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General Terms and Conditions

For Membership (GTC Membership)

LÜHRMANN Deutschland GmbH & Co. KG
Neumarkt 9 - 10, 49074 Osnabrück
(Last update: May 2011)


1. General, Field of Application

1.1     Lührmann Deutschland GmbH & Co. KG (Lührmann) is the operator of the www.luehrmann.de website and grants the user access and use of the website as well as further requirements and facilities for a fee. The following General Terms and Conditions for Membership (hereafter: GTC-Membership or GTC) apply to the initiation, drawing up and closure of contracts within the use of the private area (login area) of the www.luehrmann.de website. General Sales Conditions (GSC) apply to orders of the user outside the membership area providing the GTC-Membership have no special regulations covering these.

1.2     The following GTC apply exclusively. Lührmann does not recognise any conditions of the user, which contradict or deviate from our GTC unless we have expressly approved their validity in writing. The following GTC also apply in the event that Lührmann performs its services without reservation in full knowledge of the clients' terms and conditions that are contrary to or deviate from those of Lührmann.

1.3     Contractual partner of the user is:

LÜHRMANN Deutschland GmbH & Co. KG,
Neumarkt 9-10, 49074 Osnabrück


2. Closure of contract, Admission requirements, Registration

2.1     All offers from Lührmann are non-binding.

2.2     The requirement for the use of the website and login area of www.luehrmann.de and the granting of other services is the closure of a user agreement (membership) which requires a fee. The user delivers a contract proposal online by entering the mandatory data in the registration form available on the www.luehrmann.de website and following the registration procedure in accordance with the specifications outlined on the www.luehrmann.de website. The GTC are accepted thereafter by a mouse click and the registration is sent to Lührmann.

2.3     An integral part of the mandatory data is also the choice of access to the Lührmann services. For this purpose, the following options are available:

  • Basic Access,
  • Extended Access,
  • Premium Access.

2.4     Lührmann accepts the contract proposal of the user by a confirmation E-mail sent to the e-mail address provided as part of the registration process. A legal claim to membership does not exist at this stage. Should the requirements for membership not be fulfilled, the user agreement will not become binding. Membership will not apply on the discontinuance of required conditions laid down.

2.5     The user is obliged to provide complete and true data on registration and must update this as necessary. A user is permitted to register once only. Multiple registrations by a user, particularly containing alterations and deviations in spelling and the entry of false or incomplete name and data during registration, are inadmissible. Multiple registrations are also inadmissible if the user is a corporate body and states on registration for example different contact persons, representatives and/or addresses.


3. Duration of Membership, Amendment to Access

3.1     Membership has a duration of one year. It commences on the issue of the invoice: the invoice date is the commencement of the membership. Membership will be extended for a further year unless the user agreement is duly terminated by either party with a period of notice of one month before the end of the current contractual year.

3.2     The right of termination without notice for good cause will remain unaffected for both parties. Good cause for Lührmann in particular exists, when

a) the user suspends payment,
b) the user is in default of payment, including liabilities to pay which exceed membership fees, and despite further reminders, does not make payment within the appropriate deadline,
c) an application for the commencement of insolvency proceedings, or comparable, against the assets of the user for settlement of debt is filed,
d) the user takes the services of Lührmann fraudulently, or violates criminal law, other statutory regulations or accepted principles of morality in its use, or
e) the user violates his obligations of clause 2.5 or clause 6.

With statement of termination without notice, Lührmann is entitled to block access for the user to the services.

3.3     Should the user cancel membership legitimately during the term of contract, he will be free of his liability to pay contributions to the amount of one twelfth of his annual membership fee for every complete month that is earlier than the case of a proper termination at the earliest possible date. Providing he has already paid the annual membership fee for the current contractual year, he will be entitled to a non-interest bearing reimbursement of the sum overpaid. In all other cases, the contributory claim of Lührmann remains and the user has no entitlement to a reimbursement.


4. Activation, Services in the Login Area, Other Services

4.1     The use of the services provided according to clauses 4.2 and 4.3 requires the activation of the user’s membership account. This activation is achieved by entering a personal password, which is communicated to the user by E-mail immediately on full-settlement of his invoice. Use of the aforementioned services is not possible before this activation.

4.2     The user has the possibility, within the scope of his respective access, to download files and data and/or see their content online within the login area without charge or at a charge in accordance with the price list published on the www.luehrmann.de website. Should the goods ordered be unavailable, we reserve the right not to execute the contracted services.

4.3     Furthermore, the user has the possibility, within the scope of his respective access, to order articles at a discounted rate via the delivery service on www.luehrmann.de. The discounted articles concerned are indicated as such and additionally, are stated as the current list price in the price list. Unless otherwise agreed in the GTC-Membership, the General Sales Conditions Independent of the Membership Area apply to orders made by members.


5. Membership Costs, Payment

5.1     Lührmann charges an annual fee for membership to the login area of www.luehrmann.de.

5.2     Payment of the annual fee is due for the first time on conclusion of the user agreement. For subsequent years, payment is due on the first day of each new contractual year.

5.3     Payment of the annual membership fee is each time due within 14 days of the dispatch of the invoice (invoice date), failure to do so will result in default of payment.

5.4     In case of default of payment, Lührmann is entitled to demand the default interest rate for the year in the amount of five percentage points above the base rate from the user. Is the buyer not a user in the sense of § 13 BGB (German Civil Law), then a default interest rate of eight percentage points above the base rate is applied. Lührmann reserves the right to enforce further claims arising due to delay in payments as stipulated in the pertinent laws.

5.5     A user shall be entitled to offset his invoice providing his counterclaim has been legally established or acknowledged or is uncontested. Furthermore, the customer shall be entitled to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.


6. User obligations

The user is not permitted,

  • to apply mechanisms, software or other scripts in connection with the use of the www.luehrmann.de website which may disturb the website or its function,
  • to take or introduce any measure, especially the initialisation of automated processes which can or may have the consequence of placing an unreasonable or unduly heavy burden on the infrastructure of the website www.luehrmann.de,
  • to block, overwrite or modify the content generated by Lührmann or in any other way interfere to disrupt the www.luehrmann.de website.


7. Guarantees and Liability

7.1     Lührmann assumes no liability for technical defects, in particular for the continuous and uninterrupted availability of the services via the Internet and for the complete and perfect reproduction of the contents as far as these defects and their causes are outside the access and sphere of influence of Lührmann.

7.2     Lührmann shall only be liable for any fault of its own and those of its legal representatives and vicarious agents in cases of intent or gross negligence. Lührmann shall be liable in accordance with statutory requirements in the event of breach of material contractual obligations, the absence of guaranteed properties as well as death, personal injury and injury to health. In the case of breach of material contractual obligations by reason of slight negligence, the publisher’s liability shall be limited to compensation to the extent of assessable damage that is typical in these contractual contexts.

7.3     Restrictions in technical communication (e.g. long response times) or disruptions to the Internet, providing they or their cause are not the responsibility of Lührmann, shall not be resolved by Lührmann. Interruptions to services, e.g. due to maintenance work, shall, as far as it is for Lührmann reasonable, be communicated in advance on the www.luehrmann.de website. It is not the responsibility of Lührmann to support the restrictions to availability during the maintenance period: the user is not entitled to any rights or claims owing to the failure or restriction to access from Lührmann. The user is entitled, after a reasonable period of grace, to terminate membership after a sustained failure or restriction to access to the www.luehrmann.de website of more than two weeks in succession.


8. Right of Withdrawal, Consequences of Withdrawal

Insofar as the customer is acting as a consumer in terms of § 13 BGB (German Civil Code), and concludes the contract for a purpose which cannot be attributed to either his commercial or his self-employed professional activities, we wish to point out the following:

  • The languages offered for the conclusion of contracts are German and English.
  • Please refer to the individual product descriptions within the scope of our Internet offers for the main features of the services we offer as well as the period of validity for restricted offers.
  • The presentation of our services does not constitute any binding offer on our part. Only on ordering a service does a binding offer exist in accordance with § 145 BGB (German Civil Law). In the event of acceptance of such an order, we will send an order confirmation to you via E-Mail. A contract between us then comes into effect.
  • Any errors made while placing your order may be identified and corrected at the final confirmation stage of the order and with the help of the delete and change function at any time before sending the order.
  • Should the services ordered be unavailable, we reserve the right not to execute the contracted services.
  • All prices quoted by us are final and include VAT and delivery charges within the Federal Republic of Germany.
  • The price is payable immediately upon ordering.
  • You have the right of cancellation:


    RIGHT OF WITHDRAWAL POLICY

    Right of Withdrawal

    You may revoke your declaration to conclude a sales contract within a period of 14 days in textual form (e.g. by letter, e-mail, facsimile) without stating a reason. The revocation term starts at the earliest, upon receipt of the revocation instructions but not before the conclusion of the contract and not before fulfilling our information requirements due to article 246 § 2 in conjunction with § 1 sections 1 and 2 EGBGB (Introductory Law to the Civil Code). For the preservation of the revocation period the punctual dispatch of the revocation suffices. The revocation must be sent to:

    LÜHRMANN Deutschland GmbH & Co. KG
    Neumarkt 9 - 10
    49074 Osnabrück
    Phone: +49 541 29999-0
    Fax: +49 541 29999-22
    membership@luehrmann.de

    Consequences of Withdrawal

    In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued (e.g. interest) shall be released. Should you be partially or wholly unable to return the goods received from us or only to do so in a deteriorated condition you shall to this extent provide compensation accordingly. This can result in your requirement to fulfil the contractual payment obligations for the period to the cancellation. Any obligation for reimbursement of payments must be fulfilled within 30 days. The stated period of time starts for you with the dispatch of your declaration of cancellation, for us with its receipt.

    Special Information

    Your right of cancellation expires early, if the contract has been fulfilled by both parties at your express request before you have exercised your right to cancellation.

    END OF THE RIGHT OF WITHDRAWAL POLICY


9. Notes on Data Protection and Processing

9.1     Lührmann collects the data of users within the scope of processing the user agreement. Lührmann adheres to the regulations of Germany's Federal Data Protection Law (BDSG) and the German Telemedia Law (TMG).  Lührmann will only collect, process and use personal and inventory data without the consent of the user when this is required for the handling and conclusion of contracts and for the execution of and invoicing of telephone services.

9.2     Personal data will not be used for purposes of advertising and market or opinion research without the consent of the user.

9.3     The logged in user has the possibility to call up and view his stored personal data and then amend or delete at any time by following the path ‘Research - My Data’.

In addition, further information relating to user consent and information regarding data storage, processing and use relating to the Privacy Policy is available on the www.luehrmann.de website in printable form through the button ‘Privacy Policy’.


10. Final Provisions

10.1     The law of the Federal Republic of Germany will apply exclusively, to the exclusion of the CISG (UN sales law).

10.2     Unless otherwise stated in the GTC-Membership or compelling legal regulations stipulate, the user is not permitted to transfer the rights and obligations arising from this contract to a third party.

10.3     If the user is a merchant in the sense of the German Commercial Code, a corporate body under German public law or a specialized agency under German public law, the sole court of jurisdiction - also international - for all direct or indirect disputes arising from the contractual relationship is the registered office of Lührmann in Osnabruck. Lührmann is also entitled to take legal action at the principal place of business of the user.

10.4     Lührmann reserves the right to amend these GTC-Membership. The user will be notified of amendments by E-mail. Such amendments shall be deemed approved, should the user not oppose them in writing or by E-mail within six weeks of notification. Lührmann shall expressly advise the user of this on notification.


Price List
(As of May 2011)

L3
  • 116.62 Euro including VAT and delivery charges

L3 Combined Package
  • 176.12 Euro including VAT and delivery charges

L3 FIFTEEN
  • 57.12 Euro including VAT and delivery charges

CITYFACTS
  • Individual city prints: 23.21 Euro including VAT and delivery charges
  • Individual city prints: 19.64 Euro including VAT and delivery charges
  • Pack of 10 CITYFACTS as PDF: 177.31 Euro including VAT and delivery charges
  • All CITYFACTS in digital format CD-ROM or USB stick: 1,160.25 Euro including VAT and delivery charges


Membership
  • Basic Access (232.05 Euro / year) including VAT
  • Extended Access (1,011.50 Euro / year) including VAT
  • Premium Access (2,320.50 Euro / year) including VAT


Prices for Members in Membership Area:

Basic Access
Free of charge:
  • All Retail Guides in digital format
At discounted rates:
  • CITYFACTS as PDF each city 17.26 Euro including VAT and delivery charges (Normal price: 19.64 Euro)
  • Pack of 10 CITYFACTS as PDF: 153.51 Euro including VAT and delivery charges
  • L3: 104.96 Euro including VAT and delivery charges (10 % discount)
  • L3 Combined Package: 158.51 Euro including VAT and delivery charges (10 % discount)
  • L3 FIFTEEN: 51.41 Euro including VAT and delivery charges (10 % discount)
 
Extended Access
Free of charge:
  • All Retail Guides in digital format
  • All CITYFACTS in digital format
At discounted rates:
  • All CITYFACTS on USB-Stick / DVD: 446.25 Euro including VAT and delivery charges (normal price: 1,160.25 Euro)
  • CITYFACTS in printed format: 18.56 Euro including VAT and delivery charges (20 % discount)
  • L3: 93.30 Euro including VAT and delivery charges (20 % discount)
  • L3 Combined Package: 140.90 Euro including VAT and delivery charges (20 % discount)
  • L3 FIFTEEN: 45.70 Euro including VAT and delivery charges (20 % discount)

Premium Access
Free of charge:
  • All Retail Guides in digital format
  • All CITYFACTS in digital format
  • Access to Image Database of over 14,000 properties in prime locations
At discounted rates:
  • All CITYFACTS on USB-Stick / DVD: 446.25 Euro including VAT and delivery charges (Normal price: 1,160.25 Euro)
  • CITYFACTS in printed format: 18.56 Euro including VAT and delivery charges (20 % discount)
  • L3: 93.30 Euro including VAT and delivery charges (20 % discount)
  • L3 Combined Package: 140.90 Euro including VAT and delivery charges (20 % discount)
  • L3 FIFTEEN: 45.70 Euro including VAT and delivery charges (20 % discount)

All prices include 19% VAT. There are no additional delivery charges.