General Terms and Conditions of the UniShop of Clausthal University of Technology
The business relationship between the University and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the customer shall not be recognized unless their validity is expressly agreed in writing.
1. goods as shown and/or described on the University's website can be ordered by the customer (online, by fax, in writing). The customer shall be bound to his/her order for 14 days prior to conclusion of the contract.
2 The offers on the website are non-binding. The assurance of properties requires written confirmation by the University.
3. the purchase contract shall come into effect upon written confirmation of acceptance of the order by the University. If, contrary to expectations, an ordered item is temporarily out of stock or no longer available, the customer will be informed immediately if the ordered goods are not available or cannot be delivered within 21 days.
1 All prices include the applicable value added tax, but exclude packaging and shipping costs.
2. packaging and shipping costs for deliveries within the Federal Republic of Germany and abroad are calculated according to weight and the Deutsche Post AG scale of charges.
3. the purchase price consisting of the price of the goods and shipping costs shall be due immediately upon confirmation of the order by the University.
4. payment of the purchase price is only possible by advance payment. After receipt of payment in the account specified in the confirmation, the goods will be sent to the delivery address specified by the customer.
1 Delivery shall be made to the delivery address specified by the customer. The University shall endeavor to fulfill all delivery orders as quickly as possible. The times stated by the University in the delivery confirmation are approximate and therefore not binding, unless a specific delivery date has been expressly agreed in writing in exceptional cases. As a rule, delivery will be made within two weeks of receipt of payment. In the event of force majeure and all other obstacles for which the University is not responsible and which have a considerable influence on the delivery, the delivery period shall be extended accordingly. 2.
2. obvious transport damage must be reported immediately directly to the carrier (usually Deutsche Post AG) and confirmed in writing to Clausthal University of Technology within 24 hours of receipt of the goods.
3. if the customer is not a consumer, all deliveries are made at the customer's risk.
1. in accordance with § 312 b i. V. m. § 312 d BGB (right of withdrawal and return for distance selling contracts), the customer is granted a right of withdrawal within the meaning of § 355 BGB. The customer may return the ordered goods within two weeks of receipt without giving reasons, provided that they are returned unused, in a saleable condition and in the original packaging, accompanied by the original invoice. Timely dispatch of the goods is sufficient to meet the deadline. The value of the returned goods will be refunded to the customer's account (credited to the customer's account) within 30 days of receipt of the goods. For orders up to fifty (50) euros, the customer shall bear the costs of the return shipment. Only sufficiently stamped returns will be accepted.
2. the right of withdrawal does not apply to contracts for the delivery of goods manufactured according to customer specifications or to contracts for the delivery of audio and video material if the seal on the delivered data carriers has been broken by the consumer.
1. obvious defects must be reported within 3 days of delivery. Warranty claims expire after two years for sales to consumers and after one year for sales to entrepreneurs. The warranty does not cover normal wear and tear.
2. if there is a defect in the purchased item for which the University is responsible, the University shall be entitled, at its own discretion, to remedy the defect or make a replacement delivery. If the University is unwilling or unable to remedy the defect or supply a replacement, or if this is delayed beyond a reasonable period for reasons for which the University is responsible, or if the remedy or replacement fails in any other way, the Customer shall be entitled to demand a corresponding reduction in the purchase price or to withdraw from the contract. Withdrawal is excluded if the defect only insignificantly reduces the value or suitability of the purchased item or work.
3. to the extent permitted by law, further claims by the customer are excluded.
Claims for damages due to other breaches of duty arising from the contractual obligation and from tort are excluded - in particular with regard to consequential damages. Liability for damages resulting from injury to life, body or health, for claims under the Product Liability Act and in all cases in which the University can be accused of intent or gross negligence remains unaffected.
The personal data required for business transactions are stored and processed in accordance with Section 33 of the German Federal Data Protection Act (BDSG). All data will be treated confidentially and will not be passed on to third parties without the customer's consent.
1. in case of doubt, these terms and conditions shall remain binding in their remaining parts even if individual or several provisions are legally invalid. Should provisions be or become invalid in whole or in part, they shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.
2. the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980.
3. insofar as the customers are merchants within the meaning of the German Commercial Code, Braunschweig is agreed as the place of jurisdiction.