VAN Magazine is a product of
VAN Verlag GmbH
c/o Factory Works GmbH
12435 Berlin, Germany
As a service, we are translating them to English.
1. Articles published on www.van.magazine.com do not necessarily reflect the opinions of the Publisher and Editor-in-Chief. VAN cannot assume responsibility for the accuracy of facts, dates and other claims by individual contributors.
1. VAN may contain links to other websites or online services not maintained by VAN. These links do not constitute an endorsement of the content, services, or persons associated with these websites or online services. The Publisher and Editor-in-Chief take no responsibility for other websites or online services.
5. Online Shop, Subscription Purchase, and Delivery
1. The online shop is an informational catalogue and not a legally binding offer respective to prices and services. When the customer clicks “Buy Now,” this offer becomes binding. The order confirmation will follow immediately after the order is made. By sending a confirmation email or delivering the product, VAN makes the agreement final. We will process all requests promptly, usually within five business days.
2. The Customer’s receipt of any products ordered from VAN within this period is subject to VAN’s timely receipt of products and services necessary to provide the Customer with his or her order. If the delivery fails due to untimely delivery from a supplier or separate contractor for VAN, VAN may withdraw from its agreement with the Customer. Subject to the terms of clause 9, the Customer is not entitled to damages due to the late arrival of products.
3. If a delivery is interrupted by Force Majeure, defined as fire, flood, strike, disruption in company operations, or government intervention (that cannot be viewed as normal operational risk), the Customer is not entitled to damages. The Customer will be promptly informed of the interruption to delivery and any payment received will be refunded.
4. Deliveries may be made in multiple shipments, providing the customer has not shown a preference against them, or that they could reasonably be considered a major inconvenience.
6. Prices and Payment
1. The list prices displayed on the website at the time of order are valid.
2. Prices are displayed before any additional costs for shipping and handling. Additional taxes may apply.
3. Prices for shipping and handling may be charged separately.
4. VAN delivers its products upon receipt of payment.
5. The product remains the property of VAN until payment is completed. When payment is completed, the product becomes the property of the Customer. The Customer does not have the right to use the product before payment is completed. If the Customer modifies the product (for example, by repackaging it with other products) before payment is completed, VAN becomes a partial owner of this product. The customer is required to store the new product safely until the ownership of the product is transferred to him or her.
6. Concerning a product of which VAN is a partial owner, and in cases in which a third party has claims against the Customer, such as a seizure of assets, the Customer is required to notify the third party of VAN’s partial ownership of the product in his or her possession. The Customer is required to cover any costs arising intervention in this case.
7. Concerning a product of which VAN is a partial owner, and in cases in which the Customer has claims against a third party, VAN may allow the Customer to act on his or her claims subject to its discretion and transfer ownership to the Customer. The Customer may also request that VAN reassign the outstanding balance to the third party in this case.
1. The Customer does not have the right to offset his or her payments to VAN with claims of his her own unless these claims have been found legally binding. The Customer is not entitled to retention rights.
1. VAN will honor its guarantee to the Customer upon receipt of a complaint. In case of a deficiency with the product, VAN will rectify the defect or provide a substitute. The Customer may choose between either of these solutions. The shipment of a substitute product is subject to VAN’s explicit written consent.
2. If VAN is unable to fix a defect in a product, the Customer may choose between a discount on the product or a voiding of his or her contract. Damages are subject to the conditions of clause 9.
3. If the Customer chooses to void his or her contract, he or she must make VAN aware of this intent before returning the product.
4. In the case of obvious defects, VAN will make a written announcement to that effect within one week. This announcement will be considered valid as fulfilling the legal deadline.
5. If the returned product is not defective, VAN reserves the right to invoice the customer for shipping, handling and appraisal costs up to 20 euros. The burden of proof if costs are lower than 20 euros is on the Customer; the burden of proof if costs are higher than 20 euros is on VAN.
1. The Customer does not have the right to damages in cases where unintentional carelessness on the part of the company causes a breach in the agreement. His or her right to damages is limited to certain specific, predictable cases in accordance with these Terms. This applies additionally to contractors for VAN.
2. These restrictions of liability do not apply to personal injury or loss of life of the customer as required by law. Intentionally fraudulent product information, the guarantee and product liability are also excluded from the restriction to liability in clause 9.1.
3. The warranty period is two years from product delivery for the Customer. The warranty period does not apply in cases of gross negligence, personal injury or loss of life, nor does it do apply to other exceptions to the warranty period as required by law.
10. Software Products
1. When the Customer purchases a software product, he or she will be provided with a data storage device (CD-ROM, disk) or a digital download, the appropriate product documentation, and a license to use the software according to the terms of the software provider, if applicable.
3. For software products, the conditions of the software provider’s guarantee are applicable. The Customer must contact the software provider to make use of the guarantee.
4. The Customer is responsible for his or her data backups and is required to prepare for any data loss that may result from the installation of new software. VAN cannot be held responsible for data loss that results from the installation of software it provides.
1. If both partners in the purchase agreement communicate via email, they agree to accept this as a valid and binding method of communication for contractual issues.
2. In email communication, the usual information—name and email address of the sender, the date and time the email was sent, and the name of the recipient—may not be hidden or blocked using anonymizing technology. The validity of an email is subject to proof that the email arrived to the other partner in the agreement.
3. The privacy of unencrypted emails cannot be guaranteed. Upon the Customer’s request, VAN will use an encryption protocol in communications.
4. All messages must be written in English or German to be valid for the agreement.
12. Other Terms
1. This agreement, whether past, present, or future after its completion, is subject to the laws of the Federal Republic of Germany as negotiated under the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The Place of Jurisdiction for both parties in the agreement is Berlin.
3. If the Customer is a registered merchant, legal entity or public corporation, or if the Customer does not have a Place of Jurisdiction in the Federal Republic of Germany, the Place of Jurisdiction will be the responsible Court in Berlin.