(1) The language available for the completion of a contract shall be German only.

(2) The client gathers the essential features of the goods offered by Spitta as well as the period of validity of offers limited in time from the individual product specifications on the website.

(3) The presentation of the goods shall not constitute a binding offer by Spitta. The customer only makes a binding offer pursuant to § 145 BGB when he clicks on the ‘Send order’ button. The offer shall only be accepted by Spitta at the time of delivery of the goods. Thereby, the sales contract between the customer and Spitta shall be concluded.

(4) When ordering, the customer may recognize any keying errors at the stage of final confirmation before payment and he may correct them at any time before sending the order by using the delete and change function.

(5) The prices indicated by Spitta in the shopping basket are gross prices, including the prevailing statutory value added tax.

(6) The purchase price shall fall due immediately with the order. The prices at the time of ordering apply. The merchandise is paid using the mode of payment chosen by the client.

(7) Spitta stores the personal data and offers necessary to process the contract between the client and Spitta. They are accessible to the client at any time. In this respect, Spitta refers to the provisions concerning data protection in the General Terms and Conditions for deliveries of the Spitta Verlag GmbH & Co KG.

(8) Spitta does not store the wording of the contract regarding the offer. It may therefore not be consulted anymore after the completion of the contract.

(9) Spitta shall not be subject to special and not aforementioned codes of conduct.

(10) With his registration pursuant to section 12 and with every login on Spitta’s website the client shall accept the present Terms and Conditions in their version valid at the time.

(11) The client’s registration for our trade system is free of charge. There is no claim to admittance to the Spitta trade system. Only persons of unlimited legal capacity are eligible. On Spitta’s request, the client shall send a copy of his identity card and/ or his medical registration. For admittance, the customer shall electronically fill in the registration form available on the Spitta web site. The client shall indicate the data required for registration completely and truthfully. On registration, the client shall choose a personal user name (client’s e-mail address) and a password. The user name must not violate rights of third parties, infringe upon other rights to use a name or titles to a trademark, or be contra bonos mores. The client must keep the password secret and must not reveal it to third parties under any circumstances.

Apart from accepting the validity of the present Terms and Conditions, the client does not incur any obligations by his registration. The client may have his entry deleted again at any time. The sole registration with Spitta does not in any way constitute a purchase obligation concerning the goods offered by Spitta.

When his personal data change, the client shall himself be responsible for their update. All changes may be made online, after registering under ‘client login’.

(12) Spitta shall use the personal data provided by the customer (title, name, address, date of birth, e-mail address, phone number, fax number, account details, credit card number) in accordance with the provisions of the German Federal Data Protection Act.

The personal data necessary for the foundation, the content arrangements or the modification of the contractual relationship (inventory data) are used for the processing of the sales contracts concluded with Spitta, for instance for the delivery of goods to the address provided by the client. We reserve the right to a further use of the client’s inventory data for purposes of advertisement, market research or the demand-oriented design of our offers. The client may contradict this further use. The contradiction is sent to the e-mail address: datenschutz@spitta.de.

The client’s personal data that are necessary in order to make the use of offers by Spitta possible and to settle them (usage data) shall also exclusively be used in the first instance for the processing of the sales contracts concluded between Spitta and the client. Such usage data include in particular the features necessary to identify the client as user, information as to beginning and end as well the extent of the respective use and information as to the teleservices used by the client as user. In addition, for purposes of advertisement, market research or the demand-oriented design of our offers, we shall employ such usage data to create user profiles with pseudonyms. The client has the right and the possibility to contradict this use of the usage data. The contradiction should be sent to the e-mail address: datenschutz@spitta.de

If the client wishes further information, would like to consult or revoke his expressly given consent to the use of his inventory data or if he wants to contradict the use of his usage data, the client may also contact customer support at the e-mail address kundencenter@spitta.de or by telephone at + 49 7433 952-0.

(13) The presentation of the goods by Spitta shall not constitute a binding offer on our part. Not until the customer orders a product a binding offer pursuant to § 145 BGB shall be made. This offer shall be accepted (and hence the contract completed) by sending the merchandise ordered by the customer. The contract shall therefore come into existence with the delivery of the merchandise ordered by the client.

14) Consumer information for distance contracts for the acquisition of goods: As far as the client, on his visit to the Spitta homepage, orders goods that may be ascribed neither to his commercial nor to his self-employed professional activity, Spitta would like to point out the following:

Instructions on the right of revocation:

You can revoke your contract declaration in written form (e.g. letter, fax, email) within 14 days without specifying any reasons, or, if the item is placed at your disposal prior to the expiry of this period - by returning the item. The withdrawal period begins with the receipt of this instruction in text form, but earliest upon receipt of the goods or, in case of recurring deliveries of the same type of goods not before receiving the first partial delivery, and not before we have met our information duties referred to article 246 § 2 in conjunction with § 1 Abs. 1 and 2 EGBGB. In order to consider and keep the limitation period, it shall be sufficient to send punctually the revocation advice or the goods.

Send your revocation to

Spitta Verlag GmbH & Co. KG

Ammonitenstraße 1

72336 Balingen

or email to kundencenter@spitta.de.

Consequences of revocation:

An operative revocation effects that both parties have to restore received achievements and potential benefits (e.g. interests). Compensations for lost value must be made as far as you are not able to refund received services in whole or in part or only in a deteriorated condition. In the case of goods surrendered this does not apply if the deterioration of the goods is brought about solely by a tryout thereof - such as would have been possible for you e.g. in a retail shop. In other respects you can avoid the obligation to compensate for a deterioration due to the utilisation of the good as intended by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Goods capable of being sent by parcel post should be returned to us at our risk. You have to pay for the return postage costs yourself if the received goods correspond to what you have ordered and the price of the goods does not exceed 40 Euro or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. In all other cases return delivery is free of charge for you. Items not able to be sent in a package shall be picked up. Obligations to refund payments must be met within 30 days. The deadline begins for you with dispatch of the statement of cancellation or the thing, for us with receiving.

As far as there is a redhibitory defect, the client may, within the scope of statutory regulations, demand subsequent performance, rescind the contract or reduce the purchase price.
The aforementioned right to revocation shall not apply if the products ordered by the client are to be used for his own commercial or self-employed professional activity.

(15) Supplier information:
Spitta Verlag GmbH & Co. KG, Ammonitenstraße 1, 72336 Balingen, Germany
Sales tax identification number: DE217376804

Our customer service may contacted

Mondays to Thursdays: 8 am to 5 pm and
on Fridays: 8 am to 12 noon

at the telephone number + 49 7433 952-0 or at the e-mail address kundenservice@spitta.de

(16) We also refer to the subsequent General Terms and Conditions for deliveries.

1. Validity

The Spitta Verlag GmbH & Co. KG (hereinafter called “publisher” or “Spitta”) provides the customer with, among others, printed works, organizational means, software and other contents on data carriers as well as with the electronic access to contents (subsequently called “products”), on the basis of the subsequent conditions as well as the conditions enclosed with the respective products. These conditions are acknowledged by placing the order or by accepting the delivery. The subsequent terms supersede all earlier versions of General Terms and Conditions previously agreed on with the client. If the subsequent conditions and the respective conditions enclosed with the products are in contradiction, the latter take precedence in that respect. In case of contracts for continual deliveries, the subsequent terms apply to all follow-up deliveries even if the contract should not invoke them in the future. Differing conditions of a client which the publisher does not explicitly acknowledge in writing are not binding for the publisher, even if he does not explicitly contradict them.

2. Deliveries and prices

Deliveries are carried out at the risk and on account of the client. Prices are ex publisher, excluding postage and packing and plus statutory VAT. In case of a contract for the continual procurement of goods, and after the end of the period for which fixed prices have possibly been agreed upon, the publisher is entitled to apply the prices obtaining at the time of the respective delivery.

3. Right of return

For certain products, Spitta grants a right of return (note on the order/ order confirmation/ invoice). There are separate return regulations for these returns.
We point out that, for certain products, returns will only be accepted if there is a legible return code on the packaging of the return. Otherwise the return will not be accepted and will be sent back to the sender at his expense. The return code may only be obtained by calling the Spitta return hotline, which is subject to a charge, at + 49 (0)1805 952-4444 (18ct / min). These return regulations only apply to end customers and not to the trade.

4. Order value

The handling charge of EUR 15 is dropped for orders in which the net value of the merchandise exceeds EUR 50.

5. Contractual exclusion of set-off

The client only has the right to withhold payments or to offset them against counterclaims if his counterclaims are undisputed or have been finally and conclusively found.

6. Term of the contract and cancellation

The term of the contract for a subscription generally depends on the individual terms that have been agreed on for the contract. If no particular provisions have been made the maximum term of a subscription is two years as from the conclusion of the contract. A contract with a term of one year is automatically prolonged for another year if it is not cancelled at least three months before the end of the year.

7. Reservation of ownership

The publisher reserves title to the delivered products until the complete payment of the invoice for the respective deliveries. If the client is a merchant the following rules and regulations additionally apply: the client may resell the conditional merchandise in the ordinary course of business, but, at that time already, he shall, for the securing of our payment claims, assign to Spitta all resulting claims against his buyers to the full amount. Spitta will accept this assignment. The client shall immediately notify us in writing of the seizure of the conditional merchandise or of the assigned debts by third parties and he shall point out Spitta’s rights to third parties. If the client is entirely or partially behind with one or several payments, if the client stops his payments or if the commencement of insolvency proceedings against the client’s assets has been applied for, the client must no longer dispose of the conditional merchandise. In such a case, Spitta shall be entitled to rescind the contract, to take back the conditional merchandise or to revoke the client’s authority to collect the claims resulting from the resale. Spitta will also be entitled to demand information about the recipients of the conditional merchandise, to notify them of the assignment of the claims and to collect the claims itself.

8. Warranty

In case of redhibitory defects, Spitta will remedy the defect or deliver a new product, according to the client’s choice. If the publisher should be unable to remedy the flaws in the delivered merchandise within an appropriate period of time, the client has his statutory rights. The limitation of action for warranty claims arising out of product defects is one year after the delivery of the thing or, respectively, of the acceptance of the work and two years in the case of the purchase of consumer non-durables that have been newly produced.

9. Limitation of liability

Spitta’s liability shall be excluded, whatever the legal reasons. This shall also apply to employees, representatives and vicarious agents. This exclusion of liability does not apply

• if the cause of the damage is attributable to intent and / or gross negligence
• to damages from a violation of life, body or health that are attributable to:
  • a negligent breach of duty by Spitta or
  • an - intentional or negligent - breach of duty of an authorized representative or a vicarious agent of Spitta.
• to claims arising out of the product liability act

If Spitta violates substantial duties its liability to pay damages shall be limited to the damage typically incurred.

10. Use, Content

Spitta endeavours to create its products according to the latest findings. The correctness and faultlessness of the content is explicitly not assured. Spitta does also not assure the applicability or fitness of its products for a particular purpose. The selection, deployment and use of the product fall exclusively in the client’s sphere of responsibility.

11. Extent of use and copyright

The client may use goods and products within the limits of copyright regulations. Spitta reserves all further rights. Spitta grants the client a non-exclusive usufructuary right in the delivered programs for his own use only. The client may reproduce the delivered program in order to install it on the used hardware, in order to load the program in the main memory and for necessary safeguarding measures which correspond to the current state of technology. Measures corresponding to the current state of technology must be taken to prevent unauthorized access of third parties.

In a long-term delivery relationship, updates and upgrades are delivered as a licence exchange for the full version. This is also reflected in the lower licence fee for updates and upgrades. For this reason, the client is prohibited under copyright law from transferring the previous version to third parties after the installation of updates and/ or upgrades.

The client may use only one copy of the program on the hardware available to him (workstation licence). A special licence is necessary for use in a network or for access from several workstations. If the client changes his hardware the software must be deleted from the previous hardware. If the client wants to modify the delivered software in any way (for example through decompilation or reverse engineering), this is prohibited as far as the legal limits (especially those of the copyright law) are transgressed. The client may sell or give the program including all accompanying material to third parties, provided that the third party agrees that the present contractual provisions also apply to him. In the case of transmission, the client must give all copies of the program to the new client, including, where applicable, backup copies, or he must destroy the copies that have not been passed on. As a result of the transmission the right of the old client to use the program lapses. Hiring out for business purposes or by way of leasing is prohibited. Except for the usufruct granted in the present contract, no rights in the delivered programs devolve upon the client. Copyright notices, serial numbers or other features that serve as product identification must under no circumstances be removed or changed.

12. Side licences

The client may simultaneously deploy delivered software or simultaneously access data bases on several terminals if he purchases either a main or a side licence for each individual terminal. When there is a main licence, there is no limit as to the number of side licences that may be acquired. The scale of discount valid at the time applies. The existence of a main licence in the same update version is always the prerequisite for the use of a side licence. The client may not transfer main and side licences to third parties. The simultaneous use of products on or the use of several terminals is not permitted until the receipt of the original copy of the side licence.

13. Data protection

Pursuant to § 33 section 1 of the German Federal Data Protection Act, we point out to the client that his data are stored and processed for the intended use indicated by the present contract. The client’s questions and profiles may also be automatically stored and processed.

14. Application of the law, place of jurisdiction and final provision

Only the law of the Federal Republic of Germany applies, to the exclusion of the Uniform Law on the International Sale of Goods (Einheitliches Gesetz über den internationalen Kauf beweglicher Sachen) and the Uniform Law on the Formation of Contracts for the international sale of goods (Einheitliches Gesetz über den Abschluss von internationalen Kaufverträgen über bewegliche Sachen). The place of performance is Balingen. If the client is a registered merchant or a juridical person under public law, the place of jurisdiction is Munich. With merchants, Spitta may also choose the place of jurisdiction of the opposing party. Modifications in the contract must be made in writing. Oral supplements, including the contracting out of the written form requirement, must be in writing in order to become effective. If parts of this contract should be entirely or partially invalid, its validity as to the other provisions shall not be affected. The contracting parties shall undertake to replace the invalid provision in such a case by another provision which corresponds as much as possible to the object of the contract and which is valid.

Spitta Verlag GmbH & Co. KG