Last update: 23.09.2025
1. GTC scope of application
1.1. These general terms and conditions (GTC) shall apply to all declarations of intent, contracts, and legal or legal-like transactions of Handlungen der WIN-Verlag GmbH & Co. KG Chiemgaustraße 148, 81549 Munich (hereinafter “WIN”) with its contracting parties (hereinafter “CP”) for contracts for the subscription of consumers to print media and digital media.
1.2. Terms and conditions of the CP that deviate from or contradict these GTC shall only apply if accepted in writing by WIN. This also applies if WIN performs services without any reservation in full knowledge of said GTC.
1.3. WIN may change these GTC for good cause, whereby this right to change does not apply to essential contractual obligations. The CP shall be notified electronically or in writing of any changes. The CP may object to the updated version within two (2) weeks after said notification. Continuing the contractual relationship without objection after receiving said notification shall count as acceptance of the changes. An unjustified objection to the GTC may constitute grounds for termination without notice in individual cases.
1.4. These GTC are valid in their most recently updated form at the respective point in time of the legal transaction being concluded or the contractual-like relationship being entered. The currently valid version of these GTC can be found at https://legal.vogel.de/en/legal-cockpit-2/win-2/agbwin-abos/
2. Conclusion of contract
Offers from WIN constitute a request to the CP to themselves make an offer for the conclusion of a commission. A commission between the parties is concluded when the CP has presented WIN with a binding offer for the conclusion of a contract at least in writing and the acceptance of the services offered at the included conditions and subject to these GTC has been declared binding by WIN and received by the CP.
3. Contractual relationships and contents
3.1. The scope and content of the services owed by the CP and WIN shall be determined in the commission. The closed commission between WIN and CP is essential for this. WIN does not owe the verification of the legal admissibility of advertising (in particular competition law, labelling law, food law, and pharmaceutical law), if this has not been expressly agreed otherwise in writing.
3.2. The services owed by WIN are hereinafter also uniformly referred to as the “subject of performance“. WIN does not guarantee any commercial success.
3.3. WIN is entitled, at its own discretion, to perform the services itself, to use competent third parties as proxies for the performance of services under the contract, and/or to substitute such services (hereinafter “external services“).
3.4. The contractual agreements between the parties correlate as follows:
- Commission including potential attachments,
- these GTC, respective up to date version,
- legal provisions.
In the event of any contradictions, the contractual bases shall apply in the order listed.
4. Contract term
4.1. The contract term equals the duration of the given subscription period and is automatically extended for another subscription period unless the contract is terminated by one of the parties.
4.2. During the first subscription period, an ordinary termination is not possible. After the first subscription period, contracts with a duration of more than one month may be terminated at any point given a four weeks’ notice. Any other contracts may be terminated with seven days’ notice to the end of the current subscription period.
4.3. The right of termination without notice for good cause remains unaffected.
5. Trial subscription
5.1. If the CP has the option to enter into a trial subscription, the following terms apply.
5.2. Upon conclusion of the contract for the trial subscription, the CP is entitled to test the product during the specified trial period for the discounted price offered.
5.3. Already when concluding the contract, the CP must select the option “trial subscription” to use the trial subscription.
5.4. After the period specified under sec. 2 expires, the contract is extended for the regular subscription price in accordance with 4.1.
5.5. The provision of 4.2. applies accordingly.
5.6. The trial subscription may only be used once per user, product, and company.
6. Remuneration
6.1. Payment is due in advance given an invoice.
6.2. WIN has the right to suspend the provision of services if the CP defaults on payment.
7. Delivery
7.1. Print media shall be delivered to the delivery address provided by the CP.
7.2. After conclusion of contract, the CP shall receive the next regular issue of the selected print subscription.
7.3. Any information on delivery times is non-binding.
7.4. Digital media shall be delivered to the e-mail address provided by the CP. For subscription-based content on the website, customer access is facilitated via customer login.
7.5. After conclusion of contract, the CP shall receive the next regular issue.
8. Warranty
If WIN’s services have the character of a contract for services, the following provisions shall apply:
8.1. The CP has to notify WIN immediately in writing of any defective service. As far as a rectification of defects is possible and feasible with reasonable effort, WIN has the right to rectify defects for which it is responsible.
8.2. A defect exclusively exists if the subject of performance does not have the contractually agreed quality or is not suitable for the contractually required use. Negligible deviations shall not constitute a defect.
8.3. In the event of refusal, impossibility, failure, or unreasonable delay in the rectification of defects, the CP may, at their discretion, demand the rescission of the contract or the reduction of the remuneration.
8.4. Warranty claims of the CP shall become time-barred within a period of six (6) months after completion of the respective services.
8.5. The CP’s right of self-remedy is excluded.
8.6. WIN shall be liable for consequential harm caused by a defect only in accordance with the liability provisions set forth in these GTC. This exemption from liability shall not apply if a warranty of quality was given which covers the consequential damage caused by a defect and if the damage caused by the defect stems from the lack of such quality.
9. Liability
9.1. If not differently regulated in the other provisions, WIN shall be liable to the CP for damages due to breach of contractual or non-contractual obligations only in case of intent and gross negligence.
9.2 WIN is only liable for slight negligence in the event of a breach of an essential contractual obligation (cardinal obligation), whereby liability is limited to the foreseeable damage typical for the contract. Cardinal obligations are obligations which are essential to be fulfilled for the proper performance of this contract and on the observance of which the other party may regularly rely.
9.3 The liability for breaches of duty, which occurred neither intentionally nor grossly negligent, is limited to the sum of the contractual fees, which the CP has paid to WIN for the period of two years prior to the occurrence of the damaging event within the scope of the specific contractual relationship. In the case of consequential damages and loss of profit, liability shall be limited to the foreseeable damage typical for the contract.
9.4 The limitations of liability also apply to legal representatives, executives, and proxies WIN.
9.5 The limitations specified in sections 9.1 to 9.4 do not apply to liability for injuries to life, body, or health.
10. Rights of use of the CP
10.1. The media content is protected by copyright and may only be used for your own, i.e. private, information purposes.
10.2. Any use of the content exceeding what is permitted by law requires WIN’s express consent in advance. Expressly prohibited are the following:
10.2.1. The digitalization of content of the print media and storage of print and digital media in third-party or cloud-based storage systems is prohibited.
10.2.2. Any form of reproduction, public performance, and physical distribution outside of the private area is also prohibited.
10.2.3. The contents may not be added to databases, archives, or press reviews outside of the private area.
10.2.4. The contents may not be divided, edited, or have their design changed.
10.2.5. WIN expressly reserves the right to use its content for commercial text and data mining within the meaning of section 44 b UrhG (Act on Copyright). For the acquisition of a corresponding right of use, please contact datenschutz@vogel.de
10.2.6. In particular, the contents may not be used in the context or the training of AI applications or other automated IT applications. In particular, it is prohibited to enable or provide AI applications access to digitalized contents or to enter into or upload said contents to AI applications.
10.2.7. Copyright notes, brand names, or other identifying marks (e.g. names or company logos) may not be removed or edited.
10.2.8. It is irrelevant whether or not said actions are performed against pay or free of charge.
10.3. WIN has the right to temporarily or permanently suspend delivery of the media to the CP in case of justifiable suspicion of misuse. WIN shall inform the CP of such a suspension and of the facts that this suspension is based on. A suspension does not constitute a loss of other rights or claims of WIN against the CP.
11. No legal advice
The contents of the print media do not constitute legal advice. The contents have been created to the best of one’s knowledge and with the meticulousness customary in the publishing industry. The contents’ complexity and the constant change accompanying legal matters require for any liability or guarantee for completeness, correctness, and topicality to be excluded.
12. Right of revocation
Consumers have the following right of revocation for contracts concluded outside of business premises and for distance contracts.
Right of revocation for consumers
You have the right to revoke this contract within fourteen days without giving reasons unless the right of revocation is excluded in accordance with sec. 312g(2) nr. 7 German Civil Code.
The revocation period is 14 days from the day that you or a third party named by you who is not the carrier takes possession of the goods. For partial delivery, the period starts with the day you or a third party named by you who is not the carrier have taken possession of the last partial delivery or the last piece.
To exercise your right of revocation, you must inform us
WIN-Verlag GmbH & Co. KG
Chiemgaustraße 148
81549 Munich
Telefon:
E-Mail:
by sending a distinct declaration (e.g. a letter sent via mail, or e-mail) containing your decision to revoke said contract. You can use the attached sample revocation form for this, however, using said form is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse all payments received from you, including delivery costs (except additional costs resulting from you having chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
We can withhold the refund until we have received the goods back or until you have provided proof that you have posted the goods for return, whichever happens sooner.
You must return or hand over the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you post the goods before expiration of the fourteen-day period.
You shall bear the immediate costs of returning the goods.
Sample revocation form
| If you want to revoke the contract, please fill out this form and send it back. To |
| WIN-Verlag GmbH & Co. KG Chiemgaustraße 148 81549 Munich Telefon: E-Mail: I/we (*) hereby revoke my/our (*) the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following services: Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only for messages on paper): Date: |
(*) cross out if not applicable |
13. Confidentiality and data protection
13.1. The parties shall treat as confidential all documents, information, and data they receive for the realization of the contractual relationship and which are designated to them as confidential and shall use them only for the realization of the respective commission. In particular, commissions concluded between the parties shall also be deemed confidential. The parties shall impose a corresponding obligation on their employees and third parties involved in the commission, in particular subcontractors. Independent of the reason for a potential termination, these obligations shall remain in effect even after the termination of the respective commission for two years from the end of the contract.
WIN will treat data transmitted to the CP as confidentially as state-of-the-art technology allows; however, for electronic data transmission, WIN cannot guarantee 100% confidentiality.
13.2. WIN declares that its employees and proxies are bound by strict confidentiality and compliance with data protection, and that WIN has taken all necessary technical and organizational measures to ensure the execution of the provisions of applicable data protection laws. If the subject of performance requires the conclusion of an order processing agreement in terms of data protection regulations, the parties agree on an OPA.
13.3. If the CP commissions WIN to conduct a lead campaign and receives lead data from WIN for this purpose, the CP is obligated to comply with its information obligations in accordance with art. 14, GDPR, within 30 days of sending the lead data.
14. Cession and offset
The CP may only transfer the rights and obligations arising from this contract given express written consent of WIN. The CP may only offset claims of WIN against undisputed or legally established claims.
15. Force majeure or other occurrences
Force majeure or other unforeseeable, inevitable, or unavoidable events for which WIN is not responsible and which make it substantially more difficult or temporarily impossible to provide the contractual services, including pandemic, strike, lockout, and regulatory actions, shall allow WIN to postpone the performance of their services for the duration of the hindrance plus a reasonable start-up period. WIN will immediately inform the CP of the occurrence of such hindrances to performance. If the delays resulting from an event in accordance with sentence 1 above exceed the period of six (6) weeks, and if an adjustment of the contract is not possible and not reasonable for either party, both parties are released from their performance obligations agreed upon in the commission. Services delivered by WIN are to be remunerated by the CP according to their share. Damage claims are excluded in such a case.
16. Form
Text form is required for all agreements between WIN and the CP, unless otherwise agreed in the respective order or in these GTC.
17. Consumer arbitration
WIN does not participate in consumer arbitration and is not required to do so; however, due to legal obligations, does refer to a competent consumer arbitration body: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Phone: 07851 / 795 79 40, Fax: 07851 / 795 79 41, E-Mail: mail@verbraucher-schlichter.de, Internet: www.verbraucher-schlichter.de.
18. Place of execution, severability clause
18.1. Place of execution is Munich.
18.2. Solely the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
18.3. Should one or more provisions of these GTC be or become invalid or void, the validity of the remaining provisions of these GTC and the validity of the rest of the commission shall remain unaffected. This applies accordingly to the filling of a gap in the contract.