Special Terms and Conditions for Use of our Online Services: MICHEL Online and MICHELapp
§ 1 Provider, scope of application, contractual partner
(1) The provider is: Schwaneberger Verlag GmbH, Industriestr. 1, 82110 Germering/Germany; Telephone: + 49 (0) 89 323 93-02, Telefax: + 49 (0) 89 323 93 248, E-mail: firstname.lastname@example.org; Managing Director: Hans W. Hohenester (in the following context: Publisher). Our customer service is also available under this address, telephone number and e-mail address.
(2) Scope of application: These general terms and conditions apply to any orders from the MICHEL Online Shop as well as to any orders of products offered in the publisher’s catalogue. Complementary terms may apply to specific products, such as software, etc.
§ 2 Closing of contract
(1) The description of services provided on the website does not yet represent an offer to conclude a contract but merely the invitation to place an order. In order to gain access to MICHEL Online or the MICHELapp, the user must create a user account. The user may check all data again before issuing his/her binding contract declaration by clicking on the button “Zahlungspflichtig bestellen“ (“binding order“). Up to that point he/she may go back at any time so as to correct his/her data or discontinue the ordering process by closing the browser window. The publishing house will confirm the receipt of the order by e-mail without delay. This confirmation does not yet constitute a declaration of acceptance.
(2) A contract between the user and the publishing house will not become effective until the user‘s account in the customer database of the publishing house is activated. The publishing house reserves the right to conduct a validation; the customer cannot lay claim to the conclusion of a contract. When the account is activated, the user will be assigned a password by e-mail that he/she may use to log in to MICHEL Online. The password will be valid for one year (12 months as of the date the account is activated).
§ 3 Services provided by the publishing house
(1) The services provided by MICHEL Online consist of an electronic MICHEL reference work for various collection areas that may be used by collectors and dealers. Moreover, MICHEL Online provides administrative functions for data stocks. MICHEL Online features data for the following areas: Germany, Europe, Overseas. Currently MICHEL Online Stamps include the European collection areas of the MICHEL Europe volumes 1 - 7, overseas collection areas of the MICHEL volumes 1 - 10 as well as German collection areas of MICHEL Germany. Furthermore MICHEL Online also features coins.
(2) As an additional service, the MICHELapp offers automatic stamp identification. The picture of a stamp can either be uploaded directly from the memory of the terminal device into the app or be taken by a terminal equipped with a camera via the application. For that purpose the app will directly access the camera of the terminal. No picture files that have been taken or uploaded will be used for any other purposes than for that of image analysis and will therefore only be stored in the browser buffer.
(3) As a result of the successful stamp examination, the free version of the MICHELapp shows a MICHEL image, the corresponding country, capture and the occasion on which it was issued. The fee-based version of the MICHELapp also shows the MICHEL number and price range; alternately, subscribers are directly connected to any applicable information provided on MICHEL Online.
(4) Information regarding appraisals
a) Concerning unused stamps up to the year of 1919 (Europe), respectively 1944 (overseas), all appraisals apply to issues with hinges, unless stated differently. Mint quality justifies considerable price increases for some issues (beware of regummed or hinge-removed stamps; also be sure to pay attention to any repairs!). As of the issue year of 1920, respectively of 1945, quotations for stamps in mint condition with original gum apply to any unused stamps; issues with hinges require price reductions.
b) All price quotations are standard values in Euros (€) and apply to stamps in excellent condition, unless explicitly stated differently for any individual collection areas or issues. They also reflect the approximate ratio of the value of the issues to each other. Details and exceptions of some issues are depicted. Some issues of sets can be higher priced than the MICHEL price quotations.
c) Sales price lists provided by stamp dealers and collected data contributed by collectors as well as by (federal) work teams in country and abroad serve as the basis of the assessment for our price quotations.
§ 4 Login data
The user ID and password for the user account must be treated confidentially by the user and must not be made available to any third party. The access date must also not be misused in any other way. All cases of misuse of said date will be prosecuted. If the user learns that his/her login data has become known to any unauthorized third party, he/she must inform the publishing house without delay.
§ 5 Due date of payment, payment, default
(1) The fee will become due after the password has been sent to the user by e-mail. In case of doubt, the transfer log of the publishing house will be conclusive proof that it has been sent out successfully.
(2) The user will be in arrears with his/her payment 30 days after the invoice has been sent by the publishing house. If the user is a consumer (i.e. a natural person who concludes legal transactions for purposes that are mainly neither part of his/her commercial business nor his/her independent professional activities, Section 13, German Civil Code), this shall only apply if the meaning of said deadline has been specifically indicated on the invoice. The legal interest rates for default shall apply; the publishing house reserves the right to claim possibly higher damages.
(3) If the fee has not been paid to the publishing house within 30 days after the receipt of the invoice, the publishing house shall have the right to terminate this contract without notice and to disable the user’s password for any further use, effective immediately.
§ 6 Guarantee and liability
The legal warranty conditions shall apply. The publishing house assumes no guarantee for the correctness of the transmitted data, respectively the data obtained from MICHEL Online or the MICHELapp. Only in the case of gross negligence or intent shall the publishing house be liable for any contents of the database. This limitation of liability shall not apply to any damages to life, limb or health. The limitation of liability shall also not apply in the case of any culpable violation of any cardinal obligation (i.e. any obligation the other party may expect since its fulfillment is required to achieve the purpose of the contract); however, in the case of slight negligence, liability for the violation of a cardinal obligation shall be limited to foreseeable damages. The above limitations shall apply accordingly to the liability of the bodies, agents and employees of the publishing house.
§ 7 Information about the right of cancellation
The customer has the right to cancel the order within 14 days.
The right of cancellation shall expire prematurely if the customer has given his or her explicit consent that the Publisher may start to carry out the order prior to the deadline of the cancellation period as soon as the Publisher has started to carry out the order (activation of the customer’s account). The customer was informed about this provision prior to placing the final order and had to explicitly confirm that he or she had been informed about the expiration of his or her right of cancellation.
Right of cancellation
You have the right to cancel the sales contract within fourteen days without giving reasons for your cancellation.
The cancellation period is fourteen days as of the date on which you or a third party listed by you that is not the deliverer have / has accepted the (last) product.
To exert your right of cancellation, you have to inform us (Schwaneberger Verlag GmbH, Industriestr. 1, 82110 Germering; Telephone: + 49 (0) 89 323 93-02, Telefax: + 49 (0) 89 323 93 248, E-mail: email@example.com) about your decision to withdraw from the contract by means of an unambiguous notification statement (such as a mailed letter, a fax or an e-mail). You may use the enclosed sample cancellation form, which is not mandatory, however.
To keep the deadline for your cancellation, it it sufficient for you to mail your notification of cancellation of order prior to the deadline of the cancellation.
Consequences of the cancellation
If you withdraw from the contract, we must return any payments we received from you, including the costs of delivery (excluding the additional costs that become due if you select another mode of delivery than the low-cost standard delivery offered by us), without delay and no later than fourteen days as of the date we received your notification that you cancel your order. For the return of your payment, we use the same mode of payment you used for the original transaction unless our agreement with you explicitly states a different mode of payment; in no case will you be charged any bank fees for said repayment.
For your notification of cancellation of your order, you may use the following form, which, however is not mandatory:
Sample cancellation form
(Please fill in this form and return it to us if you wish to cancel your order.)
To: Schwaneberger Verlag GmbH, Industriestr. 1, 82110 Germering; Telephone: + 49 (0) 89 323 93-02, Fax: + 49 (0) 89 323 93 248, E-mail: firstname.lastname@example.org:
Herewith I/we (*) cancel the order I/we (*) placed for the purpose of purchasing the following goods (*)/the following service (*)
Ordered on (*)/received on (*)
Name of customer(s)
Address of customer(s)
Signature of the customer(s) (only if your notification is in printed form)
(*) Please delete if not applicable.
§ 8 Information
The text of the contract (contents of the order and these Terms and Conditions) is stored by Schwaneberger Publishing House and transmitted in the e-mail that serves as a confirmation of receipt pertaining to the order.
§ 9 MICHEL Online sample database
MICHEL Online provides a constant sample database with examples that allow the user to get informed about the technical options available on MICHEL Online.
§ 10 Term and termination of subscription
The subscription will continue to run for another year unless it is terminated no later than 2 (two) months prior to the end of the subscription term.
§ 11 Copyright
(1) The publishing house reserves all rights for duplication, distribution and public reproduction. These also include the reproduction and distribution by special processes, such as photomechanical reprints, photocopies, microcopies, electronic data recording, including the programming, storing and transmitting to other data carriers or storage media, as well as the translation into any foreign language. Furthermore this also includes the distribution in parts insofar as the copyright law provides for exceptional quotations or such. This particularly applies to any texts, images (insofar as the copyrights for same are not held by any third parties), MICHEL price quotations and any additional information yet also to the MICHEL numbering of stamps. The use of the MICHEL stamp numbers in dealers’ price lists that are distributed free of charge is authorized. Articles printed with their authors‘ names do not necessarily reflect the opinion of the publishing house.
(2) The software and layout of the MICHELapp are also protected by copyright. Any reproduction and analysis of the programme codes of the software are unlawful.
§ 12 Information regarding the settling of any disputes
We are neither legally obliged nor principally willing to participate in the settlement of disputes by an arbitration board.