General terms and conditions with customer information
1. Scope
2. Offers and service descriptions
3. The order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, Availability Of Goods
6. Payment methods
7. Retention of title
8. Customer account
9. Defects warranty and guarantee
10. Liability
11. Storage of the contract text
12. Final provisions
1. Scope
1.1. For the business relationship between the Office and the copy management 2000 KG, Nürnberger Straße 52-54, 95448 Bayreuth, Germany (hereinafter referred to as "seller") and the customer (hereinafter the "customer") are subject to the following terms and conditions at the time the order is placed.
1.2. A consumer pursuant to these GTC is any natural Person who enters into a legal transaction for a purpose that is neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal Person or a legal partnership, in concluding a legal transaction, acts in exercise of its commercial or independent professional activities.
1.3. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the Online Shop is no legally binding offer, but an invitation to submit a purchase order. Performance descriptions in catalogues and on the Websites of the seller do not have the character of a representation or warranty.
2.2 All offers are valid "while stocks last", if not in the products stated otherwise. In addition, errors excepted.
Note: Please fill in the following with the appropriate button labels.
3. The order process and conclusion of contract
3.1. The customer can select from the range of seller's products, without obligation and on the add to cart button in a so-called shopping cart. Within the basket, the product may be changed selection, for example, will be deleted. Then the customer can go inside of the shopping cart on the checkout button to complete the ordering process below.
3.2. About the payment button place order, the customer submits a binding request to purchase the Goods in the shopping cart. Before Submitting the order, the customer can change the data at any time, and use the browser's "back" function to the shopping cart or the order process a total of cancel. Required fields are marked with an asterisk ( * ).
3.3. The seller then sends the customer an automatic confirmation of receipt by E-Mail in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received from the seller, and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product within 2 days to the customer, transferred, or shipment to the customer within 2 days, with a second E-Mail, the Express order confirmation or by sending the invoice has confirmed. The assumption can also be made by the seller addressed to the customer request for payment, at the latest by the end of the payment process. In the case of multiple approval processes, the earliest date of Acceptance shall be authoritative. Should the seller not accept the client's offer within the acceptance period, no contract is concluded and the customer is bound to his offer.
3.4 In the case of customers, the company, is the aforementioned deadline for shipment, Delivery, or order confirmation seven days instead of two.
3.5. The seller should provide for a Prepayment, the contract is concluded with the provision of the Bank data and payment is prompt. If the payment is not received when due, even after a second request to a time of 10 calendar days after the date of the order confirmation by the seller, the seller cancels the contract, with the result that the order is void and the seller the obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is, therefore, a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All the prices specified on the Website of the seller, be understood as including statutory sales tax.
4.2. In addition to the prices specified by the seller calculated for the shipping costs. The shipping costs will be communicated to the buyer on a separate information page and in the framework of the order process significantly.
5. Delivery, Availability Of Goods
5.1. If payment in advance is agreed, the delivery of the receipt of the invoice amount.
5.2. The delivery of the goods through the fault of the buyer should fail after three attempts at Delivery, the seller can withdraw from the contract. If necessary. payments will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product from its suppliers without fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, the delivery of a comparable product. If no comparable product is available or the customer does not wish to delivery of a comparable product, the seller shall refund to the customer any payments already made immediately.
5.4. Customers will be informed of delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers, the companies are, the risk of accidental loss and accidental deterioration of the goods to the purchaser as soon as the seller has delivered the item to the freight forwarder, the carrier, or otherwise to execute the dispatch certain Person or institution; the specified delivery dates and deadlines are subject to other Commitments and agreements, there are no Fixed dates.
5.6 delivery and performance delays due to force majeure and due to unforeseeable events, which make it difficult for the seller, the delivery or make it impossible, the seller is not responsible for customers who are entrepreneurs, even if binding deadlines and dates. In this case, the seller is entitled to that delivery or performance by the duration of the hindrance plus a reasonable Start-up time delay. The right to the postponement of the deadline applies to customers, the entrepreneurs are also in cases of unforeseen events on the operation of a supplier is allowed to act, and to which neither party is responsible by the seller. During the duration of this disability, the customer is delivered also from his contractual obligations, in particular the payment. The delay is not unreasonable for the customer, this can occur after an appropriate period of time, or consensual consultation with the seller by written Declaration to withdraw from the contract.
6. Payment methods
6.1. The client can choose the frame prior to the completion of the ordering process from the available payment methods. Customers will be informed of the available means of payment on a separate information page.
6.2. Payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without deduction.
6.3. A third-party provider commissioned with the payment processing, such as Paypal. the General terms and conditions apply.
6.4. The due date of the payment is determined by the calendar, the customer will be due to Failure to observe the deadline is in default. In this case, the customer has to pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the assertion of further damages caused by the seller.
6.6. Right to set-off to the customer only if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention only if the claims result from the same contractual relationship.
7. Retention of title
Until full payment the delivered Goods in the seller's property will remain.
For customers, the entrepreneurs, the following applies in addition: The seller reserves the ownership of the goods until complete settlement of all claims from an ongoing business relationship, The buyer is obliged, as long as the ownership has not yet passed to him, to treat the purchased item with care. In particular, he is obliged to insure them, where appropriate, or customary in the industry, at its own expense against theft, fire and water damage, sufficient to cover the replacement value. Should maintenance and inspection work must be carried out by the purchaser at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. The goods is with the seller objects not belonging processed, the seller acquires co-ownership of the new item in proportion of the value of the reserved goods to the other processed items at the time of processing. For processing, the same provisions as the retained goods. The customer also assigns the claim to secure the claims against him arising from the combination of the reserved goods with a property against a third party. Access of third parties to the property or ownership of the seller, the goods shall be reported by the customer immediately. Through such interventions, the costs incurred for Third-party proceedings or costs for a non-procedural approval by the customer. The customer is entitled to sell the reserved goods in the ordinary course of business. The resale or another legal basis relating to the retained goods incurred claims (including all current account balance claims) the customer, by way of security in full to the seller. The seller authorises the customer, subject to revocation, to collect the claims assigned to the seller for his own account and in his own name. This authorization can be revoked if the customer meets his payment obligations properly. The seller agrees to release the seller of securities on the Request of the customer, as their total sales value is the sum of all outstanding claims of the seller arising from the business relationship of more than 10% (in the event of a liquidation risk by more than 50%) exceeds. The selection of the securities to be released is the responsibility of the seller. With the eradication of all claims by the seller of delivery transactions, the ownership of the conditional goods and the assigned claims to the purchaser. The selection of the securities to be released is the responsibility of the seller.
8. Customer account
8.1 the seller provides The customer with a customer account. Within the customer account will be charged to the customer information on the orders and the seller stored customer data. The stored in the customer account information is not open to the public.
8.2. Customers can place an order as a guest without having to create a customer account.
8.3. Customers are required to make the customer's account, truthful information, and the details of the Changes in the actual situation, to the extent that this is necessary (for example, the modified E-Mail address in the case of a bill of exchange, or the changed address before placing an order). Customers are responsible for any disadvantages that arise due to incorrect information given responsible.
8.4. The client's account may only be used in accordance with the applicable statutory provisions, in particular the rules relating to the protection of the Rights of third parties, and in accordance with the terms and conditions of the seller with the seller-provided access to masks and other technical access options are used. Another type of use, in particular by external Software, such as Bots or Crawlers, is prohibited.
8.5. To the extent that customer stores within the customer's account, content or information (referred to below as the "content"), specify, or otherwise adjust, the customer responsible for this information. The seller makes the contents of the customer to own. The seller reserves the right, however, to take depending on the degree of the content of outgoing legal risk of injury, in particular, the risk for third parties, the appropriate measures. The measures, which take account of the criteria of the necessity, appropriateness, accuracy, objectivity, as well as the reasonableness and the interests of all parties Involved, in particular the fundamental rights of the customers, invoice, calls the (partial) deletion of content, action and Explanation, cautions, and warnings, as well as in-house prohibitions include.
8.6. Customer may terminate customer's account at any time. The seller may terminate the customer's account at any time with a reasonable period of time, which is usually two weeks. The notice must be reasonable for the customer. The seller reserves the right to terminate the extraordinary reasons.
8.7. From the date of termination of the customer account and customer account information stored for the customer are no longer available. It is the responsibility of the customer to secure their data upon termination of the customer account.
9. Defects warranty and guarantee
9.1. The warranty (liability for defects) will be determined subject to the following provisions, in accordance with the statutory requirements.
9.2. The warranty period for the Goods supplied by the seller only if this has been expressly stated. Customers will be informed about the warranty conditions prior to the initiation of the order process.
9.3 the customer Is a businessman, so he has to examine the goods, without prejudice to legal obligations to Lodge a complaint immediately and noticeable defects to the supplier without delay and at the latest within two weeks after delivery, in writing, and not apparent defects immediately and at the latest within two weeks after the finding of view. Customary in the trade, according to the quality standards are permissible or minor deviations in quality, weight, size, thickness, width, finish, pattern and colour defects.
9.4 the customer Is an entrepreneur, the choice between repair or replacement of defective goods by the seller.
9.5 material defects become time-barred, without prejudice to the liability provisions of these terms and conditions in the case of customers who are entrepreneurs, basically, a year after the transfer of risk, unless by force of law, in particular in the case of special provisions for the recourse of the entrepreneur, mandatory longer periods are prescribed. In the case of used Goods, the warranty of customers are entrepreneurs, are excluded.
9.6 if the customer is an entrepreneur, the defective goods within the meaning of section 439 Para. 3 German civil code, according to their nature and their purpose, in any other case built-in or other thing attached is the seller, subject to an Express agreement, and without prejudice to the remainder of the warranty obligations, in the context of the subsequent fulfilment is not obliged to notify the customer for the expenses necessary for the Removal of the defective, and replace the mounting or the mounting of the repaired or delivered defect-free item. Accordingly, the seller is also not for the reimbursement of expenses for the Removal of the defect, and the installation or Installing the repaired or delivered defect-free goods within the framework of a recourse by the customer in the context of the supply chain (i.e., between the customer and its customers) required.
10. Liability
10.1. For a liability of the seller for damages other statutory eligibility requirements shall apply without prejudice to the following exclusions and limitations of Liability.
10.2. The seller is fully liable, to the extent that the cause of damage is based on intent or gross negligence.
10.3. Furthermore, the seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the contractual purpose, or for the breach of duties whose fulfilment makes the proper execution of the contract possible at all and on whose compliance the customer regularly trusts. In this case, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach other than mentioned in the preceding sentences obligations.
10.4. The foregoing limitations of liability shall not apply to injury of life, body and health, for a defect after Assumption of a guarantee for the quality of the product, and in the case of fraudulently concealed defects. Liability under the product liability law remains unaffected.
10.5. To the extent that the seller's liability is excluded or limited, this shall also apply for the personal liability of employees, representatives and agents.
11. Storage of the contract text
11.1. The customer can print the text of the contract before submitting the order to the seller, by using in the last step of the order and the print function of his browser.
11.2. The seller sends the customer an order confirmation with all order data to the specified E-Mail address. With the order confirmation, at the latest upon delivery of the goods, the customer will receive also a copy of the terms and conditions including cancellation policy and the Instructions about shipping and terms of delivery and payment. If you should have registered in our Shop, you can view in your profile area of your orders. In addition, we store the text of the Treaty, make it, however, the Internet is not accessible.
11.3 the customer is an entrepreneur, can get the contract documents by E-Mail, in writing or by reference to an online source.
12. Final provisions
12.1. The buyer is an entrepreneur is subject to other agreements or statutory provisions of the place of performance is the registered office of the seller, while the court of jurisdiction is at the registered office of the seller is, if the customer is a merchant, a legal entity of public Law or public law special assets, or of the buyer in the country where the seller does not have a General place of jurisdiction is. The right of the seller to select one of the other permissible place of jurisdiction, shall be reserved.
12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany under exclusion of the UN sales law, as long as there are no mandatory statutory provisions to the contrary.
12.3. The contract language is German.
12.4. The European Commission provides a platform for Online dispute resolution (OS), which you http://ec.europa.eu/consumers/odr/ find. To participate in a dispute settlement procedure before a consumer conciliation Board, we are not obliged and are currently not ready.
