General Terms & Conditions
General Terms and Conditions
of Huckberg GmbH for the online magazine
“Board Journal”
1) Scope and Contractual Partners
The following General Terms and Conditions (“GTC”) apply to all subscription contracts (periodically updated digital offerings), to time access contracts (e.g. monthly or annual pass for existing fee-based content) as well as individual sales of digital content with regard to the online magazine “Board Journal” operated by Huckberg GmbH (“Huckberg”) on the website www.boardjournal.net.
Huckberg hereby expressly contradicts the customer’s general terms and conditions.
The customer’s contractual partner is Huckberg GmbH, Westerbachstraße 28, D-61476 Kronberg im Taunus; Registration court: AG Königszein HRB 16123 Authorized representative: Dr. Rüdiger Theiselmann.
2) Ordering and Conclusion of Contract
The order is a binding offer that Huckberg can accept. There is no entitlement to conclude a contract. Huckberg may refuse orders without giving reasons. The contract is concluded at the earliest with the sending of the order confirmation, but at the latest with receipt of or access to the ordered product.
3) Deployment
The online magazine “Board Journal” is currently made available via Huckberg’s website www.boardjournal.net . Huckberg is free to discontinue or relocate this website and to remove individual content from the offer at any time or to change it subsequently.
4) Access security
Access to the digital content of the Board Journal is only possible after registration with username and password. Access is personal and limited to one user. The user is obliged to keep the access data secret and not to pass them on to third parties. In the event of use by third parties, Huckberg is entitled to claim the customer for all consequences, for damages and for remuneration in accordance with the current price list. In this case, Huckberg is also entitled to terminate the contract without notice. Further claims are reserved.
Huckberg has the right to technically secure the personal use of the digital content of the Board Journal and the contractual use by the customer. This can be done, for example, by restricting parallel or time-shifted use to a certain number of devices (e.g. one device at the same time and/or three devices in general). Huckberg is also entitled to restrict retrieval regionally (geoblocking) and to use other technologies to secure personal use.
5) Copyright and rights of use
All contents of the Board Journal are protected by copyright and may only be used for private or other own, non-commercial or non-commercial purposes without the express consent of Huckberg, at least in text form. Any further use of the content, in particular any duplication, storage, distribution, making available to the public, etc. for commercial and/or commercial purposes, as well as storage in database systems or use within presentations in commercial operations, publication on the Internet or intranet as well as passing on content or granting rights to third parties, is prohibited and requires prior express consent von Huckberg. In order to protect its rights, Huckberg is entitled to sign digital content with invisible watermarks.
In the event of use of the content contrary to the above provisions, Huckberg is entitled to hold the customer liable for all consequences, including all claims, in particular claims for damages by third parties, asserted against Huckberg, as well as for remuneration in accordance with the current price list. Huckberg is also entitled to terminate contracts without notice. Further claims are reserved.
6) Payment
The subscription price is due in advance immediately after receipt of the invoice in accordance with the agreed payment rhythm. By providing an e-mail address when ordering, the customer agrees that the invoice will be sent to him at his e-mail address.
If payment is not made by the deadline specified in the invoice at the latest, the customer will be in default without further reminder in accordance with Section 286 (3) of the German Civil Code (BGB). The same applies if an agreed debit from the customer’s account fails for reasons for which the customer is responsible. For each reminder by Huckberg after the occurrence of default, the customer must pay a reminder fee of € 5.00 to Huckberg. The customer is free to prove that no or only significantly lower costs have been incurred.
In the event of default by the Client, Huckberg shall be entitled to block the Client’s access to the online magazine “Board Journal” until the outstanding amount has been paid in full.
7) Price adjustments
Huckberg is entitled to adjust the subscription price for the use of the online magazine “Board Journal”. The announcement of the price adjustment will be made on the website www.boardjournal.net.
In the event of price increases of more than 10%, the customer is entitled to an extraordinary right of termination at the time of the effective date. Huckberg must receive the notice of termination within one month of notification of the price increase.
8) Termination of the contract
Fixed-term subscriptions and online time access end at the agreed time without the need for cancellation. Otherwise, subscriptions and online time access will continue to run even after the expiry of a minimum subscription period, unless they are terminated at least one month before the end of the initially scheduled contract period and unless otherwise agreed. The notice of termination must be addressed to:
Huckberg GmbH
Westerbachstraße 28, D-61476 Kronberg im Taunus
(also by e-mail to subscriptions [at] boardjournal [dot] net)
Subscription contracts are usually automatically renewed for an indefinite period of time, although the customer can cancel them at any time with one month’s notice. For subscription periods that have already been paid, the subscription will continue to be delivered after cancellation has not been declared via the online cancellation form, unless the customer expressly requests immediate termination and a pro-rata refund of the payment.
Depending on the offer specified in the terms of delivery, online time access is extended by a period of use of one month and can be terminated at any time by observing the notice period of 24 hours to the end of the current period. There will be no refund of time access prices
9) Data and data protection
The customer represents and warrants that all data provided by him is truthful and complete. The customer undertakes to notify Huckberg immediately of any changes to his contract data (in the online dashboard or by e-mail to subscriptions [at] boardjournal [dot]). Changes to the delivery address must be communicated at least four weeks in advance. The customer agrees that postal service providers may notify Huckberg of any changes of address of the customer. In particular, Huckberg assumes no liability for missing or delayed deliveries due to non-transmission of changed delivery addresses.
When processing and using data, Huckberg always takes into account the interests of its customers that are worthy of protection in accordance with the legal provisions. Huckberg processes the personal customer data in accordance with Art. 6 para. 1 sentence 1 lit. b) GDPR for the purpose of contract processing and, if necessary, also passes it on to service providers (e.g. data collectors, deliverers). If credit checks are required for selected measures, data may be exchanged with relevant service providers. In doing so, the legitimate interests of the data subject are safeguarded, there is the right to information about the logic of the decision, to express one’s own point of view and to contest the decision. For the duration of the storage of personal data, the respective statutory retention period applies, in particular for the fulfilment of tax obligations (Art. 6 para. 1 lit. c GDPR). In addition, Huckberg processes and uses the personal data of its customers in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR for its own advertising and market research and, if necessary, for marketing purposes of third parties. Personal customer data will be transmitted to third parties without the express consent of the customer exclusively for postal advertising purposes (no e-mail or telephone advertising) and, of course, only within the legally permissible framework.
The customer may object to the processing (including transmission) as well as the use of his personal data for advertising or market research purposes at any time by sending a short message to Huckberg (by e-mail: subscriptions [at] boardjournal [dot]; by post to the above address). Any objection has no influence on the validity of the contract. To this end, the customer can request information about and correction of the data stored about him at any time, if necessary also restriction of processing, deletion and blocking of the data as well as transfer to him. The data protection officer can be reached by writing to Huckberg, Password Data Protection, Westerbachstraße 28, D-61476 Kronberg im Taunus or by e-mail to datenschutz [at] boardjournal [dot] net. If Huckberg does not comply with the request within the statutory deadlines or insufficiently, a complaint can be lodged with the competent supervisory authorities. The responsible committee is “The Hessian Commissioner for Data Protection and Freedom of Information” (https://datenschutz.hessen.de/kontakt).
Supplementary data protection conditions (www.boardjournal.net/datenschutz) apply to the use of our digital services.
10) Right of withdrawal for subscriptions
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Cancellation You have the right to revoke subscription contracts within 14 days without giving reasons. The withdrawal period is 14 days from the day on which the first issue was made available to you for retrieval or on which you or a third party named by you, who is not the carrier, took possession of the first goods. To exercise your right of withdrawal, you must contact us (postal address: Huckberg GmbH, Westerbachstraße 28, D-61476 Kronberg im Taunus; e-mail: subscriptions [at] boardjournal [dot] net) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form for this, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. There is no right of revocation for the immediately usable time accesses and individual purchases. Consequences of revocation If you withdraw from a Subscription Agreement, we shall reimburse you for all payments we have received from you without undue delay and at the latest within 14 days from the day on which we receive the notification of your withdrawal from this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. Withdrawal form If you wish to withdraw from the contract, please fill out this form and return it to: Huckberg GmbH I/we hereby withdraw (*) from the contract entered into by me/us (*) for the provision of the following services (*): ___________________________________________________ ___________________________________________________bestellt on (*) / received on (*) ___________________________________________________Name of the consumer(s) ___________________________________________________Anschrift of the consumer(s) ___________________________________________________Ort, Date ___________________________________________________Unterschrift of the consumer(s) (*) Please delete as appropriate |
11) Final Provisions
Huckberg reserves the right to change these Terms and Conditions for Subscriptions at any time. Huckberg announces significant changes, such as price adjustments, so that the customer can make use of an extraordinary right of termination if necessary.
The legal relationships between Huckberg and the customers are exclusively governed by the law of the Federal Republic of Germany. The place of jurisdiction is, as far as permissible, Königstein im Taunus. Should individual provisions of these General Terms and Conditions be invalid, the remainder of the contract shall not be affected.
Via http://ec.europa.eu/consumers/odr/, the European Commission runs a platform for out-of-court online dispute resolution (so-called ODR platform).
Version: Version 1.0 as of January 21, 2025