General Terms and Conditions

A. General information

  1. The following general Terms and Conditions (GTC) apply in the version valid at the time of the order for all sales contracts concluded by CPE Europe GmbH (Albert-Einstein-Ring 11-15, 22761 Hamburg, Germany, Tel.: +49 (0) 40 2093485-00, E-Mail: info@edu.umch.de) – in the following “CPE” – with the customer based on the offers in the online shop of the website www.shop.edu.umch.de , as well as for their processing.
  1. The customer accepts these terms and conditions with his order.
  2. Differing conditions of the customer are not accepted. This also applies if the inclusion is not explicitly contradicted.

B. Conclusion of Contract

  1. The products offered in the online shop do not constitute a binding sales offer on the part of CPE.
  2. The conclusion of the contract shall be effected by the binding submission of the customer’s order by clicking the button “Buy Now” and the acceptance of this offer by sending a binding pickup notification or delivery confirmation by CPE.

The receipt of the order is confirmed by CPE sending a non-binding order confirmation to the customer. This order confirmation does not serve to accept the offer, but only serves for informational purposes regarding the receipt of the customer’s order by CPE.

The conclusion of a sales contract is only possible if the customer provides the personal data required for the order completely and correctly. The customer is responsible for the truthful and complete provision of personal data.

  1. When ordering, the customer chooses between the options “Local pickup” and “Shipping”.
  2. If one or more items are not available, CPE shall be entitled to not accept the customer’s order without giving reasons. The same shall apply if a customer has unjustifiably not paid an invoice regarding a previous order.
  3. CPE may limit the acceptance of an order to normal household quantities.
  4. CPE is not obliged to keep the online offer permanently available.

C. Collection and Delivery

  1. In the event that the customer picks up the goods, the goods must be collected at the offices of CPE (Albert-Einstein-Ring 11-15, 22761 Hamburg) and during the business hours of CPE. The binding pickup notification will provide further details.
  2. In case of delivery of the goods, the shipping costs are 5,99 € for shipping with the German Postal Service (DHL). The shipping costs are to be paid by the customer.
  3. The shipping is only possible within Germany.
  4. Costs (e.g. postage), which arise for a possible return of the goods by the customer, have to be paid by the customer himself.

D. Cancellation policy

Right of revocation

You have the right to revoke this contract within fourteen (14) days without giving reasons.

The revocation period shall be fourteen (14) days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.

In order to exercise your right of revocation, you must inform us CPE Europe GmbH (Albert-Einstein-Ring 11-15, 22761 Hamburg, Germany, phone: +49 (0) 40 2093485-00, fax: +49 (0) 40 2093485-09, e-mail: info@edu.umch.de) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to revoke this contract. You may use the Standard Withdrawal Form attached below for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery charges, immediately and no later than fourteen (14) days from the date we receive notice of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You shall return or hand over the goods to us (CPE Europe GmbH, Albert-Einstein-Ring 11-15, 22761 Hamburg, Germany, phone.: +49 (0) 40 2093485-00, fax: +49 (0) 40 2093485-09, e-Mail: info@edu.umch.de without delay and in any case within fourteen (14)  days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the end of the fourteen (14) day period.

You shall bear the direct costs of returning the goods.

– End of the cancellation policy –

Standard Withdrawal Form

If you want to revoke the contract, please fill out this form and send it back to

CPE Europe GmbH, Albert-Einstein-Ring 11-15, 22761 Hamburg, Germany, phone.: +49 (0) 40 2093485-00, fax: +49 (0) 40 2093485-09, e-mail: info@edu.umch.de .

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the costumer(s)

Address of the costumer(s)

Signature of the costumer(s) (only in case of paper communication)

Date

___________

* Delete as applicable.

 

E. Terms of Payment and Offset and Right of Retention

  1. The prices shown in the online shop are in EURO including the statutory sales tax and, in case of delivery of the goods, excluding the packaging and shipping costs stated on the website.
  2. Payment of the purchase price and, if applicable, the shipping costs can be made by SEPA direct mandate, credit card, Giropay and PayPal.
  3. Cash payment upon collection of the goods is explicitly excluded.
  4. For each order, CPE explicitly reserves the right not to offer some of the payment methods listed under E. 2. of these GTC and to refer to other payment methods.
  5. The purchase price and, if applicable, the shipping costs are due upon acceptance of the order by CPE.
  6. In the case of payment by SEPA direct mandate, the order will only be shipped/offered for collection as soon as the receipt of the purchase price can be recorded on CPE’s account.
  7. In the event that the customer is in default of payment of the purchase price and/or shipping costs, CPE shall be entitled to withdraw from the sales contract without prior notice.
  8. The customer shall not be entitled to offset against CPE’s claims unless his counterclaims have been legally established or are undisputed. The customer shall also be entitled to offset against the claims of CPE if the customer asserts notices of defects or counterclaims from the same sales contract.
  9. The customer may only exercise his right of retention if his counterclaim arises from the same sales contract.

F. Electronic Invoicing

If the customer requests an invoice for his order, he agrees that the invoice may in principle be transmitted by CPE in electronic form. Consequently, the customer agrees that in the event that he requests an invoice, he will not receive a paper invoice and that CPE will send the electronic invoice to the customer’s e-mail address.

G. Retention of Title

  1. CPE retains title to all goods ordered and possibly delivered until they have been paid for in full.
  2. The customer undertakes to treat the goods with care, not to contaminate them and not to damage them until the invoice amount has been paid fully.

H. Warranty

  1. CPE does not take on any procurement risk in the case of a sales contract for a generic product. Instead, CPE’s delivery obligation/provision obligation is limited to the respective stock of goods.
  2. In the event of non-availability of the goods, CPE will immediately reimburse any advance payment made by the costumer.
  3. CPE shall be liable for material defects or defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 et seq. GERMAN CIVIL CODE (Bürgerliches Gesetzbuch – BGB). The limitation period for legal claims for defects is two (2) years and begins with the collection or delivery of the goods.
  4. CPE shall be entitled to refuse the type of supplementary performance chosen by the customer if it is only possible at disproportionate costs and the other type of supplementary performance does not cause significant disadvantages for the customer.
  5. CPE shall not be liable for defects in the goods caused by improper handling. The same applies to cases in which the customer does not properly follow the regulations regarding the treatment and care of the goods.

 

I. Liability, Limitation of Liability and Release from Liability

  1. The liability of CPE is excluded for slightly negligent breaches of minor contractual obligations.
  2. In the event of a slightly negligent breach of an essential contractual obligation, the liability of CPE shall be limited to the foreseeable damage typical for the type of contract.
  3. Essential contractual obligations are those obligations whose fulfilment makes the proper execution of the sales contract possible in the first place and on whose compliance the contracting party may regularly rely.
  4. The aforementioned limitations of liability shall not affect claims of the customer based on product liability, claims based on bodily harm and damage to health attributable to CPE or in the event of loss of life, as well as in the event of fraudulent concealment of a defect or in the event of CPE providing a guarantee.
  5. In cases in which the liability of CPE is excluded or limited, this shall also apply to the employees, workers and vicarious agents of CPE.

J. Copyrights

The CPE owns all copyrights to all pictures, films and texts published in the online shop. Any use of the pictures, films and texts is not permitted without the explicit consent of CPE.

K. Data Protection

Details on data protection at CPE Europe GmbH can be found in the data protection information at .

L. Final Provisions

  1. The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
  2. If the customer is a merchant and has his registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
  3. Dispute settlement: The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for extrajudicial solutions of disputes concerning contractual obligations arising from online purchase contracts. More information is available at http://ec.europa.eu/consumers/odr/ .
  4. CPE is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.