General Terms and Conditions of Business
1. Contract partner
www.meininger-shop.de is a shop owned by the company 'MEININGER VERLAG GmbH'. The contract partner for all orders is therefore MEININGER VERLAG GmbH, Maximilianstr. 7-17, 67433 Neustadt.
2. Conclusion of the contract
The presentation of our goods in the MEININGERs Onlineshop does not represent a binding offer by MEININGER VERLAG GmbH. The buyer only submits a binding offer by pressing the 'order' button. The purchase contract for the goods selected by the buyer takes effect when MEININGER VERLAG GmbH delivers the goods to carry out the order.
MEININGER VERLAG GmbH does not accept any orders for tobacco goods or alcoholic beverages from persons under 18 years of age.
3. Retention of title
The goods remain the property of MEININGER VERLAG GmbH until full payment is received. If the buyer defaults payment longer than 14 days, MEININGER VERLAG GmbH has the right to withdraw from the contract and take back the goods.
4. Cancellation policy
The buyer can cancel the contract declaration in writing (e.g. letter, fax or e-mail) within 2 weeks without providing a reason or by returning the goods. This period begins with receipt of the goods and receipt of a separate written copy of the cancellation policy at the earliest. Punctual despatch of the cancellation or goods is sufficient in order to comply with the cancellation deadline. The cancellation must be sent to:
MEININGER VERLAG GmbH
Phone: +49 (0)6321 8908-0
Fax: +49 (0)6321 8908-73
Consequences of cancellation
In the case of an effective cancellation, any attainments received by either party must be returned and any drawn benefits (such as interest) must be surrendered. If the buyer cannot fully or partially return the attainment or can only return it in an impaired condition, he/she may be required to pay compensation. This does not apply to the transfer of physical objects if the impairment of the goods can be exclusively traced back to normal impairments as would be possible in a retail store for example. Furthermore, the buyer can avoid the compensation obligation if he/she does not use the object like an owner of the object and refrains from everything which affects the value.
The buyer must bear the costs of the return shipment if the delivered goods correspond with the ordered goods and the price of the goods which are to be returned does not exceed a sum of 40.00 € or, if the value of the goods is higher, if the buyer has not paid for the goods or a contractually arranged partial payment at the time of the cancellation. In other cases, the return of goods is free of charge for the buyer. Goods which cannot be sent with a parcel service will be collected from the buyer.
The previously described cancellation right does not exist if,
The ordered goods are intended to be used for commercial or self-employed activities by the buyer;
The seal on data carriers has been removed by the buyer from audio and video recordings or software;
The supplied goods have been produced according to customer specifications or clearly adapted to suit the individual needs of the buyer;
The goods are not suitable for return due to specific properties or if they can spoil quickly or will exceed the expiry date;
The goods supplied are newspapers, magazines and illustrations.
End of the cancellation policy
5. Prices and payment terms
The prices at the time of the order are valid. All prices are provided in Euro (€) including the legal VAT amount excluding any shipping costs (refer to point 6). For successive supply contracts or subscriptions, MEININGER VERLAG GmbH is entitled to invoice the additional amount of VAT if the VAT percentage is increased after a contract is finalised.
For orders within Germany and an order value under 100.00 €, the buyer is entitled to choose between paying by direct debit, credit card or invoice. For an order value exceeding 100.00 € or for deliveries to other European countries, payment must be made by credit card or proforma invoice. The purchase price is due once the goods are received by the buyer. If the goods are supplied and payment is made after receipt of the invoice, the buyer is obliged to pay the purchase price within 14 days of receipt of the goods. After this deadline, payment is defaulted by the buyer. The buyer must pay interest 5 percentage points above the base interest rate for debts throughout the default period.
In individual cases, MEININGER VERLAG GmbH reserves the right to exclude certain forms of payments and to supply the goods against advance payment.
MEININGER VERLAG GmbH accepts the transport risks. We request that obvious transport damages are recorded and confirmed by the delivery driver. The goods may be returned if they arrived damaged during transport
Details on the delivery date are non-binding unless the delivery date has been expressed as binding in exceptional cases. The delivery will take place as long as stocks last; we reserve the right to make partial deliveries.
Should a part of the order not be immediately available, the remaining goods will delivered subsequently without charging shipping costs.
The warranty terms correspond with legal regulations.
The MEININGER VERLAG GmbH is solely liable for damages caused by intentional or gross negligent actions by MEININGER VERLAG GmbH or its representing agents or culpable damage to a fundamental contract obligation which are not physical damages, damages to health or death. Any further liability for replacement of damages is excluded. The regulations of the product liability laws remain unaffected.
8. Data protection/data storage
The personal data required for processing the buyer’s order will be stored and may be passed to associated companies or suppliers under observation of the rules of the Federal Data Protection Laws.
MEININGER VERLAG GmbH will use personal data (title, name, and address, date of birth, e-mail address, telephone number, fax number, bank details or credit card number) confidentially according to the regulations of the Federal Data Protection Laws and the German Teleservices Act.
Furthermore, MEININGER VERLAG GmbH reserves the right to use the buyer’s data for its own promotional purposes.
The buyer always has the possibility and is authorised to object to the use, processing or transfer of the data for marketing purposes in writing by e-mail to: firstname.lastname@example.org or by telephone on + 49 (0) 6321 8908-0. After receipt of the objection or cancellation, MEININGER VERLAG GmbH will not use or process the respective data for marketing purposes and will immediately refrain from despatching advertising materials.
Furthermore, MEININGER VERLAG GmbH is obliged to refrain from using or passing on data beyond the extent regulated above.
9. Final clauses
The laws of the Federal Republic of Germany are applicable under exclusion of the UN Convention on Contracts for the International Sale of Goods even if the order is received from another country.
If the buyer is a commercial customer, the court of jurisdiction is Neustadt an der Weinstraße; otherwise the court of jurisdiction is determined according to the legal regulations.
Changes or additions to these terms of business must be made in writing. This also applies to the cancellation of the requirement for the written form.
Should individual clauses in this contract be ineffective or contradict legal regulations, the remaining clauses of the contract are not affected.
General Terms and Conditions of Business for Magazine Subscriptions
1. Scope of Application
For all magazine subscription agreements made with MEININGER VERLAG GmbH by distance selling, exclusively the present General Terms and Conditions of Business shall apply, together with the terms for the relevant type of subscription, about which the customer will be notified separately.
2. Conclusion of a Subscription Agreement
The subscription agreement is not made until the customer receives written confirmation of the order for the subscription selected by said customer or until the first partial delivery is made. When the agreement has been concluded, delivery, acceptance and payment become legally binding for both contracting parties.
3. Placing an Order on the Internet
Customers can select the desired subscription by, firstly, clicking the relevant magazine at http://www.meininger-shop.de/. Then, in the input masks that follow, customers must enter the data required for conclusion of the agreement and select their preferred method of payment. Before placing the order, customers can correct their entries at any time. They do not submit a binding offer for an order until they have clicked the "Order" button to send it to the publishing house.
After the agreement offer has been sent, the data entered by the customer will be forwarded to and managed by the Readers’ Service. A subscriber account will be set up for the customer.
4. Contracting parties
The customer’s contracting partner is
MEININGER VERLAG GmbH,
Managing Directors: Andrea Meininger-Apfel, Christoph Meininger, Peter Meininger
Court of Register Ludwigshafen, HRB 42478, VAT ID No.: DE 149 351 631
5. Right of Revocation
You can revoke your contractual statement in writing (i.e. by letter, fax, email) within 14 days without stating any reasons. This period of 14 days begins after receipt of these instructions in writing but not before conclusion of the agreement and not before we have met our obligations to provide information pursuant to Article 246 Section 2 in conjunction with Section 1 paras. 1 and 2 of the Introductory Law to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB) and our obligations pursuant to Section 312 g para. 1 sentence 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) in conjunction with Article 246 Section 3 EGBGB. The set period is deemed observed upon dispatch of revocation in due time.
Revocation is to be addressed to:
MEININGER VERLAG GmbH
Phone: +49 (0)6321 8908-0
Fax: +49 (0)6321 8908-73
Consequences of revocation
If the agreement has been effectively revoked, the services received by both parties are to be returned and any benefits obtained (e.g. interest) surrendered. If the user cannot return or surrender the service or benefits received (e.g. benefits of use) or can only do so in part or in a poorer condition, he must pay compensation for loss of value to this extent. This may lead to the user nonetheless having to meet the contractual payment obligations for the period up to revocation. Obligations to return payments must be met within 30 days. This period begins for the user upon dispatch of the statement of revocation and for MEININGER VERLAG GmbH upon receipt of the same.
The right of revocation will expire prematurely if the agreement is performed in full by both parties at the express request of the user before he has exercised his right of revocation.
6. Terms of Supply
Supply will begin on the date quoted in the written confirmation of the order, insofar as the order is received in due time (10 days in advance) by the publishing house. For orders in which no date is quoted, the next possible start of supply is deemed to have been agreed.
Supply will be to the supply address stated by the party placing the order. Any faulty deliveries are to be reported to Customer Service and substitute supply will be arranged immediately if applicable. The customer must notify Customer Service immediately of any changes in name or address. The customer will be responsible if any issues cannot be delivered because such notification was not given or was given too late.
The customer does not have a claim to a repeat delivery free of charge or to compensation.
7. Subscription Period and Conditions of Termination
For termination of subscriptions to the magazines WEINWIRTSCHAFT, DER DEUTSCHE WEINBAU, MEININGERS SOMMELIER, GETRÄNKE ZEITUNG, FIZZZ and EURODECOR, notice of termination must be given 6 weeks prior to expiry of the agreed subscription period.
For the magazines MEININGERS WEINWELT and MEININGER’S WINE BUSINESS INTERNATIONAL, the subscription can be terminated at any time from issue to issue. A subscription cannot be terminated before expiry of the agreed subscription period. If notice of termination of the subscription is not given in due time before expiry of the subscription period, the subscription will be extended by an additional year in each case.
8. Terms of Payment
The subscription price must be paid in advance for the whole subscription period.
The invoice must be paid within 14 days to the following account:
MEININGER VERLAG GmbH
Bank code: 546 512 40
Account no.: 1 926 146
IBAN: DE 22 5465 1240 0001 9261 46
SWIFT/BIC: MALA DE 51DKH
or by direct debit.
If the subscription price is increased, the new price shall apply as of the time of said increase. If the subscription price has been paid in advance, it is guaranteed for the period for which such advance payment applies and cannot be increased.
After learning of an increase in the subscription price, i.e. no later than upon receipt of the invoice, the customer is free to exercise the right of extraordinary termination within a period of 14 days.
9. Trial and Mini Subscriptions
Trial subscriptions always become a payable annual subscription after receipt of the last issues (negative option). If the subscription is not to be continued as an annual subscription, the customer must notify MEININGER VERLAG accordingly by no later than 14 days after receipt of the last issue. Notification must be given to the contact data stated under 4. and 5.
Mini subscriptions end automatically after the end of the subscription period scheduled in the subscription offer (positive option).
Students and trainees will be granted a reduced subscription price for the magazines WEINWIRTSCHAFT, DER DEUTSCHE WEINBAU, FIZZZ, GETRÄNKE ZEITUNG, MEININGERS SOMMELIER and MEININGER’S WINE BUSINESS INTERNATIONAL, as soon and for as long as they provide a copy of a valid certification of their status. Customers are themselves responsible for constantly updating this certification showing their right to the reduced subscription price. After expiry of the validity of such certification, the publishing house has the right to charge the higher standard subscription price for the remaining subscription period. After an increase in the subscription price, customers have the right to terminate the agreement, even if this is within the minimum agreement period.
No reductions are available for the magazines MEININGERS WEINWELT and EURODECOR.
11. Subscription Gifts
If a gift is chosen in connection with the signing of a subscription agreement, it will not be supplied until the subscription price has been paid, subject to availability. If a current gift is not available, the publishing house will offer another comparable gift.
12. Liability and Warranty
The publishing house shall only be liable for intent or gross negligence in connection with failures to deliver, delayed deliveries or material damage of the printed issues of magazines from MEININGER VERLAG GmbH. The publishing house is not liable for any failure to publish a printed issue as a result of force majeure, an industrial dispute or an interruption of operations for which the publishing house is not responsible, such as a system breakdown. No replacement can be provided for magazines scheduled to be delivered abroad which arrive late or do not arrive at all.
Insofar as the publishing house is not liable on the basis of a warranty given, liability for damages claims shall be limited as follows:
The publishing house will only be liable for losses caused by ordinary negligence if they are due to a breach of major contractual obligations. Major contractual obligations are those without the fulfilment of which due performance of the agreement is not possible and which the contracting partner should be able to rely on being fulfilled. The publishing house’s liability for ordinary negligence under this provision is limited to the loss which was typically foreseeable. This claim to damages expires within 12 months of supply of content. This applies accordingly to limitation of the obligation to compensate futile expenditure and in favour of employees, representatives or vicarious agents of the publishing house.
Pursuant to statutory rulings, liability is unlimited for losses suffered by the customer as a result of intentional or grossly negligent conduct on the part of the publishing house, for personal injury and for losses under the German Product Liability Act. This also applies to losses caused by the publishing house’s vicarious agents.
All the personal data supplied for the order and required to implement the subscription order will be stored with due observation of the regulations of data protection law. We will only forward it to third parties as required by law, in particular for criminal proceedings. After the end of the subscription agreement, personal data will remain in storage to the extent required by law. MEININGER VERLAG GmbH will only use customer data in accordance with its privacy statement, which can be read here.
Use of journalistic content is only permitted for the customer’s own non-commercial purposes, provided that the customer has not agreed anything to the contrary in writing with MEININGER VERLAG GmbH. Forwarding of content to third parties is not permitted, irrespective of the purpose and type of such forwarding.
Any use or exploitation of the copyrighted content belonging to MEININGER VERLAG GmbH going beyond the relevant contractual purpose, in particular by duplication, dissemination, digitalisation, storage, etc., is not permitted and constitutes a criminal offence.
15. Final Provisions
If the customer is a merchant, a legal body under public law or a public fund, the legal venue and place of fulfilment will be the seat of business of the publishing house. Solely the law of the Federal Republic of Germany shall apply, with exclusion of UN sales law (CISG).
Complaint Procedure via Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr