Standard business terms of TU Wien Academic Press Webshop
1. Scope of application
TU Wien operates a webshop under the name of TU Wien Academic Press. For all business relations, in particular for purchase contracts for publications (hardcopy publications) as well as free granting of usage rights relating to e-books, jointly referred to below as “Products,” the standard business terms (“SBT”) below apply exclusively between TU Wien and the customer according to the version current at the time of ordering. Upon submission of the order, the customer declares his or her agreement with these SBT and is bound by them. TU Wien does not recognise any divergent terms of the customer unless their application was explicitly agreed in writing.
2. Order, conclusion of a contract, payment, partial deliveries
2.1 Hardcopy publications
Presentation of the Products, including information about price, on the website of TU Wien Academic Press is not a binding offer.
If the customer, when purchasing a hardcopy publication at the end of order placement, clicks on the button “Send order,” then this constitutes a legally binding offer to buy the hardcopy publication ordered, valid for a period of ten working days (“offer deadline”). The contract of purchase with TU Wien comes about by dispatching the hardcopy publication to the customer. Dispatch and invoice clearing occurs via TU Wien Bibliothek.
The customer must remit payment (purchase price plus dispatch costs as indicated) for the hardcopy publications within three weeks after receipt of the hardcopy publications ordered, paid to the bank account disclosed in the invoice. In case of late payment, the statutory late payment interest in the amount of 4% applies.
TU Wien is entitled to deliver in portions and the customer is obliged to accept delivery. All partial deliveries must be sent by the offer deadline.
TU Wien is not a commercial type operation and is not subject to value-added tax. The prices indicated on TU Wien Academic Press website and cited in the invoice do not therefore include any value-added tax.
2.2 E-books
With no-cost download of electronic copies (e-books) conclusion of the contract occurs as soon as the customer has started the download.
3. Passing of risk and retention of title
Risk of accidental damage or loss of the publications ordered passes to the customer when the goods come into the possession of the customer. The goods remain, until fully paid for by the customer, the property of TU Wien.
4. Copyright to e-books
The use of e-books by the customer is subject to applicable copyright law as well as to concrete creative commons licences identified in the particular download link. The creative commons licence is a component part of the contract concluded between TU Wien and the customer. At the start of the download, the customer obligates himself / herself to comply with the creative commons licence.
5. Warranty and damage compensation
For all damages caused by culpable violation of the contract, TU Wien is only liable if the latter was caused by at least grossly negligent behaviour of its employees or agents. The liability amount is in any case limited to half of the purchase price subject to liability. This likewise applies to damages in case of lateness or impossibility of performance. For consumers within the meaning of the Consumer Protection Act damage compensation is paid to the statutory extent.
6. Right of revocation, right to withdraw
The customer is entitled to revoke the concluded contract within 14 days without giving any reasons. The deadline begins on the day on which the customer, or a third party designated by the customer that is not the shipper, has taken possession of the goods.
In order to exercise the right of revocation, the customer must inform TU Wien of its decision to revoke this contract (e.g. by means of email to academicpress@tuwien.at). To meet the revocation deadline, it suffices that the customer sends the notification of exercise of the right of revocation prior to the expiry of the revocation deadline.
The consequences of revocation are:
If the customer revokes this contract, then all payments received from him or her by TU Wien, including delivery cost must be repaid within 14 days from the date when the notification of the revocation was received by TU Wien. For this repayment the same mode of payment must be used that the customer used when paying. TU Wien may refuse payment until the goods have been received or until the customer has provided proof that he or she has returned the goods, whichever date is earlier. No fees are charged for return dispatch.
The customer must return the goods to
TU Wien Academic Press
c/o TU Wien Bibliothek
TU Wien
Resselgasse 4, A-1040 Vienna
at the latest within 14 days from the date on which he or she notified TU Wien of the revocation of this contract.
The deadline is met if the goods are sent prior to expiry of the deadline. The customer must only compensate any eventual loss of value of the goods if such loss of value is due to unnecessary handling of testing the nature, properties and functioning of the goods.
7. Applicable law, court venue
Place of performance for both contracting parties is Vienna. Agreed as the proper court of jurisdiction is the court having geographical and functional jurisdiction for the registered offices of TU Wien. Austrian law applies with the exclusion of national and supranational referral standards (Private International Law Act and Rome I Regulation) and international sale of goods (United Nations Convention on the International Sale of Goods). Where a customer is a consumer within the meaning of the Consumer Protection Act (KSchG), any court has jurisdiction over eventual legal disputes in the administrative district of which the customer has his or her habitual abode or place of employment.
8. Final provisions
Should individual provisions of these SBT be fully or partially contrary to mandatory statutory regulations, then the remaining provisions of these SBT will nonetheless retain their validity. Amendments and supplements to these SBT as well as all contracts concluded on the basis thereof may only occur in writing.
Notice: The data protection regulations can be inspected here.