Gen­er­al terms and conditions

§ 1 Applic­a­bil­i­ty, def­i­n­i­tions of terms

(1) Stu­dent Body of Heil­bronn Uni­ver­si­ty KöR, Max-Planck-Str. 39, 74081 Heil­bronn, Ger­many (here­inafter: “we” or “AStA”) oper­ates under the Web­site an online store for goods. The fol­low­ing gen­er­al terms and con­di­tions apply to all ser­vices between us and our cus­tomers (here­inafter: “cus­tomer” or “you”) in the ver­sion valid at the time of the order, unless oth­er­wise express­ly agreed.

(2) “Con­sumer” with­in the mean­ing of these Terms and Con­di­tions is any nat­ur­al per­son who enters into a legal trans­ac­tion for pur­pos­es that can pre­dom­i­nant­ly be attrib­uted nei­ther to his com­mer­cial nor to his inde­pen­dent pro­fes­sion­al activ­i­ty. “Entre­pre­neur” is a nat­ur­al or legal per­son or a part­ner­ship with legal capac­i­ty who, when con­clud­ing a legal trans­ac­tion, acts in the exer­cise of his com­mer­cial or self-employed pro­fes­sion­al activ­i­ty, where­by a part­ner­ship with legal capac­i­ty is a part­ner­ship endowed with the capac­i­ty to acquire rights and incur liabilities.

§ 2 Con­clu­sion of the con­tracts, stor­age of the con­tract text

(1) The fol­low­ing reg­u­la­tions on the con­clu­sion of the con­tract apply to orders placed via our online store at https://asta.hs-heilbronn.de.

(2) Our prod­uct pre­sen­ta­tions on the Inter­net are non-bind­ing and not a bind­ing offer to con­clude a contract.

(3) Upon receipt of an order in our online store, the fol­low­ing pro­vi­sions shall apply: The cus­tomer makes a bind­ing offer to enter into a con­tract by suc­cess­ful­ly com­plet­ing the order pro­ce­dure pro­vid­ed in our online store. The order is placed in the fol­low­ing steps:

1. Selec­tion of the desired goods, the select­ed service(s),
2. Adding the prod­ucts by click­ing the appro­pri­ate but­ton (e.g. “Add to cart”, “Add to shop­ping bag” or similar),
3. Check­ing the infor­ma­tion in the shop­ping cart,
4. Call­ing up the order overview by click­ing on the cor­re­spond­ing but­ton (e.g. “Con­tin­ue to check­out”, “Con­tin­ue to pay­ment”, “To order overview” or similar),
5. Entry/verification of address and con­tact details, selec­tion of pay­ment method, con­fir­ma­tion of GTC and can­cel­la­tion policy,
6. Com­ple­tion of the order by press­ing the but­ton “Order sub­ject to pay­ment”. This rep­re­sents your bind­ing order.
7. The con­tract is con­clud­ed when you receive an order con­fir­ma­tion from us with­in three work­ing days to the spec­i­fied e‑mail address.

(4) In the event of the con­clu­sion of a con­tract, the con­tract shall be con­clud­ed with the Stu­dent Body of Heil­bronn Uni­ver­si­ty KöR, Max-Planck-Str. 39, 74081 Heil­bronn, Germany.

(5) Before plac­ing the order, the con­tract data can be print­ed out or elec­tron­i­cal­ly saved using the browser’s print func­tion. The pro­cess­ing of the order and trans­mis­sion of all infor­ma­tion required in con­nec­tion with the con­clu­sion of the con­tract, in par­tic­u­lar the order data, the GTC and the can­cel­la­tion pol­i­cy, shall be car­ried out by e‑mail after the order has been trig­gered by you, in part auto­mat­i­cal­ly. We do not store the con­tract text after con­clu­sion of the contract.

(6) Input errors can be cor­rect­ed using the usu­al key­board, mouse and brows­er func­tions (e.g. “back but­ton” of the brows­er). They can also be cor­rect­ed by can­cel­ing the order process pre­ma­ture­ly, clos­ing the brows­er win­dow and repeat­ing the process.

(7) The pro­cess­ing of the order and trans­mis­sion of all infor­ma­tion required in con­nec­tion with the con­clu­sion of the con­tract shall be car­ried out by e‑mail, in part auto­mat­i­cal­ly. You must there­fore ensure that the e‑mail address you have pro­vid­ed to us is cor­rect, that the receipt of e‑mails is tech­ni­cal­ly ensured and, in par­tic­u­lar, that it is not pre­vent­ed by SPAM filters.

§ 3 Sub­ject mat­ter of the con­tract and essen­tial char­ac­ter­is­tics of the products

(1) The sub­ject mat­ter of the con­tract in our online store is the sale of goods. The spe­cif­ic goods offered can be found on our arti­cle pages.

(2) The essen­tial char­ac­ter­is­tics of the goods can be found in the item description.

§ 4 Prices, ship­ping costs and delivery

(1) The prices list­ed in the respec­tive offers as well as the ship­ping costs are total prices and include all price com­po­nents includ­ing all applic­a­ble taxes.

(2) The respec­tive pur­chase price is to be paid before deliv­ery of the prod­uct (advance pay­ment), unless we express­ly offer pur­chase on account. The pay­ment meth­ods avail­able to you are shown under a cor­re­spond­ing­ly des­ig­nat­ed but­ton in the online store or in the respec­tive offer. Unless oth­er­wise spec­i­fied in the indi­vid­ual pay­ment meth­ods, the pay­ment claims are due for pay­ment immediately.

(3) In addi­tion to the stat­ed prices, ship­ping costs may be incurred for the deliv­ery of prod­ucts, unless the respec­tive item is shown as free of ship­ping costs. The ship­ping costs will be clear­ly com­mu­ni­cat­ed to you again on the offers, if applic­a­ble in the shop­ping cart sys­tem and on the order overview.

(4) All offered prod­ucts are ready for ship­ment imme­di­ate­ly after pro­duc­tion, unless clear­ly stat­ed oth­er­wise in the prod­uct descrip­tion (deliv­ery time: 2–3 busi­ness days after receipt of pay­ment). As a rule, the pro­duc­tion time is 3 — 4 work­ing days on average.

(5) The fol­low­ing deliv­ery area restric­tions apply: Deliv­ery will only be made with­in Germany.

§ 5 Right of Reten­tion, Reten­tion of Title

(1) You may only exer­cise a right of reten­tion inso­far as it con­cerns claims from the same con­trac­tu­al relationship.

(2) The goods remain our prop­er­ty until full pay­ment of the pur­chase price.

§ 6 Right of withdrawal

As a con­sumer you have a right of with­draw­al. This is gov­erned by our Can­cel­la­tion pol­i­cy.

§ 7 Liability

(1) Sub­ject to the fol­low­ing excep­tions, our lia­bil­i­ty for con­trac­tu­al breach­es of duty and for tor­tious acts shall be lim­it­ed to intent or gross negligence.

(2) We shall be liable with­out lim­i­ta­tion in the event of slight neg­li­gence in the event of injury to life, limb or health or in the event of breach of a mate­r­i­al con­trac­tu­al oblig­a­tion. If we are in default of per­for­mance due to slight neg­li­gence, if per­for­mance has become impos­si­ble or if we have breached a mate­r­i­al con­trac­tu­al oblig­a­tion, the lia­bil­i­ty for mate­r­i­al dam­age and finan­cial loss result­ing there­from shall be lim­it­ed to the fore­see­able dam­age typ­i­cal for this type of con­tract lim­it­ed. A mate­r­i­al con­trac­tu­al oblig­a­tion is an oblig­a­tion the ful­fill­ment of which makes the prop­er per­for­mance of the con­tract pos­si­ble in the first place, the breach of which jeop­ar­dizes the achieve­ment of the pur­pose of the con­tract and the obser­vance of which you may reg­u­lar­ly rely on. This includes in par­tic­u­lar our duty to act and to ful­fill the con­trac­tu­al­ly owed per­for­mance, which is described in § 3.

§ 8 Con­tract language

Only Ger­man is avail­able as the con­tract language.

§ 9 Warranty

(1) The war­ran­ty shall be gov­erned by the statu­to­ry provisions.

(2) The war­ran­ty peri­od for deliv­ered goods vis-à-vis entre­pre­neurs shall be 12 months.

(3) As a con­sumer, you are request­ed to imme­di­ate­ly check the item for com­plete­ness, obvi­ous defects and trans­port dam­age upon ful­fill­ment of the con­tract and to noti­fy us and the car­ri­er of any com­plaints as soon as pos­si­ble. If you do not com­ply with this, this will of course have no effect on your statu­to­ry war­ran­ty claims.

§ 10 Final provisions

(1) Ger­man law shall apply. In the case of con­sumers, this choice of law shall only apply to the extent that the pro­tec­tion grant­ed by manda­to­ry pro­vi­sions of the law of the state of the consumer’s habit­u­al res­i­dence is not there­by with­drawn (favor­a­bil­i­ty principle).

(2) The pro­vi­sions of the UN Con­ven­tion on Con­tracts for the Inter­na­tion­al Sale of Goods shall express­ly not apply.

(3) If the Cus­tomer is a mer­chant, a legal enti­ty under pub­lic law or a spe­cial fund under pub­lic law, the place of juris­dic­tion for all dis­putes aris­ing from con­trac­tu­al rela­tion­ships between the Cus­tomer and the Provider shall be the Provider’s reg­is­tered office.

Alter­na­tive Dis­pute Res­o­lu­tion pur­suant to Art. 14 (1) ODR Reg­u­la­tion and § 36 VSBG:

The Euro­pean Com­mis­sion pro­vides a plat­form for online dis­pute res­o­lu­tion (OS), which you can access at https://ec.europa.eu/consumers/odr find. We are ready to par­tic­i­pate in out-of-court arbitration.