(1) NN Publishing GmbH (hereinafter referred to as “NN Publishing” or “we”) provides various services to business clients and consumers (hereinafter also referred to as “contracting parties”). The following terms apply to all contracts between NN Publishing and the contracting party in addition to the specific contractual conditions set out in Sections B and C. Any terms and conditions of the contracting party that conflict with or deviate from these terms will not be accepted by NN Publishing unless expressly agreed otherwise.
(2) Contracts between NN Publishing and the contracting party are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the contracting party is a consumer residing in the European Union, this choice of law shall not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(3) The contract may be concluded in German or English. In case of discrepancies, the German version shall prevail.
(4) If the contracting party is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Berlin. The same applies if the contracting party has no general place of jurisdiction in Germany or if their residence or habitual abode is unknown at the time legal proceedings are initiated.
(5) For business clients, the place of performance shall be the registered office of NN Publishing.
(6) The seller hereby informs the contracting party that it processes data relating to the business relationship with them in accordance with data protection law.
(7) If the contracting party has purchased goods or services from NN Publishing, NN Publishing may send them information about similar goods and services using the email address provided at the time of purchase (§ 7(3) UWG). The contracting party may object to this use of their personal data at any time without incurring any costs other than the transmission costs according to the basic rates.
(8) Should any provision of these terms be or become invalid, in whole or in part, the validity of the remaining provisions shall not be affected.
(9) Consumer dispute resolution: We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
If the contractual partner is a consumer, they are entitled to a right of withdrawal in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are neither attributable to their commercial nor their independent professional activity.
Right of Withdrawal
Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us (NN Publishing GmbH, Uferstraße 6, 13357 Berlin, Germany, Email: hallo@neuenarrative.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for any additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.
You must send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Early Expiry of the Right of Withdrawal
The right of withdrawal shall expire in the case of a contract for the supply of digital content not supplied on a tangible medium if we have begun performance of the contract after you have expressly consented to us beginning performance before the expiry of the withdrawal period and have acknowledged that you thereby lose your right of withdrawal.
Model Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it to NN Publishing GmbH, Reference: “Withdrawal”, Uferstraße 6, 13357 Berlin, Germany, Email: hallo@neuenarrative.de: Download form.
(1) The statutory provisions of German law shall apply to the contractual partner’s rights in the event of defects, unless otherwise stipulated in the contractual terms.
(2) Liability for damages other than those arising from injury to life, body, or health is excluded unless such damages are caused by intentional or grossly negligent conduct by NN Publishing, its legal representatives, or its vicarious agents, or unless there is a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary for the proper performance of the contract and on whose compliance the contractual partner may regularly rely.
(3) This exclusion of liability shall not apply to claims under the German Product Liability Act, in cases of fraudulent concealment of a defect, or where a guarantee as to the quality of the goods has been assumed.
(4) In the event of culpable conduct by NN Publishing resulting in data loss, NN Publishing shall only be liable if the contractual partner has taken all necessary and reasonable data backup precautions and ensured that the data can be reconstructed with reasonable effort from data material kept in machine-readable form.
These terms and conditions of NN Publishing GmbH (hereinafter also referred to as the “Seller”) apply to all contracts for services to be provided to consumers and businesses (hereinafter referred to as “Customers”) concluded via the website https://9spaces.de/.
(1) The contract shall be concluded as follows: The product catalogue presented by the Seller, in particular on the website https://9spaces.de/, does not constitute a legally binding offer. By placing an order, the Customer submits a binding contractual offer. Input errors may be corrected prior to submitting the order using the usual keyboard and mouse functions. By clicking the button completing the binding order, the Customer submits a binding purchase or contractual offer. Upon receipt of the Customer’s offer, an automatically generated email confirming receipt of the order will be sent. This confirmation does not constitute acceptance of the offer. NN Publishing may accept the offer by sending written confirmation (including by email) or by commencing performance of the service and requesting payment. A request for payment shall also be deemed to occur if bank details are provided or the Customer is redirected to a payment service provider.
If several of the above alternatives occur, the contract shall be concluded at the time the first acceptance occurs.
(2) The contract text shall be stored by the Seller and sent to the Customer by email together with the applicable Terms and Conditions.
(1) All prices are stated in euros (€) exclusive of statutory VAT.
(2) Payment may be made in advance by credit card or subsequently by invoice.
(3) Where a SEPA business direct debit procedure has been agreed with a business customer, NN Publishing shall notify the upcoming debit together with the invoice (or via another agreed communication channel) no later than one calendar day before the due date (pre-notification).
(4) Upon publication of a new price list, previous prices shall cease to apply. Existing contracts remain unaffected.
(5) Payments are due immediately. The Customer shall be in default no later than 30 days after the due date and receipt of an invoice or equivalent payment statement.
(1) The Seller retains title to the delivered goods until full payment has been received.
(2) If the Customer is a business, resale abroad requires prior written consent. If resale forms part of ordinary business operations, resale in the ordinary course of business is permitted. Claims arising from resale are hereby assigned to the Seller up to the invoice value of the goods subject to retention of title. The Seller accepts this assignment. The Customer remains authorised to collect such claims provided payment obligations are duly met and no default occurs.
(1) The statutory provisions shall apply to Customers’ rights in the event of defects unless otherwise stipulated below.
(2) If the Customer is a merchant within the meaning of the German Commercial Code, the goods must be inspected immediately upon delivery. Any defects must be reported to the Seller without undue delay and in specific form, no later than three days after delivery. In the case of hidden defects, notification must be made without undue delay after discovery. Failure to comply shall result in loss of warranty rights.
(3) If the Customer is a consumer, the Seller may set a reasonable deadline, not exceeding 14 days, for exercising the right to choose the type of subsequent performance and to submit a declaration, in order to remedy justified complaints without undue delay.
(4) If the Customer is not a consumer, the Seller may choose between remedying the defect or delivering replacement goods. If subsequent performance fails, the Customer may request a reduction in price, withdrawal from the contract, or damages in lieu of performance, except in cases of minor defects. The Seller is entitled to make several attempts at subsequent performance where reasonable.
(5) For business customers, the warranty period shall be one year. Section A.III. applies accordingly.
(6) Restrictions or defects in digital content caused by incorrect operation, hardware, operating system, or system environment of the Customer shall not constitute defects.
These terms apply, in addition to Sections A and B, to all contracts for the acquisition of licences concluded via the website https://9spaces.de/.
The licence terms govern access to and use of the digital content.
In the event of conflicting provisions within these Terms and Conditions, the provisions of this section shall prevail for licence agreements.
(1) Online offers on the platforms do not constitute binding contractual offers. The binding offer within the meaning of contract law is the order placed by the Licensee. The contract is concluded upon notification of activation of the online platforms for the Licensee or upon receipt of the invoice.
(2) The Licensor reserves the right to amend the licence terms. The Licensee will be informed in writing or by email. The amended licence terms shall be deemed agreed unless the Licensee objects within seven days.
(1) Upon full payment, the Licensee receives a non-exclusive, non-transferable, non-sublicensable right to use the 9 Spaces tools limited in time to the duration of the contract (simple licence within the meaning of Section 31(2) German Copyright Act).
The Licensor shall send the Licensee an invoice including a licence certificate authorising commercial use of the content specified in the licence certificate for the stated period, generally 12 months.
(2) The Licensee acknowledges that the licensed subject matter is protected by copyright for the benefit of the Licensor or third parties. This applies both to the online platforms and to the content and other protectable elements accessible through them. Authorship must remain recognisable at all times.
(3) The licensed subject matter may not be publicly reproduced or otherwise made accessible to an unauthorised public beyond the scope defined in the licence terms.
(4) The Licensee is not permitted to remove, alter, or suppress copyright notices, logos, trademarks, other identifiers, disclaimers, or legal reservations contained in the licensed subject matter.
(1) Prices are stated in euros (€) exclusive of statutory VAT.
(2) Payment shall be made exclusively by credit card or invoice.
The Licensor warrants that the licensed subject matter is technically functional and usable but does not guarantee its economic viability. Any work required to achieve market readiness or economic exploitation of the licensed subject matter falls within the Licensee’s area of responsibility. From the date of conclusion of the contract, the Licensor guarantees the continued existence of the intellectual property rights.
The right of withdrawal shall expire once the Licensee has begun using the content, i.e. by accessing the online platforms. As the licensed tools are activated using personalised data and are not suitable for return due to their nature, cancellation after activation is excluded.