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Standard Terms and Conditions of rentals.springer.com

Terms and Conditions for eBook Rentals at rentals.springer.com 

 

Revised: 16 April 2015

1. Definitions, Scope of Application

1.1 The following Standard Terms & Conditions of Business (“T&C”) apply to the rental of electronic books (“eBook Rentals”) at www.rentals.springer.com (“eBook Rentals Shop”), provided by Springer-Verlag GmbH, Heidelberger Platz 3, 14197 Berlin; phone: +49 (0) 6221 487 0, email: webmaster@springer.com; Geschäftsführer (directors): Derk Haank, Martin Mos, Peter Hendriks (“Springer”).

1.2 As used in these T&C, the term “Customer” shall refer to users of the eBook Rentals Shop and to users who purchase temporary access to e-books in the eBook Rentals 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

2.1 In the eBook Rentals Shop, Springer offers the rental of electronic books (“eBooks”) for a limited period of time (“Rental Period”). The specific items, available Rental Periods and prices can be gathered from the details provided in each case at the eBook Rentals Shop.

2.2 Directly after the purchase of access, the eBook will be available for reading. Customers have unlimited access to their rented eBooks through the Online Reader using an Internet browser until the end of the relevant Rental Period. At the end of the Rental Period access is terminated.

3. Technical Requirements for Using Rented eBooks

3.1. In order to access the eBooks during the Rental Period through the Online Reader, Customers must have Internet access and a regular Internet browser. Customers are solely responsible for ensuring that they have the necessary technical means to use the eBook Rentals services.

4. Use of the eBook Rentals Shop

4.1 Customers intending to place orders at the eBook Rentals Shop must be registered users of www.springer.com or register with rentals.springer.com. Username and password will be valid for both sites, regardless where the Costumer has registered. The Terms and Conditions for www.springer.com (http://www.springer.com/generic/terms) apply to the user account.

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 Temporary Access to eBooks (eBook Rentals)

6.1 The Customer has the option of ordering access to certain eBooks for one of the available Rental Periods by clicking on the relevant shopping cart button and by subsequently completing the order process.

6.2 By clicking on the “Order with obligation to pay” 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 has a statutory right of withdrawal. The right of withdrawal expires for eBooks if the performance has begun with the Customer’s prior express consent and his/her acknowledgment that he/she thereby loses his/her right of withdrawal.

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 of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Springer-Verlag GmbH, Heidelberger Platz 3, 14197 Berlin) 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.

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-Verlag GmbH, Heidelberger Platz 3, 14197 Berlin :
— 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. Prices, Terms of Payment

7.1 The prices for the available Rental Periods of individual eBooks are stated in the respective presentation of each item.

7.2 All the prices quoted in the Online Shop include the applicable statutory turnover tax.

7.3 Unless otherwise agreed, payment must be made in advance and shall fall due for payment immediately on completion of the order.

7.4 The purchase price may be paid by credit card.

7.5 If the Customer also wishes hard-copy invoices to be sent, Springer may charge a separate fee for this.

7.6 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 eBook Rentals Shop and/or access to the relevant eBooks, 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.

8. Rights of Use for Digital Content

8.1 Digital content shall be delivered to the Customer by making the eBook available through the Online Reader (cf. Clauses 2 and 3 above).

8.2 The strictures of copyright law shall apply. The Use of eBooks is permitted, inter alia, for the Customer’s own purposes. The Customer may access the rented eBook during the Rental Period via the Online Reader. Any other or more extensive types of use and exploitation shall be permissible only pursuant to the provisions of the law. Thus the following in particular are not permitted: making additional copies other than those permissible under law of the eBook, in particular on end devices or media to which other individuals or entities have access; adapting or redesigning the eBook, and publishing or exploiting the item thus made; passing on the eBook to third parties, or lending it out or otherwise circulating it; and making the eBook publicly accessible or sending it to third parties. This also covers use in an intra- or extranet. The above rules also apply to any additional content that is retrieved from eBooks as a source.

8.3 Clause 8.2 above additionally shall apply not only to the eBook in its entirety, but rather to all the individual articles, photographs, and other individual components or parts it contains, unless the part concerned does not in itself enjoy statutory protection under copyright law or other legislation.

8.4 Springer reserves the right to block the Customer’s access to of his or her eBooks if the Customer has acted in breach of Clause 8.2 above, or has enabled third parties to use or exploit an eBook or parts thereof without authority to do so.

9. Warranty and Liability

9.1 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.

9.2 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.

9.3 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.

9.4 In all other respects, liability towards Springer and Springer’s vicarious agents – for whatever cause in law – is hereby ruled out.

9.5 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.

10. Terminating the Account for the eBook Rentals Shop

10.1 The Customer may give notice terminating the agreement on use for the eBook Rentals Shop at any time. Notice may be sent by email to customerservice@springer.com or declared in writing and sent by telefax or post.

10.2 After the agreement has terminated, the Customer shall no longer have any access to the eBook Rentals Shop and shall therefore no longer be able to access any eBooks rented. In case of an on-going Rental Period which exceeds the termination, the Customer shall not have the right to receive any refunds.

10.3 Both parties reserve the right to give extraordinary notice for grave cause.

11. Contract Document

11.1 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 eBook Rentals Shop, however, the Customer will see the rentals taken out in his or her name.

12. Data Protection

12.1 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 for the eBook Rentals Shop as amended from time to time.

13. Miscellaneous

13.1 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.

13.2 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.

13.3 German law shall apply exclusively. This shall not, however, have the result of depriving a consumer of the protection afforded to him by provisions of the law of the country where the consumer has his or her habitual residence.

13.4 If any provision of these Standard Terms & Conditions 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.

 

Revised: 16 April 2015