General Terms and Conditions

§ 1 Definitions and general information

(1) Within the meaning of these General Terms and Conditions

  •  “we” are tredition GmbH, Halenreie 40-44, 22359 Hamburg, Germany;
  • the “user” is any person that uses our offer for authors and customers;
  • a “work” is any book that we publish and includes all parts thereof, i.e. in particular, text, graphics, etc.;
  • “copyright holders” are users looking to publish and sell works through us;
  • the “user account” is the personal access to our internet platform upon registration, which contains the user’s personal data and contract information;
  •  “e-books” are electronic books in the form of a file and “print books” are printed books, especially as paperbacks and hardcovers;
  •  “literature partners” are users that edit works together with the copyright holder (e.g. editors, illustrators or translators).

(2) These General Terms and Conditions apply for all contracts that relate to our services. Our Special Terms and Conditions for Book Contracts shall also apply, with priority, and can be downloaded here: Book contract.  Any deviating agreement requires an individual agreement between the parties.

§ 2 Contractual relationship and user account

2.1 Services

Registered users can publish their work via our internet platform. We pay a commission to the copyright holders for successfully marketed works. Users can purchase works from our range on our online shop.

Registered users can also work together with other users as literature partners and provide their services for the copyright holders.

2.2 Registration

(1) Registration on our internet site is required to use our offer. Individuals with full legal capacity are entitled to register. Minors require the consent of their legal guardians. Registration takes place by creating a user account and by acknowledging these General Terms and Conditions and is free of charge. There are no base monthly fees or purchase commitments.

(2) The user agreement enters into force upon confirmation of registration (e-mail confirmation) by us. An entitlement to conclude a user agreement does not exist.

(3) Users must provide true and (where required for registration) complete information when registering and must communicate any changes to this data.

(4) Users select their user name and password when registering. In particular, the user name is visible when communicating with other users. It must not consist of an e-mail or internet address or a telephone number and must not breach any laws, third party rights or common decency.

2.3 User accounts

(1) User accounts may only be used by one (1) natural or legal person. They cannot be transferred and may not be assigned for use by third parties. Users may not use the user account to perform any transactions for third parties. Users must take all reasonable and necessary means to protect their account against unlawful use, in particular

  • make sure that passwords and access data are stored in a secure and safe place;
  • disable your web browser’s password reminder function for our internet site, if it is possible for third parties to access the computer;
  • use secure passwords (no birthdays, no simple terms);
  • change their password at regular intervals;
  • use and update security mechanisms (e.g. firewall, anti-virus software) in order to prevent malware from spying on access data.

(2) In the event of misuse or suspicion of misuse, the user must immediately change the password and inform us by e-mail (info@tredition.de).

§ 3 Termination

(1) The user may terminate the user relationship without adhering to a notice period. Copyright holders with existing book contracts may only terminate the relationship at the end of the most recent book contract. Termination is exclusively performed by deleting the user account via “My Account/Delete Account”.

(2) The right to termination without notice for good cause, especially in the event of serious or repeated violations of these terms and conditions by the user, remains unaffected.

(3) The termination of the user relationship does not affect contracts concluded with other users.

(4) We shall delete the relevant user account as well as all content and downloads at the end of the user relationship. The user is responsible for performing any backups before the end of the contract. There is no entitlement to the subsequent restoration of data.

(5) We may terminate the user relationship and delete the user account, if the user account has not been used for over a year, despite sending a reminder, if no current book contracts exist and the user has not purchased any works.

§ 4 Acquisition of rights

4.1 Conclusion of contracts

(1) The user may select products from our range and add these to their shopping basket by using the “Add to shopping basket” button. The user can use the “Order now” button to submit a binding order to purchase the articles in the shopping basket. Before sending the order, the user has the opportunity to change, view and correct the data they have provided. The order can only be issued and transmitted once the user has accepted and confirmed these terms and conditions by ticking the “I have read and consent to the GTCs” box.

(2) The content of the offer submitted by the user particularly depends on the relevant work, the selected scope of the acquisition of rights and the associated remuneration.

(3) The contract is concluded upon our acceptance. The contract language is exclusively German.

(4) The delivery periods are indicated in the relevant offer. Individual copies for authors are only produced at the author’s request, which is the reason for the separate delivery periods.

4.2 Rights of use

(1) The user may download purchased electronic works as a file. We also add the file to the purchase history in the user account for renewed download as long as the user account exists.

(2) The user may utilize purchased works for their own purposes, within the scope agreed with us, in accordance with the applicable license conditions. Further exploitation and sale, including the commercial use of the works, is prohibited.

(3) The user may create one (1) backup copy of the file with the work. In all other respects, the user is prohibited from reproducing or distributing works licensed by us.

(4) Rights are only granted if the associated remuneration has been paid.

4.3 Prices and payment processing

(1) The user may make payments using the methods of payment selected upon conclusion of the contract.

(2) The user must ensure that adequate funds are available. In the event of a reversed direct debit due to a shortfall, the user shall be obliged to pay any additional costs that we incur.

(3) The user’s obligation to pay default interest does not rule out our right to claim additional damages due to default.

(4) The user is only entitled to a right to offset if their counterclaims are recognized by us or are established by law. The user is only authorized to exercise a right of retention if their counterclaim relates to the same contractual relationship.

(5) We are entitled to offset our outstanding receivables from copyright holders against any commission entitlement in the commission account.

(6) If the user defaults on payment, we are entitled to block the user account until all outstanding receivables are paid. Our other statutory and contractual entitlements and rights in the event of a default of payment remain unaffected.

§ 5 Offers and contents

5.1 Contents and indemnification

The works and contents published by us are copyright protected. Use (especially publication, reproduction and editing) is only permitted with the approval of the relevant copyright holder.

Users of content published by us must not violate any laws, third party rights, common decency or these terms and conditions of use. The user indemnifies us from claims, damages and expenses that arise for us, our employees and/or legal representatives due to a legal violation as a result of use.

5.2 Reviews

Registered users may submit reviews for the works that they have purchased. We are not obliged to publish the submitted reviews. A review is limited to 5,000 characters. Reviews must not contain:

  • Expletives, obscenities
  • Disparaging, non-objective criticism
  • Information that quickly becomes irrelevant (for example, book tours, concerts, film previews, etc.)
  • One-word criticisms
  • Commentary that relates exclusively to the copyright holder, artist or author
  • Disclosure of the plot or more than 10 lines of content
  • Telephone numbers, e-mail addresses, URLs
  • Advertising or irrelevant content

We are entitled to delete comments that do not comply with these guidelines.

§ 6 Liability

(1) Users are not entitled to claim compensation. This does not apply to compensation claims due to death, physical injury, damage to health or a breach of material contractual obligations as well as liability for other damages due to an intentional or grossly negligent breach of duty for which we are responsible. Material contractual obligations are those whose fulfilment is required to achieve the purpose of the contract as well as those upon whose compliance the user, as the contractual partner, can regularly rely. In the event of a breach of material contractual obligations, we shall only be liable for foreseeable losses, typical for the contract, if these were caused as a result of simple negligence, unless this relates to a user’s compensation claims due to death, physical injury or damage to health.

(2) We are not liable for the adequacy of our services to achieve a specific economic success, unless an express agreement is reached in this respect. Moreover, we are also not liable for facilities or services outside our sphere of influence, in particular, not for disruptions to the internet or the connectivity to services or facilities used. In the event of liability towards merchants, we shall not be liable for compensating indirect losses, especially for lost profit.

(3) Exclusions and restrictions of our liability also apply for our legal representatives and agents as well as for claims for the reimbursement of expenses.

(4) The provisions of the Product Liability Act and our liability for any warranties shall remain unaffected.

§ 7 Right of withdrawal

Right of withdrawal

You are entitled to withdraw from this contract within fourteen days without providing reasons. The right of withdrawal applies for fourteen days from the date of conclusion of the contract. For contracts on the delivery of goods, this applies from the day on which you or a nominated third party, who is not the carrier, receives the goods.

To exercise your right of withdrawal, you must contact us (tredition GmbH, Halenreie 40-44, 22359 Hamburg, Germany, e-mail: info@tredition.com, telephone: +49 (0)40/28 48 425-0, fax: +49 (0)40/28 48 425-99) and provide a clear declaration (e.g. letter, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed withdrawal form template for this purpose, however, this is not mandatory.

For purchase contracts, we may withhold any repayment until we have received the goods, or until you have provided proof that you have returned the goods, depending on which occurs first.

Sending the declaration on exercising the right of withdrawal prior to the withdrawal deadline is sufficient to comply with the withdrawal deadline.

Consequences of withdrawal

If you withdraw from this contract, we must immediately repay all payments that we received from you, including the costs of delivery (with the exception of additional costs due to your selection of a different type of delivery than the most cost-effective standard delivery offered by us), however, no later than within fourteen days from the date on which we received your declaration of withdrawal from this contract. To make this repayment, we use the same method of payment that you used for the original transaction, unless another method has been expressly agreed; in no case shall we charge any fees for this repayment.

If you requested the services to commence during the withdrawal period, you must pay us an appropriate amount, which corresponds to the services already provided at the time at which you inform us that you have exercised your right of withdrawal from this contract based on the entire scope of the services defined in the contract.

In the event of contracts on the delivery of goods, you must immediately return or transfer the goods to us, at least no later than within fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is deemed to be complied with if you dispatch the goods prior to the expiration of the fourteen day deadline. We shall bear the costs of returning the goods.

You only need to pay for any loss in value of the goods, if this loss in value is due to handling that is not necessary to check the condition, features and functionality of the goods.

The right of withdrawal does not apply for distance contracts

  • that we conclude with companies within the meaning of § 14 BGB (German Civil Code)
  • to deliver goods, if these are inseparably mixed with other goods after delivery due to their nature
  • to deliver audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery
  • to deliver newspapers, journals or magazines with the exception of subscription contracts
  • to deliver goods that are not prefabricated and whose production requires an individual selection or specification by the consumer (e.g. own copy orders), or which are clearly tailored to the consumer’s personal requirements

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Withdrawal form template

(If you wish to withdraw from the contract, please complete this form and return it to us.)

Attn:

tredition GmbH
Halenreie 40-44
22359 Hamburg
Germany

Fax: +49 (0)40 / 28 48 425-99

info@tredition.com

I/We (*) hereby withdraw from the contract to purchase the following goods (*)/ provide the following service (*) concluded by myself/us (*)

Ordered on (*)/Received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in the event of notification in paper form)

Date

(*) Delete as appropriate.

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§ 8 Data protection

We respect the privacy of users and comply with the applicable data protection provisions. The user’s personal data shall only be used to provide the services offered by tredition. Further details can be found in our privacy statement.

We are entitled to block users from reregistering, if they have provided an occasion for termination for good cause. We are entitled to store the data required to block this reregistration for a maximum period of 2 years from the end of the user relationship. More information can be found on our privacy statement, which you can access on our homepage.

§ 9 Defects

(1) For transactions with business owners, the period of limitation for claims for defects for items that we have delivered amounts to 1 year. In all other respects, we are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
(2) In the event of claims for defects by business owners, obvious defects upon delivery must be reported within 14 days of receipt.
(3) Our liability due to compensation claims by users due to death, physical injury, damage to health, or due to a breach of material contractual obligations (see § 8), for damages in accordance with the Product Liability Act as well as for any warranties, remains unaffected by subsections 1 and 2 mentioned above.
(4) Any complaints and warranty claims can be submitted to the address provided in the provider identification.

§ 10 Miscellaneous

(1) Order processing and contact as part of the execution of the contract generally takes place via e-mail. The customer must therefore ensure that the e-mail address indicated is correct and that no customer settings or filters prevent the receipt of e-mails related to the contract. The user shall regularly check the inbox of the e-mail address communicated to tredition, at least every 3 weeks, for new messages.

(2) The contract text shall not be stored by us and can no longer be accessed following the completion of the ordering process. The user can print out these terms and conditions and the order data before sending an order and receives an e-mail after ordering, which also contains the user’s order (contract confirmation).

(3) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationships between the user and tredition shall be the registered office of tredition.

(4) The invalidity of individual provisions in these General Terms and Conditions shall not affect the validity of the remaining provisions.

As of: July 2014
© tredition GmbH
Reproduction and use of these GTCs, either in full or parts thereof, is prohibited.