General Terms and Conditions of Business and Customer Information Online Shop ESMT BERLIN 1 Scope of Application, Provider and Vicarious Agents 1. These General Terms and Conditions of Business apply to all orders which you make in the ESMT online shop. Unfortunately, we can currently only process orders from EU countries via our online shop. Buyers from non-eu countries: please send your order enquiry to the following email address: webshop@esmt.org. We will then immediately contact you. 2. The operator of the online shop and seller is ESMT European School of Management and Technology GmbH (hereinafter referred to as ESMT ), represented by its managing directors, Schlossplatz 1, 10178 Berlin, Germany; Commercial Register No. HRB 87005 (Berlin- Charlottenburg Local Court (Amtsgericht); VAT ID No.: DE814050117; service hotline (Monday to Friday, 9 a.m. - 2 p.m.) +49 30 21231 1044, outside service hours an answering machine is switched on; email: webshop@esmt.org. 3. ESMT uses the online e-commerce platform developed and operated by CosmoShop GmbH, Puchheim/Munich, Germany for the online shop. 4. ESMT commissions Wolanski, Berlin, Germany, with the acceptance of goods, storage, shipping and processing of returns. 5. The product range in the ESMT online shop is aimed at buyers who are consumers within the meaning of section 13 of the German Civil Code (BGB) and at buyers who can be seen as entrepreneurs within the meaning of section 14 (1) BGB. Both buyer groups must be 18 years of age or over. 6. Deliveries, services and offers from the ESMT online shops are carried out exclusively on the basis of these General Terms and Conditions of Business. These General Terms and Conditions of Business also apply to companies for all future business relationships, even if they have not been expressly agreed again. The inclusion of a customer s general terms and conditions of business which contradict our General Terms and Conditions of Business is opposed as a precaution. 7. The contractual language is German. An English translation is available. 8. You can download and print out the applicable General Terms and Conditions of Business from the website. 2 Conclusion of contract 1. The presentation of goods in the ESMT online shop does not constitute a binding request for the conclusion of a purchase contract. It is rather a non-binding invitation to order goods. 2. By your order, you are submitting a binding offer in accordance with section 145 BGB to conclude a contract with you. 3. After receipt of the purchase offer, you will receive an automatically generated email in which it is confirmed that your order has been accepted. You will receive this email via the Cosmo shop with the following email address as sender: webshop@esmt.org. A purchase contract has not yet come into being with this receipt confirmation. 4. A purchase contract for the goods only comes into being when acceptance of the purchase offer is declared or the goods have been shipped to you. Page 1 of 8
5. When ordering via our online shop the process comprises four steps in total. In the first step, you select the required goods. In the second step, you enter your customer data including the billing address and any differing delivery address, if applicable. In the third step, you choose how you wish to pay. In the last step, you have the possibility of checking all details (e.g. name, address, payment method, ordered articles) again and to correct them if necessary before you make your order by clicking on Now order with the obligation to pay. 3 Main characteristics of the product or service The main characteristics can be found in the article description or the supplementary descriptions on our website. 4 Prices, shipping costs, return shipment costs 1. The prices shown in the ESMT online shop include the German statutory value added tax and any other price components, and are exclusive of the respective shipping costs. 2. The shipping costs differ depending on the recipient country: Shipping within Germany: 4.95 incl. VAT per order Shipping to Belgium, Luxembourg and the Netherlands: 25.00 incl. VAT; shipping to other EU countries: upon request. 3. You bear the direct costs of returning the goods. 5 Methods and terms of payment 1. Unless otherwise stated for the individual payment methods, the claims resulting from the contract concluded are payable immediately. 2. Payment shall be effected either by credit card or PayPal. 3. When paying by credit card, the purchase price is earmarked on the credit card ( authorization ) with the order. The amount is debited from your credit card account with the order. 6 Offset/Right of retention 1. You are only entitled to offset a claim if your counterclaim has been established in law or confirmed by us. 2. A right of retention can only be exercised if the counterclaim is based on the same contractual relationship. 7 Delivery; Terms of delivery; Retention of title 1. We deliver to all countries in the European Union. Unfortunately, deliveries to non-eu countries are not possible via our web shop. If you are interested, please contact us on webshop@esmt.org. 2. Unless otherwise agreed, delivery will take place ex our warehouse to the delivery address specified by you. 3. We hand over the goods to be delivered to the shipping company within five working days from complete receipt of payment. Unless otherwise specified in the article description the shipping company requires approximately two working days within Germany and between three and eight working days within the EU countries for the delivery from hand-over by us. Page 2 of 8
4. If there are any obstacles to delivery or other circumstances that preclude fulfilment of the contract, we shall inform the buyer by email. A partial delivery will be effected only with the buyer s consent. If the delivery to the buyer fails because the buyer has stated the address incorrectly or incompletely, a new delivery attempt will be made only if the buyer accepts the costs for the renewed dispatch. We shall notify the buyer of the cost of a new delivery by email. Renewed dispatch will not take place until payment has been received for these shipping costs. 5. The goods shall remain our property until payment of the purchase price has been received in full. 6. For entrepreneurs in the sense of section 14 BGB, the following shall apply in addition: - We reserve the title to the goods until full settlement of all claims from the current business relationship. The pledging or assignment of the reserved goods as security is not admissible prior to the transfer of ownership. - We undertake to release the security that we hold on request insofar as the realizable value thereof exceeds the claims to be secured by more than 10%. It is incumbent upon us to select the security to be released. 8 Cancellation instructions Right of revocation If you are a consumer in the sense of section 13 BGB, you are entitled to the right of revocation described below: You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date on which you or a third party nominated by you, who is not the carrier, has taken possession of the goods. If you exercise an existing right of revocation, you have to bear the normal cost of returning goods, unless mandatory laws in your country of origin stipulate otherwise. To exercise your right of revocation you must inform us - ESMT European School of Management and Technology GmbH, Schlossplatz 1,10178 Berlin [Tel. +49 30 21231 1044, Fax +49 30 21231 1069, email: webshop@esmt.org] - by means of an unambiguous declaration (e.g. letter sent by post, telefax or email) of your decision to cancel this contract. You can use the attached specimen cancellation form for this, but this is not compulsory. To ESMT European School of Management and Technology GmbH, Schlossplatz 1,10178 Berlin [Marketing and Communications, Fax +49 30 21231 1069, Email: webshop@esmt.org : I hereby revoke the contract which I concluded for the provision of the following service: Ordered on: Name of the consumer: Page 3 of 8
Address of the consumer: Signature of the consumer (only for communications on paper): Date: For the cancellation deadline to be met, it is sufficient that you send the notification of the exercise of the right of revocation before the revocation period expires. Consequences of the revocation If you cancel this contract, we have to pay back to you all the payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from that fact that you chose a different type of delivery than the cheapest standard delivery that we offer) promptly and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. We shall use the same method of payment for this repayment that you used for the original transaction, unless otherwise expressly agreed with you; on no account will you be charged a fee for this repayment. We may postpone payment of the money to you until we have received the returned goods or until you have furnished proof that you have sent back the goods, whichever is the earlier. You shall send back the goods or surrender them immediately and in each case no later than within fourteen days from the date on which you inform us of the revocation of this contract to our service provider, Wolanski GmbH, Am Stichkanal 24, 14167 Berlin, Tel.: +49 30 8479 8289. The deadline has been met if you dispatch the goods before the end of the deadline of fourteen days. You bear the direct costs of returning the goods. You must only pay us compensation for loss of value of the goods if this loss of value is attributable to unnecessary handling of the goods to examine the quality, characteristics and functionality of the goods. - End of the cancellation instructions - Exceptions The right of revocation does not apply to orders for the following goods: - goods which are tailored to the consumer s personal needs (e.g. T-shirt with name); - sealed goods whose seal has been removed and which are not suitable for return due to health protection or hygiene reasons; - sound or film carriers as well as software in sealed packages whose seal has been removed. Page 4 of 8
Please avoid damage or contamination. Please return the goods to us in the original packaging if possible with all the accessories and with all the packaging components. If applicable, use a protective outer cover. If you no longer have the original packaging, please ensure that suitable packaging is used for sufficient protection from transit damage in order to prevent claims for compensation due to damage resulting from defective packaging. 9 Warranty 1. Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the law on the sale of goods (section 433 et seqq. BGB). 2. As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects and transit damage without delay and notify us of any complaints as quickly as possible. Should you fail to comply with this, it will not have any impact on your statutory warranty claims. 3. If you are a consumer in the sense of section 13 BGB, the limitation period for warranty claims for used goods is one year, contrary to the statutory provisions. This restriction does not apply to claims based on damage resulting from loss of life, physical injury or illness or from the breach of an essential contractual obligation, the fulfilment of which allows the contract to even be duly implemented at all and on the observation of which the contracting party can regularly rely (cardinal obligation) or to claims due to other damage which is based on an intentional or grossly negligent breach of duty by the user or its vicarious agents. 4. Otherwise, the statutory provisions apply to the warranty. 5. If you are an entrepreneur in the sense of section 14 BGB, the statutory provisions shall apply with the following modifications: - Only our own information and the manufacturer s product description are binding for the quality of the products, not public promotions and statements or other advertising by the manufacturer. - You are obliged to inspect the goods immediately and with the requisite care for discrepancies in quality and quantity and notify us of any obvious defects within 7 days after taking receipt of the goods. This also applies to any hidden defects detected at a later date, from the time of their discovery. In the event that the obligation to inspect and provide notice of any defects is violated, the assertion of the warranty claims is excluded. - We shall give a warranty for defects in the goods at our discretion by rectifying the defect or supplying a replacement (subsequent performance). - If the subsequent performance fails twice, you can either demand a reduction or withdraw from the contract. - The warranty period is one year from delivery of the goods. 10 Liability 1. We are liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. In the case of simple negligence, we are liable for damage arising from loss of life, personal injury or illness of persons. 2. Otherwise the following restricted liability applies: In the event of simple negligence, we are only liable in the case of the breach of a material contractual obligation, the fulfilment of which allows the contract to even be duly implemented at all and on the observation of which you can regularly rely ( cardinal obligation ). The liability for simple negligence is limited in terms of the Page 5 of 8
amount to the foreseeable damage upon conclusion of the contract which is typically expected to occur. This limitation of actions also applies in favor of our vicarious agents. 11 Data protection I. General Provisions 1. We collect, store and process data within the scope of the statutory provisions during the initiation, conclusion, processing and reversal of a purchase agreement. 2. When visiting our online shop the current IP address used by your PC, date and time, browser type and operating system of your PC as well as the pages viewed by you will be recorded. Conclusions about personal data can therefore not be drawn by us, and are not intended. 3. The personal data which you disclose to us, for example in an order or by email (e.g. your name and your contact details), will only be processed for the correspondence with you and only for the purpose for which you have made the data available to us. We shall only forward your data to vicarious agents (e.g. to the shipping companies entrusted with delivery) if this is necessary to fulfil the purchase agreement. We assure you that we will otherwise not forward your personal data to third parties unless we are legally obliged to do so or you have expressly consented to it beforehand. 4. If use the services of third parties for the execution and handling of processing procedures, we shall comply with the provisions of the German Federal Data Protection Act. II. Storage duration We store your data for the fulfilment of our purchase agreement and for statistical evaluations. We do not use your data for other purposes unless you consented separately to the storage of your data in our electronic customer file, subscribed to our newsletter and the like. Insofar as storage periods under commercial and tax law have to be complied with, the storage duration for certain data may be up to 10 years. III. Your rights Should you no longer agree with the storage of your personal data or if the data is no longer correct, we shall arrange for the deletion, correction or disabling of your personal data upon receiving a corresponding instruction within the scope of the statutory provisions. Upon request, you can obtain free information on all personal data that we have stored about you. For questions concerning the collection, processing or use of your personal data or for questions concerning accessing of information, correction, blocking or deletion of data, please contact the data protection coordination office of ESMT, email: dataprivacy@esmt.org. IV. Links to other websites and commissioned data processing We use the e-commerce platform of CosmoShop, Germany, for our online shop, to which you will be directed to automatically when you click on the online shop. Your personal data will be stored on the servers of CosmoShop). As the protection and security of your data are important to us, we have chosen a German platform to which the high requirements of the German Federal Data Protection Act apply. We have assigned the processing of orders and dispatch of goods to the following service provider, which is based in Germany: Wolanski. We have concluded a commissioned data processing Page 6 of 8
agreement within the meaning of section 11 of the German Data Protection Act (BDSG) with these vicarious agents. If we additionally refer to or provide links to the websites of third parties from our online shop, we cannot accept any responsibility or any liability for the accuracy or completeness of the contents or the data security of these websites. As we have no influence on the observance of data protection provisions by third parties, you should check the data protection declarations offered in each case separately. 12 Instructions on the return of batteries/rechargeable batteries and on the disposal of electrical and electronic appliances 1. Batteries may not be disposed of with household waste. In Germany, you can hand in your old batteries free of charge at the public collection points and anywhere where batteries are sold. 2. Electrical and electronic appliances should not be disposed of via household waste. In Germany, you can hand in your old appliances at one of the local authority collection points. 13 Complaints and dispute resolution; obligation to inform pursuant to the German Consumer Dispute Resolution Law) (section 36 VSBG) We voluntarily agree to participate in dispute settlement proceedings which are conducted via the portal of the European Commission for online dispute settlement for consumers to settle differences of opinion/disputes. Consumers can use the following online dispute settlement platform to settle disputes: http://ec.europa.eu/consumers/odr/. 14 Final provisions 1. Should one or more provisions of these General Terms and Conditions of Business be or become invalid, the validity of the other provisions shall not be affected thereby. 2. German law applies exclusively to contracts between us and you, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods ( UN sales law ). 3. This choice of law shall only apply with respect to a consumer pursuant to section 13 BGB insofar as no mandatory legal provisions (e.g. consumer protection standards) of the country in which the consumer has its place of residence or habitual abode are restricted thereby. 4. Berlin, Germany, is the place of jurisdiction for all disputes arising from or in connection with contracts. Page 7 of 8