These General Terms and Conditions apply to the shop of the TÜV Association. By clicking the checkbox preceding “read and accepted” during the ordering process, you automatically conclude a contract based on the following terms and conditions:
1. Object and content of the contract
Publications of the TÜV Association can be purchased in our online shop via www.tuev-verband.de/en. We offer these publications in a printed version or digitally as a download. All publications are created and published by the TÜV Association. The TÜV Association also is the contractual partner.
Basis of the respective contract are the present General Terms and Conditions which are acknowledged and confirmed by concluding the contract..
Users can order the publications as printed versions or as digital download-versions. Before submitting an order, users have to register by entering the required details in the input screen. Thereafter, the user has to choose and enter a user name and a password of his or her own choice. The user is responsible for keeping the name and password secret. After initiating the order process, the user will receive an order confirmation by e-mail.
Depending on the order, delivery is carried out by means of a downloadable file or by post.
- Download of a file as PDF-files: The TÜV Association makes the documents available as PDF-files on a server, where they can be retrieved by the user. The customer retrieves the content or the relevant article from the system by clicking on a link. The period of use or access to the respective article is 14 days. After expiration of the period, the user can no longer access the selected article. The user himself is responsible for obtaining access to the Internet and World Wide Web, such access is not part of the contract.
- Printed version: Following the receipt of the order, the customer in general receives the printed publications within 5 days against invoice. Delivery costs are based on the current postage charges.
4. Payment, prices
Items are offered for sale by the TÜV Association without obligation and subject to change without notice. The offered sales price is binding. The prices include the valid legal rate of VAT, plus delivery costs, unless otherwise stated.
If the publication ordered by the customer is not available, the TÜV Association informs the customer immediately and reimburses any payments already made by the customers. In this case, the TÜVAssociation is released from the obligation to deliver the product. Payment for the publications shall be made by invoice. When selling the publications, the TÜV Association works together with TÜV-Media GmbH for payment and billing procedures. TÜV-Media GmbH issues the invoice on behalf and in the name of the TÜV Association corresponding to the items ordered that are subject to payment. If no other terms of payment are stated on the invoice, the invoice amount must be paid to TÜV-Media GmbH within 14 days of provision of service/receipt of goods and without deduction. After the expiry of this period, the customer is in arrears of payment. During the period of the arrears, private customers (consumers) are liable to pay an extra charge amounting to 5%, and corporate customers a charge of 8% above the base lending rate. The customer is only entitled to offset payments if his claims have been confirmed in legally binding form or have been recognised and accepted by the TÜV Association.
5. Retention of title
In the case of contracts with private customers (consumers), the TÜV Association retains title to the goods up to complete payment of the purchase price. In the case of contracts with corporate customers, the TÜV Association retains title to the goods until all claims from a current business relationship have been met. The customer is obliged to handle and treat the goods with care during the period of the retention of title. In cases of contractual infringement by the customer, in particular in cases of arrears and delay in payment, TÜV Association is entitled to withdraw from the contract and to demand return of the goods supplied.
6. Scope of use
- All rights, in particular copyright and rights of use of the publications placed at the disposal of the customer are held exclusively by the TÜV Association.
- The user is entitled to make use of the publication placed at his disposal for private purposes in return for payment and is entitled to copy it into the working memory of his computer. Downloading and temporary storage for private purposes on a computer or monitor is permitted. The user is only entitled to create copies or reproductions (for example printouts of web pages or of the respective publication) for private purposes or for his own information purposes. In addition, the user may only utilise the publications called up for his own use. These entitlements only apply if protective marks and notes (copyright notes and similar) and also reproduction of trademarks and names remain unchanged in the reproduced material Any other forms of reproduction, including photo-mechanical reproduction and entry into data bases even including parts of the publications, including for use within the user’s own company, is not permitted.
- Archiving is only permitted under the following circumstances:
- the archived collection may only serve private and internal purposes of the person undertaking the archiving, in other words, exclusively in order to ensure continued existence of the publication and for so-called internal use;
- the archive must not be accessible to third parties;
- it may also not be used for creating reproductions or copies for third parties;
- it may not lead to any additional use of the works.
- For all other uses prior written consent of the TÜV Association is required (including but not limited to reproduction for commercial purposes, including archiving, transfer to or processing by third parties for own or third parties purposes or for public reproduction or presentation and also for translation, editing, arrangement or other revisions or modifications). Within the services a note can be found at a suitable location as to where extended modes of use can be licensed by the TÜV Association.
- The user may not remove the copyright marks or notes and other retentions of rights from the data. The user is obliged to ensure recognition of the copyright.
7. Warranty and liability
- The TÜV Association does not have any influence on transfer of data via the Internet. Therefore, the TÜV Association does not accept any responsibility for guaranteeing that interactive processes reach the user correctly and that the dial-up process via the Internet works at all times.. In addition, it is not guaranteed that exchange of data is carried out at a certain speed.
- In addition, disturbances that result from defects or interruption of the computer of the user or the communication pathways from the user to the server or from improper use of the user name and/or password are not covered by warranty or guarantee.
- The TÜV Association does not bear the risk of loss of data on the transfer path outside its area of influence or domain. Risk is transferred when the data or the publication is made available for call-up on the server. The TÜV Association also does not accept any liability for data security outside its area of influence.
- The TÜV Association will eliminate any disturbances and errors which are greater than insignificant as soon as possible and will attempt to eliminate insignificant disturbances within an appropriate time. The TÜV Association will try to keep the service available on a continuous basis. However, the user has no claim to continuous availability of the services of the TÜV Association.
- The guarantee provided by the TÜV Association is limited to the minimum required by law. The legal warranty periods also apply.
- The customer is always obliged to check that the goods supplied correspond to the contract. Complaints are only permitted within one week of receipt of the goods. Hidden defects, which cannot be found following immediate inspection of the goods must be reported and pursued within the legal warranty period. In case of justified complaints, the TÜV Assocation is obliged to provide repair and/or replacement at its discretion, excluding further claims. In case of delayed or unsuccessful repair or replacement or if repairs or replacement are not carried out, the customer can require a reduction of the purchase price or cancellation of the contract. Defects in a part of the delivered goods do not entitle the customer to complain about the entire delivery, unless the partial delivery is not of interest to the customer.
- Apart from intent and gross negligence, the TÜV Association does not accept any liability for the possibility and quality of access and the quality of the presentation, for memory failure, interruption, possible delays, deletion or transmission of errors during electronic communication.
- The TÜV Association is only liable in cases of deliberate intent and gross negligence. The TÜV Assocation does not accept responsibility for the completeness of the content of the data. No guarantee that data will be free of errors can be accepted based on the state of technology.
8. Right of cancellation
- The following paragraphs only apply to customers who are to be considered as private customers (consumers) according to § 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB). A consumer is any natural person who concludes a legal transaction for a purpose which is not based in his commercial or self-employed professional activity.
- The customer can revoke his contract declaration in text form (for example by means of letter, fax, email) within two weeks without giving reasons or by returning the goods. This period begins at the earliest when receiving this instruction and the receipt of the goods by the customer.
- In order to meet the cancellation deadline, it is sufficient to despatch the cancellation or return the goods in good time.
- The cancellation is to be addressed to Verband der TÜV e. V., Friedrichstr. 136, 10117 Berlin, E-Mail: firstname.lastname@example.org, Fax: 030 760095-401.
- In the case of effective revocation, the services received by both parties shall be returned and any utilisation of the goods shall be reimbursed.
- If the customer is unable to return the service received to the seller in whole or in part or only in a worsened condition, the customer must compensate the seller with restitution for the loss of value.
This does not apply to the handover of goods if the deterioration of the goods is exclusively due to their inspection. The customer can also avoid restitution of the loss of value if he does not make use of the material as if they were his own property and avoids all actions and circumstances that could reduce its value.
9. Legal venue, place of fulfilment, effectiveness
The place of fulfillment is the registered office of the TÜV Association, i.e. Berlin, Germany.
German law applies toA the contractual relationship. The UN Convention on the International Sale of Goods is excluded.
Any invalidity of one or more provisions of this contract shall not impact the validity of the remainin provisions.
10. Information on the online dispute resolution according to Art. 14 para. 1 Regulation on consumer ODR
The EU Commission provides a platform for out-of-court online dispute resolutions (ODR platform), which can be found at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.