General Terms and Conditions

General Terms and Conditions of DWA

1. Scope: The General Terms and Conditions are part of the contractual relationship between the DWA and the customer relating to orders by post, telephone, fax, email or via the website www.dwa.de. Deviating conditions are only recognised by the DWA if their application has been expressly agreed to in advance.

 

2. Conclusion of Contract: The sales contract comes into existence through the customer’s order and the delivery of the goods. The customer’s contractual partner is the German Association for Water, Wastewater and Waste (DWA), Theodor-Heuss-Allee 17, 53773 Hennef, Germany, tel. + 49 2242 872 333, fax: + 49 2242 872 135, e-mail: info@dwa.de. Register of Associations, District Court of Bonn, number 20 VR 35 05, VAT ID: DE 123 381 953.

 

3. Prices and Delivery Costs: Our prices are final prices in EUROS. They include the current statutory value added tax. A flat rate of EUR 4.95 (abroad: EUR 5.85) is charged for shipping. On orders of fifty copies or more, shipping is charged according to cost. Customers receive an invoice on delivery, or after obtaining the goods by electronic means. Payments may be made by bank transfer, cheque or Visa / MasterCard. In special cases (such as deliveries abroad) the DWA reserves the right to demand cash on delivery or payment in advance.

 

4. Delivery: The DWA assumes no liability for damage in transit.

 

5. Payment: The invoice is due without deductions within fourteen days of the invoice date. In case of default of payment, collection expenses and the statutory default interest are charged.

 

6. Reservation of Title: The DWA reserves title to all goods delivered until full payment has been received.

 

7. Cancellation Policy Cancellation Right:

You may cancel your contractual Statement; please observe the legal information provided on sheet 2. The reverse side of sheet 2 provides you with a sample cancellation form which can be used to exercise your right of cancellation.

 

In case of a sales contract for one product or a sales contract for several products that were delivered to you together, you may cancel the contract concluded by you in accordance with the following provisions:

 

Cancellation policy

Right of cancellation

 

You have the right to cancel this contract within fourteen days without giving any reason.

 

The cancellation period is fourteen days from the date on which you or a third party named by you, other than the carrier, took possession of the products.

 

To exercise your right of cancellation, you need to inform us,

 

DWA German Association for Water, Wastewater and Waste, Theodor-Heuss-Allee 17, 53773 Hennef, Germany, Tel.: + 49 2242 872 333, Fax: + 49 2242 872 100, Email: info@dwa.de

 

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. For this purpose, you can use the attached sample cancelation form which is, however, not mandatory. In order to observe the cancellation period, it is sufficient for you to send the statement that you wish to exercise your right of cancellation before expiry of the cancellation period.

 

Effects of cancellation: If you cancel this contract, we are to refund all the payments that we have received from you, including delivery costs (with the exception of any additional costs arising if you have chosen a type of delivery other than the cheapest standard delivery offered by us) without delay, and at the latest within fourteen days from the date on which we receive the notification of your cancellation of this contract. For this refund, we use the same method of payment that you used in the original transaction, unless explicitly agreed otherwise with you. You will, under no circumstances, be charged for this refund. We may withhold the refund until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.

 

You are to send back or hand over the goods promptly, and under no circumstances later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods back before expiry of the period of fourteen days. You bear the direct costs of returning the goods. The costs are estimated at a maximum of approx. € 50.00 EUR. You only need to pay for any loss in value of the goods, if the loss in value is due to any handling of the goods which was not necessary to ascertain their nature, characteristics and functioning.

Exclusion of the right of cancelation: For digital goods and downloads, the right of cancellation expires on commencement of the download. In addition, there is no right of cancellation for the delivery of software if the data carriers delivered have been unsealed by the consumer.

 

In case of a contract for several products ordered by you within the framework of a single order and which have been delivered to you separately, you may cancel the contract concluded by you in accordance with the provisions set out below:

 

Cancellation policy

Right of cancellation

 

You have the right to cancel this contract within fourteen days without giving any reason.

 

The cancellation period is fourteen days from the date on which you or a third party named by you, other than the carrier, took possession of the last products.

 

To exercise your right of cancellation, you need to inform us,

 

DWA German Association for Water, Wastewater and Waste, Theodor-Heuss-Allee 17, 53773 Hennef, Germany, Tel.: + 49 2242 872 333, Fax: + 49 2242 872 100, Email: info@dwa.de

 

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. For this purpose, you can use the attached sample cancelation form which is, however, not mandatory. In order to observe the cancellation period, it is sufficient for you to send the statement that you wish to exercise your right of cancellation before expiry of the cancellation period.

 

Effects of cancellation: If you cancel this contract, we are to refund all the payments that we have received from you, including delivery costs (with the exception of any additional costs arising if you have chosen a type of delivery other than the cheapest standard delivery offered by us) without delay, and at the latest within fourteen days from the date on which we receive the notification of your cancellation of this contract. For this refund, we use the same method of payment that you used in the original transaction, unless explicitly agreed otherwise with you. You will, under no circumstances, be charged for this refund. We may withhold the refund until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.

 

You are to send back or hand over the goods promptly, and under no circumstances later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods back before expiry of the period of fourteen days. You bear the direct costs of returning the goods. The costs are estimated at a maximum of approx. € 50.00 EUR. You only need to pay for any loss in value of the goods, if the loss in value is due to any handling of the goods which was not necessary to ascertain their nature, characteristics and functioning.

 

Exclusion of the right of cancelation: For digital goods and downloads, the right of cancellation expires on commencement of the download. In addition, there is no right of cancellation for the delivery of software if the data carriers delivered have been unsealed by the consumer.

 

In case of a contract for regular delivery of products over a specified period of time (subscription), you may cancel the contract concluded by you in accordance with the provisions set out below:

 

Cancellation policy

Right of cancellation

 

You have the right to cancel this contract within fourteen days without giving any reason.

 

The cancellation period is fourteen days from the date on which you or a third party named by you, other than the carrier, took possession of the first products.

 

To exercise your right of cancellation, you need to inform us,

 

DWA German Association for Water, Wastewater and Waste, Theodor-Heuss-Allee 17, 53773 Hennef, Germany, Tel.: + 49 2242 872 333, Fax: + 49 2242 872 100, Email: info@dwa.de

 

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. For this purpose, you can use the attached sample cancelation form which is, however, not mandatory. In order to observe the cancellation period, it is sufficient for you to send the statement that you wish to exercise your right of cancellation before expiry of the cancellation period.

 

Effects of cancellation: If you cancel this contract, we are to refund all the payments that we have received from you, including delivery costs (with the exception of any additional costs arising if you have chosen a type of delivery other than the cheapest standard delivery offered by us) without delay, and at the latest within fourteen days from the date on which we receive the notification of your cancellation of this contract. For this refund, we use the same method of payment that you used in the original transaction, unless explicitly agreed otherwise with you. You will, under no circumstances, be charged for this refund. We may withhold the refund until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.

 

You are to send back or hand over the goods promptly, and under no circumstances later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods back before expiry of the period of fourteen days. You bear the direct costs of returning the goods. The costs are estimated at a maximum of approx. € 50.00 EUR. You only need to pay for any loss in value of the goods, if the loss in value is due to any handling of the goods which was not necessary to ascertain their nature, characteristics and functioning.

 

Exclusion of the right of cancelation: For digital goods and downloads, the right of cancellation expires on commencement of the download. In addition, there is no right of cancellation for the delivery of software if the data carriers delivered have been unsealed by the consumer.

 

8. Costs in Case of Voluntary Acceptance of Returned Goods: If, without being legally obliged to do so, the DWA voluntarily takes back individual publications at the request of the buyer, we may require the buyer to pay a lump sum of 10 % of the invoice amount, but at least EUR 15.00 for the work expended.

 

9. Data Protection: As a part of its business activities, the DWA uses a data processing system. Your personal data is stored and processed by us in automated procedures according to § 28 of the German Data Protection Act (BDSG). You may revoke the use of your data for the purpose of advertising or marketing and opinion research at any time. Further information can be found in the Internet at www.dwa.de, under “Privacy Statement”. A data protection officer has been appointed.

 

10. Other Provisions: German law applies exclusively. Should a provision be invalid or unenforceable, it is replaced by the relevant statutory provision. If the customer is a merchant within the meaning of the German Commercial Code, a special fund under public law or a corporate body under public law, Bonn is the exclusive place of jurisdiction. The place of performance is Bonn.

 

Further Terms and Conditions for the Sale of Online Products

1. Subject Matter of the Contract: The subject of these Further Terms and Conditions are all contracts between the DWA and customers (users) relating to online products of the DWA. Online products are contents which are delivered to the user via electronic transmission. Before the purchase of a product that is subject to charges, the binding purchase price is shown. By clicking the download button the user agrees to purchase the content offered. By so doing, the sales contract comes into existence. The delivery of the data by the DWA to the user is considered complete once the user has gained access to the data provided. The DWA’s responsibility for the data transfer ceases at this point. The General Terms and Conditions of the DWA apply exclusively.

 

2. Access Authorisation:The user registers with the DWA providing his complete and correct data. The DWA sets up online access authorisation for the user and notifies the user of his username and password. The user is able to use the services offered in accordance with his status (DWA member, committee member, customer, etc.). If the data provided should change, the user is to enter the correct data promptly under “Personal Profile” on the DWA-Direkt platform. The DWA reserves the right to temporarily or permanently deny access, particularly in case of violations of the terms and conditions.

 

3. System Requirements: The DWA supplies all data in form of PDF files. Software to display the data is not part of the delivery. The user is to meet the requirements for use of the data at his own cost and risk. The DWA reserves the right to change the technical requirements. We endevour to keep technical changes to a minimum.

 

4. Rights:The data supplied is protected by copyright. The user has the single and non-transferrable right to use the downloaded documents of the DWA Rules and Standards and further publications at a single workstation. If the user has purchased multiuser licences, he is permitted to use the downloaded documents for his own purposes within a company-internal network. The user may use the downloaded data exclusively for his own purposes. This use includes saving a permanent copy of the data as well as producing single hardcopies within the strict limits of the copyright. The DWA reserves the right to limit the extent and number of copies and printouts in an appropriate manner. Transmission of the data to third parties in whole or in part on electronic storage media, by remote data transmission, as hard-copies or on other media as well as creating access for third parties to the saved data and feeding the data into a local retrieval system/intranet as well as commercial information brokering are not permitted. Any translation, amendment, adjustment or any other altering of the data is only permitted with the DWA’s explicit consent. The DWA reserves the right to investigate in case of suspicion of incorrect use or other violations of contract, and to take appropriate measures or to ban the user. Any claims for damages remain unaffected.

 

5. User Obligations: The user is obligated to only use the download in an appropriate manner. He undertakes not to make incorrect use of the access possibilities and take account of the recognised principles for the protection of data security. He is to report any indication of improper use to the DWA without delay. The user bears the costs of the terminal equipment and the telecommunication charges.

 

6. Confidentiality:The user is responsible for ensuring that unauthorised third parties do not gain access to the user’s login information or to copies created by him or authorised additional users, and that they do not gain unauthorised knowledge of the content of the data in the database. The transfer of the username and/or password is not permitted. All orders are fundamentally invoiced to the holder of the password.

 

7. Use: The download is provided by the DWA against payment. The respective purchase conditions are to be taken from the price information. The contract is considered fulfilled once the user has gained access to the data provided online.

 

8. Period of Use: Once purchased, the documents are available for download for an unlimited time. All documents purchased by the user are listed in the section “Your Downloads”.

 

9. Liability: The DWA is only liable – for whatever legal reason – for intent and gross negligence. This does not include damage resulting from injury to life, limb or health, provided that the DWA is responsible for the breach of duty. The DWA is not liable for completeness of the content of the data. Based on the current state of technology, no guarantee for error-free data can be given.