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Important information on your ebook order

Terms and Conditions for Direct Selling in the Online Shop at www.macmillanihe.com

Revised: 13.09.2018

1. Definitions, Scope of Application

1.1 The following Standard Terms & Conditions of Business (“Ts&Cs”) apply to the use of the Online Shop at www.macmillanihe.com (“Online Shop”), as well as to the purchase contracts concluded at the Online Shop, and to all related services provided by us. For customers domiciled or established in North, Central or South America, contracts are concluded with Springer Nature Customer Service Center LLC (233 Spring St, New York, NY, 10013 United States, phone 1-866-839-0194, fax: 1 212 460 1700, email: customerservice@springernature.com); for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia, contracts are concluded with Springer Nature Customer Service Center GmbH (Tiergartenstr. 15-17, 69121 Heidelberg, Germany, phone 49 (0) 6221 345 4303, fax: 49 6221 345 4229, email: customerservice@springernature.com) (“Springer”).
1.2 As used in these T&C, the term “Customer” shall refer to users of the Online Shop and to buyers of products at the Online Shop.
1.3 Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is hereby expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless Springer has expressly confirmed same in writing.

2. Springer’s Performance

In the Online Shop, Springer offers print books and electronic books (“eBooks”) for sale. The specific items and prices can be gathered from the details provided in each case at the Online Shop

3. Technical Requirements for Accessing and Reading eBooks

The Customer must have suitable internet connection and will need to register on the VitalSource website (www.vitalsource.com) in order to access the purchased eBook. Please see the VitalSource website for specific browser requirements and further details.

4. Use of the Online Shop

4.1 Customers intending to place orders at the Online Shop must first register to use the Online Shop.
4.2 The fundamental requirement for registering is that the Customer is of age and that he or she has full legal capacity.
4.3 The personal data requested during registration must be true and correct. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal particulars in the Online Shop.
4.4 By sending off the completed registration form, the Customer is submitting a proposal to conclude an agreement on accessing and using the Online Shop. Subsequently, the Customer will be sent a confirmation email containing his or her personal access data. This confirmation email constitutes Springer’s acceptance of the Customer’s proposal. In this way, an agreement on the use of the Online Shop will be formed.
4.5 Springer is entitled to turn down individual registrations for the Online Shop without stating any reasons.

5. Access Data

5.1 The access data (email address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If the Customer obtains knowledge of any misuse of access data, or simply suspects such misuse, he or she must immediately report this to Springer. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorisation. The Customer’s liability for further actions taken by third parties shall lapse as soon as he or she has informed Springer about the unauthorised usage of access data or their loss, and has changed his or her password, if necessary.
5.2 In the event of any breach of these terms of use and T&C, in particular
- If incorrect data are provided during registration, and/or
- If access data (esp. the password) is disclosed without authority to do so,
- Springer shall be entitled to temporarily or permanently block the Customer’s access data, and/or to finally and conclusively refuse the Customer access either with immediate effect or after a period of notice fixed at Springer’s own discretion, and/or to give extraordinary notice terminating the agreement on use with immediate effect. In any such case, the Customer may not re-register as a user of the Online Shop without Springer’s express prior approval.

6. Purchase of Print Products and eBooks

6.1 The Customer has the option of ordering individual issues of certain books as print products or, where available, as an eBook, by clicking on the relevant shopping cart button provided for the goods on offer, and by subsequently completing the order process.
6.2 By clicking on the “Order Now” button, the Customer submits a proposal to conclude the relevant contract. Springer accepts this proposal by sending order confirmations by email, whereupon the contract is formed. Springer is under no obligation to accept the Customer’s proposal. Springer’s confirmation of receipt of an order does not constitute a binding confirmation of the actual order.
6.3 The Customer does not have withdrawal right when sealed audio recordings were unsealed after delivery. In relation to eBooks, the Customer a) expressly consents to supply by Springer of the eBook prior to the end of the 14 day withdrawal period and b) acknowledges that his or her right to cancel will be lost once the code has been redeemed on the VitalSource website.
6.4 Right of withdrawal


(a) When buying print products, the Customer has the following withdrawal right:

Instruction on 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 (for customers domiciled or established in North, Central or South America: Springer Nature Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States, fax: 1 212 460 1700, email: customerservice@springernature.com; for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia: Springer Nature Customer Service Center GmbH, Tiergartenstr. 15-17, 69121 Heidelberg, Germany, fax: 49 6221 345 4229, email: customerservice@springernature.com) 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.

(b) For a contract on the delivery of goods which have been ordered in one order but are delivered separately, the following shall apply:

Instruction on 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 last good.
To exercise the right of withdrawal, you must inform us (for customers domiciled or established in North, Central or South America: Springer Nature Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States, fax: 1 212 460 1700, email: customerservice@springernature.com; for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia: Springer Nature Customer Service Center GmbH, Tiergartenstr. 15-17, 69121 Heidelberg, Germany, fax: 49 6221 345 4229, email: customerservice@springernature.com) 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. You will have to bear the direct cost 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.

(c) For purchase contracts of eBooks, the following shall apply:

Instruction on withdrawal
Right of withdrawal

Subject to Clause 6.3 (above), 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 of the conclusion of the contract. The right of withdrawal will be lost once the code has been redeemed on the VitalSource website.

The following form may be used to state your withdrawal, but it is not obligatory:

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To Springer Nature Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States (for customers domiciled or established in North, Central or South America) (*) / To Springer Nature Customer Service Center GmbH, Tiergartenstr. 15-17, 69121 Heidelberg, Germany (for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia) (*):
— 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),
— Date
(*) Delete as appropriate.

7. Terms of Delivery for Print Products

7.1 The books and other print products sold by Springer shall be dispatched to the Customer. The Customer shall pay the normal shipping costs. During the order process, the Customer’s attention will be expressly drawn to this fact and to the actual shipping costs payable.
7.2 Springer is entitled to make part-deliveries.
7.3 On exercising the revocation right, the Customer shall pay the standard cost of returning the goods if the price of the item being returned is less than EUR 40, or – for items costing more than this amount – if on the date of revocation the Customer has not yet effected counter-performance or not yet made a part-payment agreed in the contract, unless the items ordered have not been correctly delivered. In all other cases, returning items on exercising the revocation right is free of charge.

8 Delivery of eBooks

8.1 Once purchased, eBooks will be available on the VitalSource website (www.vitalsource.com). You will need to have a registered VitalSource account and agree to the VitalSource terms and conditions. In the event of any conflict between the VitalSource terms and conditions and these Ts&Cs, the latter will take precedence. Please be aware that the same e-mail address must be used for registration on the VitalSource website as for registration on the Online Shop. Once you have purchased the eBook and payment has been taken you will receive a purchase confirmation email, followed by an email with your redemption code. This redemption code needs to be redeemed on the VitalSource website in order for you to access your eBook.
8.2 Once you have redeemed the code on the VitalSource website, the eBook will appear automatically in your VitalSource online reader where it will be available for 12 months. You may also download the eBook on to your personal devices via the VitalSource app where it will be available indefinitely. The downloaded eBook may be stored on up to four (4) devices for the Customer’s personal use only.
8.3 Springer reserves the right, at its sole discretion, to discontinue the sale, and/or the distribution of any material, including eBooks for any reason, including but not limited to any copyright violation. In the event that Springer withdraws the eBook from sale, the Customer may be entitled to a refund of the purchase price where (a) the Customer has not yet downloaded a complete, technically satisfactory file of the eBook (in any format whatsoever) and (b) less than 12 months have passed since the purchase of the eBook.

9 Prices, Terms of Payment

9.1 The prices for the individual goods are stated in the respective presentation of each item.
9.2 All the prices quoted in the Online Shop include German statutory turnover tax at the rate in force at the time.
9.3 Unless otherwise agreed, payment for an individual order of a print product must be made in advance and shall fall due for payment immediately on completion of the order.
9.4 Springer may offer various means of payment. For print products, the purchase price may be paid by credit card, PayPal or bank remittance. For eBooks, the purchase price may be paid either by credit card or by PayPal. For payments handled by a payment system provider (e.g. PayPal), the respective provider’s terms of business and terms of use shall apply exclusively; the Customer may need to have a user account with the respective provider.
9.5 The Customer shall be billed electronically for the goods and services ordered, and invoices shall be sent to the email address he or she has specified. If the Customer also wishes hard-copy invoices to be sent, Springer may charge a separate fee for this.
9.6 If the Customer fails to honour his or her payment obligations, or if any amounts paid are reverse-charged, Springer shall be entitled to block the Customer’s access to the Online Shop, while at the same time reserving the right to assert further claims. If access is blocked because receivables are still outstanding and if the Customer balances the arrears, his or her access shall be reactivated.
9.7 Print products are delivered subject to retention of title. The goods delivered shall remain Springer’s property until such time as the purchase price has been paid in full.

10 Rights of Use for eBooks

10.1 The use of eBooks is permitted only for the Customer’s own purposes and as allowed by copyright law.
10.2 The following in particular are not permitted: making unauthorised additional copies, in particular on end devices or media to which third parties have access; adapting digital content, and publishing or exploiting the item thus made; passing on digital content to third parties, or making it available to the public (including intranets). The above rules apply to digital content in its entirety as well as any part that is protected by copyright (individual chapters/articles, photographs, diagrams etc.)
10.3 Springer reserves the right to block or forbid the Customer’s access to the retrieval of his or her eBook(s) including where the eBook has already been downloaded if the Customer has acted in breach of Clause 10.2 above.

11 Warranty and Liability

11.1 For goods (print products), there is a legal guarantee of conformity. Claims arising from that guarantee become statute-barred within two years after the goods have been received.
11.2 Springer shall be held liable in accordance with statutory regulations for any loss or damage sustained by the Customer that is caused by intent or gross negligence; is due to the object of performance lacking a warranted characteristic; is based on a culpable breach of so-called “cardinal obligations;” results from the loss of life, limb, or health; or is covered by liability under product liability law.
11.3 Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner fundamentally may rely on being performed, and the breach of which jeopardises attainment of the very purpose of the contract.
11.4 If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve the loss of life, limb, or health – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.
11.5 In all other respects, liability towards Springer and Springer’s vicarious agents – for whatever cause in law – is hereby ruled out.
11.6 Where damages sustained by the Customer result from loss of data, Springer shall not be held liable if such damage could have been avoided had the Customer regularly saved all the relevant data and made complete backups at intervals that duly reflect the value of the data.

12 Terminating the Account for the Online Shop

12.1 The Customer may give notice terminating the agreement on use for the Online Shop at any time.
12.2 After the agreement on use has terminated, the Customer shall no longer have any access to the Online Shop.
12.3 Both parties reserve the right to give extraordinary notice for grave cause.
12.4 Notice of any such termination must be transmitted in text form (pursuant to section 126b of the German Civil Code). Please send your notice of termination by email to customerservice@springernature.com or to the following address: Springer Nature Customer Service Center LLC, 233 Spring St, New York, NY, 10013 United States (for customers domiciled or established in North, Central or South America) or to Springer Nature Customer Service Center GmbH, Tiergartenstraße 15-17, 69121 Heidelberg (for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia) or by telefax to 1 212 460 1700 (North, Central or South America) or to 49 6221 345-4229 (Europe, Middle East, Africa, Asia, Oceania, Australia).

13 Contract Document

Springer makes no provision for separate contract documents based on these T&C. Springer therefore will not store “the contract document” that specifically relates to the Customer personally. When logged in to the Online Shop however, the Customer will see past orders taken out in his or her name.

14 Data Protection

Springer attaches great importance to the protection and safety of the Customer’s personal data. All the relevant information is contained in Springer’s Privacy Policy as amended from time to time.

15 Miscellaneous

15.1 If the Customer is a registered trader, a public corporation or a special trust managing public assets, Berlin shall be the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Springer and the Customer. In such event, Berlin shall be deemed to have been agreed as the place of performance.
15.2 The same shall apply if, subsequent to the conclusion of the contract, the Customer’s place of residence or habitual place of abode is located at some place outside the territory of the Federal Republic of Germany or is relocated to such a place. This shall also apply if the Customer’s place of residence or habitual place of abode is not known at the time when legal action is filed.
15.3 German law shall apply exclusively. Any application of CISG is hereby ruled out.
15.4 If any provision of these Standard Terms & Conditions of Business is ineffective, this shall not affect the validity of the remaining provisions. In any such case, the parties shall negotiate for a clause that is to substitute the ineffective provision and that reflects the content of the original provision as closely as possible.

Out-of-court settlements

We do not engage in out-of-court settlements before consumer arbitration bodies.