General Terms and Conditions
1. General Information
1.1 These General Terms and Conditions (GTC) contain the terms and conditions for the purchase of the offered goods and services that apply exclusively between us, Innovationsgesellschaft Technische Universität Braunschweig mbH, Wilhelmsgarten 3 3, 38100 Braunschweig, Deutschland (hereinafter referred to as "Seller" or "we") and a consumer or entrepreneur (hereinafter referred to as "Customer"), unless modified by written agreements between the parties.
A consumer within the meaning of these GTC 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. An entrepreneur within the meaning of these GTC 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 independent professional activity.
1.2 The customer shall be notified of any amendments to these Terms and Conditions in writing, by fax or by e-mail. If the customer does not object to this amendment within four weeks after receipt of the notification, the amendments shall be deemed accepted by the customer.
2. Contract Conclusion
2.1 The presentation of the offered goods and services does not constitute a binding offer of the seller. Only the order of goods or services by the customer represents a binding offer according to § 145 BGB. In case of acceptance of the purchase offer by the seller, the seller sends an order confirmation to the customer by e-mail.
2.2 After submitting the offer and successful completion of the order, the customer will receive a purchase confirmation by e-mail with the relevant data. The customer shall ensure that the e-mail address entered by him is correct.
2.3 During the ordering process, the customer has the opportunity to correct the entries made. Before completing the ordering process, the customer receives a summary of all order details and has the opportunity to check his information.
2.4. The contract is concluded in German.
2.5. Contacting the customer by the seller is done by e-mail.
2.6. In the case of digital goods, the seller grants the customer a non-exclusive right, unlimited in time and place, to use the digital content provided for private and business purposes. A transfer of the contents to third parties, as well as a reproduction for third parties is not permitted, unless permission has been granted by the seller.3. Terms of Payment
3.1. The purchase price is due immediately with the order. The payment of the goods is made by means of the payment methods provided.
3.2. The prices stated at the time of the order shall apply. The prices stated in the price information include the statutory value added tax.
3.3. The customer may only offset claims of the seller against undisputed or legally established counterclaims or counterclaims that are ready for a decision.
4. Shipping Conditions
4.1. The shipment of the ordered goods is carried out according to the agreements made. Incidental shipping costs are listed in each case with the product description and are shown separately on the invoice.
4.2. Digital goods are provided to the customer in electronic form either as a download or by e-mail.
5. Right of Withdrawal
If a customer acts as a consumer according to §13 BGB, he is generally entitled to a statutory right of withdrawal. If a customer acts as an entrepreneur according to §14 BGB in the exercise of his commercial or independent professional activity, he has no statutory right of withdrawal. More information on the right of withdrawal can be found in the cancellation policy on the payment page of the product.
If the customer purchases a ticket to an offline event, the following provisions apply:
In case of compelling organizational or economic reasons for which the organizer is not responsible, the organizer reserves the right to cancel an event. In this case, the organizer will inform the customer immediately and rebook the tickets for a subsequent event. Cancellation costs that the participant could have insured against (ticket insurance, travel cancellation insurance, etc.) will not be reimbursed under any circumstances.
In the event of force majeure or official cancellation of the event, liability on the part of the organizer is excluded.
Liability for cancellation or rebooking fees for means of transport booked by the customer or accommodation costs is excluded.
Insofar as the delivered goods are defective, the customer shall be entitled within the scope of the statutory provisions to demand subsequent performance, to withdraw from or terminate the contract, to reduce the purchase price, to claim damages or compensation for futile expenses. Defects notified before purchase do not constitute a warranty case. The limitation period of warranty claims for the delivered goods is two years from receipt of the goods.
8. Limitation of Liability
8.1. The seller is liable for intent and gross negligence. Furthermore, the seller is liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the compliance with which a customer regularly relies. In the latter case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
8.2. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under product liability law remains unaffected.
8.3. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, the seller is not liable for the constant and uninterrupted availability of the online trading system and the online offers.
8.4. The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr. We do not participate in a dispute resolution procedure before a consumer arbitration board.
9. Final Provisions
9.1. Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
9.2. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which a consumer has his habitual residence remain unaffected.
9.3. Insofar as a consumer had his domicile or habitual residence in Germany at the time the contract was concluded and has either relocated at the time the action is filed or his place of residence is unknown at that time, the place of jurisdiction for all disputes shall be the Seller's place of business.
If a consumer is not domiciled or habitually resident in a member state of the European Union, the courts at the seller's place of business shall have exclusive jurisdiction for all disputes.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
9.4. Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.