General Terms and Conditions (T&C)

Effective as of August 1, 2025 (to the old status for the transition period)

General Terms and Conditions for the legal transactions of

PONS Langenscheidt GmbH,
Stöckachstraße 11, 70190 Stuttgart
Phone: 0711-89462111
E-mail: kundenservice@pons.de
are as follows:

1. General Provisions and Scope of Services

1.1. Products and Services

PONS Langenscheidt GmbH (hereinafter referred to as the "Provider" or "we") offers a range of digital products, including digital content and digital services, as well as physical products such as books, workbooks, other printed media, vocabulary trainer box, CD-ROM, on the websites www.pons.com, www.klett-lerntraining.de, and www.langenscheidt.com. These products are available in our online shop. Additionally, further digital products are available as "apps" through the app stores of Apple (App Store) and Google (Google Play).http://www.pons.com/

1.2 Definition of Terms

1.​​2.​​1.​​ For the purposes of these General Terms and Conditions, "consumer" is defined as any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activities (§ 13 BGB, German Civil Code).​​

1.​2.​2.​ For the purposes of these General Terms and Conditions, "entrepreneur" is defined as a natural or legal person or a partnership with legal capacity that, in concluding a legal transaction, is acting in the exercise of their commercial or self-employed professional activities (§ 14 BGB, German Civil Code).​

1.2.3. For the purposes of these General Terms and Conditions, "customer" is defined as a natural or legal person or partnership with legal capacity that enters into a contract with the Provider for the acquisition and/or use of physical or digital products.

1.2.4. For the purposes of these General Terms and Conditions, "user" is defined as a natural person who uses the products acquired by the customer and derives their entitlement from the customer. In the case of certain products and services, a customer, who is a legal person or a partnership with legal capacity, may acquire licenses for multiple users.

1.​3.​ Validity

1.3.1. The present General Terms and Conditions in their version valid at the time of the conclusion of the contract shall apply to all contracts concluded between the Provider and the customer via the aforementioned websites for the delivery or use of physical and digital products and digital services.

1.3.2. The Provider does not recognize any general terms and conditions that deviate from these terms and conditions, unless expressly agreed to by the Provider. Any individually agreed services take precedence over the provisions of these General Terms and Conditions.

1.​​​3.​​​3.​​​ With regard to physical products, these General Terms and Conditions do not apply to commercial resellers.​

1.3.4. For products that are linked with a redirection to a partner shop, these General Terms and Conditions do not apply. For these products, the terms and conditions specified on the website of the respective partner company apply.

1.4. Copyright, Grant of Rights of Use

1.4.1. The rights of the copyright holder, the proprietary rights, and any other rights of third parties to which the Provider grants access remain the exclusive property of the rights holder and are accordingly protected. The use of the content and data (including, but not limited to, text, images, graphics, audio, video, and animation files) contained on the Provider's websites requires an explicit agreement with the Provider. Otherwise, the implementation of this content and data on third-party websites is strictly prohibited. Any misuse will be subject to criminal and civil prosecution.

1.4.2. The Provider grants the customer a non-exclusive and non-transferable right to use the content provided during the term of the contract in accordance with its intended purpose. The customer is permitted to make individual copies of the content available on the Provider’s websites for private, non-commercial purposes, including downloading and printing.

1.4.3. Customers are not permitted to remove any proprietary rights notices (such as copyright notices, serial numbers, watermarks, and other product information, where applicable) from the downloaded content.

1.4.4. Customers are not permitted to make the purchased content, such as vocabulary lessons or subscribed digital dictionaries, publicly accessible, either individually or in part, or in conjunction with other content. This requires an explicit agreement with the Provider.

1.4.5. The Provider strives to ensure the up-to-date and error-free nature of the content on the websites, in digital products, and services. Nevertheless, the Provider cannot guarantee the up-to-date and error-free nature of the content.

1.4.6. The Provider reserves the right to modify the content and structure of the websites, and the physical and digital products and services offered on them at any time, provided that this does not impair their intended functionality and does not restrict existing features. This also includes the discontinuation of certain offers and services. The previous use of free products and services does not give rise to any claims on the part of the customer.

1.4.7. Customers do not acquire any rights to the content provided beyond the scope of the usage rights granted in these General Terms and Conditions. Any further rights must be obtained in writing from the Provider.

1.5. The Use of Artificial Intelligence (AI)

1.5.1. The Provider utilizes artificial intelligence (AI) in the provision of certain digital services. The output of AI-generated content, such as translation results, is fully or partially automated and not subject to editorial review. The Provider emphasizes that content generated or processed by AI may not necessarily be error-free, complete, or suitable for a specific purpose. The Provider does not conduct a legal or factual review of the generated results. It is the responsibility of the customer to review the output and assess its suitability for their intended purpose.

1.5.2. The Provider's applications that incorporate AI are not intended to process sensitive or personal data. If the customer wishes to process such data within the application, it is their responsibility to ensure compliance with the relevant legal requirements.

1.5.3. In accordance with the legal requirements (in particular the GDPR and the AI Act), the Provider is entitled to use the inputs made in the free variants for the continuous improvement of the quality of its AI applications.

1.​5.​4.​ The separate labelling of AI-generated content is only required if the content is subject to mandatory labelling under applicable law or if it is foreseeable at the time of service provision that a mandatory labelling requirement will be imposed in the near future (e.​g.​, due to provisions in the AI Act).​ The same applies to notifications regarding the use of artificial intelligence in the creation of specific work results.​

1.6. Amendments to the General Terms and Conditions

1.6.1. The Provider is entitled to modify these General Terms and Conditions for materially justified reasons (e.g., changes in case law, legislation, market conditions, or corporate strategy) and in compliance with a reasonable notice period. Existing customers will be notified of such changes via email at least two weeks prior to their effective date. If the existing customer does not object within the timeframe specified in the notification, their consent to the changes will be deemed granted. If they object, the changes will not take effect; in this case, the Provider is entitled to terminate the contract with immediate effect at the time the changes take effect. The notification will include information on the intended changes to these General Terms and Conditions, the notice period, and the consequences of objection or non-objection.

1.6.2. Any objections raised by customers to the amendments to these General Terms and Conditions should be addressed to:

  • via mail: PONS Langenscheidt GmbH, Stöckachstraße 11, 70190 Stuttgart, Germany
  • via email: kundenservice@pons.de

1.7. Minimum Age

Subject to any contrary provisions, the minimum age for entering into a contract is 18 years. If the customer is not yet of legal age, the consent of the legal guardian (e.g., parents) is required.
 

2. Obligations of the Customer

2.​1.​ General

The customer is obligated to ensure that the data provided during the registration process is always up-to-date and to refrain from any actions that violate these General Terms and Conditions or applicable law. The customer is specifically obligated to settle the Provider’s payment claims in a timely manner. The customer is also responsible for ensuring that his account is used only by himself. He is responsible for maintaining the confidentiality of his access data and the data he has provided, and for ensuring that third parties do not have access to his data. If the customer culpably breaches this obligation, they shall be held responsible for any resulting damages. Customers are required to promptly notify the Provider if they have reasonable grounds to suspect that their access data has been misused.

2.​2. ​Registration

2.2.1. The use of our websites, including the online shop and most of our digital products and services, is possible without registration, unless otherwise specified in the respective product description and these General Terms and Conditions. However, registration is required for the full use of additional functions or the acquisition of additional paid services. During the registration process, customers must provide their email address and a self-selected password. The email address and password will then enable customers to access their data at any time by logging in on one of our websites, allowing them to view or modify their data. In addition, a self-selected customer name can be assigned for some digital products. The registrant is obligated to provide truthful information.

2.2.2. The registrant is obligated to maintain the email address and password (access data) with the utmost care, ensuring that they are not lost and that third parties do not gain access to them. In the event of a reasonable suspicion of misuse of access data, the customer is required to promptly notify the Provider. In the event of misuse, the Provider reserves the right to block access to the online shop or digital products and services.

2.3. Data Backup

Notwithstanding the Provider's obligation to maintain data security, the customer is responsible for the input, maintenance, and backup of the data and information required for the use of the digital products. In the event of data loss within the application, for which the Provider is responsible, the Provider's liability is limited to the costs of restoration and backup for those data that would also have been lost in the event of a properly executed data backup by the customer. Insufficient data protection may result in the customer being held partially responsible in accordance with Section 254 BGB, German Civil Code. The provisions under the heading “Liability” remain unaffected by the present paragraph.

2.4 Prohibited Customer Activities

2.4.1. Any activities by customers that are designed to render the online shops, website, digital products, or services of the Provider, or the content and services offered therein, inoperable or to at least make their use more difficult, are prohibited and will be subject to civil and criminal prosecution. In particular, measures that may affect the physical and logical structure of one or more services of the Provider or parts thereof are prohibited.

2.4.2. In the event of a breach of the aforementioned obligations, customers may be held liable for damages. The Provider reserves the right to temporarily or permanently suspend a customer's account in the event of a breach.
  

3. Physical Products

3.​1.​ ​ Conclusion of Contract

3.1.1. The offerings of physical products in the online shop represent a non-binding invitation by the Provider to the online shop visitors to submit an offer for the acquisition of the goods offered in the online shop.

3.1.2. The order of the goods is placed through the Provider’s online order form. By clicking the “Add to Cart” button, customers can place the product in a virtual shopping cart. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the “Order Now” or “Order with Payment” button at the end of the checkout page. By placing the order, the customer makes a binding offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance is confirmed in writing or in text form (e.g., by email) and the order confirmation is sent to the customer, or the Provider delivers the ordered goods and the goods are sent to the customer, or the Provider requests payment (e.g., by invoice or credit card payment in the ordering process) and the payment request is sent to the customer. The time of the contract conclusion is determined by the first occurrence of one of the alternatives mentioned in the preceding sentence.

3.1.3. Prior to the binding submission of the order via the online order form of the Provider, the customer can review their input and correct it at any time using the standard keyboard, mouse, touch, or other available input functions. Additionally, all inputs are displayed in a confirmation window prior to the binding submission of the order, and can also be corrected using the standard keyboard, mouse, touch, or other available input functions.

3.1.4. The Provider shall transmit the contract text to the customer in text form (e.g., by email) after the conclusion of the contract. The Provider shall not store or make the contract text available in any other way. If the purchase is made through a customer account in the online shop, the customer may view their orders and the associated order data there.

3.1.5. For the conclusion of the contract, the following languages are available: German and English.

3.2. Publisher delivery

Contracts for the delivery of physical items, such as books, workbooks, other printed materials, vocabulary trainer box, and CD-ROM, are processed for the Provider through our publishing distributors, Stuttgarter Verlagskontor SVK GmbH, located at Rotebühlstraße 77, 70178 Stuttgart, Germany, Balmer Bücherdienst AG, located at Kobiboden 3, 8840 Einsiedeln, Switzerland, and Mohr Morawa Buchvertrieb GmbH, located at Sulzengasse 2, 1230 Wien, Austria. For this purpose, we transfer our products to the publishing distributors prior to delivery. The aforementioned publishing distributors are responsible for the shipping of the goods and, as such, they issue invoices in their own name.

For any questions regarding the order, please contact:

Stuttgarter Verlagskontor SVK GmbH
Rotebühlstraße 77
70178 Stuttgart
Germany
Telephone: +49 (711) 6672 1100, fax: +49 (711) 6672 988 090 009 11
Email: pons@svk-service.de

For orders from Switzerland, please contact:

Balmer Bücherdienst AG
Kobiboden 3
CH-8840 Einsiedeln
Switzerland
Telephone: +41 (0) 55 418 89 89, fax: +41 (0) 55 418 89 19
Email: info@balmer-bd.ch

For orders from Austria, please contact:

Mohr Morawa Buchvertrieb GmbH
Abt. “Wollzeilenverlag”
Sulzengasse 2
1230 Vienna
Austria
Telephone: +43 (1) 680 14 122
Email: order@wollzeilenverlag.at
   

4. Delivery and Reservation of Self-supply

4.1. Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

4.2. If the Provider is unable to deliver the ordered goods due to a lack of supply from a reliable supplier, despite having entered into a corresponding hedging transaction in a timely manner, the Provider shall be released from its performance obligations and may withdraw from the contract. The Provider is obligated to promptly inform the customer of any impossibility to fulfil the service. The contractual partner shall be promptly reimbursed for any considerations already provided. The present provision does not affect any mandatory consumer rights.
  

5. Warranty

The statutory warranty provisions shall apply.​ All claims for defects are subject to a limitation period of two years from the date of delivery of the goods.​ In cases where the customer is an entrepreneur, the statute of limitations is twelve months, deviating from sentence 2.​
  

6. Special provisions for digital products

6.1. General Information on Digital Products

The Provider offers a range of digital products, including digital content and digital services, which are accessible via the websites www.pons.com, www.klett-lerntraining.de, and www.langenscheidt.com, as well as through mobile devices via the Apple and Google app stores (iTunes® and Google Play®). In addition to the services offered on our websites, we also provide digital products such as learning portals, downloads, additional content for specific titles, worksheets, educational videos, and other displayed content. For all digital products, the respective product description displayed during the ordering process (in particular, the specific price and, if applicable, the terms of the contract, including the term, termination, and any minimum contract term) shall apply in addition to the provisions of these General Terms and Conditions. In addition, please note the regulations regarding the right of withdrawal in Section 7.3.http://www.pons.com/http://www.klett-lerntraining.de/http://www.langenscheidt.com/

6.1.1. The Accessibility of Digital Products and Services, Mitigation

The Provider aims to achieve an average availability of its services of 98% per calendar year. The availability is calculated using the following formula: Availability = (Total time - Total downtime) / Total time * 100%. The following periods are not considered in the calculation of the total downtime:

(a) Periods of unavailability that are due to disruptions on the internet that are beyond the Provider's control or other circumstances that are not attributable to the Provider, particularly force majeure (e.g., strikes, lockouts, natural disasters, fires, or terrorism).

(b) Times of unavailability due to planned, previously announced maintenance work on individual or all services, which are carried out from time to time between 6:00 and 8:00 a.m.;

(c) Times due to unavoidable, unscheduled work required to rectify technical issues (users will be informed of such instances, where possible, through a notification on the website of the relevant service).

(d) The service may be unavailable due to technical requirements that must be met by the customer to access the service, such as hardware malfunctions.

(e) In the event that the Provider offers free products and services, these may be discontinued or made subject to a fee at any time, upon prior notification. Customers shall not be entitled to any rights, particularly no claim for damages, arising from the provision of free services and benefits in this case. The Provider will communicate these changes in a timely manner, to the extent possible.

6.​1.​2.​ Term and Termination of Subscription Contracts

The term and termination options for subscriptions to digital products are governed by the respective terms and conditions of sale, which are displayed to the customer during the ordering process and become an integral part of the contract.

6.1.3. Termination of contract without notice for a material reason

Both the Provider and the subscriber have the right to terminate the contract at any time for a significant reason.

A material breach of the contract by the other party, which is not remedied within 30 days of receiving written notification, is considered a significant reason for termination. In the event that the contractual partner is an entrepreneur, a material reason exists if the other party ceases its business operations or if an insolvency petition is filed against it. A significant reason for the Provider to take action is when it is reasonable to assume that the services are being misused or used in a manner that is contrary to the terms of the contract.

6.​1.​4.​ Blocking Access

In the event of a material reason, the Provider is furthermore entitled to suspend the customer's access privileges or restrict the services, particularly to prevent any further misuse or breach of contract.

6.1.5. Updates for Digital Products

(a) Subject to any contrary agreement, the Provider shall provide the customer with functionality-preserving updates and necessary security updates for digital products within the meaning of the German Civil Code (BGB).

(b) The customer will be informed about the availability of updates and, if necessary, their proper installation. It is the responsibility of the customer to ensure that the updates are installed correctly, in accordance with the installation instructions provided.

6.1.6. Price Adjustments

(a) The Provider is entitled, at its reasonable discretion, to make price adjustments to cover changes in the total costs incurred by the Provider for the provision of the service, to a reasonable extent.​ Such changes in the total cost may result from the increased cost of individual elements or components (cost elements) that are necessary for the provision of services.​

(b) The following cost elements have a significant impact on the overall cost structure: costs associated with the technical provision of the service (e.​g.​, hosting), maintenance of the service, production and licensing costs, general operating and administrative costs (e.​g.​, payment processing, debt collection, rental and space costs, energy costs), hardware (servers, IT systems), personnel costs (e.​g.​, salary increases, collective bargaining agreements, minimum wage adjustments), costs related to external service providers (e.​g.​, call centres, IT support, hosting providers), and cost-relevant legislative changes (e.g., increases in taxes, tariffs, and fees).​

(c) Existing customers will be informed about the price change via email at the latest one month before the price change takes effect.​ Unless the existing customer objects to the change within the timeframe specified in the notification of change, their consent to the change is deemed to be granted.​ The notification regarding the intended price adjustment will highlight the deadline and the consequences of filing an objection or failing to do so.​

(d) In the event that the existing customer does not agree with the price adjustment, they may terminate the contract with immediate effect at the time the price adjustment takes effect. The present price adjustment clause applies only to indefinite or fixed-term contracts with a minimum term of 4 months.

6.1.7. Data Processing by Customers

The customer is obligated to comply with all applicable legal regulations regarding the collection, processing, and use of data that is transmitted to the Provider and processed by the Provider in connection with the digital products in accordance with this agreement. In particular, the customer is required to promptly enter into a data processing agreement with the Provider (as provided by the Provider) if the customer intends to transmit personal data to the Provider in the course of using the services. The customer guarantees that they will not collect, process, or use any personal data in connection with the use of the services without the explicit consent of the affected individual or any other legal basis.

6.1.8. Liability

The customer shall indemnify the Provider against all claims of third parties, including the necessary costs for legal defence, which are asserted against the customer due to a culpable breach of this agreement. In the event that a third party asserts any such claims against the Provider, the Provider shall promptly inform the customer of the asserted claims and, at the customer’s discretion, either defend the claims or cooperate with the customer in the defence of the claims. The service Provider shall not fulfil or acknowledge any claims of third parties without the prior consent of the customer, provided that the customer’s consent is not unreasonably withheld or delayed. The Provider is entitled to request a reasonable advance payment for the anticipated costs of legal defence. The exemption applies accordingly to fines or other administrative or judicial orders and claims.
 

6.​​2.​​ Langenscheidt Online Dictionary (OWB)

This section outlines the terms and conditions under which customers are permitted to use a dictionary or dictionary package in the Langenscheidt Online Dictionary (OWB) for the benefit of one or more additional users. There are various options for the paid use of the OWB under a time-limited subscription (hereinafter referred to as "paid subscriptions"). The offer can be accessed via the following link: https://www.langenscheidt.com/b2b/online-woerterbuch.The registration of an IP range or named user account, or a test account, is not conducted through the website and is regulated separately and individually.


6.2.1. Conclusion of a Named-User-Subscription by a Consumer or an Entrepreneur

The Named-User-Subscription comprises two components: (1) the subscribed dictionary or dictionary package, and (2) the maximum number of additional users (Named-User) that can be registered for the subscription. In the Named-User-Subscription, all users are known to the Provider and must register through the website. Upon the conclusion of a Named-User subscription, the customer may invite additional users to utilize the OWB via the administrative interface of the OWB, unless they have subscribed to the Named-User-Subscription by redeeming an access code. The maximum number of additional users is determined by the respective scope of services included in the selected subscription.

Customers can directly create additional users through the administrative interface of the OWB. In this case, the password for the additional users is assigned by the person who invited them. These users can change their passwords later through the OWB administrative interface.

6.2.2. Subscription of an IP range by an Entrepreneur

As part of the IP range subscription, subscribers (e.g., a company) inform the Provider of the IP range for which they wish to activate the subscription. Access is granted to all customers' users who access the OWB from a workstation within this IP range. The IP Range model is exclusively available to entrepreneurs or other legal persons; private individuals are not eligible to purchase this model.

The right of use is granted for the number of users specified in the respective offer. An increase in the number of users is possible upon prior written consent from the Provider, subject to a corresponding increase in the subscription fees. A reduction in the number of users is possible for the first time after the end of the agreed-upon subscription period. For further information on the offerings, please visit https://www.langenscheidt.com/b2b/online-woerterbuch.https://www.langenscheidt.com/b2b/online-woerterbuch

The usage is limited to a maximum of 3 parallel HTTP sessions per customer, unless otherwise specified in the context of an IP range subscription.

6.​2.​3.​ Redemption of an Access Code

Some purchasers of physical products (e.g., dictionaries) from the Langenscheidt brand are provided with an access code upon purchase, which grants them access to specific sections of the OWB. Customers who wish to activate an access code for the OWB must register on the website with their access data and a self-selected password. Following successful registration and the entry of the access code on the website, customers are granted access to the functions defined by OWB. This access is limited to the Named-User-Subscription, which is personal to the customer and time-limited to the period specified in the print product, from the date of code redemption on the website. It does not automatically extend; a regular termination is therefore excluded.

6.2.4. Free Trial Access

In addition to the aforementioned paid options, we offer complimentary, time-limited test access to the OWB as part of our marketing efforts. Following successful registration for a test access, the free use of the OWB is available for the period agreed upon in each individual case.

6.2.5. Contractual Parties

The closed usage agreement for one of the paid subscriptions (the "subscription agreement") is binding for the Provider and the customers ("customers" or "subscribers"). In the event that a user of the customer registers on behalf of or in the interest of their company or another legal entity, they hereby declare that they have the necessary authorization to enter into this contractual relationship on behalf of their company or another legal entity. In this case, the company or legal entity becomes the provider's contractual partner.

6.2.6. Age of Customers

Individuals who subscribe to a paid subscription must confirm that they are at least 18 years old and legally competent. To use a test access, the customer must be at least 14 years old and act with the consent of their legal guardian.

6.2.7. Terms of Use

Subscribers to an IP range subscription as per Section 6.2.1 or a Named-User-Subscription as per Section 6.2.3, which allows access for more than one additional user, are obligated and, by entering into the contract, confirm that they will impose the same terms and conditions regarding the use of the OWB on their internal users (e.g., employees) as set forth in these General Terms and Conditions. The customer is liable for any misuse of the service that can be attributed to them, in accordance with the applicable legal provisions. The Provider reserves the right to immediately suspend an IP range subscription or a Named-User-Subscription that allows access for more than one user of the customer, if internal users repeatedly violate the terms of this agreement or otherwise breach the agreement and fail to rectify the breach or repeat the violation despite a reasonable notice period.

In the event that this applies, the Provider will comply with the obligations set forth in the Digital Service Act (DAS), Article 14, Paragraph 1, and will take moderating action in the event of any infringements.

6.2.8. Subscription Fees

The subscription fees for the OWB are due at the commencement of the respective subscription period. The specific details regarding subscription fees and payment terms are outlined in the respective offer.

6.2.9. Payments Due

The Provider may suspend the services or terminate the contract without notice if the fees have not been paid within 30 days of the due date.

6.2.10. Pricing

The Provider reserves the right to modify the parameters that determine the price for the agreed-upon use of the OWB in the future (price per dictionary or dictionary package, number of sessions, number of users in the package). The Provider must inform the subscriber of this change at the latest 45 days prior to the next contract renewal for monthly subscriptions and at the latest 3 months prior to the next contract renewal for annual subscriptions, specifying the reason and scope of the change.

6.2.11. Contract Term

(a) The term of the contract is dependent on the specific contract type (e.g., Named-User-Subscription, test access). Unless otherwise specified in the respective product description, the minimum subscription period is 12 months. The duration of a contract concluded through this website is displayed prior to the conclusion of the contract or communicated in writing or by email in the corresponding offer.

(b) The subscription agreement of a consumer will end after the minimum subscription period has expired, without the need for a formal notice of termination.

(c) Subscription agreements with companies can be terminated by both parties in writing, with a notice period of up to three months prior to the expiration of the minimum subscription term. If the subscription is not terminated in a timely manner, it will automatically be extended for an additional 12 months.
  

6.3. School Dictionary App

The Provider offers digital content under the brand names "PONS" and "Langenscheidt" as a subscription service, which is delivered to customers via electronic data transmission. This offer is primarily intended for educational institutions. In addition, certain print products from PONS Langenscheidt are accompanied by a code that, upon activation, allows the purchaser to access compatible dictionaries in the School Dictionary App for a specified period.

6.3.1. Ordering Process for Schools and Institutions

During the ordering process for the School Dictionary App, the desired number of licenses will be transmitted to the Provider. Following the receipt of the order, the school or institution will be provided with a confirmation of the order, access to the ordered number of licenses, and an invoice. The current prices for school licenses are available at https://de.pons.com/p/worterbuch-app.https://de.pons.com/p/worterbuch-app

6.3.2. Conclusion of a Subscription

The binding order is made by email, e.g. to schule@pons.de or schule@langenscheidt.com, stating the desired number of licenses, or by sending the completed order form. This order constitutes the conclusion of a license subscription. Following the successful transfer and activation of the ordered licenses to the school's customer account, the invoice will be issued. To create a customer account, registration on the Provider's website is required. The information required for the creation of a customer account includes an email address and a password.

6.3.3. Access to the Ordered Content via the App

Upon logging in with the customer account data in the app, which is available for free download from the app stores (Apple, Google), the acquired dictionary licenses are available for download in the app for offline use.

6.3.4. Subscription term

Following activation, the licenses are valid for a term of 12 months. Following the initial 12-month period, the license subscription will automatically be extended for an additional 12 months. The schools and institutions have the option to terminate the subscription with a notice period of one month at the end of the subscription term or to adjust the license count for the following year.

6.3.5. Changes to an Ongoing Subscription

During the subscription term, schools and institutions have the option to increase the number of licenses. The additional licenses will be calculated proportionally at the end of the existing main contract. It is not possible to reduce the license quantity set for the current subscription period within the same year.
 

6.4. The PONS Vocabulary Trainer App and Web Version

The PONS Vocabulary Trainer, a software application designed for practicing and reviewing vocabulary in various languages, is available in app versions through the Google and Apple app stores, as well as a web version accessible through the website www.pons.com. The basic functionality of the vocabulary trainer is available for free and can be used after registration.http://www.pons.com/

6.4.1. Paid Additional Packages with a Fee

In addition to the free software, the mobile apps offer paid supplementary packages with vocabulary for various languages and learning levels. The purchase is facilitated through the Google and Apple app stores. The content is unlocked in the customer's user account and is available on any device that is used to access the Vocabulary Trainer. The use of the content is limited to personal use within the respective user account and can be shared with family members on additional mobile devices through the family sharing feature, if available.

6.​4.​2.​ Term of Paid Additional Packages

The time-limited availability of the paid additional packages is not applicable; however, we reserve the right to make technical changes to the product, discontinue the service, or cease support for future or outdated operating systems.
  

6.​5.​ PONS Translate, PONS Translator App and Access to Online Dictionaries

The translation service offered by the Provider enables the translation of words via the PONS Online Dictionary, as well as the translation of texts and documents using machine translation, available on www.pons.com. In addition, a complimentary Langenscheidt online dictionary is available at https://de.langenscheidt.com/. Access to the word and text translation features is also available through the PONS Translator App, which can be downloaded and installed from the Google and Apple app stores on mobile devices. The PONS Online Dictionary and the Langenscheidt Online Dictionary utilize different underlying dictionaries as their sources.http://www.pons.com/https://de.langenscheidt.com/

6.5.1. Subject Matter of the Contract

In accordance with these General Terms and Conditions and the service description associated with the product, the Provider grants customers access to the subscribed services for the duration of the agreement upon the purchase of a subscription, as described on www.pons.com.http://www.pons.com/

In the context of the various fee-based offerings, customers are required to pay the agreed-upon compensation, as specified in the purchase process or the order form.

6.5.2. Services and Offerings

The Provider grants customers access to the subscribed services during the term and within the scope of the agreement, including the service description. The various services, terms, and prices are described in the service descriptions for the subscriptions of PONS Pur, PONS Translate Pro, PONS Translate Business, Translate API, and the PONS Translator app. Unless otherwise agreed upon within the subscription options, the acquisition of a single subscription to PONS Pur, PONS Translate Pro, or PONS Translate Business entitles the customer to use the service by a single user. It is strictly prohibited to share access or to use a single subscription by multiple users.

In addition, the Provider offers a specific subscription for businesses, which includes customized additional services and a dedicated user interface (PONS Translate Enterprise). PONS Translate Enterprise is not accessible through the pons.com website. Individual offers and access are exclusively available through the Provider team.https://outlook.office365.com/owa/calendar/Translation@ponsklett.onmicrosoft.com/bookings/

6.5.3. PONS Translate Pro and PONS Translate Business

In the context of text and document translation, the Provider stores content or processed content for individual customers on its servers only temporarily, as required by technical necessity for the provision of the service, in the case of PONS Translate Pro and PONS Translate Business services. Further storage will only take place at the customer's request, for example, through the use of the "stored translations" function by the customer. The Provider is, however, entitled to create and store access logs for billing, security, and statistical purposes. The access logs do not contain any content or processed content, but may include metadata from API requests, such as the time of the request and the size of the transferred content.

The Provider shall only access content and/or processed content if it is necessary to rectify technical errors and the customer has given their consent. Alternatively, customers may provide the Provider with sample documents that document or reproduce the error, to facilitate the resolution of the issue.

6.5.4. PONS Translate Enterprise

As part of a corporate subscription (PONS Translate Enterprise), the company is granted access to an interface, which can be shared with a defined number of users within the company, in accordance with the product description. The company reserves the right to grant access to the functions via the interface of the subscribed translation service to additional internal users at its sole discretion. The company shall be fully responsible for the use of the services by additional internal users and shall ensure that they are aware of and comply with all the terms and conditions specified herein for digital products and digital services. The company is obligated to promptly notify the Provider of any suspected or actual breaches of these General Terms and Conditions and to cooperate with the Provider in the investigation of such breaches and in all measures to enforce the terms. Further details are governed by a data processing agreement between the company and the Provider.

Users of the company can save translations and share them with other users within the company via the individual interface (in contrast to the provisions of Section 6.5.3 for individual subscriptions). Additionally, company-specific glossaries can be created and shared. The data is stored in secure areas on the Provider's servers. The Provider is obligated, in accordance with the data processing agreement, to maintain the confidentiality of all customer data and documents and to protect them from unauthorized access outside the company. The company is solely responsible for the storage, sharing, and deletion of the generated translation.

6.5.5. Translate-API for Text Translation

The Provider also offers companies the use of machine translation via an API on a subscription basis. For this purpose, the Provider provides the customer with the necessary access data.

The Provider grants a non-exclusive, non-transferable right and license to use the API for the sole and limited purpose of using the PONS text or document translation for the subscribing company's website or other application. The API enables the company to utilize the technical infrastructure of the Provider for machine translation by transferring text content to this infrastructure. The Provider processes the content in accordance with these General Terms and Conditions, the service description, and the documentation of the API service. The Provider cannot, however, guarantee the accuracy or precision of the API responses or the processed text content. The Provider specifically disclaims any responsibility for the accuracy of the content generated by the machine translation.

6.5.6 Complimentary Use

The Provider’s free online dictionaries and the free version of PONS Translate are available for both private and business use without any additional fees.​ It is strictly prohibited to transfer the services to a third party for a fee.​ The Provider reserves the right to modify the free features at any time and at its sole discretion, whether by reduction, limitation, or expansion.​ These changes do not affect the validity of these terms of use.​ The use of internal APIs without the Provider’s written authorization is strictly prohibited.​

The texts and documents submitted by users for translation are transmitted to our server. This is a prerequisite for the provision of the free service. The machine-generated translations in the free version are processed by the Provider for a limited period to generate the translation, as well as to train the underlying models and thereby improve the quality of the translation. These General Terms and Conditions apply to the texts submitted by the user for translation.

The free service is not intended for the translation of data that contains confidential or personal information, including data that relates to identified or identifiable natural persons.
 

6.6. Langenscheidt Language Coach

The Langenscheidt Language Coach is a software designed to support language learning through exercises that are tailored to the content of the topics selected by the customer. This offer is intended for both educational institutions and companies (commercial use), as well as for individual consumers. The Provider offers a customizable version of the Language Coach, which can be tailored to the specific needs of companies, with optional customizations of design, logo, and domain name (partner version).

The following sections also apply to partner versions, although the access domain and registration link differ from those mentioned.

6.6.1. Registration for individual use

To utilize the product as a language learning tool, consumers must register on the website https://ai.langenscheidt.com. This registration is separate from any registration on other websites of the Provider, as outlined in Section 2.2 of these General Terms and Conditions. Following the free use of a defined number of practice exercises, a valid subscription with various terms can be directly acquired within the product.

6.6.2. Registration for Commercial Use

For the commercial use of the product as a school or company, registration is required via https://ucm.​langenscheidt.​com/register.​ Upon registration for commercial use, the school or company will be granted access to an administration software, enabling them to create and manage their own courses and additional users as learners (hereinafter referred to as "course administrator").​ Following the completion of the trial phase, a paid subscription is required, which can be managed in the administration software with varying user numbers and subscription terms.​https://ucm.langenscheidt.com/register

6.​6.​3.​ Topic-based Exercises

The topics entered by users, or a course administrator (both private and commercial) are transmitted to our server to generate various exercises corresponding to the entered topic and make them available to users. In this context, the customer is obligated to comply with all statutory provisions for the collection, processing, and use of data that are transmitted to the Provider in connection with the digital products in accordance with this agreement and processed by the Provider. In the event that a course administrator specifies a topic, the thematic exercises generated on this basis are accessible to all users assigned to a course. The Provider is obligated to maintain the confidentiality of all user data and documents and to protect them from any unauthorized access outside the school or company. Further details are governed by a data processing agreement.

6.7. Special Terms of Use of the Provider for Apps as an Addition to Books

6.7.1. Upon the acquisition of the correspondingly marked print works, the Provider grants its customers the right to use the app or web products described in the print work at no additional cost. To this end, the customer will receive a unique access code, which can be used to authenticate for a one-time, free use of content on either an iOS or an Android device. This is contingent upon the customer having downloaded the app from the respective Google and Apple distribution platforms onto their digital device via the described method. Minors are only entitled to use the app with the prior consent of their legal guardians.

The Provider shall not be liable for the selection of the distribution platform or for the continuous and uninterrupted availability of the distribution platforms.

6.​7.​2.​ Upon acquiring the access code for the use of the app or web product, customers are granted a non-exclusive, time-limited license, which is restricted to the duration of use indicated in the book, and is non-transferable and non-sub-licensable.​ The license is also time-limited to the period during which PONS Langenscheidt offers and maintains the apps on the online distribution platforms.​ In the case of a dictionary app, a second activation code is generated after successful registration and input of the access code from the book into the designated field on the website pons.​com, to unlock a corresponding dictionary in the app.​ Customers are not authorized to reproduce or make publicly accessible content, either individually or in conjunction with other content.​

6.7.3. The contractual use of the software includes the installation (unless a cloud solution is used), as well as the loading, displaying, and execution of the installed software. Customers are not authorized to reproduce, modify, or decompile the software.

6.7.4. Customers are not authorized to transfer the licensed software to third parties. In particular, it is not permitted to sell, lend, rent, sublicense, or otherwise distribute the software, or to make it publicly accessible. If a customer violates any of the above provisions, all usage rights granted under these General Terms and Conditions will be immediately invalidated and automatically revert to the Provider. In such a case, the customer must immediately cease all use of the software and delete all copies of the software installed on their systems (unless a cloud solution is in place).

6.7.5. Customers are required to implement appropriate security measures to protect the software from unauthorized access by third parties.
 

7. Right of Withdrawal

7.​1.​ Scope of Application

Consumers are generally entitled to a right of withdrawal in the case of contracts concluded outside of business premises and in the case of distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activities.

7.2. Physical Products

For contracts concerning the delivery of physical products from Germany and Austria (e.g., books, workbooks, other printed media, CD-ROM), the following applies:

Revocation Instruction

Right of Withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the date on which you or a third party designated by you, who is not the carrier, has taken possession of the final goods.

To exercise your right of revocation, you must inform:

Stuttgarter Verlagskontor GmbH
Rotebühlstraße 77
D-70178 Stuttgart
phone: +49 (0)711 6672 1100
fax: +49 (0)711 988 090 009 11
e-mail: pons@svk-service.de

and in Austria, you must inform:

Mohr Morawa Buchvertrieb GmbH
Abt. "Wollzeilenverlag"
Sulzengasse 2
1230 Vienna
Austria
Telephone: +43 (1) 680 14 122,
E-Mail: order@wollzeilenverlag.at

You must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post, a fax, or an email). You may use the attached model withdrawal form, although it is not mandatory, or provide any other unequivocal statement. If you exercise this option, we will promptly (e.g., by email) confirm receipt of such a withdrawal.

To ensure compliance with the withdrawal period, it is sufficient to send notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.

Consequences of revocation
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the most cost-effective standard delivery offered by us), without undue delay and in any case within fourteen days of the day on which we receive notification of your withdrawal from this contract. For the repayment, we will use the same payment method that you used for the original transaction, unless otherwise explicitly agreed upon with you. In no case will you be charged any fees for this repayment.

We reserve the right to withhold payment until we have received the returned goods or until you have provided evidence that you have returned the goods, whichever is the earlier date.

You must return the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract.

You are to return or hand back the goods immediately, and in any case no later than fourteen days from the date on which you notified us of your revocation of this contract, to

Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart, fax: +49 (0)711 988 090 009 11

and for AUSTRIA:
Mohr Morawa Buchvertrieb GmbH, Abt. "Wollzeilenverlag", Sulzengasse 2, 1230 Vienna, Austria, E-Mail: order@wollzeilenverlag.at

The deadline is considered to have been met if the goods are dispatched before the expiry of the aforementioned period.

You bear the direct costs of the return shipment of the goods.

You are only liable for any diminished value of the goods if this loss in value is due to any handling of the goods not necessary for examining their condition, properties, and functionality.


End of the Right of Withdrawal Information

 

Model withdrawal form

(Please fill in this form and return it to us if you wish to revoke the contract about the delivery of physical items.)
Recipients:
Stuttgarter Verlagskontor GmbH
Rotebühlstraße 77, D-70178 Stuttgart
Fax: +49 (0)711 988 090 009 11
e-mail: pons@svk-service.de

Please send the goods to
Stuttgarter Verlagskontor GmbH – Logistik
Im Riebeisen
3371404 Korb
Deutschland

I/we (*) hereby revoke the contract I/we (*) have concluded regarding the purchase of the following goods (*) / rendering of the following service (*)

Ordered on (*) / received on (*)
Name(s) of consumer(s)
Address(es) of consumer(s)
Signature of consumer(s) (only with paper communication)
Date

(*) Please delete as appropriate



6.3.
The following applies to contracts regarding the supply of digital content (e.g., digital maps, mobile school apps for entire classrooms) and contracts regarding services (e.g., online services, digital subscriptions):

 Revocation instruction

Right of revocation

Revocation Instruction
Right of Revocation
You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days starting from the date of the conclusion of the contract.

To exercise your right of revocation, you must inform

PONS Langenscheidt GmbH, Stöckachstraße 11, D-70190 Stuttgart, e-mail: kundenservice@pons.de.

by means of a clear declaration (e.g., a letter sent by post, a fax or an e-mail) of your decision to revoke this contract. You may, but are not obliged to, use the attached template revocation form for this purpose. You can use the sample revocation form below or choose other unequivocal means to make your statement. If you make use of this option, we will immediately send you (e.g., by e-mail) a confirmation of receipt of such a revocation.

To comply with the terms of the revocation period, it is sufficient to send your notice of exercising your right of revocation before the revocation period expires.

Consequences of revocation
If you revoke this contract, we are required to reimburse all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from your decision to choose another method of delivery other than the most economical standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive your notice of revocation of this contract. We use the same means of payment for this refund as the one used by you in your original transaction, unless we have expressly agreed another means with you. Under no circumstances will fees incur because of this refund.

End of revocation instruction

Contracts covering services require the customer’s consent that the service is to begin before the revocation period expires. Contracts covering the supply of virtual digital content (e-books, e-papers, software download) require consent that the contract is to be executed before the revocation period expires. In both cases customers may lose their right of revocation before the revocation period expires if the provider begins to execute the contract (by activating their access and/or providing the download); in the case of services, however, this only applies if the service has been fully rendered. Customers have confirmed their understanding of the fact that their consent may mean that they lose their right of revocation before the revocation period expires.

 

Model withdrawal form

(If you wish to cancel the contract for the delivery of physical goods, please complete and return this form)

(GERMANY)
An Stuttgarter Verlagskontor GmbH
Rotebühlstraße 77
D-70178 Stuttgart
Fax: 0711/988 090 009 11
E-Mail: pons@svk-service.de

Die Ware senden Sie bitte an
Stuttgarter Verlagskontor GmbH – Logistik
Im Riebeisen 33
71404 Korb
Deutschland

(AUSTRIA)
Mohr Morawa Buchvertrieb GmbH
Sulzengasse 2
1230 Wien
E-Mail: order@wollzeilenverlag.at

 


   

  • I/We (*) hereby formally cancel the contract for the purchase of the following goods (*) / the provision of the following services (*) that was concluded by me/us (*).
      
  • Ordered on (*)/received on (*)
      
  • Name
       
  • Address
      
  • Signature (only if the notification is provided in paper form)
      
  • Date
    (*) Strike out the incorrect option.

 

7.3. Digital Products and Services

For contracts regarding the delivery of digital products (in the case of apps, the terms and conditions and cancellation policies of the respective app stores apply) and contracts regarding digital services (e.g., digital subscriptions) in Germany and Austria, the following applies:

Right of Withdrawal Information

Within fourteen days, you have the right to revoke this contract without providing a reason.https://de.pons.com/p/files/uploads/agb-nutzung-widerruf-pdf/widerruf-dig.pdf

The withdrawal period is fourteen days from the date of the contract.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear statement, such as a letter sent by post mail or email, to:

PONS Langenscheidt GmbH, Stöckachstraße 11, 70190 Stuttgart, Germany, email: kundenservice@pons.de.mailto:kundenservice@pons.de

You may use the attached model withdrawal form, although it is not mandatory. If you exercise this option, we will promptly (e.g., by email) confirm receipt of such a withdrawal.https://de.pons.com/p/files/uploads/agb-nutzung-widerruf-pdf/widerruf-dig.pdf

To ensure compliance with the withdrawal period, it is sufficient to send notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.

Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the most cost-effective standard delivery offered by us), without undue delay and in any case within fourteen days of the day on which we receive notification of your withdrawal from this contract. For the repayment, we will use the same payment method that you used for the original transaction, unless otherwise explicitly agreed upon with you. In no case will you be charged any fees for this repayment.

 

End of the Right of Withdrawal Information

For service contracts, the consent of the purchaser is required that the service should commence before the expiration of the withdrawal period. In the case of contracts for the delivery of intangible digital content (e-books, e-papers, software downloads), it is necessary to obtain consent prior to the expiration of the withdrawal period to commence the execution of the contract. In both cases, the right of withdrawal may be forfeited before the expiration of the withdrawal period if PONS Langenscheidt commences the execution of the contract (by activating the access or providing the service). The download will be made available, and for services, the service will be provided in full before the download is made available. The purchasers have confirmed their understanding that they may forfeit the right of withdrawal due to their consent prior to the expiration of the withdrawal period.

Model Withdrawal Form

(If you wish to cancel the contract for the delivery of digital content, please complete and return this form.)

– To PONS Langenscheidt GmbH, Stöckachstraße 11, 70190 Stuttgart, Germany, E-Mail: kundenservice@pons.de

  • I/We (*) hereby formally cancel the contract for the purchase of the following goods (*) / the provision of the following services (*) that was concluded by me/us (*).
       
  • Ordered on (*)/received on (*)
      
  • Name
      
  • Address
       
  • Signature (only if the notification is provided in paper form)
      
  • Date
        

(*) Strike out the incorrect option.

7.​​4.​​ Disclaimer of the Right of Withdrawal

7.4.1. The customer is not entitled to revoke their declaration of intent in the case of contracts for the delivery of:

  • Products that are not prefabricated and for whose production an individual selection or specification by the customer is decisive, or which are clearly tailored to the customer's personal needs (Section 312g (2) No. 1 BGB, German Civil Code).
  • Recordings or video recordings, or computer software in a sealed package, if the seal has been removed after delivery (Section 312g (2) No. 6 BGB, German Civil Code).
  • Newspapers, magazines, or illustrated publications, excluding subscription contracts (Section 312g (2) No. 7 BGB, German Civil Code).

7.4.2. The right of withdrawal shall be forfeited in the case of contracts for the delivery of digital content that is not stored on a physical data carrier (e.g., digital subscriptions, downloads, videos, webinars), if we have commenced the execution of the contract after you have explicitly consented to the commencement of the execution of the contract prior to the expiration of the withdrawal period, and you have acknowledged that you would forfeit your right of withdrawal by your consent to the commencement of the execution of the contract.

8. Prices and Payment Terms

8.1. Pricing

The prices at the time of the order are applicable. All pricing information is subject to change.

8.2. Sales Tax in Online Shops of the Provider

For orders from consumers in Germany and Austria, the final prices indicated in the online shop include the applicable value-added tax (gross final price).

8.3. Orders from EU countries

Deliveries from the online shops to customers in the European Union who provide a valid VAT identification number are made at the applicable net final price, which is the gross final price minus the applicable German VAT. For invoicing of digital products (digital content and digital services) to consumers in the European Union, the VAT of the country in which the service is provided applies.

8.4. Orders from non-EU countries

For orders from customers, regardless of whether they are consumers or companies, from non-EU countries, the prices indicated are net, i.e., excluding the applicable German statutory VAT. Customers from third countries are responsible for all local taxes and other charges (such as customs duties) that may arise in connection with the acquisition of the ordered goods. Deviating from this, when delivering physical items to consumers from Switzerland, the applicable Swiss VAT will be shown on the invoice.

8.​5.​ Payment Terms

8.​5.​1.​ Payment Methods
You can pay by invoice, credit card (VISA, MasterCard), PayPal, or, if applicable, by direct debit in our online shops. However, Stuttgarter Verlagskontor GmbH reserves the right to request advance payment in individual cases. This applies, for example, when customers are in arrears with previous invoices or the total value of all their outstanding invoices exceeds 150 euros. Payment by invoice is only possible in our shops in Switzerland and Austria.

For the purchase of digital products, we accept credit cards and PayPal as payment methods. In the event of the purchase of apps through the app stores operated by Google and Apple, the payment terms of the app store operator shall apply.

8.5.2. Invoices

Invoices are issued exclusively in euros. The provider will provide invoices for digital products in PDF format via email.

8.5.3. Payment Terms

The payment terms are outlined in the invoice. In the event that the invoice does not contain any specific payment terms, the following applies: The invoice amount is due for payment without deduction within 30 days (in Austria within 14 days) from receipt of the invoice by the customer. Payments should be made to one of the accounts specified in the invoice.

8.5.4. Payment Delay

In the event that the customer fails to fulfil their outstanding payment obligations and does not settle the outstanding and due amount within a period of 10 days following the issuance of a formal notice, we reserve the right to suspend the customer's access to the affected digital products until the outstanding amount is settled, or to halt the delivery of print products. In the event of a payment delay, the deliveries are entitled to claim the statutory interest on arrears. The customer's obligation to pay default interest does not preclude the right to claim additional damages for delay.

9. Special Conditions for Teaching Staff and Trainee Teachers

Physical products that are marked as teacher samples in the online shops are available for evaluation with a 20% discount on the sample price and can be viewed with the option of return within three months. The discount on the examination fee is not available to educators and individuals in the process of obtaining a teaching certificate in Austria.

10.​ Set-off, Enforcement of Retention Rights

Customers are only entitled to set off their counterclaims if they have been legally established by a court or are undisputed, or if they have been acknowledged in writing by us. Customers may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.

11. Liability

11.1. The provider is fully liable for damages to the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as for other damages that are based on a deliberate or grossly negligent breach of duty by the Provider, its legal representatives, or its vicarious agents, due to a guarantee promise, unless otherwise agreed, and due to mandatory liability (e.g., under the Product Liability Act). Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

11.2. In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable, contract-typical damage, if the damage was caused by simple negligence, unless unlimited liability is stipulated in the preceding paragraph. Essential contractual obligations are those that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

12. Shipping costs

12.1.
Orders with an order value of € 9.95 or more are delivered free of shipping costs within the Federal Republic of Germany. For orders with an order value of less than € 9.95, we charge a flat shipping rate of € 2.50 for postage and packaging, applicable to online orders for delivery within the Federal Republic of Germany.
Contrary to Sentence 1 in this section, we charge a flat shipping rate of €4.45 for orders not placed via our online shop (i.e., orders by fax, phone or post).

12.2.
Partial deliveries of temporarily unavailable items are delivered free of shipping costs.

12.3.
Orders are packaged and shipped by means that are—at our discretion—the most economical, unless there are limitations imposed by the carrier.

12.4. Shipping costs outside Germany
For deliveries outside Germany, shipping costs will be charged according to the table below.

 

Country of destination

Goods value

Shipping (incl. VAT)

Austria, Luxembourg

Up to EUR 20.-

EUR 3.50

 

From EUR 20.-

EUR 0

Switzerland, Liechtenstein

Up to CHF 50.-

CHF 7.00

 

From CHF 50.-

EUR 0

All other European countries

Up to EUR 100.-

EUR 8.50

All other European countries

From EUR 100.-

EUR 18.-

Outside Europe

Up to EUR 100.-

EUR 15.-

Outside Europe

From EUR 100.-

EUR 32.-

 

13. Concealed Defects

The limitations of liability arising from paragraphs 11.1 and 11.2 do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the items. This applies equally in cases where the Provider and the customer have agreed on the specifications of the item. The provisions of the Product Liability Act remain unaffected.

14. Final Provisions

14.1. Applicable Law

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, to the extent that this choice of law does not result in the exclusion of a consumer with a habitual residence in the EU from the mandatory provisions of the law of his or her state of residence. In the event that any provision of this agreement is invalid or unenforceable, the remaining provisions of this agreement shall remain unaffected.

14.2. Jurisdiction

If the customer is a merchant, a legal person under public law, or a special fund under public law, the court at the Provider's registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies to customers who do not have a place of residence within the European Union. The location of our company can be found in the title of these General Terms and Conditions.

 

 

 

    

General Terms and Conditions (T&C)

Last updated: 01.03.2023 (Transitional period until September 15, 2025)

General Terms and Conditions for the legal transactions of

PONS Langenscheidt GmbH,
Stöckachstraße 11, 70190 Stuttgart
Phone: 0711-89462111
E-mail: kundenservice@pons.de

 

1. General Information

1.1.
These General Terms and Conditions (T&C) do not apply to commercial resellers.

1.2.
Our supplies, services and offers are exclusively based on these T&C in the version which applies at the time the order is placed. They are part of all the agreements we conclude with our customers (hereinafter referred to as the “customer/you”) about the products we offer —in particular goods, digital online or offline products and online services.

1.3.
Deviations from these T&C require our express consent to become effective.

1.4.
We expressly reserve the right to make future changes to these T&C.

1.5.
The minimum age for concluding a contract is 18. If the customer is a minor, the consent of a parent or legal guardian is required.

1.6.
Contracts covering the supply of physical products (e.g. books, text books, other print media, boxed vocabulary training materials, CD-ROMs) are handled on behalf of PONS Langenscheidt GmbH by our distribution centres:
Germany - Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart;
Switzerland - Balmer Bücherdienst AG, Kobiboden 3, CH-8840 Einsiedeln.

The distribution centres dispatch and invoice goods on their own behalf. Questions about your order, should be directed to:

Stuttgarter Verlagskontor GmbH
Rotebühlstraße 77
D-70178 Stuttgart
phone: +49 (0)711 6672 1100, fax: +49 (0)711 6672 988 090 009 11
e-mail: pons@svk-service.de,

or

Balmer Bücherdienst AG,
Kobiboden 3
CH-8840 Einsiedeln
phone: +41(0)55 418 89 89, Fax: +41 (0) 554188919
e-mail: info@balmer-bd.ch

or

Mohr Morawa Buchvertrieb GmbH
Abt. „Wollzeilenverlag“
Sulzengasse 2
1230 Wien
phone: +43 (1) 680-14-122
e-mail: order@wollzeilenverlag.at

1.7.
These T&C do not apply to products featuring forwarding “to our partner shop”. These products are supplied according to the conditions mentioned on the website of that partner.

1.8.
The customer is a consumer if the purpose of the ordered supplies and services cannot be largely attributed to a commercial or self-employed professional activity. A business entity, however, is any natural or legal person or incorporated partnership acting in pursuit of a commercial or self-employed professional activity when concluding the contract.

 

2. Conclusion of web shop contract

2.1.
The products by the brands PONS, Langenscheidt and Klett, which are presented in our online shop, e.g., on the www.pons.com, www.langenscheidt.com or www.klett-lerntraining.de websites, themselves do not constitute an offer to conclude a contract but are only an invitation to the customer to place an order.

2.2.
By clicking the “Add to basket” button the customer can place the product into a virtual shopping basket. This action is non-binding and does not constitute an offer to enter into a contract. The customer can click the basket icon in the website toolbar at any time to view the contents of the shopping basket. Here the customer can check the selected products and other entries in the shopping basket for errors and correct them, if necessary. By clicking the “Buy now” button the customer submits a binding offer to purchase the products contained in the shopping basket.

2.3.
In the case of orders placed via our web shop or by e-mail, after placing an order the customer receives an automatically generated confirmation of receipt sent to his or her e-mail address (“order confirmation”). With this order confirmation the customer receives the details of the order once more, together with our T&C. The order confirmation only documents receipt of the order and does not constitute acceptance of the order.

2.4.
The contract between PONS Langenscheidt GmbH and the customer is concluded on delivery of the ordered products.

2.5.
If the products selected by the customer are unavailable when the order is placed, we inform the customer about this immediately and refrain from accepting the order. In that case no contract is concluded. If we have already received payment this is immediately reimbursed to the customer.

2.6.
If the product ordered by the customer is only temporarily unavailable, we also immediately inform the customer about this in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. The customer’s legal right of revocation (see Clause 4 of these T&C) remains unaffected by this. In such a case we are also entitled to withdraw from the contract. In the process, we immediately reimburse the customer for any payments already made.

2.7.
We do not store the contractual text after the conclusion of the contract. Customers have the option to register a customer account with us. In that case the order data can be retrieved via the customer account.

2.8.
The contractual language is German.

 

3. Registering as a customer; access data

3.1.
In general, our websites which include the web shop and our online offerings can be used without registration unless otherwise specified in the product description or in conditions of use. Registration may be required to make full use of the offerings on our website.

3.2.
To register, customers log in with their e-mail address and a password of their choice. The e-mail address and password enable customers to view and edit their data. Customers also have the option of giving themselves a user name of their choosing. Customers undertake to provide true information.

3.3.
Customers must keep their e-mail address and password (“access data”) safe to ensure they cannot get lost or be disclosed to third parties. Customers must inform us immediately if there is substantiated suspicion of misuse of their access data. PONS Langenscheidt reserves the right to block access to the website in the event of abuse.

 

4. Special Terms of Use for the Langenscheidt Online Dictionary ("OWB")

4.1. General
In this part we specify the provisions under which a user may use a dictionary or a dictionary package in the Langenscheidt Online Dictionary ("OWB") for use by one or more users.

There are various ways of using the OWB for a fee as part of a temporary subscription (hereinafter referred to collectively as "paid subscriptions").

4.1.1 Conclusion of a Named-User subscription by consumers or entrepreneurs within the meaning of these GTC:
The Named-User subscription consists of the following components: the dictionary or dictionary package covered by the subscription and the maximum number of additional users that can be registered for the subscription (Named Users).

In the Named-User subscription, each user is known to the OWB and must register via the website (in this case Section 4.4 of these OWB General Terms and Conditions applies).

4.1.2 Redeeming an access code: depending on the product, purchasers of a print product of the Langenscheidt brand, e.g. a Langenscheidt dictionary, receive an access code to the OWB with the print product. After successful registration and entry of the access code in the designated field on the website, the buyer then receives access to the dictionary available in the OWB for the purchased print product. As a Named-User subscription, this access is personally limited to the purchaser for a maximum period of 3 years starting from redemption of the code and is not automatically extended; ordinary termination is excluded in this respect.

4.1.3 Conclusion of an IP Range subscription:
Within the framework of the IP Range subscription, which cannot be concluded via the website, the subscriber (e.g. a company) must inform PONS Langenscheidt of the IP Range for which it wishes to activate the subscription. Access is granted to all users who access the OWB from a workstation within this IP range.

The right of use is granted for the number of users specified in the respective offer. An increase in the number of users is possible after prior written consent by PONS Langenscheidt against a corresponding increase in subscription fees. A reduction in the number of users is possible for the first time after the end of the agreed subscription period.

4.1.4 Free access for testing
In addition to the chargeable usage options, temporary test access to the OWB is granted free of charge as part of marketing measures. After successful registration for a test access, the OWB may be used free of charge for the period specified in each individual case.

4.2 Contractual partner
The user contract concluded for one of the paid subscriptions (the "subscription contract") is binding for PONS Langenscheidt GmbH ("PONS Langenscheidt") and the user (the "user" or "subscriber"). In the event that users register as an employee in the name or on behalf of a company or another legal entity, they declare with their registration/registration that they are entitled to enter into this contractual relationship on behalf of their company or for another legal entity in its name. In this case the company or legal entity is the contractual partner to PONS Langenscheidt.

4.3 Prerequisite for the use of the OWB
4.3.1 Subscribers with a paid subscription confirm that they are at least 18 years old and legally competent. In order to use a test account, users must be at least 14 years old and act with the consent of a parent or guardian.

4.3.2 The subscriber of an IP-range subscription according to No. 4.1.3 or a Named User Subscription according to No. 4.1.1 which allows access to more than one user, is obliged and undertakes on conclusion of the contract to impose on its internal users (e.g. employees) the same conditions with regard to the use of the OWB as are contained in the General Terms of Use and these OWB General Terms and Conditions. The subscriber of an IP Range subscription or a Named-User subscription that allows access to more than one user will be liable to PONS Langenscheidt for any damage or loss caused by the culpable violation of the General Terms of Use and/or these OWB General Terms and Conditions by its internal users. PONS Langenscheidt also reserves the right to terminate an IP Range or a Named-User subscription.

4.4 Registration for the OWB and conclusion of the contract
4.4.1 Users who wish to activate a paid Named-User subscription for the use of the OWB, or who wish to redeem an access code or activate test access, must register with the OWB on the website once with their user data and a password of their choice.

4.4.2 If a paid Named-User subscription is concluded, the user can invite other users to access the OWB via the OWB administration interface (hereinafter referred to as "additional users"), unless the user has concluded this Named-User subscription by redeeming an access code. The maximum number of additional users results from the respective scope of services of the selected subscription.

Invited additional users register with OWB using their e-mail address and a password of their choice. Alternatively, the user can create additional users directly via the OWB administration interface. In this case the user assigns the passwords for the other users, who can later change them independently via the OWB administration interface.

Please note: the registration of an IP Range or Named-User account does not take place via the website and is regulated separately and individually.

4.5 Scope of services of the OWB
4.5.1 The user may use the search function of the OWB. For this purpose the dictionary or dictionaries that have been activated by the corresponding paid subscription or test access are accessed.

4.5.2 The use is limited to a maximum of 3 parallel http sessions per user, unless otherwise regulated within the scope of an IP Range subscription.

4.6 Subscription fees and payment
4.6.1 The fees for the OWB subscription are due at the beginning of the respective subscription period. Details of the subscription fees and payment methods can be found in the respective offer.

4.6.2 PONS Langenscheidt may interrupt the services or terminate their use if the fees have not been paid within 30 days of the due date.

4.6.3 PONS Langenscheidt may change the parameters that determine the price for the agreed use of the OWB for the future (price per dictionary or dictionary package, number of sessions, number of users in the package). PONS Langenscheidt must inform the subscriber of this at the latest 45 days prior to the next renewal of the contract in the case of a monthly subscription, and at the latest 6 months prior to the next renewal of the contract in the case of an annual subscription. The above does not apply to a Named-User subscription which the user has concluded by redeeming an access code.


4.7 Term and termination of the subscription contract
4.7.1 The contract duration depends on the respective contract type (e.g. Named-User subscription, test access). Unless otherwise specified in the respective product description, the minimum subscription period is 12 months, but at least until the end of the year in which the contract was concluded. The duration of a contract concluded via this website is displayed before the conclusion of the contract or noted in the corresponding offer in writing or by e-mail.

4.7.2 A consumer’s subscription contract ends after the minimum subscription period has expired, without
that there is a need for termination.

4.7.3 Subscription contracts of business customers may be terminated by both parties in writing at the latest three months before the minimum subscription period expires. If the subscription is not cancelled on time, it automatically renews for a further 12 months.

4.7.4 Both PONS Langenscheidt and the subscriber may terminate the contract at any time for good cause. Important grounds for termination include, but are not limited to, (i) a material breach of the terms of the contract by the other party and failure to remedy the breach within 30 days of receipt of a written warning, or (ii) if the other party ceases its business operations or insolvency proceedings are initiated against it.


4.8 Accessibility of the service, reduction
In addition to Section 5 of the General Terms of Use (Section B), the following applies to the OWB:

PONS Langenscheidt aims at an average OWB availability of 98% per calendar year. Accessibility is calculated according to the following formula: Accessibility = (total time - total downtime) / total time * 100%. The following times are not taken into account when calculating the total downtime:

(i) Times of unavailability which are due to disturbances of the Internet which cannot be influenced by PONS Langenscheidt or other circumstances for which PONS Langenscheidt is not responsible, in particular force majeure (e.g. strike, lockout, natural disasters, fire, terrorism);

(ii) Times of unavailability due to scheduled maintenance work on the OWB, which are carried out from time to time between 6.00 a.m. and 8.00 a.m;

(iii) Times due to mandatory unscheduled work necessary to eliminate technical faults (the customer will be informed of this as far as possible by a reference on the OWB website);

(iv) periods of unavailability due to the fact that the necessary technical prerequisites to be created by the customer for access to the OWB are temporarily not met, e.g. due to a malfunction of the customer's hardware.

If accessibility is not achieved during a billing period, the subscription fees for this billing period may be reduced proportionately.

 

5. Special provisions applicable to digital subscriptions
5.1 General
PONS Langenscheidt also provides digital content such as the school dictionary app on a subscription basis, and supplies this to the customer by way of electronic data transfer. The terms of use and licence agreements which are displayed to users when they purchase this digital content also become part of the contract for the individual digital product.

5.2 Order process, conclusion of contract
5.2.1 The PONS, Langenscheidt and Klett Lerntraining products presented in our online shop, e.g. on the websites www.pons.com, www.langenscheidt.com and www.klett-lerntraining.de, do not yet constitute an offer to conclude a contract, but merely an invitation to the customer to place an order.

5.2.2 As part of the ordering process for the school dictionary app, you first enter the number of class sets you require. You can change the desired number of sets at any time and also specify the start of the subscription period. When you click on "Proceed to checkout", you will first be taken to a page where you can enter your data and then select the payment method.
Finally, an overview page opens where you can check your details once more. You can correct any input errors (e.g. regarding payment method, data or the desired number of items) by clicking on "Edit" or "Remove" in the relevant field. If you wish to cancel the order process completely, you can simply close the browser window.

5.2.3 Otherwise, by clicking on the "Place binding order" you will make a legally binding offer to purchase ("Order") in relation to the specified products. If you have already registered on the PONS or Langenscheidt websites you can log in with your registration data (email address and password). If you have not yet registered, registration is required. After registering you can view your orders in your customer account at any time.

5.2.4 After sending the order you will receive an order confirmation ("Conclusion of contract") by email. After logging into the app, which can be downloaded free of charge from the app stores (Apple, Google), the purchased content is available in the app for you to download for offline use.

5.3 Term and termination of subscription contracts
5.3.1 The term and termination options for subscriptions to our digital products are governed by the relevant product descriptions, which are displayed to the customer when the order is placed and also become part of the contract.

5.3.2 Termination without notice for good cause remains unaffected. Such good cause exists for the supplier in particular if it can be assumed that its services are being used improperly or in breach of the contract.

5.3.3 If there is good cause, the supplier will also have the right to block the user's access authorisation or to restrict the relevant services, in particular to prevent further misuse of the services or their use in breach of the contract.

5.4 Availability
5.4.1 The supplier endeavours to ensure that its digital products are generally available without interruptions. This is naturally limited to circumstances which the supplier can influence. However, due to the nature of the Internet this cannot always be guaranteed. The supplier may also temporarily interrupt or restrict the accessibility of its website in whole or in part due to service work on the information system, maintenance or capacity concerns. Disruptions to the quality of access to the Internet and data traffic on the Internet due to force majeure and due to events for which the supplier is not responsible and which make its services significantly more difficult or impossible will release the supplier from the obligation to perform for the duration of the disruption, and will not give rise to any claims for damages due to the unavailability.

5.4.2 If the supplier provides services free of charge these may - after prior notice - be discontinued at any time or continued to be offered but for a fee. In this case users will have no rights arising from the discontinuation of the free services, and in particular no claim for damages. As far as possible the supplier will inform users about such changes in good time.

 

6. Right of revocation

6.1.
If the customer is a consumer, they have a legal right of revocation. he has a legal right of revocation in Germany and Austria.

6.2.
The following applies to contracts relating to the supply of physical items (e.g., books, text books, other print media, CD-ROMs):

 

Revocation Instruction

Widerrufsrecht

You have the right to revoke this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took the last goods into your/its possession.

To exercise your right of revocation, you must inform

Stuttgarter Verlagskontor GmbH
Rotebühlstraße 77
D-70178 Stuttgart
phone: +49 (0)711 6672 1100
fax: +49 (0)711 988 090 009 11
e-mail: pons@svk-service.de

by means of a clear declaration (e.g., a letter sent by post, a fax or an e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form; this is not a requirement, however; you can also choose other unequivocal means to make your statement. If you make use of this option, we will immediately send you (e.g., by e-mail) a confirmation of receipt of such a revocation.

To comply with the terms of the revocation period, it is sufficient to send your notice of revocation before the revocation period expires.

Consequences of revocation
If you revoke this contract, we are required to reimburse all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from your decision to choose another method of delivery other than the most economical standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive your notice of revocation of this contract. We use the same means of payment for this refund as the one used by you in your original transaction, unless we have expressly agreed another means with you. Under no circumstances will fees incur because of this refund.

We are entitled to withhold payment of this refund until we have received the goods returned by you or until you have provided evidence that you have returned the goods, whichever event occurs sooner.

You are to return or hand back the goods immediately, and in any case no later than fourteen days from the date on which you notified us of your revocation of this contract, to

Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart, fax: +49 (0)711 988 090 009 11

The notice period will be considered to have been complied with if you dispatch the goods prior to the expiry period of fourteen days.

You are liable for the direct costs of returning the goods.

You will only be liable for any loss in value of the goods if this was caused by handling the goods in a manner other than would be required in order to check their composition, properties or functionality.


End of revocation instruction

 

Sample revocation form

(Please fill in this form and return it to us if you wish to revoke the contract about the delivery of physical items.)
Recipients:
Stuttgarter Verlagskontor GmbH
Rotebühlstraße 77, D-70178 Stuttgart
Fax: +49 (0)711 988 090 009 11
e-mail: pons@svk-service.de

Please send the goods to
Stuttgarter Verlagskontor GmbH – Logistik
Im Riebeisen
3371404 Korb
Deutschland

I/we (*) hereby revoke the contract I/we (*) have concluded regarding the purchase of the following goods (*) / rendering of the following service (*)

Ordered on (*) / received on (*)
Name(s) of consumer(s)
Address(es) of consumer(s)
Signature of consumer(s) (only with paper communication)
Date

(*) Please delete as appropriate



6.3.
The following applies to contracts regarding the supply of digital content (e.g., digital maps, mobile school apps for entire classrooms) and contracts regarding services (e.g., online services, digital subscriptions):

 Revocation instruction

Right of revocation

Revocation Instruction
Right of Revocation
You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days starting from the date of the conclusion of the contract.

To exercise your right of revocation, you must inform

PONS Langenscheidt GmbH, Stöckachstraße 11, D-70190 Stuttgart, e-mail: kundenservice@pons.de.

by means of a clear declaration (e.g., a letter sent by post, a fax or an e-mail) of your decision to revoke this contract. You may, but are not obliged to, use the attached template revocation form for this purpose. You can use the sample revocation form below or choose other unequivocal means to make your statement. If you make use of this option, we will immediately send you (e.g., by e-mail) a confirmation of receipt of such a revocation.

To comply with the terms of the revocation period, it is sufficient to send your notice of exercising your right of revocation before the revocation period expires.

Consequences of revocation
If you revoke this contract, we are required to reimburse all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from your decision to choose another method of delivery other than the most economical standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive your notice of revocation of this contract. We use the same means of payment for this refund as the one used by you in your original transaction, unless we have expressly agreed another means with you. Under no circumstances will fees incur because of this refund.

End of revocation instruction

Contracts covering services require the customer’s consent that the service is to begin before the revocation period expires. Contracts covering the supply of virtual digital content (e-books, e-papers, software download) require consent that the contract is to be executed before the revocation period expires. In both cases customers may lose their right of revocation before the revocation period expires if the provider begins to execute the contract (by activating their access and/or providing the download); in the case of services, however, this only applies if the service has been fully rendered. Customers have confirmed their understanding of the fact that their consent may mean that they lose their right of revocation before the revocation period expires.

 

Sample revocation form

(Please fill in this form and return it to us if you wish to revoke the contract covering the supply of digital content.)

– Recipient: PONS Langenscheidt GmbH
Stöckachstraße 11, D-70190 Stuttgart

E-mail: kundenservice@pons.de

– I/we (*) hereby revoke the contract I/we (*) have concluded regarding the purchase of the following goods (*) / rendering of the following service (*)

- Ordered on (*) / received on (*)

- Name(s) of consumer(s)

- Address(es) of consumer(s)

- Signature of consumer(s) (only with paper communication)

- Date

(*) Please delete as appropriate

 

6.3.1. The right of revocation does not apply to distance selling contracts:

6.3.2. for the supply of goods which are not prefabricated and that are produced based largely on a personalised selection or specification by the consumer, or which are uniquely tailored to the personal requirements of the consumer;

6.3.3. for the supply of sound or video recordings or of computer software in sealed packaging if the seal has been removed after delivery.

6.3.4. for the supply of magazines, newspapers or periodicals, with the exception of subscription contracts.

 

7. Obligation to cover costs in the event of revocation
In the event of revocation the customer bears the direct costs of returning the goods.


In the event of revocation, the customer bears the direct costs of returning the goods.

 

8. Conditions of delivery

8.1.
Delivery throughout Germany is made at the latest within 3 to 10 working days from receipt of order or (in the event of advance payment) after a payment order is issued to the transferring bank. Delivery to so-called “Packstationen” (parcel deposit locations for consignee pickup) is not possible. The conditions listed in Clauses 9.3/9.4 apply to international deliveries.

8.2.
Delivery will be made to the delivery address specified by the customer.

8.3.
The distribution centres referred to in Clause 1.6 decide how the goods are delivered. They are entitled to partial deliveries and partial invoices if the ordered titles are temporarily unavailable and/or not yet published and where this is acceptable for the user.

 

9. Prices; terms of payment

9.1.
The applicable prices are those in effect at the time of the order. All prices are subject to confirmation.

9.2.
For consumers in Germany or Austria orders are subject to the consumer prices shown in the online shop. which include the applicable rate of VAT.

9.3.
If customers ordering from an EU country present a VAT ID, goods are supplied at the applicable net final price, i.e. the gross final price less the applicable German value-added tax.

9.4.
If customers, regardless of whether they are consumers or business entities, place an order from non-EU countries, the specified prices are net prices, i.e. without the applicable German value-added tax. Customers from non-EU countries are responsible for all the nationally applicable taxes and other local fees (such as customs duties) arising in connection with their purchase of the ordered goods. In deviation from this provision, the applicable rate of Swiss VAT is indicated on the invoices for the supply of physical goods ordered by consumers in Switzerland.

9.5.
The invoice issued to consumers from EU countries for electronic services (online products) indicates the value-added tax applicable in the country where the service is provided.

9.6.
The following payment terms apply:

9.6.1. Customers can pay on account, by credit card (VISA, Master Card), PayPal or by direct debit. In individual cases, however, Stuttgarter Verlagskontor GmbH reserves the right to request payment in advance. This applies, for example, if the customer is in arrears with prior invoices or if the order value of all invoices still outstanding on the part of the customer exceeds €150. Only in our shops for Switzerland and Austria is payment only possible by invoice.

9.6.2. Invoices are only issued in euros.

9.6.3. The applicable payment terms are indicated on the invoice. In rare cases where the invoice does not provide this information, the following applies: invoice amounts are payable without deduction within 30 days (in Austria within 14 days) after the customer has received the invoice. Payment is to be made by bank transfer to one of the bank accounts of the distribution centre that issues the invoice.

9.6.4. In the event of late payment the distribution centre will be entitled to demand default interest. The customer’s obligation to pay default interest does not exclude the right of the supplier to assert further damage caused by the default.

 

 

10. Shipping costs

10.1.
Orders with an order value of € 9.95 or more are delivered free of shipping costs within the Federal Republic of Germany. For orders with an order value of less than € 9.95, we charge a flat shipping rate of € 2.50 for postage and packaging, applicable to online orders for delivery within the Federal Republic of Germany.
Contrary to Sentence 1 in this section, we charge a flat shipping rate of €4.45 for orders not placed via our online shop (i.e., orders by fax, phone or post).

10.2.
Partial deliveries of temporarily unavailable items are delivered free of shipping costs.

10.3.
Orders are packaged and shipped by means that are—at our discretion—the most economical, unless there are limitations imposed by the carrier.

10.4. Shipping costs outside Germany
For deliveries outside Germany, shipping costs will be charged according to the table below.

Country of destination

Goods value

Shipping (incl. VAT)

Austria, Luxembourg

Up to EUR 20.-

EUR 3.50

 

From EUR 20.-

EUR 0

Switzerland, Liechtenstein

Up to CHF 50.-

CHF 7.00

 

From CHF 50.-

EUR 0

All other European countries

Up to EUR 100.-

EUR 8.50

All other European countries

From EUR 100.-

EUR 18.-

Outside Europe

Up to EUR 100.-

EUR 15.-

Outside Europe

From EUR 100.-

EUR 32.-

 

11. Special Conditions for Teachers and Trainee Teachers
Products identified in our online shop by the icon A black-and-white pie chart, where one quarter of the segment is highlighted in white and the remaining three quarters are shaded dark.  orand for approval with the right of return within three months. The test price discount is not available for teachers/trainees in Austria.

 

12. Conditions of Use for Digital Online or Offline Products, Online Services and Software

12.1.
Our website offers digital products such as learning portals, downloads, additional content for certain titles, exercise sheets, instruction videos and other displayed content. Our “Conditions of Use for Digital Products and Online Services” apply to these digital products in addition to the provisions of these T&C. The provisions named in Clause 6.3 apply to the right of revocation.

12.2.
The use of digital offline products and software is subject to the product descriptions shown to the customer when the order is placed. Our “Conditions of Use for Digital Products and Online Services” apply in addition to the provisions of these T&C. The provisions named in Clauses 6.3 and 6.3.4 apply to the right of revocation.

 

13. Setoff; exercise of a right of retention
The customer is entitled to set off counter-claims only if they are judicially confirmed or uncontested, or have been recognised by us in writing. The customer may exercise a right of retention only if the claims result from the same contractual relationship.

 

14. Retention of title
The supplied goods remain our property until they have been paid for in full. If the customer is a business, we reserve the right of ownership of the goods we have supplied until all demands from the entire business relationship have been fully met. Ownership of the goods is not transferred to the customer until the purchase price has been paid in full.

 

15. Warranty
In general, in the event of material defects and defects of title the applicable legal regulations will apply, in particular §§ 434 et seq. BGB (German Civil Code). The purchaser’s claims for defects lapse within two years after delivery of the goods. Contrary to this, if the customer is a business entity the limitation period is twelve months.

 

16. Liability
16.1. Irrespective of any legal basis for a claim, our liability is subject to the following exclusions and limitations.

16.2.
We assume liability if we are guilty of intent or gross negligence. In cases of ordinary negligence we assume liability only if an obligation has been violated that must be fulfilled to enable proper execution of the contract and in the fullfilment of which the contractual partnermay normally trust (a so-called "material contractual obligation"). Otherwise, liability for claims for damages of any kind, regardless of the basis for the claim, including liability for fault on the conclusion of the contract, is excluded.

16.3.
If we assume liability for ordinary negligence according to Clause 16.2, our liability is limited to such losses as can be typically expected to arise from the circumstances known to us on the conclusion of the contract.

16.4.
The above exclusions and limitations of liability do not apply (i) if we have assumed a guarantee for the composition of the goods; (ii) to damage to life, limb or health; or (iii) to statutory rights.

16.5.
The stipulations of the German Product Liability Act remain unaffected.

 

17. Dispute Resolution for Consumers

17.1.
We always strive to maintain a good understanding with our customers. If there are any issues, our customers can contact our customer service at any time. Our customer service is available at kundenservice@pons.de. There is no obligation to contact our customer service; your rights remain unaffected without limitations.

17.2.
The European Commission has set up a platform for online dispute resolution. It is available on www.ec.europa.eu/consumers/odr. Consumers can use this platform for resolving disputes. Our e-mail address is kundenservice@pons.de.

17.3.
We do not participate in dispute resolution proceedings before a consumer arbitration board. There is no obligation to participate in dispute resolution proceedings in front of a consumer arbitration board.

 

18. Concluding provisions

18.1.
The law of the Federal Republic of Germany applies. The UN law on international contracts for the sale of goods (CISG) is excluded. If the customer is a consumer and his or her main residence is in an EU country other than Germany and he or she has no place of residence in the Federal Republic of Germany, the mandatory consumer protection rules of the EU country of main residence still apply.

18.2.
If the customer is a business, a legal entity under public law or a special fund under public law the place of jurisdiction will be Stuttgart, Germany, or, at the discretion of PONS Langenscheidt, the customer’s place of jurisdiction.

18.3.
If individual provisions of these T&C are fully or partially invalid or ineffective, the validity of the remaining provisions will remain unaffected. The applicable statutory regulation will replace the ineffective provision. The parties undertake to agree on whatever provision comes closest to the business purpose of the ineffective provision.