General Terms and Conditions & Cancellation instructions
General Terms and Conditions of Business of the online shop of Universum® Bremen represented by Universum Managementges. mbH
- Scope of Application
- The following terms and conditions of sale and delivery, which you (hereinafter referred to as “Buyer”) recognise through your order, apply to the business relationship between the Buyer and Universum Managementges. mbH for orders by telephone, email, fax, post or via the website www.universum-bremen.de (hereinafter referred to as “Online Shop”).
- Buyers may be consumers or entrepreneurs. The consumer is a natural person who concludes the purchase for a purpose that is neither commercial nor can it be attributed to the person’s independent professional occupation (section 13 of the German Civil Code (BGB)). Entrepreneur is any natural person or legal entity or a partnership capable of acquiring rights and incurring obligations that acts in exercise of his or its trade, business or profession when concluding a legal transaction (section 14 BGB).
- Conclusion of the contract
- Offers of Universum Managementges. mbH are non-binding and subject to change. A contract between Universum Managementges. mbH and the Buyer shall only come about when Universum Managementges. mbH has confirmed the Buyer’s order.
- The Buyer shall submit a binding offer to Universum Managementges. mbH by email, fax, post or telephone. A sales contract shall only come about between the Buyer and Universum Managementges. mbH once the goods have been sent to the Buyer or acceptance of the offer submitted by the Buyer has been expressly confirmed. If the Buyer receives a confirmation email for receipt of the order that relates to the email order or order in the Online Shop after receipt of the order by Universum Managementges. mbH, this does not yet constitute acceptance of the contractual offer by Universum Managementges. mbH. Acceptance of the Buyer’s contractual offer rather does not take place until further express confirmation is issued or the goods are sent.
- In the case of orders via the Online Shop the following also applies: The Buyer submits a binding offer to Universum Managementges. mbH when he has successfully completed the order process in the Online Shop by entering the details as prompted and then finally clicks on the “Purchase” button. After receiving the order Universum Managementges. mbH sends the Buyer an automatically generated receipt confirmation, which does not yet indicate an acceptance of the offer and merely serves as information about the incoming order. Before submitting the order in the Online Shop the Buyer is shown a summary of the contents of his order to identify any typing areas. The Buyer can correct any typing errors with regard to the order details by calling up the general “Return” function in the internet browser and/or by clicking on the “Edit” button during the order process. The contract text is stored. After having successfully logged in, which is initiated by clicking on the “Your account” button, the contract text is accessible to the Buyer until he deletes it himself.
- The delivery to be rendered by Universum Managementges. mbH is subject to us obtaining the supplies punctually and in full. Should the ordered items no longer be available and/or only be obtainable with unreasonable cost or effort, Universum Managementges. mbH shall be entitled to withdraw from the contract. Universum Managementges. mbH shall in this case inform the Buyer about the lack of availability without delay and reimburse any payments received for the items in question. The Buyer shall not be entitled to any compensation for this reason. Responsibility of Universum Managementges. mbH for intent or negligence in accordance with the liability provisions pursuant to subsection 8 of these General Terms and Conditions of Business shall not be affected thereby. The same applies if delivery is considerably impeded or becomes impossible due to force majeure (fire, flooding, industrial disputes, operational disruptions, strikes, official directives which are not attributable to the operating risk of Universum Managementges. mbH) or other events and Universum Managementges. mbH is not responsible for it. A right of withdrawal also exists if Universum Managementges. mbH gains knowledge of the objective lack of creditworthiness on the part of the Buyer after conclusion of the contract and the claims for payment of Universum Managementges. mbH are thereby endangered.
- Partial deliveries are permitted unless the Buyer clearly has no interest in them or he can reasonably not be expected to have an interest in them. If Universum Managementges. mbH exercises this right, packaging and forwarding costs will only be levied once.
- Forwarding is carried out by a transport company to be chosen by Universum Managementges. mbH to the delivery address specified by the Buyer in the order.
- The Buyer is allowed to collect the goods himself.
- Passage of risk
- The risk passes to the Buyer when the items are surrendered to the Buyer. If delivery is delayed for reasons for which the Buyer is responsible, the risk shall pass to the Buyer if he defaults on acceptance.
- If the Buyer is not a consumer (for definition see above under 1.2), the risk shall already pass to the Buyer upon surrender of the items to the person carrying out the transport.
- Prices, Terms of payment
- The amounts listed as purchase prices are end prices and include all the price components including any accruing taxes (especially including VAT). This does not apply if Universum
Managementges. mbH sells publications and/or titles on behalf and for the account of third parties. These items are marked with the comment “token charge”. No VAT is levied on these items unless the client has to pay VAT. The forwarding costs are disclosed to the Buyer in the Online Shop and when ordering. In individual cases taxes (e.g. in the case of an intra-Community acquisition) and/or levies (e.g. customs duties) may be accrued for cross-border deliveries, which shall be paid by the Buyer in addition.
- Universum Managementges. mbH shall inform the Buyer in the Online Shop about what payment options are actually available. Payment by invoice or advance payment is possible up to a total sum of € 99.99. From a total sum of € 100.00 only payment in advance is only possible.
- If Universum Managementges. mbH agrees an advance bank transfer (payment in advance) with the Buyer, delivery shall only take place once the agreed purchase price has been received. In this case, the Buyer shall undertake to pay the total amount by no later than fourteen days after receipt of the payment request without deduction by transfer to the account of Universum
Managementges. mbH specified in the Online Shop. Compliance with the deadline shall be determined by the date when payment is received. In the event that the deadline expires unsuccessfully, the Buyer shall be considered in default of payment without any further notice necessary.
- The Buyer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
- The Buyer is only entitled to offset if his counterclaims are undisputed by Universum Managementges. mbH or are disputed by Universum Managementges. mbH, but have been finally
established in law.
The goods shall remain the property of Universum Managementges. mbH until payment has been received in full.
- Warranty to consumers
The statutory provisions shall apply to claims of the Buyer against Universum Managementges. mbH due to defects. In particular, damage caused as a result of measures taken by the Buyer which are inappropriate or improper or contrary to the terms of the contract do not constitute grounds for any claims by the Buyer.
- Warranty to entrepreneurs
- If the Buyer is not a consumer (for definition see above under 1.2), the following applies in addition to the legal warranty requirements:
- Warranty claims of the Buyer are subject to the Buyer having inspected the items immediately after handover and having informed Universum Managementges. mbH of any defects without
delay after handover. Defects which were not seen or noted at the time of the delivery have to be communicated in written form by the Buyer immediately after their detection.
- If the Buyer has the right to make claims due to a defect, Universum Managementges. mbH is entitled at its discretion to rectify the defect for the Buyer free of charge or to render a replacement delivery of faultless items.
- Warranty claims shall become statute-barred within 12 months from the time of the passage of risk. This does not apply in the event of delivery recourse in accordance with sections 478, 479 of the German Civil Code (BGB) and/or if the corresponding defect was deliberately concealed and/or if Universum Managementges. mbH has given special guarantees in the form of a manufacturer’s guarantee.
- The aforementioned shortening of the limitation period does not apply to claims for damages for which Universum Managementges. mbH is liable under the provisions of subsection 8 below.
- Universum Managementges. mbH shall be liable without restriction for any damage caused intentionally or through gross negligence by Universum Managementges. mbH, its employees or vicarious agents, in cases where defects are deliberately concealed, when a quality guarantee is given and for any damage arising from loss of life, personal injury or illness.
- Universum Managementges. mbH shall be liable for other damage only if a duty is breached, the fulfilment of which allows the contract to even be duly implemented at all and on the observation of which the contracting party can regularly rely (cardinal duty) and if the damage is typical and foreseeable based on the contractual use of the services. Any liability according to the Product Liability Law shall not be affected. Any liability by Universum Managementges. mbH over and above the aforementioned is excluded.
- Final provisions
- Universum Managementges. mbH shall not recognise any general terms and conditions of business or terms of contract of the Buyer that conflict with or differ from these General Terms and Conditions of Sale and Delivery unless their validity is expressly consented to in writing. These General Terms and Conditions of Sale and Delivery apply even if Universum Managementges. mbH unconditionally renders the delivery to the Buyer in the knowledge that the Buyer’s terms and conditions conflict with or differ from these Terms and Conditions of Sale.
- In commercial dealings the parties agree that the registered office of Universum Managementges. mbH is the sole place of jurisdiction for all disputes arising within the context of the execution of this contract. The registered office of Universum Managementges. mbH is also the place of jurisdiction in non-commercial dealings if the Buyer has no general place of jurisdiction in Germany or moves its place or residence or habitual abode outside the scope of application of the Federal Republic of Germany after conclusion of the contract. This does not apply in the event that the Buyer’s place of residence or habitual abode is not known at the time the action is filed.
- The business relationship and all resultant legal issues are subject solely to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
- Should individual provisions of these General Terms and Conditions of Business be or become invalid, the remaining conditions shall remain effective.
You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date on which you or a third party nominated by you, who is not the carrier, has taken possession of the goods. In the event of a contract for the delivery of digital content which is not supplied on a physical data carrier, the cancellation period shall be fourteen days from the day of conclusion of the contract. We would like to point out that in the event of a contract for the delivery of digital content which is not supplied on a physical data carrier the right of cancellation shall expire if we started to execute the contract after you expressly consented to us executing the contract prior to expiry of the cancellation period and you confirmed that you were aware that you would lose your right of cancellation through your consent to the start of the execution of the contract.
To exercise your right of cancellation you must inform us (Universum Managementges. mbH, Wiener Str. 1a, 28359 Bremen, Tel.: +49(0)421-3346-0, Fax: +49(0)421-3346109, Email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter send by post, fax or email) of your decision to cancel this contract. You can use the attached specimen cancellation form for this, but this is not compulsory.
For the cancellation deadline to be met, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period expires.
Consequences of the cancellation
If you cancel this contract, we have to pay back to you all the payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from that fact that you chose a different type of delivery than the cheapest standard delivery that we offer) promptly and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment we shall use the same mode of payment that you used for the original transaction unless otherwise expressly agreed with you; on no account will you be charged a fee for this repayment. We may refuse to repay you the money until we have received back the goods or until you have furnished proof that you have sent back the goods, whichever is the earlier. You shall send back the goods to us or surrender them to us without delay and in each case no later than within fourteen days from the date on which you inform us of the cancellation of this contract (Universum Managementges. mbH, Wiener Str. 1a, 28359 Bremen, Tel.: +49(0)421-3346-0, Fax: +49(0)421-3346109, Email: email@example.com. de)
The deadline has been met if you dispatch the goods before the end of the deadline of fourteen days. You shall bear the direct costs of returning the goods if the price of the goods to be returned does not exceed € 40.00. We shall bear the costs of returning the goods if the price of the goods exceeds € 40.00.
You must only pay us compensation for loss of value of the goods if this loss of value is attributable to unnecessary handling of the goods to examine the quality, characteristics and functionality of the goods.
Exclusion of the right of cancellation
The right of cancellation does not apply to remote sale contracts: – for the delivery of goods which were produced according to the customer’s specification or are clearly tailored to a person’s individual specifications or are not suitable for return because of their characteristics or which may perish quickly or whose sell-by-date has been exceeded, – for the delivery of audio or video recordings or of software, provided the original seal on the supplied data carriers has been broken by the consumer, – for the delivery of newspapers, journals and magazines, unless the consumer has made his contract declaration by phone.