Business Center „Bee Garden“
173 Prilep Street, 3. Etage, Office 30
Phone: +359 87 878 10 87
hereinafter referred to as the Seller.
1. General definitions
(1) The Seller offers printing and binding services for students in particular on the www.thesis.me website. The following General Terms and Conditions (GTC) apply to the business relationship between the Seller and the Customer in the version valid at the time of the order.
(2) A consumer 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. Entrepreneurs in the sense of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the legal transaction. Customers within the meaning of the Terms and Conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements shall take precedence over these GTC. Deviating, conflicting or supplementary GTC shall not become part of the contract unless their validity is expressly agreed.
2. Conclusion of Contract
(1) The presentation of the Seller's products and services does not constitute an offer in the legal sense, but merely an invitation to the Customer to make an offer in the legal sense. The ordered products may deviate slightly from the goods presented on the Internet due to the technical possibilities of presentation; in particular, there may be deviations in color, insofar as this is reasonable.
(2) Orders can only be placed by those persons who have previously registered on the web portal "thesis.me" as so-called "users". The order by the Customer can be placed via the Seller's website. The Customer's order shall constitute a binding offer to conclude a purchase contract for the ordered product(s) or service(s).
(3) The Seller shall immediately confirm receipt of the Customer's order by fax or e-mail.
a) In the case of payment by credit card, the purchase contract shall not already be concluded with this order confirmation, but only with the sending of a separate e-mail with an order confirmation or the delivery of the product(s) or service(s). In the case of payment by credit card, the Seller is entitled to accept the contractual offer contained in the order within two working days. It is equivalent to acceptance if the Seller delivers the ordered products or services within this period.
b) In case of payment by PayPal, the contract is already concluded with the payment instruction by the customer. The condition for an effective conclusion of the contract is always that the order process is completed with the sending of the order.
(4) The conclusion of the contract is subject to the reservation that in the event of incorrect self-delivery, we will not perform. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. Otherwise, the consideration will be refunded immediately. In case of unavailability of the goods, the customer will be informed immediately.
(5) If the customer orders the goods electronically, the text of the contract will be stored by the seller and sent to the customer together with the legally effective GTC by e-mail after conclusion of the contract.
3. Retention of title
(1) In the case of consumers, the Seller retains ownership of the products and services provided until the purchase price has been paid in full. For entrepreneurs, the seller retains ownership of the products and services until full settlement of all claims arising from an ongoing business relationship.
(2) In the event of conduct by the Customer in breach of contract, in particular in the event of default in payment, in the event of false information provided by the Customer regarding its creditworthiness or if an application is made for the opening of insolvency proceedings, the Seller shall be entitled - if necessary after setting a deadline - to withdraw from the contract and to demand the return of the Products, provided that the Customer has not yet provided the consideration or has not provided it in full.
(3) The Seller undertakes to release the securities to which it is entitled at the Customer's request to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon the Seller.
(1) The stated purchase price is binding. The purchase price includes the statutory sales tax. The additional shipping costs incurred during shipping are included in the overview "Shipping and Payment" https://www.thesis.me/en/shipping-and-payments. Costs for packaging are already included in the shipping costs.
(2) The customer undertakes to pay the total price within 14 days after receipt of the order confirmation by e-mail or the invoice. After expiration of the deadline, the customer is in default of payment. During the delay the consumer has to pay interest on the money debt in the amount of 5 percentage points above the base interest rate. During the period of default, the entrepreneur shall pay interest on the debt in the amount of 9 percentage points above the base interest rate. In the event of default on a claim for payment, the Contractor shall also owe a lump-sum payment in the amount of 40.00 euros. This shall also apply if the Entrepreneur is in default with a payment on account or any other installment payment. The Seller reserves the right to claim higher damages for default from the Entrepreneur. The lump sum according to sentence 5 shall be credited against a claim for damages owed, insofar as the damage is justified in costs of legal prosecution.
(3) The Customer shall only have a right of set-off if its counterclaims have been legally established, acknowledged or not disputed by the Seller. The right of the customer to offset against contractual and other claims arising from the initiation or execution of this contractual relationship shall remain unaffected. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
5. Payment options
(1) Customers may pay the purchase price by credit card.
(1) The Seller shall deliver exclusively to the countries specified in the overview "Shipping and Payment" https://www.thesis.me/en/shipping-and-payments.
(2) The delivery period for deliveries within Germany is indicated on the respective offer page. The start of the delivery period is determined (depending on the selected payment method) according to paragraphs 3 to 5.
(3) If payment is made by PayPal, the delivery period begins one day after the payment instruction has been made. For all other payment methods, the period begins one day after the order. Also, the start of the stated delivery period is dependent on the customer fulfilling his obligations, in particular, to provide his delivery address correctly as part of his order. The Seller assumes no liability for transit times of the shipping service company.
(4) Information about the delivery time in case of delivery to other countries can be found in the customer information https://thesis.me/en/customer-information and in the overview "Shipping and Payment" https://www.thesis.me/en/shipping-and-payments on the Seller's website.
(5) If the start or end of the deadline falls on a Saturday, Sunday or a public holiday, the start or end of the deadline shall be postponed to the following working day.
(6) With regard to the reservation of proper self-delivery, the Seller refers to § 2 para. 4 of these GTC.
(7) The Seller shall be entitled to make a partial delivery, insofar as a partial delivery is reasonable for the Customer, taking into account its interests. This shall not affect the content of the contract, in particular the performance owed by the Seller or the agreed performance period. The customer shall not incur any additional costs as a result of the partial delivery.
7. Transfer of risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon handover of the goods, even in the case of a mail-order purchase.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale to destination upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
(3) Handover shall be deemed to have taken place if the Customer is in default of acceptance.
(1) The customer is entitled to a statutory warranty right, which is modified according to §§ 8, 9 of these GTC.
(2) Ordered goods may deviate slightly from the goods depicted on the Internet within the bounds of what is reasonable. Reference is made to § 2 para. 1 of these GTC.
(3) Consumers have the choice whether to demand subsequent performance by repair or replacement. The Seller shall be entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate cost and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of companies, the Seller shall initially provide warranty for defects in the goods by rectifying the defect or supplying a replacement, at the Seller's discretion.
(4) If the subsequent performance fails, the customer may in principle demand a reduction of the purchase price (abatement) or rescission of the contract (withdrawal); in addition, the customer may demand damages in lieu of performance. In the event of only insignificant defects, the customer - taking into account the interests of both parties - shall not be entitled to withdraw from the contract. Instead of damages in lieu of performance, the customer may demand reimbursement of futile expenses within the scope of § 284 of the German Civil Code (BGB), which the customer incurred and could reasonably be expected to incur in reliance on receipt of the goods. If the Customer chooses compensation instead of performance, the limitations of liability pursuant to § 9 para. 1 of these GTC shall apply.
(5) Entrepreneurs must notify the Seller of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise, the assertion of the warranty claim is excluded. Timely dispatch or notification shall be sufficient to meet the deadline. For merchants, § 377 HGB (German Commercial Code) shall apply.
(6) If the Customer is an entrepreneur, only the Seller's product description shall be deemed agreed as the quality of the goods. Public statements, promotion or advertising by the manufacturer shall not constitute a contractual quality of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. The one-year warranty period shall not apply if the Seller can be accused of gross negligence, nor in the event of bodily injury or damage to health attributable to the Seller and in the event of loss of life of the Customer, in the event of a guarantee and in the event of delivery recourse pursuant to § 478 BGB. The Seller's liability under the Product Liability Act shall remain unaffected.
(8) Notwithstanding para. 7, the regular limitation period shall apply if the Seller has fraudulently concealed a defect.
(9) The Seller does not give any guarantees to the Customer in the legal sense, unless expressly agreed otherwise. Manufacturer's warranties remain unaffected by this.
9. Limitations of liability
(1) In the case of slightly negligent breaches of duty, liability shall be limited to the foreseeable, contract-typical average damage according to the type of goods. This shall also apply in the case of slightly negligent breaches of duty by the legal representatives or vicarious agents of the Seller. The Seller shall not be liable in the event of a slightly negligent breach of immaterial contractual obligations. However, he is liable for the violation of essential contractual legal positions of the customer. Material contractual legal positions are those which the contract must grant to the customer according to the content and purpose of the contract. Furthermore, the Seller shall be liable for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer may rely.
(2) The above limitations of liability do not affect claims of the customer arising from guarantees and/or product liability. Likewise, there shall be no right of revocation in the case of distance contracts for the delivery of products which have been manufactured according to customer specifications pursuant to Section 312d (4) No. 1 of the German Civil Code (BGB). Furthermore, the limitations of liability shall not apply in the event of fraudulent intent, breach of material contractual obligations, or in the event of bodily injury or damage to health attributable to the Seller or in the event of loss of life of the Customer.
(3) The Seller shall only be liable for its own content on the website of its online store. Insofar as links provide access to other websites, the seller is not responsible for the third-party content contained therein. He does not adopt the external content as his own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.
(4) The customer does not acquire any rights to the intellectual property of the seller. Furthermore, the customer declares that he has the copyright and the right of use of the contents transmitted by him. In case of disregard of the copyrights and rights of use, the customer indemnifies the seller from claims of third parties.
10. Notes on specific products and services
(1) The Customer has the option to modify or cancel a printing and binding order submitted by him within sixty minutes. The cancellation must be submitted via the support form https://www.thesis.me/en/support, stating the order number. Alternatively, the cancellation can be made by calling the service phone number +359 87 878 10 87 and indicating the order number.
(2) In addition to printing and binding services, additional services such as data check or formatting work are offered on the web platform. The Customer has the option to cancel a service order submitted by him within sixty minutes. The cancellation must be submitted via the support form https://www.thesis.me/en/support, stating the order number. Alternatively, the cancellation can be made by calling the service number +359 87 878 10 87 and indicating the order number. Otherwise, the order for additional services will be fulfilled by the Seller within the agreed forms and deadlines. In the event that the agreed deadline cannot be met, the Customer shall be informed thereof in due time.
(3) The Seller cannot be held liable for any incomplete or incorrect data transmitted by the Buyer. Likewise, the Seller shall not be liable for the failure to detect errors with regard to spelling, grammar, sentence structure or punctuation. Furthermore, the seller excludes liability for consequential damages, such as delays in studies, unsuccessful completion of studies, plagiarism or unsatisfactory or inadequate evaluation of the study work.
11. Final Provisions, Dispute Resolution
(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. § 20, 13 para. 6 p. 4 TDSG shall remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the court competent at the Seller's place of business, unless an exclusive place of jurisdiction is given. However, the Seller shall also be entitled to sue the merchant at the court having jurisdiction over his place of residence or business. The jurisdiction based on an exclusive place of jurisdiction shall remain unaffected.
(3) We are obliged to inform you that with regard to the so-called online dispute resolution, the European Commission provides a corresponding online platform. You can access this platform at the following link: https://ec.europa.eu/consumers/odr. In this context, we are also obliged to inform you of our e-mail address. This is: hello(at)onsites.com. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Customer information: https://www.thesis.me/en/customer-information
Shipping and payment: https://www.thesis.me/en/shipping-and-payments