The following text is for information purposes only, please always note the contract language German and the corresponding German-language page(s). Only these are legally binding.
§ 1 Validity, definition of terms
(1) The University Library Erlangen-Nuremberg, represented by the President of the Friedrich-Alexander-Universität Erlangen-Nürnberg, as provider of FAU University Press, Universitätsstr. 4, 91054 Erlangen, Germany (hereinafter: "we" or "FAU University Press"), operates an online store for products at https://www.university-press.fau.de . 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 are predominantly outside their trade, business or profession. " Business" means a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in exercise of its trade, business or profession, whereby a partnership with legal capacity is a partnership which has the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of the contracts, storage of the texts of the contracts
(1) The following provisions on the conclusion of contracts apply to orders placed via our online store at https://www.university-press.fau.de.
(2) Our presentations of products on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of the desired product,
- Add the products by clicking on the corresponding button (e.g. "Add to shopping cart", "Add to shopping bag" or similar),
- Check the details in the shopping cart,
- Go to the order summary by clicking on the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "Go to order summary" or similar),
- Enter/check address and contact details, select payment method, confirm general terms and conditions and revocation policy,
- If the agreed condition of the goods deviates from their usual condition and usage requirements, confirmation of a negative agreement on condition,
- Complete the order by clicking the "Buy now" button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) If a contract is concluded, the contract is concluded with University Library Erlangen-Nuremberg, Universitätsstr. 4, 91054 Erlangen, Germany. The library is represented by the President of the Friedrich-Alexander-Universität Erlangen-Nürnberg.
(5) Before placing an order, the contract data can be printed out or saved electronically 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 general terms and conditions and the revocation policy, is sent by e-mail after you have placed the order, in some cases automatically. We do not save the text of the contract after it has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The execution of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. 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 blocked by SPAM filters.
§ 3 Purpose of the contract and essential product details
(1) The following is the subject matter of the contract for our online store:
- The sale of products. The specific items on offer can be found on our product pages.
(2) The essential product details can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). If the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
§ 4 Pricing, shipping costs and delivery
(1) The quoted prices in the respective offers and the shipping costs are the total costs and include all components of the price including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on an invoice. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated for 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) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (delivery time: approx. 5 - 10 days after receipt of payment or after receipt of the order in the case of purchase on invoice).
(5) We deliver worldwide.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is based on our Information on the Right of Withdrawal.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) If we are in default of fulfilment due to slight negligence, if fulfilment has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable contract-typical damage. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in § 3.
§ 8 Contract language
The contract language is solely German.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for goods delivered to business customers is 12 months.
(3) As a consumer, you are requested to check the product/digital items or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
§ 10 Final provisions/dispute settlement
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(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 trader, 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 is the registered office of the provider.
(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.