General Terms and Conditions
§ 1 General
Sale and delivery are exclusively subject to these terms and conditions. With the placing of an order these are automatically accepted. Deviations from these terms and conditions must be made in written form for each contract.
§ 2 Offers
(1) Offers are subject to change and non-binding in terms of quantity, price, and delivery time, unless explicitly assured otherwise in written form. Obvious typing and calculation errors are not binding.
(2) Changes in technical properties are possible at any time without prior notice due to constant further development. Information about the quality of the goods is non-binding general information. Technical specifications can only be deemed to be warranted characteristics if they are explicitly warranted as such in the purchase contract.
(3) The customer is bound by orders in the case of a purchase or an order for at least six weeks, and in the area of services for at least two weeks after receipt of the order.
§ 3 Orders
Orders shall be placed in writing. Orders commit to the acceptance of the goods in the above-mentioned (§ 2 para. 3 GTC) period. In case of cancellation of an order within the above mentioned period (§ 2 Abs. 3 AGB) a contractual penalty of 25 %, at least however € 25,00 will be charged. Thereafter, the order can only be canceled free of charge after setting a proper deadline (see below § 5 Para. 3 GTC).
§ 4 Acceptance
If the Buyer is in default of acceptance of the goods, the seller is entitled to withdraw from the contract or to claim damages for non-performance. The §§ 320 ff. BGB will apply in their entirety.
§ 5 Delivery
(1) Delivery dates stated by the seller are non-binding unless they are explicitly marked as binding. Delivery periods agreed in written form are effective from the date of conclusion of the contract and are deemed to have been adhered to if the buyer has been assured that the goods are ready for collection or delivery.
(2) Delivery periods are based on the possibilities of the upstream supplier. In the event of unforeseeable obstacles to delivery such as fire, strike, boycott or similar, the period is extended by this period. The seller is entitled to withdraw from the contract if the supplier does not fulfill the contract concluded, for reasons which are not the seller’s responsibility. In case of impossibility of performance, the right to delivery expires. Costs from previously provided services nevertheless accrue.
(3) In the event of a delay for which we are responsible, the duration of the period of grace to be set by the contractual partner is four weeks in the case of deliveries and 14 days in the case of services, which begins upon receipt by the written notice of the period of grace.
(4) In the case of sales contracts, the place of performance is the registered office of the Company.
(5) The sale of the goods is subject to retention of title. Should the goods be resold, all claims arising from this legal transaction are hereby assigned in advance by way of security.
(6) In the event of seizure or other access by third parties to goods subject to retention of title, the buyer must point out the actual ownership situation and inform the seller immediately.
§ 7 Warranty
(1) In principle, the statutory provisions for the warranty apply. Insofar as longer warranties on individual parts are stated in the offer or in the invoice, these are manufacturer warranties. A
handling fee of € 25.00 is charged for the handling of manufacturer warranty cases. For contracts for work and services, a warranty of 3 months applies. For contracts for work and services, a warranty of 3 months applies to the work-contractual part and a warranty of 6 months applies to other parts.
(2) Any liability is excluded for damages caused by the customer, in particular by improper operation or improper installation of parts; this applies in particular to damages caused by overvoltage within the power supply system. Wear parts and consumables are also excluded from the warranty.
(3) As far as devices are provided with a device seal, a warranty exceeding the legal warranty is only given if the seals are undamaged. If there are assemblies or components in the computer that are not identical to those registered by the manufacturer, the warranty that goes beyond the legal warranty also expires. Therefore, in the case of subsequent modifications, each change must be entered in the device passport. If seals are affixed to individual components, any warranty for these components expires when the seal is broken.
(4) Insofar as errors or service disruptions occur, these are to be notified in writing by registered letter, stating an appropriate period for rectification of the error of at least 2 weeks and with at least 3 proposed dates for rectification of the error.
(5) No liability is assumed for damages, such as loss of data, which are indirectly the result of equipment defects, or which occur as a result of the failure of equipment or parts. No liability is assumed for data loss that occurs as a result of services. The customer is responsible for proper data backup himself, unless he expressly instructs the supplier to do so in writing. Insofar as equipment cannot be used or can only be used in part as a result of damage or defective services, there is no claim for damages for this. Likewise, there is no claim for damages in the above-mentioned cases in the event of additional personnel expenses.
(6) The costs of the damage assessment, which is not covered by the warranty, are borne by the client.
§ 8 Software
(1) Software is excluded from exchange and return after the original packaging has been opened, the seal has been damaged or the user license has been personalized. The manufacturer is exclusively liable for damages caused by errors in the software or its manuals, as these are beyond the control of the seller. In all other respects, the respective license conditions apply.
(2) If the customer does not agree with the license conditions and the seal or the original packaging are undamaged, he can withdraw from the purchase contract within seven days.
§ 9 Data Protection
(1) The buyer agrees that his personal data: Name, address, telephone, and fax number as well as all data concerning the business relationship (invoice date, product serial numbers etc.) will be stored. Address data can be used for the creation of customer cover letters.
(2) The seller assures compliance with the BDSG and HDSG.
§ 10 Severability Clause
Clauses that are only legally possible among merchants are only applicable among merchants. Should any provision of this agreement be wholly or partially invalid or later lose its legal effect, this does not affect the validity of the remaining provisions. In place of the invalid provision, the statutory provisions apply.
§ 11 Place of Jurisdiction
The exclusive place of jurisdiction and performance for all disputes arising from the contractual