Please note the general terms and conditions when using our digitalisation on demand service.
§ 1 Scope
These terms and conditions apply to the business relations of the University Library of the Technische Universität München (hereinafter: TUM University Library) and the client in connection with the usage of digitisation-on-demand offers (hereinafter: DoD). They apply exclusively. Opposing conditions of the client or ones deviating from these terms and conditions will not be recognised unless the TUM University Library has explicitly approved them in writing in the individual case concerned.
§ 2 Conclusion of Contract
The client comes into contact with the TUM University Library by submitting the request form. This request is not due to the effect of a legal binding.
The TUM University Library examines the request. If the TUM University Library, following an examination (availability of the medium, applicability of the medium for digitisation, possible opposing copyrights etc.), comes to the conclusion that the digitisation is possible, it creates a free estimate. This also includes a time frame within which the digitised version (ebook) is likely to be deliverable. This estimate represents an offer by the TUM University Library to conclude a contract. By written approval (e-mail) of the conditions and the GTC set in the estimate, the client accepts this contractual offer. Time of acceptance is the receipt of the written confirmation of the terms set in the estimate in the TUM University Library. The receipt of this acceptance at the TUM University Library is confirmed by an e-mail to the client (confirmation of receipt).
The person or persons placing the order must be of legal age. Underage persons require consent from their legal representatives to enter into a DoD contract. Without this consent, a contract does not come into existence.
Should a digitisation after the request of the client not be possible, the client will be informed of this.
The order information is stored for the execution of the contract and will be deleted 4 weeks after the contract’s execution.
§ 3 Maturity, Payment and Default
The price determined in the estimate is due on the delivery date of digitised version (ebooks) on CD-ROM/DVD or upon receipt of the access data for the retrieval of the digitised version (ebooks).
Payment is made by bank transfer as per invoice.
Cash payment is only possible in the individual case and upon explicit written agreement.
If the client defaults, the TUM University Library will be entitled to charge default interest at a rate of 5 percentage points above the respective base rate. The right of the TUM University Library to claim higher damages remains unaffected by this.
The client is entitled to compensation only provided and to the extent that the claims are determined without further legal recourse or uncontested by the TUM University Library. A right of retention can only be claimed through the client if the counterclaim is based on the same contractual relationship.
§ 4 Delivery
The client receives the digitised version (ebook) as a PDF-file, either as a CD-ROM/DVD by mail to the address specified by the client or for downloading from the media server mediaTUM. The client receives the access data for the download by mail. The link to the download is then available to the client for two months.
§ 5 Passing of Risk
In the case of providing the digitised version (ebooks) as a link to the download, the risk of accidental deterioration / accidental destruction of the digitised version (ebooks) is passed over to the client on activating the link to the download. Concerning delivery by mail of CD-ROMs/DVDs, the risk is passed over on the delivery of the digitised version (ebooks) to the client.
§ 6 Retention of Title
Till the receipt of the payment, the digitised version (ebook) remains the property of the TUM University Library.
§ 7 Usage of the Digitised Version
The client is allowed to use the digitised versions (ebooks) produced in the context of DoD solely for personal, non-commercial purposes. The usage is permitted only within the framework of these GTC.
After the expiry of 2 months, the digitised version (ebook) will be unlocked throughout the internet on the media server mediaTUM, regardless of the client’s desired delivery method.
§ 8 Withdrawal
A right of withdrawal does not exist. With the provision of the digitised version (ebooks) as a download, this emerges from the nature of things, with the delivery of CD-ROMs/DVDs from the fact that the storage medium is unsealed.
§ 9 Warranty / Liability
The TUM University Library is liable for defects in the service according to the legal requirements.
If the client receives a defect-free article within the supplementary performance, they are obligated to return the initially delivered CD-ROM/DVD to the TUM University Library within 4 weeks at the latter’s cost.
The TUM University Library is liable for intentionally or grossly negligent damages caused, for fraudulent concealment of defects, with the acceptance of a guarantee of quality as well as for personal injury. Any further liability for damages, especially for those that do not occur on the delivery item, does not exist.
The TUM University Library does not give a guarantee that the client will be able to use the digitised version (ebook) in the way they intended, or that the digitised version (ebook) will meet specific client requirements. The quality of the digitised version (ebooks) depends on the medium that is to be digitised, therefore, especially the possibility of automated text recognition (OCR) cannot be guaranteed.
§ 10 Final Provisions
The law of the Federal Republic of Germany applies. The application of the UN Sales Convention is excluded.
Exclusive place of jurisdiction is Munich.
