General Terms and Conditions

Version 2026-10-03. Valid for contracts concluded from 3 October 2026; for contracts concluded earlier, clause 17 decides when this version applies.

1. Provider, scope, and what these terms are

1.1 These General Terms and Conditions ("Terms") govern the use of the publishing platform Shelf Publisher, operated at shelfpublisher.com (formerly portal.orbita-media.de) (the "Platform") by

Orbita Media GmbH, Ericusspitze 4, 20457 Hamburg, Germany
Register court: Hamburg Local Court (Amtsgericht Hamburg), commercial register no. HRB 161613
Managing directors: Noah Malik, Stefan Schott
VAT identification number: DE328578764
E-mail: kontakt@orbita-media.de

("Orbita", "we", "us"). The full provider information is set out in the Legal Notice.

1.2 Who the Platform is for. The Platform is aimed at commercial self-publishers: authors who publish their books with the intention of earning money from them. This sentence describes our offer; it does not decide the customer's legal status, and the customer is not asked to confirm any status. Whether a customer is a consumer within the meaning of Sec. 13 of the German Civil Code (BGB) or an entrepreneur within the meaning of Sec. 14 BGB depends solely on the objective purpose of the contract. A consumer keeps every right the law gives a consumer, in particular the right of withdrawal under clause 6.

These Terms apply to every contract concluded through the Platform, whether the customer is a consumer or an entrepreneur. Clauses that apply only to consumers or only to entrepreneurs say so expressly. Where nothing is said, the clause applies to both.

1.3 Terms of the customer that conflict with or deviate from these Terms do not become part of the contract, even if we perform without objecting to them (Sec. 305(2), 305b BGB).

1.4 These Terms do not create a publishing contract within the meaning of Sec. 1 of the German Publishing Act (VerlG). Under Sec. 1 VerlG the publisher reproduces and distributes the work at its own expense; on this Platform the author pays a fee for production and publication services. The contract is a mixed contract consisting of a contract for services (Sec. 611, 631 BGB) and a licence (clause 10). The provisions of the VerlG therefore do not apply as a whole; where a rule of the VerlG is nevertheless meant to apply, these Terms say so.

2. Definitions

• Slot: the entitlement, acquired by purchasing a package, to have one Title produced and published through the Platform.
• Title: one book in one edition, identified by one ISBN.
• Package: a bundle of one or more Slots offered at a fixed price.
• Manuscript: the text file, the cover files and all further material the customer uploads for a Title.
• Wallet: the running account in the customer's profile in which we record the Earnings owed to the customer (clause 13).
• Earnings: the customer's share in the Net Revenue of a Title (clause 13.2).
• Net Revenue: the amount actually received by us from a distribution channel for a Title, after deduction of the channel's discount or commission, the manufacturing cost of the copy, and returns and cancellations, and excluding value added tax.
• Distribution channels: currently print on demand and wholesale through Ingram and BoD, sale through Amazon, and the further channels listed on the Platform at the time the Title is submitted.

3. Registration and account

3.1 Use of the Platform requires an account. Registration and login are handled for us by our authentication provider (see the Privacy Policy).

3.2 The customer must give true, complete and current information, in particular name, address, and, where applicable, VAT identification number and bank details, and must keep this information up to date. We may make the use of paid functions conditional on the master data being complete and verifiable, because we need it to issue invoices and credit notes.

3.3 One account per person or per legal entity. Creating or using several accounts for the same person or entity is prohibited, as is using another person's identity, a straw person, or an account transferred from someone else. This rule exists because Slots, coupons, and the affiliate programme (see the Affiliate Terms) can otherwise be claimed more than once.

3.4 Access data must be kept secret. The customer must notify us without undue delay if there are indications that a third party has gained access.

3.5 Registration does not create an entitlement to publication. The contract about a specific Title is concluded only when a Slot is used and the Title is accepted under clause 12.

4. Our services

4.1 Within the scope of a Slot we provide the following:

• a) checking the uploaded Manuscript and cover for technical printability and for the formal and legal criteria under clause 12, using an automated pre-check and a review by a person;
• b) allocation of an ISBN from the block registered to Orbita as publisher;
• c) registration of the Title in the bibliographic directories relevant for the chosen markets;
• d) publication of the Title under Orbita as publisher and setting it up with the distribution channels;
• e) ordering and monitoring print on demand production;
• f) collection of the revenue from the distribution channels, statement of Earnings, and crediting them to the Wallet;
• g) access to the Platform with the status, sales figures and support functions belonging to the Title.

4.2 Editorial services such as proofreading, copy-editing, cover design, translation, or marketing are not part of a Slot. They are the subject of a separate order, if we offer them at all.

4.3 We decide on the technical form of the publication (trim size, paper, binding, file formats) within the specifications published on the Platform. If the customer wants a form we do not offer, there is no claim to it.

4.4 No guarantee of sales. We owe the services described in clause 4.1. We do not owe any particular number of copies sold, any particular revenue, any ranking, any review, any placement in a shop, or availability in a particular retailer. Statements about the market, about typical sales, or about possible earnings are not warranties and not guaranteed characteristics.

4.5 We may change, extend, or discontinue distribution channels if a channel changes its conditions, ends the cooperation, or becomes unreasonable for us for economic or legal reasons. We will inform the customer about the discontinuation of a channel in text form. There is no claim to a specific channel.

4.6 The Platform is not available without interruption. Maintenance work, faults at our hosting provider, and force majeure can restrict availability. We will announce planned maintenance in advance where this is reasonably possible.

5. Conclusion of contract, prices, payment

5.1 The presentation of Packages on the Platform is not a binding offer. The customer makes a binding offer by completing the order process; the contract is concluded when we confirm the order in text form or when we make the Slots available in the account, whichever happens first.

5.2 Prices are the prices shown at the time of the order. For consumers the prices shown include value added tax. For entrepreneurs the prices are stated net; value added tax is added where it is payable.

5.3 Value added tax is charged according to the customer's country and status. For business customers in another EU member state with a valid VAT identification number the reverse charge procedure applies (Art. 196 Directive 2006/112/EC); the customer is responsible for the correctness of the identification number given and for the reverse charge declaration in its own country.

5.4 Payment is made through our payment service provider by the means of payment offered in the order process. The claim to payment falls due on conclusion of the contract. Slots become available once the payment has been confirmed to us.

5.5 We issue an invoice for every payment in electronic form and make it available in the account. The customer consents to receiving invoices electronically.

5.6 Coupons are only valid for the purpose, the period and the minimum order value stated with them, cannot be combined with other coupons unless expressly stated otherwise, cannot be paid out in cash, and are void if they were obtained by breaching clause 3.3 or the Affiliate Terms. A one-time coupon used on an order that is later withdrawn or reversed is not reissued; the refund is calculated on the amount actually paid.

5.7 Set-off by the customer is only permitted with counterclaims that are undisputed or have been finally determined by a court. This restriction does not apply to counterclaims arising from the same contractual relationship.

6. Right of withdrawal for consumers

6.1 Consumers have a statutory right of withdrawal of 14 days under Sec. 312g, 355 BGB. The details, including the requirements of form and the consequences, are set out in the Withdrawal Policy, which is part of these Terms. It also contains the model withdrawal form.

6.2 Our services under clause 4.1 are services within the meaning of Sec. 356(4) BGB. If the consumer wants us to start before the withdrawal period has expired, we ask for two declarations in the order process:

• a) the express consent that we begin performance before the withdrawal period expires, and
• b) the confirmation that the consumer knows that the right of withdrawal expires once we have completely performed the contract.

6.3 If the consumer withdraws after performance has begun but before it has been completed, the consumer owes compensation for the value of the services already provided in proportion to the total scope owed (Sec. 357a(2) BGB). The agreed total price is the basis of that calculation. Services already provided are, in particular, the review of the Manuscript, the allocation of an ISBN, the registration in bibliographic directories, and the setup with the distribution channels.

6.4 If a Slot has not been used at all, withdrawal leads to the full refund of the amount attributable to that Slot.

7. Slots

7.1 A Slot entitles the customer to have one Title published. Slots are counted per account and shown in the account.

7.2 Validity. A Slot is valid for 36 months from the day it is made available. We remind the customer in text form 90 days and 30 days before it expires. After the 36 months have passed the claim to use the Slot lapses. The period corresponds to the regular limitation period under Sec. 195, 199 BGB and is not shortened by these Terms.

7.3 Slots are not transferable to another account and cannot be paid out in cash. They may be used for a Title of a co-author only if the account holder is authorised by that co-author and can prove it on request.

7.4 A Slot is consumed when the Title has been accepted under clause 12 and an ISBN has been allocated to it. Before that moment the customer may withdraw a Manuscript and use the Slot for another Title.

7.5 If we reject a Manuscript under clause 12.3 for reasons that are not attributable to a breach of these Terms by the customer, the Slot returns to the account and stays available for the remainder of its validity, and for at least another 3 months.

8. Manuscripts, cover, and responsibility for content

8.1 The customer is responsible for the content of the Manuscript and of all files uploaded. We do not carry out any content-related examination beyond the review under clause 12 and do not adopt the content as our own.

8.2 Warranties. By uploading, the customer warrants that:

• a) it holds all rights required for the use under clause 10, in particular the rights of use in the text, the illustrations, the cover, the fonts and any quotations, and that the necessary consents of co-authors, translators, illustrators, photographers and depicted persons have been obtained;
• b) the content does not infringe any third party rights, in particular copyright, trade mark rights, personality rights, the right to one's own image (Sec. 22 KunstUrhG), and rights in trade secrets;
• c) the content does not violate any law, in particular criminal law, the German Youth Protection Act, competition law and data protection law;
• d) the content does not contain any of the material listed in clause 8.4;
• e) statements of fact are correct to the best of the customer's knowledge, and that advice on health, law, finance and safety carries the warnings that a reader needs.

8.3 Artificial intelligence. The customer must tell us, when submitting a Title, whether and to what extent text, illustrations, cover or audio were generated with generative artificial intelligence. We need this information in order to comply with the transparency obligations of Art. 50 of Regulation (EU) 2024/1689 and to fill in the metadata of the distribution channels correctly. It does not matter, for the purpose of this duty to inform, whether a labelling obligation actually exists in the individual case; that assessment is ours. Use of artificial intelligence is not prohibited. What is prohibited is a false statement about it. When predominantly automatically generated content may be rejected is governed exclusively by clause 12.3 d).

8.4 Prohibited content. It is not permitted to publish through the Platform:

• a) content that is criminally punishable, glorifies violence, incites hatred or denies crimes against humanity;
• b) pornographic content and content harmful to minors within the meaning of the German Youth Protection Act;
• c) content that infringes third party rights (clause 8.2 b);
• d) plagiarism, content generated in bulk without an author's own contribution in order to flood a catalogue, and content that consists mainly of material copied from other sources;
• e) content that gives dangerous instructions, in particular for the manufacture of weapons, explosives or drugs;
• f) content that is designed to deceive readers about the identity of the author, in particular by using the name of a well-known person.

8.5 Indemnity. If a third party asserts a claim against us because of the content of a Title, the customer shall indemnify us on first demand against that claim and shall reimburse the reasonable costs of legal defence, unless the customer is not responsible for the infringement. We will inform the customer of the claim without undue delay, give the customer the opportunity to comment, and will not acknowledge the claim without the customer's consent unless we are legally obliged to do so.

8.6 We may remove a Title from the distribution channels immediately and without prior notice if there are concrete indications of an infringement of clause 8.2 or 8.4, in particular after a warning letter, an injunction, or a notice from a distribution channel. We will inform the customer immediately and give the customer the opportunity to comment. If the suspicion is not confirmed, we will make the Title available again.

9. Delivery of files and cooperation

9.1 The customer delivers the Manuscript and the cover in the file formats and to the specifications published on the Platform. If the files do not meet the specifications, we ask for improvement and set a reasonable period.

9.2 If the customer does not cooperate within the period set, twice requested, we may terminate the contract concerning that Title. The Slot is then consumed. This does not apply if the customer is not responsible for the delay.

9.3 The customer keeps its own copy of all files delivered. We are not an archive. We keep the files for as long as the Title is published and for a further 12 months.

10. Grant of rights

10.1 For the purpose of performing this contract the customer grants Orbita a non-exclusive (simple), transferable right of use in the Title, unlimited in territory, to the extent needed for:

• a) reproduction and distribution in printed form, including print on demand;
• b) reproduction and distribution in electronic form, including e-book and audio book, to the extent that the corresponding formats are ordered;
• c) making the Title available to the public through the distribution channels and the shops connected to them;
• d) storage, digitisation and format conversion for the purposes of a) to c);
• e) use of title, cover, blurb, author photograph, biography and reading samples for the announcement, advertising and cataloguing of the Title, also after the end of this contract, in archived catalogues and reference works, where their removal is not technically possible.

10.2 The right of use is granted for the duration of this contract. The grant is expressly not exclusive. The customer therefore remains free to exploit the work itself or to have it exploited by others.

10.3 For the duration of the contract the customer undertakes not to publish, and not to have published, an identical or essentially identical edition of the Title with the ISBN allocated by us through another publisher or another platform. This is a contractual obligation only. It does not turn the licence into an exclusive one.

10.4 We may pass on the rights under clause 10.1 to the distribution channels and to their sub-distributors, to the extent needed for the distribution. Sub-licences granted to a distribution channel before the end of this contract remain in force for the copies already produced and for the running-off period under clause 10.6.

10.5 Reversion. On the termination of this contract, for whatever legal reason, all rights of use granted under clause 10.1 revert to the customer automatically and without the need for a separate retransfer. This clause is declaratory; it states what would follow anyway from the connection between the obligation and the disposition (see BGH, judgment of 19 July 2012, I ZR 70/10, "M2Trade").

10.6 Running off. After termination we may sell copies already produced for a further 3 months and will remove the Title from the electronic distribution channels within 30 days. Print on demand orders are stopped immediately.

10.7 The moral rights of the author remain unaffected. We name the author in the form given by the customer when the Title is submitted. Editing of the content requires the customer's consent; corrections of spelling and formatting that do not touch the content do not.

11. ISBN

11.1 The ISBN allocated to a Title comes from the block registered to Orbita as publisher. Under the ISBN standard the ISBN identifies the publisher of that edition. It therefore stays with Orbita.

11.2 The customer acquires no rights in the ISBN. On the termination of the contract the ISBN cannot be taken along, transferred, or continued to be used. If the customer wants to publish the Title after the end of the contract, a new ISBN under the customer's own publisher prefix or under the prefix of the new publisher is required.

11.3 We report the metadata of the Title to the bibliographic directories under our publisher name. Corrections of metadata after publication are possible in the scope that the respective directory allows.

12. Review, acceptance, and rejection

12.1 Every Manuscript passes through an automated pre-check and a review by a person. The automated pre-check may use an external AI service; details are in the Privacy Policy. The final decision is always taken by a person.

12.2 Publishing decision. Every Title appears with Orbita as publisher and under an ISBN registered to Orbita. Whether a Title is published is therefore a publishing decision of Orbita. We take it after the review under clause 12.1 and only on the basis of the reasons listed in clause 12.3: if none of them applies, we publish the Title. The review is not a legal examination in the customer's interest and not a plagiarism guarantee, and a publication does not confirm that the content is correct or free of third party rights. The responsibility under clause 8.1 stays with the customer.

12.3 Reasons for rejection. We may reject a Manuscript only for one of the following reasons. The list is exhaustive.

• a) Breach of clause 8.2 or 8.4.
• b) Technical specifications. The files do not meet the technical specifications published on the Platform, although we asked for improvement under clause 9.1.
• c) Insufficient quality. The Title does not reach the standard the book trade expects of a saleable book, because (aa) the text contains so many errors of spelling, grammar or typesetting that it cannot be read fluently, (bb) it is recognisably unfinished, incomplete or without a coherent structure, or (cc) title, subtitle, blurb or cover promise content that the book does not contain.
• d) Predominantly automatically generated content. The text or the illustrations of the Title were predominantly generated by generative artificial intelligence or another automated process, and the customer has not reviewed, selected, arranged or revised them to a substantial degree. Using artificial intelligence as a tool is not in itself a reason for rejection (clause 8.3).
• e) Duplicates and mass titles. (aa) The Title is identical or essentially identical in content to a title already published through the Platform or elsewhere, or (bb) it belongs to a group of titles that are produced from a template and differ from each other mainly in interchangeable elements such as names, places, dates, keywords or colours. Further editions of the same work in another format (for example a hardcover next to the paperback, or an e-book), new editions with revised content, translations, and series whose volumes each have their own content are neither duplicates nor mass titles. The number of Titles a customer submits is not in itself a reason for rejection.
• f) Risk of damage to Orbita's reputation. Concrete facts show that publishing the Title under Orbita's name would seriously damage Orbita's reputation as a publisher. This is the case only if the content (aa) disparages people because of their origin, skin colour, religion or belief, gender, sexual identity, disability or age, or (bb) presents claims about health, medicine, finance or law that contradict the established state of knowledge as certain facts, in a way that can endanger readers who rely on them. A political, religious or ideological position as such is not a reason for rejection.
• g) Guidelines of the distribution channels. The Title or its metadata violates the rules on content and metadata that a distribution channel through which the Title is to be distributed (clause 2) applies to the books it accepts, in the version valid at the time of the review, or a distribution channel refuses to take the Title. In the rejection we name the channel, the rule and the passage concerned; on request we give the customer the text of the rule.

We decide at our reasonable discretion (Sec. 315 BGB). Before we reject a Manuscript we tell the customer in text form which reason we rely on and which facts support it, and give the customer the opportunity to comment. Where the defect can be remedied, in particular in the cases of b), c), e) and g), we set a reasonable period for the correction and reject only if it passes without the defect being remedied. We give reasons for the rejection in text form.

12.4 If the rejection is based on a breach of clause 8.4 by the customer, the Slot is consumed and there is no refund. Our right to claim damages remains unaffected. In all other cases clause 7.5 applies.

12.5 If a Title is rejected for reasons that lie neither in the customer's sphere nor in ours, in particular because a channel changes its policy, we will offer the customer another channel; if no channel is available, the Slot returns to the account.

13. Earnings, Wallet, and payouts

13.1 For every Title we credit the customer with the agreed share in the Net Revenue. The percentage results from the Package or from the individual order confirmation and is shown in the account for each Title.

13.2 Net Revenue is the amount actually received by us from the distribution channel for the Title, after deduction of the channel's discount or commission, the manufacturing cost of the copy, and returns and cancellations, and excluding value added tax. Amounts in foreign currency are converted at the reference rate of the European Central Bank on the day the report of the channel is received.

13.3 Statements. We produce a statement at least once per quarter, as soon as the reports of the distribution channels for that period have been received. The statement is shown in the account and lists, per Title, the copies sold, the Net Revenue and the share credited. This satisfies and exceeds the duty to report at least once a year under Sec. 32d(1) UrhG. That duty cannot be excluded by these Terms (Sec. 32d(3) UrhG).

13.4 When a sale becomes visible and when it is credited. These are two different dates, and the second one comes later:

• The statement for a quarter appears in the account about six weeks after the quarter ends. From that moment the customer can see which Titles sold, how often, and what the share is.
• The credit follows once we have received the money from the trade, usually around 45 days after the quarter ends. Individual sales through the international trade can take longer; they are credited as soon as their money has reached us.

Distribution channels report and pay with a delay of several months and may correct earlier reports, in particular because of returns. Credits are therefore always subject to the correction of the channel. A negative correction is set off against future credits; we do not claim it back separately unless the customer has already had it paid out and the correction is based on the customer's own conduct.

13.5 Nature of the Wallet. The Wallet is a running account in which we record what we owe the customer. It is not a payment account, not a deposit, and not electronic money within the meaning of Directive 2009/110/EC. It cannot be topped up with money, it is not accepted by third parties, and it does not bear interest. Credits can only be paid out to the customer or set off against the purchase of further services from us.

13.6 Payout. The customer may request a payout of the credit balance at any time from a minimum amount of EUR 200.00. We pay to the bank account stated in the account, within 10 working days after the request has been checked. Bank charges of the receiving bank and costs of a transfer outside the SEPA area are borne by the customer.

13.7 Credit notes and taxes. We settle the Earnings by way of a credit note in the sense of Sec. 14(2) sentence 2 of the German VAT Act. The customer agrees to this settlement procedure. If the customer is a taxable person, the customer must tell us the VAT identification number and the tax status; value added tax is then shown or the reverse charge is applied, as the case requires. The customer is responsible for taxing the Earnings in its own country. We do not give tax advice.

13.8 No forfeiture. The credit balance does not lapse. It is subject only to the statutory limitation rules (Sec. 195, 199 BGB). If an account has been inactive for more than 24 months and we cannot reach the customer, we may pay out the balance to the last known bank account.

14. Term, termination, suspension

14.1 The contractual relationship regarding the use of the Platform runs for an indefinite period. Both parties may terminate it in text form with 30 days' notice. The consequences for Titles already published are governed by clause 14.4.

14.2 The right of both parties to terminate for good cause without notice remains unaffected. Good cause exists for us in particular in the event of a serious or repeated breach of clause 3.3, clause 8.2 or clause 8.4, of a breach of the Affiliate Terms committed with intent, or of information about the customer's identity that is untrue in a material respect.

14.3 Suspension. Instead of terminating we may block the account or individual functions temporarily if there is a concrete suspicion of one of the breaches named in clause 14.2. We will tell the customer the reason and give the customer the opportunity to comment. During the block the customer keeps access to the statements and to the payout function, unless the suspicion concerns precisely those functions.

14.4 Termination of the platform relationship does not automatically end the publication of Titles already published. Either party may terminate the publication of an individual Title in text form with 3 months' notice. Clauses 10.5 and 10.6 then apply. Earnings already accrued stay owed and are paid out according to clause 13.

14.5 Slots that have not been used at the time of a termination by us for a reason we are responsible for are refunded pro rata. Slots that have not been used at the time of a termination for good cause based on the customer's conduct are not refunded.

15. Liability

15.1 We are liable without limitation for damage caused intentionally or by gross negligence, for damage resulting from injury to life, body or health, in accordance with the German Product Liability Act, and to the extent that we have given a guarantee.

15.2 In the case of slight negligence we are liable only for the breach of a material contractual obligation, that is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer regularly relies. In that case our liability is limited to the damage that is typical for this kind of contract and that was foreseeable at the time the contract was concluded.

15.3 Any further liability is excluded. In particular we are not liable for lost profit, for sales that did not happen, for the loss of an expected ranking, or for damage arising from the decision of a distribution channel not to carry a Title or to remove it.

15.4 Clauses 15.2 and 15.3 do not apply to the cases named in clause 15.1 and do not limit any liability that cannot be limited under Sec. 309 no. 7 BGB.

15.5 The customer is responsible for keeping its own copies of all files delivered. Our liability for the loss of data is limited to the effort that would have been needed to restore the data if the customer had kept backups properly.

16. Data protection

We process personal data in accordance with the Privacy Policy. It also explains which external processors we use, on what legal basis, and how long data is stored.

17. Changes to these Terms

17.1 We may amend these Terms with effect for the future. We will announce the amendment at least 6 weeks before it takes effect, in text form, and will make the changed passages visible.

17.2 Active consent. Amendments that concern the main obligations, the prices, the share in the Net Revenue, the grant of rights, or the liability, or that otherwise shift the balance of the contract, only become effective if the customer agrees to them actively. We collect that consent through the consent page of the Platform. This follows the ruling of the German Federal Court of Justice of 27 April 2021, XI ZR 26/20, according to which treating silence as consent is invalid for such amendments.

17.3 Silence. Only for amendments that are required by a change in the law or by a binding decision of a court or an authority, that only correct an obvious error, or that are purely favourable or neutral for the customer, does the customer's failure to object within the 6 week period count as consent. In the announcement we will point out expressly what the failure to object means and that the customer may terminate the contract without notice until the amendment takes effect.

17.4 If the customer does not consent to an amendment under clause 17.2, we may terminate the contract with 30 days' notice. Until then the previous version continues to apply.

18. Dispute resolution

18.1 We are not obliged to take part in dispute resolution proceedings before a consumer arbitration body and we are not willing to do so (Sec. 36(1) no. 1 VSBG).

18.2 The European Commission's online dispute resolution platform was discontinued on 20 July 2025 and Regulation (EU) No 524/2013 was repealed by Regulation (EU) 2024/3228. There is therefore no reference to it here.

18.3 Complaints can be sent to us at any time through the ticket system of the Platform or to kontakt@orbita-media.de. We answer within a reasonable period.

19. Final provisions

19.1 Governing law. German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law does not deprive them of the protection of the mandatory provisions of the law of the state in which they have their habitual residence (Art. 6(2) of Regulation (EC) No 593/2008, Rome I).

19.2 Place of jurisdiction. If the customer is a merchant, a legal person under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising out of this contract is Hamburg. We are also entitled to sue at the customer's general place of jurisdiction. For consumers within the European Union the places of jurisdiction of Art. 17 to 19 of Regulation (EU) No 1215/2012 apply; a consumer may only be sued in the courts of the member state in which the consumer is domiciled.

19.3 Language. These Terms exist in English, in Italian and in German, and may exist in further languages. Between entrepreneurs the English version prevails. For consumers the version in the language in which the contract was concluded prevails.

19.4 Text form. Declarations under these Terms require text form (Sec. 126b BGB). E-mail and the message function of the Platform satisfy this requirement.

19.5 Severability. If a provision of these Terms is or becomes invalid, the validity of the remaining provisions is not affected. The invalid provision is replaced by the statutory rule.

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Annex: Withdrawal instructions for consumers

See the separate Withdrawal Policy, which contains the instructions on withdrawal and the model withdrawal form and which is part of these Terms.