Special Terms and Conditions for MICHEL Online Services

Please note: Unless otherwise noted, only a German-language interface is available for all products offered. If you are not sure about the languages available, please ask!

 

§ 1 Provider and scope of application

(1) The provider is: the publishing house Schwaneberger Verlag GmbH, Industriestr. 1, D-82110 Germering; Telephone: + 49 (0) 89 32393-02, Telefax: + 49 (0) 89 323 93 248, E-Mail: vertrieb@michel.de; Managing Director: Hans W. Hohenester (in the following context referred to as Publishing House). This mailing address, telephone number and e-mail address also apply to the Customer Service.

(2) Scope of application: These Special Terms and Conditions apply to the subscription to MICHEL Online or the prepaid purchase of credits for MICHEL Online in the MICHEL Online-Shop as well as to the use of the MICHELapp. The Special Terms and Conditions also apply as a supplement to the General Terms and Conditions (referred to as Terms and Conditions in the following context). These Special Terms and Conditions shall apply primarily if there are any deviations.

 

§ 2 Closing of contract

(1) Instead of the provisions of § 2 of the Terms and Conditions, the following provisions shall apply in regards to the closing of the contract.

(2) The presentation of the services provided on the website does not yet constitute an offer but merely an invitation to place an order. Users must create a user account in order to gain access to MICHEL Online or the MICHELapp. Subscriptions and credits for MICHEL Online as well as other products may be placed into the shopping cart. Clicking on the button “Checkout” will activate the order process. The user can review all data before submitting a binding declaration of intent to enter into a contract by clicking on the button “Confirm purchase“. Up to this point the user can jump back at any time to correct his/her data or break off the ordering process by closing the browser window. The Publishing House will confirm without delay that the order has been received and is accepted. At this point the contract will become effective.

(3) If a credit card is used for payment: After the order has been sent, the user will be transferred to the page of the payment service provider Computop and must enter his/her credit card data there in order to activate the payment.

If the payment is made by PayPal: After the order has been sent, the user will be transferred to the PayPal log-in and must activate the payment by PayPal.

(4) After the payment has been made, the user will automatically return to the confirmation page of the MICHEL Online Shop. The user account will be activated automatically. When the account has been activated, the user will receive a password by e-mail, which is required in order to log in to MICHEL Online.

(5) If the payment process fails, the Publishing House shall be entitled to temporarily block the user account or – after a reasonable grace period has expired without receipt of payment – to block the account permanently and withdraw from the contract.

 

§ 3 Services provided by the Publishing House

(1) The services provided in the form of MICHEL Online consist of an electronic MICHEL reference work for various collection areas that may be used by collectors and dealers. In addition, MICHEL Online provides administrative functions for data stocks. MICHEL Online includes data from the following titles: Germany, Europe, Overseas. Currently the MICHEL Online for Stamps contains the European collection areas of the MICHEL Europe Volumes 1 - 16, overseas territories of the MICHEL Volumes 1 - 20, and German collection areas of MICHEL Germany. There is also a MICHEL Online for coins.

(2) As an additional service, the MICHELapp provides automatic stamp identification. The photo of a stamp can either be directly uploaded into the app from the memory of the terminal device that is being used or created from the app by a terminal device equipped with a camera. In that case the app will directly access the camera of the device. Neither any created nor any uploaded picture files will be used for any other purposes than image analysis and are therefore stored only in the browser buffer.

(3) The free version of the MICHELapp shows a MICHEL image, the corresponding country, caption and the occasion on which it was issued as the result of a successful stamp examination. The paid version of the MICHELapp also shows the MICHEL numbers and price ranges; alternately, subscribers are directly transferred to the respective information provided on MICHEL Online.

(4) Information regarding appraisals

a) Unless stated differently, the appraisals of unused stamps issued up to the year of 1919 (Europe) respectively 1944 (overseas) apply to issues with hinge. In some cases mint quality justifies considerable price increases (beware of regummed or hinge-removed stamps and repairs!). As of the issue year of 1920, respectively 1945, quotations for stamps in mint condition with original gum apply to unused stamps, stamps with hinge require price reductions.

b) All price quotations are standard values in Euros (€) and apply to stamps in mint condition if not explicitly stated differently for individual collection areas. They also reflect the approximate ratio of the value of the stamps to each other. Particulars and exceptions are included in the presentation of individual issues. Single stamps from sets may be more expensive than their MICHEL quotations.

c) Price quotations are based on lists of sales prices provided by stamp dealers and collected data provided by collectors as well as by (federal) work teams in country and abroad.

 

§ 4 User account and login data

(1) The user must treat the user ID and the password for the user account in the strictest confidence and must not give any third parties access to same. The login data must not be misused in any other way either. All cases of misuse of said data will be prosecuted. The user is legally obliged to inform the Publishing House without delay if he/she learns that an unauthorized third party has gained access to his/her login data.

(2) The Publishing House is entitled to temporarily block the user account in case of breach of confidentiality of the access data as well as in the case of reasonable suspicion. If the user has violated his/her obligations in accordance with Para. 1 or has violated the copyrights of the Publishing House (§ 11), the Publishing House shall be entitled to terminate the contract for good cause, including any current subscription, and to permanently block the user account.

(3) The login data will be valid until the user account has been deleted. The account shall be deleted upon the user’s request. The Publishing House reserves the right to delete a user account at its own discretion if the user no longer has a valid subscription or any credits and if the user account has not been used for a longer period of time.

(4) Any usage data, such as notes and search lists, generated during the use of MICHEL Online shall be stored permanently in the user account as long as the user account exists (§ 4, Section 3). The user account with the stored data shall  remain active subject to § 4, Section 3, regardless of whether the user has a valid subscription or credits or whether the user switches between the subscription model and the prepaid model or temporarily has neither a valid subscription nor any credits.

 

§ 5 Terms of payment

(1) Notwithstanding § 4 of the Terms and Conditions only the credit card and Paypal payment modes are available (§ 2 Abs. 3).

(2) When purchasing a subscription (§ 10), the subscription fee for one year shall become due in advance, and in the case the subscription is extended, it shall become due again at the start of the new subscription term.

 

§ 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. The Publishing House shall only be liable for any data base contents in the case of gross negligence or intent. 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 that can be expected by the contractual parties as its fulfillment is essential in order to achieve the purpose of the contract); in cases of slight negligence, however, 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 Right of revocation

The user shall have the right of revocation within 14 days (Section c of the information about the right of revocation).

If the user has explicitly agreed to the contract being executed prior to the end of the revocation period, the right of revocation shall expire prematurely, i.e. as soon as the Publishing House starts to execute the contract (activation of the user account). The user shall be informed of same prior to sending his/her order and must explicitly confirm that he/she has been informed about the expiration of his/her right of revocation.

 

§ 8 Purchase of prepaid credits

(1) If the Publishing House offers single credits for the use of MICHEL Online against payment (prepaid purchase), the following provisions shall apply. The user shall not be entitled to the offer of any prepaid purchases; in particular, the Publishing House may decide at its own discretion that the user can make use of that offer only once.

(2) Purchased credits will be credited to the user’s credit in his/her user account immediately after they have been purchased. As long as the user has credit, he/she can use the whole range of functions provided by MICHEL Online.

(3) If the balance is down to zero, the user shall have no more access to MICHEL Online until he/she either purchases new credits or a subscription (§ 11). If the user has a balance when purchasing a subscription, that balance shall remain; the credits will not expire but may be used after the subscription has run out.

(4) The user can cash credits as follows: One credit will be deducted from the balance every time the user (a) initiates a search request via the search mask or (b) calls up the detailed information about a set of stamps in the search results. The latter may be done via the list display directly after the search or by browsing back and forth within the search results.

(5) Credits are principally valid without any limitations. However, the Publishing House shall be entitled to announce any given time that the option of using MICHEL Online with credits will be discontinued. In that case any credits still in the user’s balance shall become invalid three years after the end of the year in which said credit was acquired. After the credits have become invalid, the Publishing House shall be entitled to refuse to cash any credits.

 

§ 9 Testing MICHEL Online for free

(1) The Publishing House offers free credits to users at its own discretion, for instance when registering a user account. Free credits cannot be used without a user account.

(2) The provisions in § 9 shall apply accordingly to free credits. The Publishing House merely reserves the right to set a shorter period of validity for free credits. The free credits may be cashed the same way as purchased credits, enabling users to test the full range of functions provided by MICHEL Online.

 

§ 10 Term and termination of subscription

(1) A subscription has an initial term of one year. After the initial term expires, the subscription continues to run. The subscription can then be canceled at any time. In both cases, the notice period is one month.

(2) A subscription fee paid in advance will be credited to the user pro rata temporis immediately upon termination of the subscription. The user can provide the publisher with bank details at any time and request payment of his credit balance.

 

§ 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.

Schwaneberger Verlag GmbH expressly reserves the right to use its content for text and data mining within the meaning of § 44b UrhG.

(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

The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr. Our e-mail address is info@michel.de. We are neither legally obliged nor principally willing to participate in the settlement of disputes by an arbitration board.