General Terms and Conditions
General Terms and Conditions
§ 1 Area of Appliance
The General Terms and Conditions apply to the business relations of the Free State of Bavaria, represented by the Deggendorf Institute of Technology as part of the merchandise sale via the web shop (shop.th-deg.de) unless a separate contract has been concluded. Dissenting, conflicting or supplementary General Terms and Conditions of the customer, even if known, will not be integral part of the contract, unless the Deggendorf Institute of Technology explicitly confirms their validity in writing.
§ 2 Offer and Contract Conclusion
If an order is to be regarded as an offer in accordance with § 145 BGB, we may accept it within two weeks.
§ 3 Prices and Payment
1. As long as nothing to the contrary has been agreed in writing, our prices count ex factory plus VAT at the applicable rate. Shipping charges in the amount of 4,50 € will be charged additionally.
2. The payment of the purchase price is to be made exclusively on invoice by prepayment to the account specified in the invoice. The deduction of discount is excluded.
3. As far as nothing to the contrary has been agreed, the purchase price is to be transferred within 10 days after receipt of invoice.
If you fall behind with payment, you are obliged to pay the statutory interest for delay to the amount of 5 percentage points above the base rate. For every payment demand sent to you after the onset of delay, you will be charged with a reminder fee to the amount of 2,50 € as long as no lower or higher damages are proven in individual cases.
4. As long as no fixed price was agreed, reasonable price changes due to modified expenses in labour, material, and selling are reserved for deliveries made 3 months or more after the conclusion of contract.
§ 4 Right of Retention
You are only entitled to offsetting if your counterclaim has been legally determined, is not contested or acknowledged by us, or stands in a close synallagmatic contract to our claims.
Customers are only authorised to exercise a retention in so far as their counterclaim is based on the same contractual relationship.
§ 5 Delivery; Retention of Title
As long as nothing to the contrary has been agreed, the delivery of goods will be carried out from our warehouse to the address provided by you.
The goods will remain our property until full payment of the purchase price.
If the goods are not picked up within 14 days after receipt of the order, we reserve the right to cancel the order and release the goods for other customers.
§ 6 Transfer of Perils during Dispatch
If the goods are sent to the customer at their request, the risk of accidental perish or deterioration of the goods will devolve to the customer upon dispatch, at the latest upon leaving the warehouse. This applies irrespective of whether the goods are shipped from the place of fulfilment or who bears the freight costs.
§ 7 Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. (shop.th-deg.de/widerrufsrecht)
The time limit of the withdrawal is 14 days from that day forward on which you or a third party named by you has accepted the goods.
For exercising your right of withdrawal, you have to inform us (Deggendorf Institute of Technology, Dieter-Görlitz-Platz 1, 94469 Deggendorf, phone: 0991/3615-0, fax: 0991/3615-297, e-mail: firstname.lastname@example.org) via an unambiguous statement (e.g. via letter sent by post, fax or e-mail) concerning your decision for withdrawing from this contract. You can use the enclosed withdrawal form, which, however, is voluntary.
For ensuring the time limit of the withdrawal, it is sufficient to forward the message concerning the exercise of the right of withdrawal before the expire date.
Consequences of the Withdrawal
If you withdraw from this contract, we are required to return all the payments we have received from you, including shipping costs (except those additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us). This return payment has to occur without delay and within 14 days at the latest, starting from the day on which we received notification concerning your withdrawal. For the return payment, we will use the same means of payment that you used with the initial transaction, except explicitly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse the return payment until we have received the goods back or until you have provided proof that you have returned the goods, depending on which is earliest.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notified us of the revocation of this contract. The deadline is met when the goods are forwarded before the expire date of 14 days. You bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
Sample Withdrawal Form
(If you want to withdraw from the contract, fill in this form and send it back to us.)
Deggendorf Institute of Technology
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the customer
- Address of the customer
- Signature of the customer (only for notifications on paper)
(*) cross out where inapplicable.
End of Withdrawal Policy
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and name), to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
Please avoid damages and contaminations. If possible, please return the goods to us in their original packaging and with all accessories and packaging components. If necessary, use a protective secondary packaging. If you no longer have the original packaging, please make sure to use adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.
When returning goods, please send the received goods with the return form to Deggendorf Institute of Technology, Room H001, Dieter-Görlitz-Platz 1, 94469 Deggendorf, email@example.com to notify us of the return. In this way you enable us to allocate the products as quickly as possible.
Please note that the conditions set out in the modalities above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Warranty and Notice of Defects as well as Recourse/Manufacturer Recourse
1. As far as nothing to the contrary has been agreed, your warranty claims shall be governed by the statutory provisions of the law on the sale of goods (§ 433 ff. BGB)
2. Claims of defects become time-barred 12 months after delivery of the goods supplied by us to our customer. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, limb and health which are based on an intentional or negligent breach of duty by the user.
3. If, despite all due care, the delivered goods show a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects.
4. If the supplementary performance fails, the customer may – regardless of possible claims for damages – withdraw from the contract or reduce the payment.
5. Claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear as well as in the case of damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress or due to special external influences which are not assumed under the contract. If the customer or third party carry out improper repair work or modifications, there shall also be no claims for defects for these and the resulting consequences.
§ 9 Miscellaneous
1. This contract and the whole privity of contract between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is Deggendorf.
3. Subsidiary agreements, amendments or supplements must be made in writing.
4. If individual or multiple provisions should partly or as a whole be unaccountable, then all other provisions shall not be affected thereby. Same applies to a loophole.