General Terms and Conditions of DETAIL Architecture GmbH

Section 1 Scope of Application and Contracting Party

(1) These General Terms and Conditions (GTC) apply to contracts concluded with DETAIL Architecture GmbH via the websites detail.de and shop.detail.de. They apply in particular to the purchase of goods, the provision of digital content, the conclusion of subscriptions and the booking of events, as well as, where expressly stipulated, to the use of free functions on the websites.

 

(2) The contracting party is DETAIL Architecture GmbH, Messerschmittstraße 4, 80992 Munich, registered in the Commercial Register of the Local Court of Munich under HRB 172756, represented by its management.

 

(3) For the purposes of these GTC, buyers include both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB.

 

Where individual provisions apply exclusively to consumers, entrepreneurs or clients of advertising services, this will be expressly indicated.

 

(4) Sections 12 to 15 shall additionally apply to entrepreneurs. Sections 16 and 17 shall additionally apply to clients of advertising services.

 

(5) Where third-party services, in particular payment services, are used for contract performance, the respective third party’s terms and conditions may additionally apply to such services. The contractual rights and obligations between the buyer and DETAIL Architecture GmbH shall remain unaffected.

Section 2 Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Section 3 Conclusion of Contract

(1) The presentation of goods, digital content, subscriptions and other services on our websites does not constitute a binding offer to enter into a contract.

 

(2) The buyer may select the desired products or services and complete the ordering process. Before submitting the order, the buyer may review and correct the information provided. By submitting the order, the buyer makes a binding offer to conclude a contract for the selected products or services.

 

(3) An automated confirmation of receipt of the order does not constitute acceptance of the contractual offer. The contract is concluded when DETAIL Architecture GmbH expressly accepts the order or begins providing the ordered service. In the case of digital trial subscriptions, access is activated immediately upon completion of the booking.

 

(4) Where an offer is expressly restricted to new customers or a specific group of buyers, it shall apply only to the group specified in each case.

 

(5) The order data and the GTC applicable at the time the contract is concluded shall be made available to the buyer in a form capable of being stored. Where a customer account exists, additional contractual information may be available there.

 

Section 4 Prices, Shipping Costs and Retention of Title

(1) The prices stated at the time of the order shall apply. The presentation of prices including or excluding VAT shall be governed by the statutory requirements applicable to the relevant offer.

 

(2) Additional shipping costs may apply to the delivery of physical goods. The amount of such costs shall be displayed to the buyer before the order is submitted.

 

(3) For individual Digital + Print subscriptions and Print-only subscriptions, shipping costs of EUR 35 per subscription year for deliveries within Germany and EUR 50 per subscription year for deliveries to other countries shall be charged in addition to the subscription price. For Office Digital + Print subscriptions, the shipping costs for the included print subscription are included in the subscription price.

 

(4) Delivered goods shall remain the property of DETAIL Architecture GmbH until the respective purchase price has been paid in full. The provisions of Section 14 shall additionally apply to entrepreneurs.

 

Section 5 Terms of Payment

(1) The payment methods offered in the relevant order process shall be displayed to the buyer before the order is submitted. These may include, in particular, payment by invoice and SEPA direct debit. Where payments via PayPal or credit card have been agreed for existing contractual relationships, these payment methods may continue to be used.

 

(2) The due date shall arise from the respective order, invoice or individual agreement.

 

(3) In the case of payment by SEPA direct debit, the buyer shall issue the required mandate. Collection shall take place in accordance with the agreed payment terms.

 

(4) If the buyer is in default of payment, the statutory provisions shall apply. The statutory default interest rate is generally five percentage points above the relevant base interest rate for consumers and nine percentage points above the relevant base interest rate for payment claims against entrepreneurs. We reserve the right to assert further statutory damages caused by default.

 

 

Section 6 Delivery of Physical Goods

(1) Physical goods and printed subscription issues shall be delivered to the delivery address provided by the buyer. Deliveries may also be made abroad where this is provided for in the relevant offer.

 

(2) DETAIL Architecture GmbH shall select the shipping service provider unless otherwise agreed.

 

(3) Partial deliveries are permitted where they are reasonable for the buyer. The buyer shall not incur any additional shipping costs as a result, unless such costs have been expressly agreed.

 

(4) If an ordered item is unavailable despite a corresponding covering transaction and through no fault of DETAIL Architecture GmbH, the buyer shall be informed without undue delay. The buyer’s statutory rights shall remain unaffected; payments already made for goods not delivered shall be refunded where applicable.

 

(5) If a delivery cannot be completed for reasons for which the buyer is responsible, the statutory provisions shall apply to further delivery attempts, redelivery and any termination of the contract.

 

(6) The buyer is requested to report externally visible transport damage to the delivery agent as soon as possible and to inform DETAIL Architecture GmbH accordingly. Failure to provide such notification shall not affect statutory warranty rights.

 

(7) For deliveries to countries outside the European Union, import duties, customs duties, taxes and fees may apply. Unless expressly included in the order price, these shall be borne by the buyer in accordance with the applicable provisions.

 

 

Section 7 Warranty Rights

(1) The statutory warranty rights shall apply to physical goods.

 

(2) The statutory provisions applicable to digital content and digital services shall apply, in particular with regard to their contractual provision and defects in digital products.

 

(3) The buyer’s statutory rights shall not be restricted by the remaining provisions of these GTC where such restriction is prohibited by law.

 

 

Section 8 Subscriptions

(1) Subscription Types and Scope of Services

DETAIL Architecture GmbH offers subscriptions with different scopes of services. The scope of services agreed in each case is set out in the product description and the order or individual contract.

 

A Digital subscription includes access to the digital content included in the subscription for online reading. A Digital + Print subscription additionally includes receipt of the printed issues. A Print subscription includes receipt of the printed issues without access to paid digital content.

 

The Print subscription comprises ten issues per subscription year. A download function is not included in digital subscriptions.

 

2) Individual Subscriptions

An individual subscription with digital access is intended for use by one person. Access credentials may not be shared with other persons or used for the joint use of an individual subscription.

(3) Office Subscriptions

Office subscriptions are offered as Office Digital and Office Digital + Print subscriptions. They provide digital access for members of the contractually covered office in accordance with the agreed licensing model. Office Digital + Print additionally includes a Print subscription.

 

Remuneration is based on the agreed licence tier. Licence tiers are offered in particular for two, five and ten or more Core Users. During the first contract year, the other members of the covered office may also access the digital content included in the Office subscription without additional remuneration.

 

A Core User is an authorised person who, during a contract year and while logged in, accesses the paid digital content included in the Office subscription at least 24 times. This corresponds to an average of two accesses per month. Accesses to articles, projects and digital magazine issues are taken into account. Authorised persons who do not reach this threshold are considered Soft Users.

 

The number of Core Users shall be determined for each contract year based on use during that contract year. For the following contract year, the price tier corresponding to the determined number of Core Users in accordance with the Office price-tier table agreed at the time the contract was concluded shall apply. No separate consent by the buyer to the classification is required.

 

Following completion of the evaluation, DETAIL Architecture GmbH shall notify the buyer of the determined number of Core Users, the resulting price tier and the subscription price applicable for the following contract year. The basis of calculation and the prices of the individual tiers shall be made available to the buyer before the contract is concluded.

 

An Office subscription may not be divided into several smaller subscriptions in order to circumvent the licence tier applicable to the relevant office.

 

(4) Campus Subscriptions

Campus subscriptions are offered as Campus Digital and Campus Digital + Print subscriptions. They provide digital access for the students, employees and other authorised members of the institution covered by the respective contract. Campus Digital + Print additionally includes a Print subscription.

 

Campus subscriptions are agreed individually with the sales department of DETAIL Architecture GmbH. Remuneration is determined on the basis of the total number of persons covered by the relevant institution in full-time equivalents (FTE) and the corresponding price tier. The FTE figure used, the scope of services, the price and the provisions regarding term, renewal and termination are set out in the relevant individual contract.

 

(5) Commencement and Term

The subscription begins at the time agreed in the order and runs for the agreed initial term. Unless otherwise agreed, the initial term is one year.

 

For Campus subscriptions, the provisions of the relevant individual contract shall apply with regard to term, renewal and termination. The following general provisions shall not apply in this respect. Mandatory statutory rights shall remain unaffected.

 

(6) Free Trial Month

A free trial month is offered exclusively for appropriately designated Digital-only subscriptions. Print subscriptions and subscriptions containing a print component cannot be ordered as trial subscriptions.

 

Digital access is activated immediately upon completion of the booking. The trial month begins on the day of booking and ends at the end of the day preceding the same calendar day in the following month. For example, if the trial month begins on 27 February, it ends on 26 March.

 

The trial subscription may be cancelled up to and including the final day of the trial month. If it is not cancelled in due time, it will automatically convert, upon expiry of the trial month, into the paid Digital subscription agreed when the order was placed. The applicable terms shall be communicated before the order is completed.

 

For Campus trial access agreed individually through the sales department, no automatic conversion into a paid subscription shall occur. A subsequent paid Campus subscription requires a separate agreement.

 

 

Section 9 Special Provisions for Subscriptions

I. Additional Provisions for Subscriptions for Entrepreneurs within the Meaning of Section 14 BGB

 

(1) Subscriptions with an agreed minimum term (i.e. subscriptions concluded for a fixed period whose term automatically renews after the minimum term unless properly cancelled) may be cancelled in writing with four weeks’ notice to take effect at the end of the minimum term. The minimum term may not exceed two years. If the subscription is not cancelled, the term shall be extended by one year.

 

(2) Subscriptions with an agreed fixed term (i.e. subscriptions concluded for a fixed period whose term does not automatically renew) may not be ordinarily terminated and shall end automatically upon expiry of the fixed term. The fixed term may not exceed two years.

 

(3) In the event of relocation or other changes, we ask you to notify us without undue delay so that delivery can continue correctly, as postal forwarding orders do not apply to magazines.

 

(4) The annual subscription price shall be due upon conclusion of the subscription.

 

(5) Cancellation may be declared using the cancellation and withdrawal form linked on our websites. To do so, the buyer selects the “Cancellation” option and submits the form. A cancellation may also be declared by other means, for example by email or letter.

 

The statutory right to extraordinary termination for good cause shall remain unaffected.

 

II. Additional Provisions for Subscriptions for Consumers within the Meaning of Section 13 BGB

 

(1) Subscriptions with an agreed minimum term (i.e. subscriptions concluded for a fixed period whose term automatically renews after the minimum term unless properly cancelled) may be cancelled with four weeks’ notice to take effect at the end of the minimum term. The minimum term may not exceed two years. If a subscription is not cancelled at the end of the agreed minimum term, it shall be extended for an indefinite period. It may then be cancelled by either party at any time with one month’s notice. Subscribers shall be reimbursed for advance payments to the extent that such payments were made for periods after the end of the subscription.

 

(2) Subscriptions with an agreed fixed term (i.e. subscriptions concluded for a fixed period whose term does not automatically renew) may not be ordinarily terminated and shall end automatically upon expiry of the fixed term. The fixed term may not exceed two years.

 

(3) In the event of relocation or other changes, we ask you to notify us without undue delay so that delivery can continue correctly, as postal forwarding orders do not apply to magazines.

 

(4) The annual subscription price shall be due upon conclusion of the subscription.

 

(5) Cancellation may be declared using the cancellation and withdrawal form linked on our websites. To do so, the buyer selects the “Cancellation” option and submits the form. A cancellation may also be declared by other means, for example by email or letter.

 

The statutory right to extraordinary termination for good cause shall remain unaffected.

 

 

Section 10 Use of Digital Content and Websites

(1) Digital content is provided for online reading via the websites of DETAIL Architecture GmbH within the scope of services agreed in each case. Paid content requires an appropriate subscription or other authorisation to access it.

 

(2) Where a personal customer account is required for use, the buyer must protect the access credentials against unauthorised access by third parties. Sharing access credentials or jointly using a personal account is not permitted. The respective agreed access authorisations apply to Office and Campus subscriptions.

 

(3) Access to digital content permits use within the agreed scope. Copyrights and other intellectual property rights in the content remain with the respective rights holders.

 

(4) Digital content is provided for online reading. A download function is not part of the subscription. Systematic reproduction or storage of the content, as well as its disclosure to third parties or making it publicly available, is not permitted without the prior consent of DETAIL Architecture GmbH. Uses permitted by law shall remain unaffected.

 

(5) Where free functions of the websites are offered, in particular a personal customer account or a bookmark list, they may be used within the scope made available in each case. There is no entitlement to the permanent and unchanged provision of individual free functions.

 

(6) DETAIL Architecture GmbH may temporarily restrict access to a customer account where necessary to remedy technical faults, carry out required maintenance work or avert specific security risks. The buyer’s statutory and contractual claims shall remain unaffected.

 

(7) In the event of material breaches of the agreed terms of use, DETAIL Architecture GmbH may take appropriate measures in accordance with the statutory provisions. The buyer’s statutory rights shall remain unaffected.