e-mail to use the OD (hereinafter referred to as “additional users”). The maximum number of additional users is specified in the scope of services of the chosen subscription.

Any additional users invited can log on to the OD with their e-mail address and a self-chosen password. Alternatively, the user may set up additional users directly on the OD’s management interface. In this case, he/she shall assign passwords to the additional users, which the additional users can later change by themselves on the OD’s management interface.

Please note: the registration of an IP-range or member-login account shall not take place via the Website and shall be dealt with separately and individually.

2.2 Concluding a contract via the website

The contract with Langenscheidt on the methods of using the OD on the Website shall be finalised upon clicking the button “Order now (subject to a fee)” (= offer) and acceptance of the order by Langenscheidt. The customer’s order shall be accepted with the immediate electronic confirmation of same.

3. Right of revocation

Consumers shall be entitled to a statutory right of revocation. Consumers are natural persons that conclude legal transactions for purposes that can be predominantly attributed to neither their commercial nor their professional freelance activities (Section 13 BGB).

_____________________________________________________________________________

REVOCATION NOTICE

TERMS OF REVOCATION

You have the right to withdraw from this contract within fourteen days without cause. The period of revocation is fourteen days from the date on which the contract was concluded.

In order to exercise your right of revocation, you must notify us

Langenscheidt Digital GmbH & Co. KG
Paul-Heyse-Straße 28
80336 München
E-Mail: kundenservice@langenscheidt.de
Telefon: +49 89 36096 - 333
Fax: +49 89 36096 - 258

accordingly in an unequivocal statement (e.g. letter sent by post, fax or e-mail) of your decision to withdraw from the contract. You may use the attached sample revocation form for this purpose, however, this is not mandatory. Sending notification of your intention to exercise your right of revocation before the period of revocation expires shall be sufficient to comply with the period of revocation.

CONSEQUENCES OF REVOCATION

If you withdraw from this contract, we are required to refund all payments that we have received from you, including delivery costs (with the exception of additional costs that arise if you have selected a type of delivery other than the cheapest standard delivery offered by us) without undue delay and within fourteen days at the latest from the date on which we received the notice of revocation. For this refund we use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

If you have requested our services to begin during the period of revocation, for services already rendered you are required to pay us the proportion of the total amount of remuneration that corresponds to the proportion of the services already rendered up to the point of revocation compared to the entire scope of services provided for in the Agreement.

In accordance with the statutory requirement, Langenscheidt informs you of the standard revocation form, as follows:

Sample revocation form

If you wish to withdraw from the contract, please fill in this form and send it back to

Langenscheidt Digital GmbH & Co. KG, Paul-Heyse-Straße 28, 80336 München ; Tel.: +49 (0) 89 36096 - 333; FAX: +49 (0) 89 36096 - 258; E-Mail: kundenservice@langenscheidt.de

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service:_____________ (*)

Ordered on_________________(*) / received on : ______________(*):

Name of consumer(s)______________________________________

Address of consumer(s) ______________________________________

Signature of the consumer(s) ____________________________________ (only for notifications on paper)

Date ________________________________________________________

(*) Delete as appropriate.

– End of the statutory terms of revocation –

_____________________________________________________________________________

4. Scope of OD services

4.1 The user may use the OD search functions. This means he/she is able to consult the dictionary or dictionaries that have been activated through the respective chargeable subscription, activation code or trial access.

4.2. The user may use the OD for a maximum number of 300 sessions per dictionary per month unless otherwise provided for by contract. One session lasts 5 minutes. During a session, the user may submit any number of search requests. Unused sessions in any given month may not be carried over into or reimbursed in the following month.

4.3 Use shall be limited to a maximum of 3 parallel http sessions per user unless otherwise provided for within the scope of an IP-range subscription or a member-login subscription.

5. Subscription fees and payment

5.1 The fees for a subscription to the OD shall be due at the beginning of each subscription period. Details of the subscription fees and methods of payment can be found in the respective offer.

5.2 Langenscheidt may suspend the services or terminate the use of such if fees have not been paid 30 days after the due date.

5.3 Langenscheidt may change the parameters that determine the price of the OD for future effect (price per dictionary or dictionary package, number of sessions, number of users per package). Langenscheidt must inform users of this accordingly prior to the next contract renewal, stating the reason for and scope of said changes; users with monthly subscriptions must be informed 45 days at the latest, users with annual subscriptions 6 months at the latest, prior to said renewal.

6. Copyrights

Use of the OD shall not constitute any entitlement to the granting or transfer of copyrights, ancillary copyrights or other rights. All rights shall remain with the rightsholder in their entirety and are protected accordingly. For this reason it is not permitted to use content or data contained in the Langenscheidt OD, or implement such content and data, on third-party websites. Any misuse shall be prosecuted under civil and criminal law.

7. Availability of the service; Liability

Supplementing section 5 of the General Terms and Conditions of Use (Part A) the following applies to the OD:

Langenscheidt shall endeavour to enable an average availability of the OD for 98 % per calendar year. The availability is calculated on the basis of the following formula: Availability = (total time - total downtime) / total time * 100 %.

The following periods shall not be taken into account in the calculation of the total downtime:

(i) Periods of non-availability that are due to Internet disruptions over which Langenscheidt has no influence or other circumstances for which Langenscheidt is not responsible, in particular force majeure (e.g. strikes, lockouts, natural disasters, fire or terrorism);

(ii) Periods of non-availability due to scheduled maintenance work on the OD carried out from time to time between 6 a.m. and 8 a.m.;

(iii) Periods in which urgent unscheduled work necessary to rectify technical faults is carried out (the customer shall be informed of such to the extent possible by way of a notice on the OD websites);

(iv) Periods of non-availability caused by the temporary unavailability of the technical requirements necessary on the part of the customer to enable access to the OD, for example due to a fault in the customer’s hardware.

Where availability within any given billing period is not achieved, the subscription fees may be reduced proportionately for this billing period.

8. Term and termination of the subscription

8.1 The term of the contract shall depend on the respective contract type (e.g. named-user subscription, trial access or code activation). The term of a contract concluded via this Website shall be shown prior to conclusion of the contract.

8.2 The subscriber and Langenscheidt shall both be entitled to cancel the subscription with statutory notice.

(i) In the case of monthly subscriptions, notice of cancellation can be given in writing at any time after the end of the first month following the date on which the contract was concluded. The notice of cancellation shall then take effect as of the last day of said month. If the subscription is not cancelled, it shall automatically be extended by a further month.

(ii) In the case of annual subscriptions, notice of cancellation can be given in writing three months at the latest prior to expiry of the 12-month period, calculated from the date on which the order was placed. The notice of cancellation shall then take effect as of the last day of said 12-month period. If the subscription is not cancelled within this period, it shall automatically be extended by a further 12 months.

8.3 Langenscheidt and the subscriber shall both be entitled to cancel the subscription at any time for good cause. Good cause shall be deemed to exist in cases where (i) the other party is in serious breach of the provisions of this contract and fails to remedy said breach within 30 days after receiving written notification to this effect, or (ii) the other party ceases its business activities or a petition for insolvency proceedings has been filed against it.

As at: 15. September 2018