Terms of purchase
Below you will find the terms of purchase of Arvato. These terms have the purpose to control the rights and obligations of the concluded contractual relationships of Arvato with its suppliers.
Arvato Distribution GmbH General Terms and Conditions Governing the Free Provision of Downloads
§ Section 1 Scope of Applicability
- These General Terms and Conditions shall apply to any and all legal relationships established between Arvato Distribution GmbH (hereinafter referred to as “Arvato Distribution GmbH,” “we” or “us”), based in An der Autobahn 22, 33333, Gütersloh, Germany, and the commercial user as part of free downloads of white papers, studies, business solution papers, reference cases and press releases (hereinafter referred to as “Downloads”), including when the portals are accessed outside of the Federal Republic of Germany.
- The free provision of downloads is aimed solely at consumers of at least 18 years of age who are considered merchants as defined by Section 4 Paragraph 1 of the German Civil Code (Bürgerliches Gesetzbuch [BGB]).
- The contract language is German.
- Any conditions of the user’s that deviate from these Terms and Conditions shall not apply. The same shall apply even if Arvato Distribution GmbH does not expressly object to such deviating terms and conditions.
- We are subject to the following Code of Conduct: https://www.bertelsmann.com/corporate-responsibility/compliance/code-of-conduct/
§ Section 2 Subject Matter of the Contract, Scope of Services
The subject matter of these contractual terms and conditions is the provision of free downloads to the user. In order to provide individual downloads, we need the user’s email address at a minimum. This user data is not used for other purposes unless the user agrees to receive personalized advertising from the Arvato Supply Chain Solutions group of companies. Agreeing to this is done on a voluntary basis and is not mandatory in order to receive the free download. Neither is such personalized advertising part of these contractual terms and conditions.
The free downloads provided are legally protected. With respect to the contractual partner, the copyrights, patent rights, trademark rights and all other ancillary copyrights to the product are held exclusively by Arvato Distribution GmbH. Where third-party rights are involved, Arvato Distribution GmbH has obtained the appropriate rights of use.
Separate contracts shall be concluded for deliveries and services of any other kind.
§ Section 3 Conclusion of Contract
The contract shall be concluded by virtue of Arvato Distribution GmbH providing the user with the option to access and immediately save the product by embedding an online form with an integrated download button connected to the free product. In addition to being informed of these T&Cs, the user shall also be informed of the Privacy Notice and shall be given the opportunity to consent to receiving personalized advertising via email in addition to and independently of these contractual terms and conditions. Confirmation of receipt as well as an authentication process for verifying your identity and the conclusion of these contractual terms and conditions shall be undertaken when you send us the online form.
You can review and, where necessary, correct the information you provide prior to sending the online form. Review contract conclusion and correct by clicking “Back.”
Upon completion of the authentication process, i.e. once your email address has been confirmed, no binding contract regarding the provision of individual downloads is entered into.
§ Section 4 Place of Performance and Fulfillment
For all services resulting from and in connection with this contract, the place of performance and fulfillment as well as the branch office of the website provider is Gütersloh, Germany.
§ Section 5 User Rights
The user is permitted to save and, where applicable, print the information provided to them. Any copying, dissemination or other use of said information beyond the foregoing shall only be permitted within the narrow confines of the copyright. Unless expressly granted, all rights to the information shall remain with Arvato Distribution GmbH and/or the respective copyright holder(s) or holder(s) of other rights.
The user is entitled to make the necessary backup copies of the download to ensure security. Such backup copies must be stored securely and, where technically feasible, furnished with the copyright notice from the original data storage device. Copies that are no longer needed must be erased or destroyed.
§ Section 6 User Obligations
Both Parties agree that the download shall be provided/granted free of charge and without consideration.
The user shall comply with the Arvato Distribution GmbH Code of Conduct mentioned specifically in Section 1 Paragraph 6 of these Terms and Conditions, and shall conduct themselves accordingly when availing themselves of the free provision of downloads.
§ Section 7 Liability
Arvato Distribution GmbH’s liability to the user for material defects and defects of title with respect to the downloads provided is limited to cases in which Arvato Distribution GmbH maliciously conceals such a defect in the download from the user.
In addition to liability for material defects and defects of title, Arvato Distribution GmbH shall only assume liability if and insofar as the user asserts claims for damages based on intent or gross negligence, including intent or gross negligence by representatives or vicarious agents of Arvato Distribution GmbH.
Content shall be provided to the user subject to availability. Arvato Distribution GmbH shall endeavor to ensure that content is provided to the user free from any errors. Maintenance work, developments and/or errors may limit and/or temporarily disrupt potential use. This may also lead to possible data losses. The user shall not derive any claims for damages or other claims in such cases.
Despite carefully reviewing the information to be provided, Arvato Distribution GmbH is unable to assume liability for its completeness, accuracy and timeliness.
§ Section 8 Data Protection
The Parties shall undertake to comply with the applicable data protection requirements. The Privacy Notice regarding the processing of the user’s personal data when using the services stipulated in this contract is available here.
§ Section 9 Final Provisions
The use and/or provision of content as well as these General Terms and Conditions are subject exclusively to German law in their application and interpretation.
Provided the user is a general merchant, the Parties agree that Gütersloh shall be the place of jurisdiction for any and all claims arising as a result of or in connection with the provision and use of the content.
Should any provision of this contract be or become invalid, the validity of the contract as a whole shall remain unaffected. The respective statutory provision shall apply in place of the invalid or missing provision.
Last updated: April 2019