Terms and Conditions
I. Scope of Terms and Conditions
1. These Terms and Conditions of hw.design gmbh (hereinafter referred to as “hw.design”) apply to all agreements on the supply of products by hw.design vis-à-vis consumers or companies (hereinafter referred to as “Customer”), whether these products are goods, services or digital content.
2. Any terms and conditions of the Customer that differ from or conflict with these Terms and Conditions will not be recognised unless an express agreement is made to the contrary.
II. Conclusion of the contract
1. The contract shall be concluded as follows: By clicking on “Buy Now” the Customer declares his contractual offer to become binding with the order. Input errors can be corrected before sending the order using the typical correction functions. After hw.design receives the Customer’s offer, the Customer receives an automatically generated email confirming receipt and the details of the order (including the method of payment and, if applicable, shipping costs). This confirmation of receipt does not yet represent acceptance of the offer by hw.design. Acceptance is declared through an explicit order confirmation by email.
2. The text of the contract (including the commencement of the contract in the case of a subscription) is stored by hw.design and sent to the Customer after conclusion of the contract, i.e. on confirmation of the order, by email together with the included Terms and Conditions
III. Right of withdrawal—for consumers only
If you are a consumer, you have a right of withdrawal pursuant to the following provisions; a consumer is any natural person who concludes the contract for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activities.
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 on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good (in the case of a contract for regular delivery of goods during a defined period of time, e.g. a subscription agreement regarding the print edition of the nomad magazine);
- the day of the conclusion of the contract (in case of a contract for the supply of digital content which is not supplied on a tangible medium, e.g. a subscription agreement regarding the provision of access to the digital editions of the nomad magazine);
- the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (in the case of a sales contract regarding goods other than print magazines, unless those print magazines are delivered in subscription format, where (i) applies).
To exercise the right of withdrawal, you must inform us (hw.design gmbh, Türkenstraße 55–57, 80799 München, Germany, telephone: +49 (0)89 20 25 75-0, email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). 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—in case of physical delivery—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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
- regarding the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- regarding the supply of goods made to the Customer’s specifications or clearly personalised.
The right of withdrawal expires prematurely in the case of contracts
- regarding the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer´s prior express consent and his acknowledgment that he thereby loses his right of withdrawal;
- regarding the supply of sealed audio or sealed video recordings or sealed computer software, if the seal is removed after delivery.
IV. Delivery and passing of risk regarding goods
1. hw.design is only responsible for proper delivery of the goods to the transport company and is not responsible for delays caused by the transport company or for the accidental loss of the goods during transit.
2. hw.design shall not be to blame for delays in delivery as a result of force majeure or as a result of other events making it considerably more difficult or impossible to deliver the goods (this particularly includes natural disasters, strike, lockout, official directives, etc.), even when these take place at the suppliers of hw.design or their suppliers and even if binding delivery periods and dates have been individually agreed. Such delays in delivery entitle hw.design to postpone the delivery by the duration of the impediment plus a reasonable start-up period.
3. In the case of a delay in delivery within the meaning of subsection IV. (2) of longer than one month both parties are entitled to withdraw from the contract with regard to the outstanding delivery.
V. Provision of access to digital content, user rights and obligations
1. Digital content is supplied by providing access via the website www.the-nomad-magazine.com. The Customer (hereinafter “User” with regard to access to digital content) must register on the website and may, after registration, access the digital content using his username and password. The User is obliged to keep his access data secret, to store them carefully and not to pass them on to third parties. He shall also inform hw.design immediately if the password has been lost or if he becomes aware that unauthorized third parties have gained knowledge of it. He is liable for any misuse by third parties unless he can prove that he is not at fault for it. A minimum bandwidth of 1,024 kBits/s is recommended for the user's Internet access. The User ensures that he can establish unrestricted internet connections to external servers on his end device (e.g. computer, smartphone, tablet).
2. Availability of digital content. hw.design is not obliged to keep the digital content available without interruption. Due to maintenance and repair work as well as system updates or technical malfunctions that are beyond the control of hw.design, the availability may possibly be restricted. Furthermore, hw.design is entitled to restrict access to the digital content if the security of the network operation, the maintenance of network integrity (in particular the avoidance of serious disruptions to the network, the software or stored data), the interoperability of the services or data protection so require. Finally, hw.design is entitled to change the digital content made available as well as the technical means and functionalities of its provision at any time if this should be necessary for technical, legal or content-related reasons and does not unreasonably restrict the rights of the user.
3. Usage Rights. Access to digital content is personal and restricted to one user. The legitimate User has the non-exclusive right to use the digital content for personal, non-commercial purposes, including the right to forward it to third parties as part of the “share” function provided as part of the service on the website. Any additional use, in particular the unauthorized copying, distribution or making available to the public via the Internet, be it free of charge or in return for payment, is not permitted. The same applies to the removal of copyright information and/or references to sources. The usage right is non-transferable and non-sub-licensable and subject to full payment. Uses that are legally permitted under the Copyright Act are not restricted and remain in full force.
VI. Prices and payments
1. Prices can be found on the website www.the-nomad-magazine.com and are gross prices in euro (€), i.e. where relevant for the respective delivery/service, including the statutory value added tax (VAT), but in each case plus the shipping costs, if applicable.
2. Prices for subscriptions are due for payment at the beginning of the respective term, i.e. the full price for a one-year subscription is due for payment at the beginning of the first contractual year and the full price for a two-year subscription is due for payment at the beginning of the first contractual year. If a subscription is not terminated and is therefore renewed for a further year, the respective price for the next year is due for payment at the beginning of that year.
3. Prices for other goods are payable within two weeks after receipt of the invoice. By providing an email address when ordering, the customer declares that he or she agrees that the invoice will be sent to the email address given to him/her. If an email address is not given or is incorrectly given, or if delivery by email is not possible for technical reasons, the invoice will be sent by post.
4. The Customer shall then default on payment at the latest if he fails to make payment within 30 days after the due date and receipt of an invoice or an equivalent request for payment.
5. The available payment methods can be found on the website www.the-nomad-magazine.com.
6. In respect of ongoing subscription agreements, hw.design is entitled to adjust prices to changing market conditions, substantial changes in procurement costs and changes to value added tax a maximum of every two years at the beginning of each new contractual year by giving two months’ advance written notice. The Customer may terminate the contract with due notice should price increases significantly exceed the periodic rise in the cost of living. This will be communicated to the Customer by hw.design in writing together with the price increase.
1. Sometimes we issue promotional codes and similar gift certificates (hereinafter “Promotional Codes”) that, when redeemed at checkout, provide a discount towards a purchase on the site.
2. These Promotional Codes have no monetary value, are non-transferrable, cannot be converted into currency and can only be used by the intended recipient. We reserve the right to cancel a promotion action and/or to reject the redemption of a Promotional Code when the total value of the Promotional Code exceeds the price of the product for which the Promotional Code has been used.
3. Promotional Codes can only be used for full-priced products and are limited to one per transaction. They cannot be used in conjunction with any other promotion, offer or discount. Minimum spends may be required but these will be communicated via the website or correspondence.
4. Promotional Codes do not cover the costs of any shipping, duties and/or regional taxes, where applicable.
5. All Promotional Codes have an expiry date that will be stated at the time of promotion or on accompanying promotional materials, which cannot be modified. Again, this will be stipulated at the time of promotion and on accompanying promotional materials.
6. Any promotions and competitions we run may also be subject to additional specific terms and conditions which will be communicated directly to the Customer, the Customer must abide with and which are hereby incorporated.
VIII. Retention of title
1. hw.design shall retain ownership of physical goods delivered (print or other) until they have been paid for in full.
2. If resale to third parties is part of the Customer’s usual business, he is entitled to resell the goods supplied in the ordinary course of business. The Customer shall herewith already assign to hw.design all the claims and rights to compensation to which he is entitled regarding the reserved goods to the extent of the invoice value of the reserved goods in the event of a resale. hw.design hereby accepts the assignment. The Customer is authorised to effect collection as long as he duly fulfils his payment obligations and does not default on payment.
IX. Contract term / termination in case of continuing obligations
1. In the event of conclusion of an open-ended subscription, the one-year subscription shall initially run for at least 1 (one) year and the two-year subscription initially for 2 (two) years. If the respective subscription is not terminated with a notice period of 1 (one) month effective at the end of the respective contractual term, it shall be extended by 1 (one) year.
2. If a subscription agreement is concluded starting from the current issue, the date when this issue first appears shall be simulated retroactively as the start of the agreement.
3. The right to termination for good cause remains unaffected. For hw.design good cause shall be, in particular,
- if the Customer violates the User obligations (see Section V. above),
- if the Customer discontinues his payments and/or is in arrears on payment of the remuneration or a not insignificant part thereof for three consecutive months.
4. Termination must be in writing (including email).
1. The statutory provisions shall apply to the rights of the Customer in case of defects of quality and title of product or service and/or lack of conformity of digital content unless otherwise stipulated below.
2. If the Customer is an entrepreneur, hw.design is entitled in case of justified complaints to choose whether to carry out subsequent performance through removal of the defect (rectification of defects) or deliver a new item (replacement delivery).
3. Provided the Customer is an entrepreneur, the warranty period for defects shall be one year.
XI. Limitation of Liability
1. hw.design shall be liable without restriction for any damage it causes intentionally or as a result of gross negligence.
2. Otherwise, hw.design shall only be liable if he has breached an essential contractual obligation (cardinal obligation). In these cases liability is limited to compensation of the foreseeable, typically occurring damage. Essential contractual obligations are obligations, the fulfillment of which allows the contract to even be duly implemented at all and on the observation of which the Customer can regularly rely.
3. The aforementioned exclusion/restriction of liability does not apply if claims due to loss of life, personal injury or illness or under the Product Liability Act are affected, a defect has been fraudulently concealed, or a guarantee of quality has been assumed.
4. The exclusion/restriction of liability also applies to claims of the Customer vis-à-vis the legal representatives and vicarious agents of hw.design.
XII. Transfer of contract
hw.design is entitled to transfer the rights and obligations arising from this contract in whole or in part to one or more third parties (transfer of contract). The Customer hereby already agrees to the transfer. In the event of the transfer of contract, the Customer does however have the right to terminate the extent of the transferred contract without notice.
XIII. Changes to the general Terms and Conditions
1. hw.design reserves the right to amend these Terms and Conditions in accordance with the following provisions.
2. The reservation applies to changes which only affect the general conditions of the contract (such as the amendment of contact information or the inclusion of additional services), in the event of new technical developments or for any other equivalent reasons. The same applies if there is a change in the statutory provisions or supreme court practice if one or more clauses of these Terms and Conditions are affected by the change. In this case the terms and conditions affected shall be adjusted in such a way that they comply with the purpose of the amended legislation.
3. In the event of a change to these Terms and Conditions hw.design shall send the Customer the new version of the Terms and Conditions in good time before the changes take effect and highlight the changes. Provided the Customer does not consent to the use of the newly formulated provisions within six (6) weeks of receiving this information, despite hw.design having expressly pointed out to him the meaning of the changes and the consequences of not consenting, hw.design shall have the right to terminate this contract with a term of four (4) weeks.
XIV Final provisions
1. German law shall apply exclusively with the exception of legal provisions that refer to the legislation of another country and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. If the Customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract is Munich. The same applies if the Customer does not have a general place of jurisdiction in Germany or the domicile or habitual place of abode is not known at the time of the institution of legal proceedings.