Menü Spotlight Verlag

General terms and conditions


1 Scope of application

The following General Terms and Conditions of Business and Delivery ("GTC") govern the contractual relationship between Spotlight Verlag GmbH, Kistlerhofstraße 172, 81379 Munich (hereinafter referred to as "Publisher") and consumers and entrepreneurs who order goods or services (e.g. subscriptions and individual editions of the print and digital offers of Adesso, Ecos, Spotlight, Écoute, Deutsch perfekt, Business Spotlight or books or merchandising articles) from the Publisher.

The version of these General Terms and Conditions valid at the time of the order shall apply.

You can reach the customer service of the publishing house in the online service portal https://kundenportal.spotlight-verlag.de or as follows:

By telephone*/**:

Subscribers and booksellers: +49 (0) 89 / 121 407 10

Teachers, language trainers, companies: +49 (0) 89 / 95 46 77 07

Language shop customers and individual issues: +49 (0) 89 / 95 46 99 55

*Monday to Friday 08:00 to 20:00 h, Saturday 09:00 to 14:00 h

Fax or mail:

Subscribers and booksellers: +49 (0) 89 / 121 407 11**, abo@spotlight-verlag.de

Teachers, language trainers, companies: +49 (0) 89 / 95 46 77 08**, lehrer@spotlight-verlag.de

Language shop customers and individual issues: sprachenshop@spotlight-verlag.de

** (0.14 €/min. from a German landline, max. 0.42 €/min. from a mobile phone)

Postal:

Spotlight Verlag GmbH, Customer Service, 20080 Hamburg, Germany

Spotlight service portal: https://kundenportal.spotlight-verlag.de

2 Conclusion of contract

The offers on the publisher's websites or in advertising materials merely represent an invitation to submit an offer.

With your order, you submit an offer to conclude a purchase or subscription contract. You can submit your offer as follows:

With your order in the online shop, you make a binding offer to conclude a purchase contract by clicking on the "Buy now" button. Up to this point you can change the contents of your shopping cart and your data at any time. You will then receive an e-mail confirming receipt of your order in our shop.

For orders by telephone, post, fax or order card you will receive a confirmation of receipt of your offer by e-mail or post.

The confirmation of receipt of your offer does not constitute an acceptance of your offer, but only informs you that your order has been received.

The contract is only concluded if the Publisher either expressly accepts the order within one week of receipt or if it actually corresponds to the order by dispatching / providing the goods. The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the seventh day following the dispatch of the offer. If the Publisher does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that you are no longer bound by your offer.

Nothing else applies to orders for downloads or streaming. Your offer shall be deemed accepted if the non-physical goods and services offered by way of download or streaming are delivered to you electronically, which usually happens immediately after confirmation of your payment.

Every order is subject to the availability of goods. If the goods are not available, we will inform you immediately and reimburse any payments already made.

3 Prices, payment modalities, price increases

All prices quoted are final prices in EURO and, subject to the following provisions, include all price components including statutory value added tax where applicable. Subscription fees are to be paid in advance for the number of issues specified from the time the contract is concluded.

Depending on the product selected, you can choose between direct debit, credit card, bank transfer, direct debit and the PayPal online payment system. The general terms and conditions of the respective payment providers apply in addition.

In the case of an order on account, the invoice amount is due 30 days after invoicing without deduction and must be transferred to the account stated on the invoice, unless a payment period is specified in the invoice. In the event of default in payment, the Publisher shall be entitled to discontinue delivery after issuing a reminder and setting a grace period.

If you wish to pay by SEPA direct debit, the period for our direct debit notice shall be 5 (in words: five) days from receipt of our invoice, i.e. we shall collect the amount due at the earliest five days after you have received an invoice from us.

Should the prices or frequency for our subscriptions be increased, we will inform you of this in good time in our products. The increase will then take effect from the date stated there. In the event of an increase, you are entitled to terminate the contract for the relevant subscription/product (special right of termination). The Publisher will inform you in writing or in text form of the adjustment of the price with reference to the special right of termination as well as to the consequences of a termination not received in due time. You are entitled to terminate the contract within a period of four weeks after receipt of the notification of the increase with effect from the effective date of the price adjustment. If you do not terminate the contract or do not terminate it in due time, the contract will be continued under validity of the new prices.

4 Download orders (individual issues/subscriptions)

The first time you order from Spotlight, you will be prompted during or after the ordering process to create a user account consisting of a username and password through a registration process.

If you have taken out a subscription to digital content, you can download the e-paper magazine or audio product (in short: downloads) from the download archive https://onlinearchiv.spotlight-verlag.de on the day of the official publication date of the respective print edition of the subscription of your choice and save it on your PC if necessary. The digital content is available for download and access in this area for a reasonable period of time. The publisher can then remove this content from your account. Unlimited data backup and data availability are not part of the contract and cannot be guaranteed. You should therefore save your downloads locally on connected devices in parallel.

Please make sure to treat your user name and password confidentially and not to make them accessible to third parties. Should we detect any misuse of your access data, we reserve the right to assert claims for damages and block your account.

The provision or transmission of the individual digital contents does not entitle you to any further use. In particular the publication on the Internet, as well as the unauthorized duplication, spreading or making publicly accessible of the digital contents over the Internet, be it free of charge or against payment - is not permissible. The same applies to the removal of copyright information and source references as well as any other processing or manipulation of the digital content. The use of the content which is permitted and license-free according to the copyright law is not restricted. For all other uses, a corresponding license from the publisher is required.

5 Delivery

If, when ordering a subscription, you do not specify from which issue the delivery is to start, the delivery will be made with the next possible issue, which depends on the publication date. You can find out the exact publication dates of our language media here: https://kundenportal.spotlight-verlag.de/faq

As a subscriber, you have the right to stop delivery for this period during an absence due to vacation, but for a maximum of one month. Your subscription will then be extended for the period of the interruption.

Past issues of our magazines, exercise books and audio products will be delivered within 4 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the bank to be transferred (in the case of payment by credit card) or after conclusion of the contract (in the case of direct debit or purchase on account), provided that a purchase contract has been concluded.

Delivery of all other products (e.g. volumes, collective folders) for items marked as available (such as books, periodicals) shall take place within 5 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the bank to be transferred (in the case of payment by credit card) or after conclusion of the contract (in the case of direct debit or purchase on account).

Subscription products and individual orders are dispatched from different delivery points. You may therefore receive several deliveries and invoices from us.

The goods will be delivered to the delivery address specified by you.

6 Shipping costs

The prices for our subscriptions include the shipping costs for Germany, Austria and Switzerland. For shipping to other countries, we charge the currently applicable postage costs. You can view the current conditions at https://kundenportal.spotlight-verlag.de/faq.

We offer you the possibility to have the subscription sent to your holiday address against reimbursement of any additional costs. To manage your subscription, you can use our Spotlight service portal: https://kundenportal.spotlight-verlag.de.

7 Right of Withdrawal, Cancellation Policy, Sample Cancellation Form

If you are a consumer, the publisher grants you a right of revocation in accordance with the following revocation instructions. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity (§ 13 BGB).

REVOCATION INSTRUCTION

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not a carrier have taken possession of the goods (or the last goods, part consignment or piece in the case of a contract for several goods of a single order or the delivery of goods in several part consignments or pieces) or from the day on which the contract is concluded in the case of digital content which is not delivered on a physical data carrier (e.g.In order to exercise your right of withdrawal, you must inform us (Spotlight Verlag GmbH, Customer Service, 20080 Hamburg, telephone: +49 (0)89/121 407 10, fax: +49 (0)89/121 407 11, e-mail: abo@spotlight-verlag.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the sample revocation form below, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.

In the case of deliveries of Goods, we may refuse to refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is the earlier.

You must return or hand over the goods immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract to the sender's address stated on the return receipt or to us (Spotlight Verlag GmbH, Customer Service, 20080 Hamburg). This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days. We shall bear the costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary to inspect their condition, properties and functionality.

Replacement for services

If you have requested that a service be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total services provided in the Agreement.

Your Right of Withdrawal will expire prematurely in the case of a contract for the provision of Services if we have fully provided the Service and have commenced the provision of the Service only after you have given your express consent to do so and at the same time have confirmed your knowledge that you will lose your right of Withdrawal if we have fully performed the Contract.

Note on the premature expiry of the right of revocation for digital content

Your right of revocation expires in the case of a contract for the delivery of digital content not on a physical data carrier even if the Publisher has begun to execute the contract after you have 1. expressly agreed that the Publisher will begin to execute the contract before the expiry of the revocation period, and 2. you have confirmed your knowledge that you will lose your right of revocation through your consent with the beginning of the execution of the contract.

Special notes

If you have ordered a package of goods, services and/or digital content in which the services are economically linked in such a way that one component cannot be ordered or can only be ordered at different conditions without the other component (e.g. purchase of wine with digital subscription), and you have a right of revocation on the basis of a contract associated with the digital content contract, this right of revocation also extends to the digital content contract.

Exclusion of the right of revocation

The right of revocation does not apply to contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts. The right of withdrawal also does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. There is also no right of revocation for deliveries of sound or video recordings (e.g. CD, music or video cassettes) or computer software in sealed packaging if the seal has been removed after delivery.

End of the cancellation policy

REVOCATION FORM

If you wish to cancel the contract, you can use the form below and return it to us: Spotlight Verlag GmbH, Customer Service, 20080 Hamburg, Fax: +49 (0)89/121 407 11, E-Mail: abo@spotlight-verlag.de:

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following services (*)

- Customer and/or order number, ordered on (*)/received on (*)

- Name(s) of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only for paper communication)

- Date

_______________

(*) Delete as appropriate.

 

8 Termination of contract

1. Magazine, workbook Plus and audio CD

(a) half-yearly, annual or biennial subscriptions

If you have taken out a half-year, yearly or 2-year subscription, you can cancel the subscription contract (half-year, yearly or 2-year subscription) at any time to the end of the month after expiry of the first subscription period, i.e. after 6 months, one or two years. Any amounts paid in advance for expenses no longer delivered due to the cancellation will be returned to you.

b) Mini subscription

If you have purchased a mini subscription (two or three issues of our magazines, CDs or workbook Plus), you have the option to cancel up to 10 days after receiving the last issue. If we have not received a cancellation by this date, the subscription contract will be automatically renewed, but can be cancelled at any time with a money-back guarantee for paid but undelivered issues. Any amounts paid in advance for expenses no longer delivered due to the cancellation will be returned to you.

c) Get to know offer

If you have completed the introductory offer (one or two issues free of charge), the following regulations apply to you: You have the possibility to cancel up to 10 days after receipt of the issue. If we have not received a cancellation by this date, the subscription contract will be automatically renewed, but can be cancelled at any time with a money-back guarantee for paid but undelivered issues. Any amounts paid in advance for expenses no longer delivered due to the cancellation will be returned to you.

The trial and trial subscriptions offered by Spotlight Verlag are intended to give you the opportunity to get to know our products at your leisure. Spotlight Verlag GmbH expressly reserves the right to exclude consumers who repeatedly conclude these offers from them.

Please note that the number of free trial orders is limited to a maximum of two orders within twelve months.

2. Spotlight express, Business Spotlight express

a) Get to know offer

If you have completed the introductory offer (two issues free of charge), the following regulations apply to you: You have the possibility to cancel up to 10 days after receipt of the 2nd issue. If we have not received any notice of termination by this date, the subscription contract will be automatically extended by 12 months. You can cancel the subscription contract at any time after the end of the first subscription period to the end of the month. Amounts paid in advance will be returned to you.

b) 12-month subscription

If you have taken out a 12-month subscription, you can cancel the subscription contract (annual subscription) at any time to the end of the month at the end of the first subscription period. Amounts paid in advance will be refunded.

Deviating notice periods

If a shorter period of notice is specified for individual tenders, this shall be decisive.

The following applies to all subscription offers: Send your notice of termination to Spotlight Verlag GmbH, Customer Service, 20080 Hamburg (also available by telephone at +49 (0) 40/734 470 046 or by e-mail at abo@spotlight-verlag.de).

9 Conditions for students/students/trainee teachers

If you take out a subscription as a student (full-time study) or pupil or trainee, you can benefit from significant discounts. If you would like these discounts to be credited to your account, it is necessary that you send us a copy of your currently valid matriculation certificate or your student ID card or other comparable proof. You can send this copy to Spotlight Verlag GmbH, Customer Service, 20080 Hamburg, or by email to abo@spotlight-verlag.de

10 Reservation of title

The delivered goods shall remain the property of the Publisher until all claims have been settled in full.

11 Warranty, liability and exclusion of liability

In the event of a warranty claim, the statutory provisions shall apply.

The Publisher shall pay damages in full for whatever legal reason in the event of intent and gross negligence, and in the event of the absence of a warranted characteristic in the amount of the typical and foreseeable damage that was to be prevented by the warranted characteristic. In all other cases, with the exception of injury to life, limb or cardinal obligations, liability is excluded unless otherwise agreed below. The Publisher shall only be liable for damage caused to the delivery item itself; in particular, the Publisher shall not be liable for lost profits or other financial losses. Insofar as the Publisher's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. The above limitations of liability shall not apply if personal injury has occurred or if the customer is entitled to claims under the Product Liability Act.

12 Service portal, login service, use of digital products

The publisher provides you with the online service portal at https://kundenportal.spotlight-verlag.de for the administration of your subscriptions. In addition, the Publisher provides you with the central login service (hereinafter referred to as the "Login Service") for registering and using digital subscriptions and other online services (hereinafter jointly referred to as the "Services").

The Subscription Service offers the possibility of placing orders, making changes to subscriptions (delivery, holiday service, payment, etc.) and customer data (address, contact data, etc.) in various ways (in writing, by telephone or via the Online Service Portal).

In order to use the digital products and the online service portal, it is necessary to register as described below within the framework of the central login service. When registering, a password must be specified and entered (personal access data = login) in addition to the name of an e-mail address that is actually used and regularly accessed. Authentication must be carried out by the customer as follows: Customers with an existing Spotlight customer account link this to their login data by entering their name and a subscription number. In particular, the user may not enter any data from third parties.

The sending of the completed registration form constitutes the User's declaration of offer to conclude the agreement on the use of the central login service (hereinafter referred to as "Login Service"). The Publisher accepts this offer by confirming the User's registration via screen display and/or corresponding e-mail or by activating the User for access to the relevant areas or content requiring registration after sending the registration form. The agreement on the login service is thus concluded in each case.

Immediately after receipt of the registration form you will receive a confirmation e-mail. This e-mail contains, among other things, a confirmation link. By clicking on this link, the user confirms his e-mail address. This confirmation is a prerequisite for the future registration of the user via the login service or the use of digital services. In deviation from this, individual Internet offers may stipulate that the user can already make use of services in the session in which registration takes place as part of the central login service before the user confirms the e-mail address.

The Publisher is entitled to refuse individual registrations even after the confirmation e-mail has already been sent, without giving reasons. An agreement on the use of the login service will then not be concluded.

The right to use the services applies only to the user/registered person personally and is not transferable. The access data must be stored securely by the user/registered person and may not be passed on to third parties. The user/registered person is responsible for the secrecy of his access data and is liable for any damage caused by him in the event of misuse. The publisher reserves the right to block access to the services if the user misuses the access data through his own fault.

Both the Publisher and the User may terminate the agreements on the Services at any time without notice by ordinary termination. In addition, each party reserves the right to terminate the Services for cause. Termination by the Publisher shall be deemed to have been delivered if it has been sent to the e-mail address stored in the user account.

If a subscription exists, a pronounced termination of the user's access authorisation to the booked, restricted areas shall only become effective upon termination. The deletion of the respective service of the customer is not possible beforehand.

13 Data protection

Data protection is of particular concern to us. When handling your personal data, we comply with all statutory provisions, in particular the Data Protection Act and the Telemedia Act. For further details, please refer to our data protection declaration: https://www.spotlight-verlag.de/datenschutz.

The delivery of the ordered goods and digital products (downloads) as well as billing and support can be carried out by external service providers commissioned by the publisher. For details on the use of your customer data, please also refer to our data protection declaration.

14 Online dispute resolution platform

The European Union provides an online platform ("OS Platform") at http://ec.europa.eu/consumers/odr for the out-of-court settlement of consumer disputes. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board. We would like to point out that we have decided against participation in dispute resolution proceedings before consumer arbitration bodies.

15 Final provisions

The law of the Federal Republic of Germany applies exclusively. The application of UN sales law is excluded.

The place of jurisdiction for fully qualified merchants and buyers who do not have a general place of jurisdiction in the European Union or who have moved their place of residence or habitual abode outside these countries after conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the action is filed, is Munich.

Version: August 2019