§ 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:
- Selection of the desired goods, the selected service(s),
- Adding the products by clicking the appropriate button (e.g. “Add to cart”, “Add to shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of GTC and cancellation policy,
- Completion of the order by pressing the button “Order subject to payment”. This represents your binding order.
- 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.