General Terms and Conditions

GTC

General Terms and Conditions of Business and Delivery with Customer Information for the Online Shops of Bauverlag BV GmbH

Withdrawal Policy for the Online Shops of Bauverlag BV GmbH

Preamble

Bauverlag BV GmbH ("Bauverlag"), Friedrich-Ebert-Str. 62, 33330 Gütersloh, offers its customers via its website at www.bauverlag-shop.de and www.profil-buchhandlung.de the purchase of journals, books, loose-leaf collections, digital articles, eBooks, eMagazines, texts, illustrations, graphics, tables and similar as a print edition ("Products") and/or in electronic form as downloads ("Digital Content") by subscription and/or as individual orders to be acquired for a fee. By placing an order, you accept the following General Terms and Conditions of Business and Delivery for the products and digital contents of Bauverlag ("Online Shop Terms and Conditions"). These General Terms and Conditions of Business and Delivery for the online shops of Bauverlag ("Online Shops GTC") can be accessed, printed and/or downloaded at any time under the link "GTC" of the website of Bauverlag at www.bauverlag-shop.de as well as www.profil-buch-handlung.de ("Websites").

Regarding the use of individual applications, additional terms and conditions may apply in addition to these Online Shop GTC. In the event of a contradiction, the provision of the additional terms and conditions for the use of the respective application shall take precedence over these General Terms and Conditions for the Use of the Services of Bauverlag.

1. Subject of the Contract

1.1 Subject of the Online Shops GTC is the purchase of products as well as the purchase of a right of use for digital content for viewing as well as downloading. The products and digital contents can be ordered as a subscription and/or as a single product. The Online Shops GTC are aimed equally at consumers within the meaning of § 13 BGB (German civil code) and entrepreneurs within the meaning of § 14 BGB.

1.2 These Online Shops GTC apply to all business relationships between Bauverlag and the customer regarding the purchase of products and digital content from Bauverlag. By placing an order with Bauverlag, the customer accepts the Online Shops GTC in the version applicable at the time of the order. Contradictory, deviating or supplementary GTC of the customer shall not become part of the contract unless Bauverlag expressly agrees to their validity in a written form.

1.3 In the case of continuous obligations, Bauverlag is entitled to change contractually agreed services if new legal or official requirements make a change necessary, if the agreed services no longer correspond to the current state of technology, safety conditions or data protection or if agreed services are replaced by services of equal or higher value, the agreed target quality remains essentially unchanged and the associated change in service is reasonable for the customer. The customer shall be notified of any changes in service in a written- or in text form at least two (2) months before they take effect. The customer may terminate the service affected by the change in service in a written form within one (1) month of notification of the change in service.

1.4 Please address any questions regarding your contract and/or the use of the Bauverlag websites to the following e-mail address info@bauverlag.de.

2. Contract Conclusion

2.1 The presentation of the products and digital contents on the websites does not constitute a binding offer, but a non-binding online catalogue. The offers of Bauverlag are subject to change and non-binding. The customer can select products and digital contents and, after going through the order process on the websites, make a binding offer to purchase the selected products and digital contents by clicking the button "order subject to payment". The confirmation for receiving the order will be sent together with the acceptance of the order by Bauverlag immediately after it has been sent by an automated e-mail. This e-mail contains the text of the contract, order data and our General Terms and Conditions. The acceptance of the offer is at the discretion of Bauverlag. Upon acceptance of the offer by Bauverlag, a contract shall be concluded. Bauverlag may refuse to conclude a contract with a customer without giving reasons. In the case of digital contents, the customer shall receive the access data (order number and password) for registration for the personal area, in which the ordered, digital contents are immediately made available for viewing as well as downloading, by e-mail within three (3) working days after the confirmation e-mail at the latest. You can view and download the GTC on our website at any time.

2.2 If the ordered products and/or digital contents are out of stock or not available for other reasons, Bauverlag will inform the customer of this immediately in text form and refund any payments already made without delay. If the products and/or digital contents are not available, the customer may cancel his order.

2.3 Bauverlag offers its customers special bonus deals. These are limited to the time that supplies last. Bauverlag reserves the right to reclaim from the customer a bonus that has been wrongly received. This is particularly the case if the customer does not fulfil essential contractual obligations and does not comply with them despite a warning and the setting of a deadline. In the event of a reclaim, the customer is liable not only for the costs of the bonus but also for the costs of return shipment and legal prosecution.

3. Order Procedure, Contract Terms and Sign-up

3.1 The desired products and/or digital contents can be placed in the shopping cart without any further commitment on your part. You can remove the products and digital content from the shopping cart at any time. If you want to buy the products and/or digital contents in the shopping cart, click the button "Checkout" and fill in your customer data on the following page. Then choose the desired payment method. The last step takes you to the checkout page with an overview of the selected products and digital content. Here you can check your entries again and edit them if necessary. After you have expressly accepted the online shop terms and conditions, an order can be placed. By clicking the button "order with obligation to pay" you submit a binding order offer, which is transmitted to Bauverlag. The process can be cancelled at any time by closing the browser window.

3.2 The terms of the contract will be stored on our internal servers. You have the option of concluding the purchase contract in German or English. You can view the online shop terms and conditions at any time on this page. The order data and the Online-Shops GTC will be sent to you by e-mail.

3.3 The customer can place an order for products and digital content as a subscription and/or individual magazine/products of Bauverlag, with or without registration on the websites. If the customer signs up for the Bauverlag website, the customer assures that the data provided during registration is correct and complete and that any changes to the registration data will be communicated promptly. The password chosen by the customer must be kept secret. Bauverlag will not transmit the password to third parties.

3.4 The customer ensures that at the time of the order he/she is of legal age and has full legal capacity.

4. Prices, Shipping Costs and Terms of Payment

4.1 The prices for the products and/or digital contents are based on the price details and product information on the Bauverlag website in the version valid at the time of the order.

4.2 Changes in prices and errors are reserved. As far as the volume of services of Bauverlag is extended more than insignificantly, Bauverlag shall be permitted to increase the prices adequately, i.e. in proportion to the occurred extension. The customer shall be notified of changes in prices in written or text form at least two (2) months before they take effect. The customer may terminate the service affected by the change in price in written form within one (1) month of notification of the change in service. If the customer does not make use of this right and if the customer has been informed of the legal consequence in the notification of the price increase, the contract shall be continued at the changed prices. Publishing products are subject to statutory price maintenance. Therefore, discounts cannot be granted.

4.3 The prices quoted in the offers of www.bauverlag-shop.de are total prices, in the case of foreign annual subscriptions plus the shipping costs shown during the order process. Further taxes and fees do not apply.

4.4 The prices quoted in the offers of www.profil-buchhandlung.de for online orders are total prices including shipping costs for an order value of € 29.00 or more for shipments within Germany. In the case of an order value of less than € 29.00 and for shipment outside Germany, the prices stated are total prices plus the shipping costs shown during the order process.

4.5 For details on shipping costs, please refer to the offers and/or the link "Shipping and Terms of Payment" at www.bauverlag-shop.de or "Delivery, Shipping and Payment" at www.profil-buchhandlung.de.

4.6 The customer may pay for the ordered products and/or digital content on account. Unless otherwise agreed, the invoice amount shall become due for payment upon receipt of the invoice by the customer. Payments are to be made without deduction to the account stated in the invoice. For the offers of www.bauverlag-shop.de and www.profil-buchhandlung.de, payment can also be made via PayPal. Bauverlag reserves the right to exclude certain methods of payment. Bauverlag reserves the right to deliver only upon advance payment in individual cases.

4.7 Each product remains the property of Bauverlag until full payment has been made. In the case of digital content, the granting of the licence to use is subject to full payment of the licence fee.

4.8 Bauverlag reserves the right to also send invoices and payment reminders by e-mail, unless a paper invoice is requested.

5. Delivery of the Products and Provision of the Digital Content

5.1 The delivery of the products as well as the provision of the digital content takes place worldwide. For details on the delivery time of the products, please refer to the offers of www.bauverlag-shop.de as well as www.profil-buchhandlung.de. Bauverlag is permitted to make partial deliveries; the customer will not be charged any additional costs for this. Delivery shall be made to the given delivery address.

5.2 The digital content is provided in the manner and at the time described in section 2.1 of these Online Shops GTC.

5.3 In the event of non-delivery, late delivery or material damages in the course of delivery, Bauverlag shall only be liable for intent or gross negligence. Compensation is excluded for copies arriving late or missing abroad.

5.4 In the event of delivery disruptions due to force majeure, Bauverlag is permitted to deliver products exclusively in online format, even if they are offered in print format as agreed. In this case, Bauverlag informs the affected customers promptly and communicates the options for digital delivery. Force majeure in this context is particularly the case if Bauverlag's printing service providers are incapable of reliably fulfilling their obligations to Bauverlag due to delivery shortages or insolvencies.

5.5. In the event of delivery disruptions due to force majeure (including labour strike and lockout), Bauverlag is released from the obligation to deliver and the customer is released from the obligation to pay.

6. Terms of Use for digital contents

6.1 The customer acquires a simple, non-transferable right of use to the digital content, which is revocable before full payment of the licence fee. The customer may only use this digital content for his own use within the limits provided by law. He will not be granted any exploitation rights, for example for reproduction, distribution or making available to the public.

6.2 Information on the respective system requirements is given in the product description on the Bauverlag website. Bauverlag reserves the right to use technical protection and control devices and to limit the number of downloads and/or end devices permitted. The customer will be informed of such restrictions prior to completion of the purchase process.

7. Duration & Termination

7.1 Fixed-term subscriptions end on expiry of the agreed date without the need for termination.

7.2 Indefinite subscriptions which were concluded after 1st of March 2022 are considered to be closed for an indefinite period of time after the expiry of the minimum subscription period. They may be terminated at any time from this date with one month's notice.

Subscriptions taken out before 01 March 2022 are subject to a notice period of 3 months to the end of the current subscription period.

7.3 In the case of loose-leaf collections, the duration and termination options are determined in accordance with the product descriptions on the Bauverlag websites in the version valid at the time of the order.

7.4 Notice of termination must be given in written form.

8. Warranty

8.1 The statutory claims for defects apply without restriction. In contrast to the statutory provisions, claims for defects against companies shall become statute-barred after one (1) year.

8.2 As a consumer, the customer is kindly requested to immediately check the products upon delivery as well as the digital contents upon viewing or downloading for completeness, obvious defects and transport damage and to report any faults to the delivery person as soon as possible and to Bauverlag as soon as possible. Failure to make a complaint or to contact us has no consequences for your legal claims and their enforcement, in particular your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.

8.3 To the extent that the customer is an entrepreneur, he is obliged, in deviation from Clause 8.2, to inspect the goods immediately and with due care for deviations in quality and quantity and to notify Bauverlag in written form of obvious defects within 7 days of receiving the products; timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a violation of the obligation to inspect and give notice of defects.

8.4 Bauverlag does not guarantee that the products and/or the digital content will meet the customer's expectations or that a specific goal will be achieved with the products and/or digital content.

9. Liability

9.1 A 100 percent availability of the Bauverlag websites is not possible for technical reasons. Nevertheless, Bauverlag endeavours to remedy disruptions due to maintenance, security and capacity reasons as quickly as possible.

9.2 Bauverlag is only liable for damages caused by it or its legal representatives or vicarious agents, irrespective of the reason, in the event of intent and gross negligence. In the event of simple negligence, Bauverlag shall only be liable for damage resulting from injury to life, limb or health, or for damage resulting from the violation of an essential contractual obligation. In this case, however, liability shall be limited to compensation for the foreseeable, (contractually) typical damage according to the type of service. Except in the case of intent and gross negligence, Bauverlag shall not be liable for indirect damages, such as additional expenses, loss of profit or missed savings. Any further liability of Bauverlag is excluded.

9.3 For damages resulting from delay in service, Bauverlag shall only be liable in the event of intent and gross negligence. Other rights of the customer in case of delay remain unaffected.

9.4 Other indemnification claims of the customer are excluded. The provisions of the Product Liability Code (Produkthaftungsgesetz) shall remain unaffected.

10. Privacy

Our privacy policy applies.

11. General provisions

11.1 German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result.

11.2 We reserve the right to amend these Online Shop GTC with effect for the future, unless this is not reasonable for the customer. Bauverlag will only make changes for valid reasons, in particular due to changes in laws or jurisdiction, market conditions, state of the art or other equivalent reasons, unless this is unreasonable for you. The changes will be limited to the following areas: Ordering process, terms of use for digital content, provision of digital content and liability. Bauverlag will notify the customer in good time of any changes to the online shop GTC. If the customer does not object to the validity of the new GTC within eight (8) weeks after notification, the amended GTC shall be deemed accepted by the user. Bauverlag shall inform the customer of his right to object and the significance of the objection period in the notification. Furthermore, Bauverlag reserves the right to terminate the contract if you object to changes to the online shop GTC due to the above-mentioned requirements.

11.3 The place of fulfilment for all services arising from the business relations with Bauverlag and the place of jurisdiction shall be the registered office of Bauverlag, insofar as the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer has no general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction shall remain unaffected by this. The application of the U.N. Convention on Contracts for the International Sale of Goods is excluded.

11.4 The European Commission provides a platform for out-of-court online dispute resolution (so-called ODR platform) under http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure at a consumer dispute resolution center and are generally not prepared to do so.

As of: November 2022

Bauverlag BV GmbH

Friedrich-Ebert-Str. 62

D-33330 Gütersloh

Tel.: 05241 2151 6644

Fax: 05241 2151 1999

E-Mail: info@bauverlag.de

Managing Director: Michael Voss

Commercial Register: HRB 4172, AG Gütersloh

USt.-ID Nr.: DE813382417

Withdrawal Policy for the Online Shops of Bauverlag BV GmbH

Right of Withdrawal for Consumers

If the customer orders a magazine on the website of Bauverlag for a purpose that can be attributed neither to his commercial nor to his professional purpose, he shall be entitled to the following right of withdrawal as a consumer within the meaning of § 13 BGB.

Withdrawal Policy for the Order of Print Products

Right of Withdrawal

You are entitled to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us – Bauverlag BV GmbH, Friedrich-Ebert-Str. 62, 33330 Gütersloh, Tel.: 05241 2151 0, Fax: 05241 2151 1999, E-Mail: info@bauverlag.de – of your decision to withdraw from this contract by sending us a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached template withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the Withdrawal

In the event that you withdraw from this contract, we shall refund all payments that we have received from you, including the shipping costs (with the exception of the additional costs resulting from the fact that you have chosen a type of shipping other than the cheapest standard shipping offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You are obliged to return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

- End of the withdrawal policy for orders of print products -

No Right of Withdrawal

There is no right of withdrawal for contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

Withdrawal Policy for orders of print subscriptions

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

In order to exercise your right of withdrawal, you must inform us - Bauverlag BV GmbH, Friedrich-Ebert-Str. 62, 33330 Gütersloh, Tel.: 05241 2151 0, Fax: 05241 2151 1999,

E-mail: info@bauverlag.de- by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the Withdrawal

In the event that you withdraw from this contract, we shall refund all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You are obliged to return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. We will bear the costs of returning the goods.

- End of the withdrawal policy for the order of print subscriptions –

Withdrawal Policy for the order of digital content

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons.

In order to exercise your right of withdrawal, you must inform us - Bauverlag BV GmbH, Friedrich-Ebert-Str. 62, 33330 Gütersloh, Tel.: 05241 2151 0, Fax: 05241 2151 1999,

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the Withdrawal

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

- End of the withdrawal policy when ordering digital content –

SAMPLE WITHDRAWAL FORM

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

Bauverlag BV GmbH

Friedrich-Ebert-Str. 62

33330 Gütersloh

Fax: 05241 2151 1999,

E-Mail info@bauverlag.de:

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

Product ordered on (date): _________________________________________________

Product received on (date): _________________________________________________

Name(s) of the consumer(s) _________________________________________________

Address of the consumer(s) _________________________________________________

Date __________________

_________________________________________________

Signature of the consumer(s) (only in the case of notification on paper)

(*) Please delete where inapplicable.