§ 1 APPLICATION OF THE TERMS AND CONDITIONS
The deliveries, services and offers of the seller are exclusively based on these terms and conditions. These shall therefore also apply to all future business relations, even if they are not expressly agreed again. Deviating agreements, supplements as well as agreements, assurances etc. are only binding if they are confirmed by us in writing and in this case only for the order for which they were agreed. Counter-confirmations of the buyer with reference to his own terms and conditions of business or purchase are hereby contradicted.
Insofar as software (such as operating systems or similar programs) is purchased from us, the subject matter of this contract shall also include the computer program recorded on the data carrier, the program description and operating instructions as well as other associated written material. They are hereinafter also referred to as software.
German law shall apply exclusively to the exclusion of the uniform UN Convention on Contracts for the International Sale of Goods, even if the customer has his company or domicile abroad.
§ 2 CONCLUSION OF CONTRACT
(1) Offers contained in brochures, advertisements, etc. are subject to change and non-binding, also with regard to price quotations. The seller feels bound to specially prepared offers for 14 calendar days.
(2) The buyer is bound to his order for 30 days. Orders require the written confirmation of the seller to be legally effective. If the seller does not reject the acceptance within 2 weeks after receipt of the order, the confirmation shall be deemed to have been issued.
(3) All agreements made between the Seller and the Buyer for the purpose of executing this contract shall be recorded in writing in this contract. Text form (e-mail, fax, etc.) is sufficient to maintain the written form. If the order is only placed verbally, transmission errors and any misunderstandings shall be borne by the Purchaser (e.g. the caller).
(4) The contract shall be deemed to have been concluded if acceptance of the contractual offer is declared by us within a period of 14 days after receipt of the order or purchase order. If our delivery is made without the Buyer having received an order confirmation beforehand, the contract shall be concluded when the goods are handed over to the forwarder or carrier.
(5) Offers and the acceptance or confirmation of orders are subject to timely and sufficient delivery by our suppliers. In the event of insufficient self-delivery, we shall be entitled to withdraw from the contract after a period of 14 days.
(6) Insignificant technical and design deviations from descriptions and information in brochures, catalogues and written documents as well as model, design and material changes are reserved without rights against ComputerButler Germany being able to be derived from this. ComputerButler Germany reserves the right to installation instructions.
(7) We reserve all rights to cost estimates, diagrams, drawings, technical representations and explanations. They may not be reproduced or brought to the attention of third parties without our prior written consent.
(8) When registering for the first time, the customer is obliged to provide truthful information. Changes of the customer data are to be communicated immediately, in particular name, address, email address, telephone number, bank account. In case of omission of this information or indication of false data, we reserve the right of withdrawal or compensation. The withdrawal shall be declared in writing. The written form shall also be deemed to have been complied with by sending an e-mail. The customer must ensure that the e-mail address provided by him is accessible from the time of the specification and that the receipt of e-mail messages is not excluded due to forwarding, shutdown or overfilling of the e-mail account.
(9) We reserve the right to withdraw from the contract if there has been a significant deterioration in the financial circumstances of the buyer, if a petition in bankruptcy or composition proceedings has been filed or if the contractual partner is in default of payment for a shipment.
(10) The conclusion of the contract takes place with the start of the performance or an order confirmation within this period.
§ 3 PRICES, PRICE CHANGES
(1) All our prices include 19 % or 7 % VAT and do not include shipping costs, cash on delivery charges if applicable, installation and training costs, etc.
(2) The daily price shall be the sales price to end customers set down on the Internet or other forms of publication on the day of delivery. Deviating prices, in particular pages loaded from caches (browser cache, proxies, etc.) are not current and invalid. Our shopping cart cannot be cached. We reserve the right to correct prices due to typing errors or calculation errors.
(3) The period of validity of our special promotions and offers are shown on the corresponding page in the online shop.
(4) The minimum order value is 25 euros.
(5) Packaging and shipping costs are borne by the customer see §3 paragraph 1. These depend on the shipping method, the payment method, the weight and the shipping destination. They will be calculated and shown in the shopping cart before an online order is placed or, in the case of orders placed by telephone, they will be stated and shown separately on the invoice. The choice of shipping method is made at the request of the customer or within the permissible possibilities at our best discretion. An overview of the various shipping and payment options as well as the corresponding prices are published on our website www.computerButler.de.
(6) The delivery and installation of equipment by us shall only take place on the basis of a special agreement. The costs for this will be charged to the customer at our service prices generally valid at the time of performance, unless otherwise agreed.
(7) Prices of products marked as pre-announced are based on non-binding information from suppliers or manufacturers and may change until the product is released. Pre-announced products may be ordered at the advertised price. ComputerButler Germany cannot guarantee the price, release date or appearance of pre-announced products. If changes occur, ComputerButler Germany will consult with the customer before executing the order. If the customer does not agree with the changes, the order will not be executed.
(8) If there are more than four months between the conclusion of the contract and the agreed and/or actual delivery date, the Seller's prices valid at the time of delivery or provision shall apply; if the latter prices exceed those initially agreed by more than 10 %, the Buyer shall be entitled to withdraw from the contract.
(9) The prices shall be valid for four months from the date of conclusion of the contract. If a delivery period of more than four months is agreed, ComputerButler Germany shall be entitled to pass on to the customer cost increases which have occurred in the meantime for procurement, manufacture, delivery, assembly, including those caused by changes in the law (e.g. due to increases in value added tax or import duties) by means of price increases to the corresponding extent.
(10) In the case of partial deliveries arranged or offered by ComputerButler Germany, subsequent deliveries shall be made free of shipping costs. In the case of special customer requests for the division of the delivery, the shipping costs for each partial delivery shall be charged additionally.
(11). The prices are in principle also without special addition in euro.
(12) All offers are subject to change and non-binding.
(13) In the event of a delay in payment, we shall be entitled to charge default interest for consumers in the amount of 5 % and for entrepreneurs in the amount of 8 % above the respective base interest rate of the ECB in accordance with the Discount Transition Act. Bills of exchange or cheques shall only be accepted by agreement and on account of performance and shall not be deemed payment until they have been honoured. Discount and collection charges shall be borne by the customer. We assume no liability for timely presentation.
§ 4 DELIVERY TIMES
(1) Delivery dates or deadlines, which may be agreed upon as binding or non-binding, must be in writing.
(2) The delivery period shall be extended, if necessary, by the time until the purchaser has handed over all information and documents which are necessary for the execution of the order.
(3) Early delivery is permissible.
(4) The agreed delivery period begins with the uncontradicted or confirmed order.
(5) Delays in delivery caused by force majeure or legal and/or official orders (e.g. import and export restrictions, war and similar conditions, operational disruptions, shortage of workers, energy or raw materials, strike, lockout, traffic disruptions and orders of public authority, industrial action, untimely self-supply) and for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. For the duration of such disruptions and their effects, we shall be released from our obligation to deliver and, after normal conditions have returned, we shall be entitled, at our discretion, to deliver the agreed quantity or to withdraw from the contract. If the disruption lasts longer than 8 weeks, this shall also entitle the customer to withdraw from the contract insofar as delivery has not yet been made. In important cases, we will inform the purchaser of the beginning and end of the disruption without delay.
(6) In the event of delays in delivery for which the Seller is responsible, the duration of the period of grace to be legally set by the Buyer shall be two weeks, which shall commence upon receipt of the period of grace by the Seller. In the event of non-performance by the Buyer, we may demand compensation for the damage incurred by us. Claims for damages due to delayed delivery are excluded in any case, unless the delay is due to intent or gross negligence on our part. Obviously incorrect or incomplete deliveries, as well as obvious defects, must be reported to us by the buyer in writing without delay, otherwise we are released from liability for defects.
(7) All items that are immediately available from our warehouse are usually dispatched within 24 hours. If articles are not immediately available, so that the delivery time is delayed, ComputerButler Germany will inform the customer immediately. A particularly fast delivery of the goods is possible in express shipping in 24 hours, if your order is received in time and the goods are available.
(8) In the event of impossibility for which ComputerButler Germany is not responsible, ComputerButler Germany shall be entitled to withdraw from the contract. The customer cannot derive any claims for damages from this.
(9) We deliver the goods in customary packaging suitable for normal shipping.
§ 5 SHIPPING AND TRANSFER OF RISK
(1) The risk shall pass to the Buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the Seller's works for the purpose of dispatch. If the shipment is delayed at the request of the Buyer, the risk shall pass to the Buyer upon notification of readiness for shipment.
If the customer collects the goods from the premises of ComputerButler Germany, the risk of accidental loss or accidental damage shall pass to the customer upon handover of the goods. The agreement of freight-free delivery in individual cases shall not change this.
(2) Returns travel at the risk of the buyer, unless he exercises his right to rectify defects or a statutory warranty right.
(3) At the request of the buyer, deliveries shall be insured in his name and for his account.
(4) The place of performance is the registered office of the supplier in Berlin.
§ 6 REFUSAL OF ACCEPTANCE
(1) The purchaser is obliged to accept deliveries and partial deliveries without delay. Acceptance shall be confirmed in writing. If the purchaser does not accept a delivery, he shall be in default without a reminder and without setting a deadline and shall be obliged to compensate for any resulting damage.
(2) After expiry of the two-week revocation period or in the case of buyers who are not consumers within the meaning of § 13 BGB (German Civil Code), goods shall only be taken back in the event of demonstrably incorrect delivery. In the case of exchange, return or credit note requests, the cause of which ComputerButler Germany is not responsible for, processing shall only take place after written confirmation by the seller. This also applies in the case of collection arranged by ComputerButler Germany to check the return frame request. The basic prerequisite for this is the condition of the goods and their resalable condition. The refund amount to be expected results from the resale price to be achieved at the time of receipt, less a cancellation/processing fee of 10% of the invoice amount.
(3) In the event of exceptionally high damage, we reserve the right to assert this claim.
§ 7 WARRANTY
(1) If the delivery item is defective or lacks warranted characteristics or becomes defective within the warranty period due to manufacturing or material defects, the Seller shall, at its discretion, either deliver a replacement or remedy the defect to the exclusion of any other warranty claims of the Buyer. Multiple rectifications are permissible.
(2) The warranty period for new goods is 24 months and begins: with the date of delivery.
(2.1) The warranty period for used machines is 12 months and begins: with the date of delivery.
(3) Obvious defects must be notified to the Seller in writing without delay, at the latest, however, within two weeks after delivery. The defective delivery items shall be kept ready for inspection by the Seller in the condition in which they were at the time the defect was discovered.
(4) If the rectification of defects or the replacement delivery fails after a reasonable period of time, the purchaser may, at his discretion, demand a reduction of the purchase price or rescission of the contract.
(5) The foregoing provisions of this paragraph shall not apply to used machines delivered under exclusion of any warranty.
§ 8 LIMITATION OF LIABILITY
(1) Claims for damages arising from positive breach of contract, from culpa in contrahendo and from tort are excluded both against the seller and against his vicarious agents, unless the damage was caused intentionally or by gross negligence. This shall not apply to claims for damages arising from warranties of quality which are intended to protect the Buyer against the risk of consequential damage caused by defects.
§ 9 RESERVATION OF OWNERSHIP
(1) Until all claims to which the seller is entitled against the buyer now or in the future for any legal reason have been recorded, the seller retains ownership of the delivered goods (goods subject to retention of title).
(2) The buyer may not dispose of the reserved goods.
(3) In the event of access by third parties, in particular bailiffs, to the goods subject to retention of title, the Buyer shall point out the Seller's ownership and notify the Seller immediately so that the Seller can enforce its ownership rights. Insofar as the third party is not in a position to reimburse the Seller for the court or out-of-court costs incurred in this connection, the Buyer shall be liable for these.
(4) In the event of breach of contract by the Buyer, in particular in the event of default in payment, the Seller shall be entitled to take back the reserved goods at its own expense. The taking back as well as the seizure of the reserved goods by the seller is always to be regarded as a withdrawal from the contract in accordance with § 13 para. 3 Consumer Credit Act.
§ 10 PAYMENT
(1) Sales personnel and technical staff are not entitled to collect payments in cash, with the exception of amounts up to 250 euros in cash against the handing over of a cash sales receipt. Otherwise, payments with discharging effect may only be made directly to the seller or to a bank or postal cheque account specified by the seller.
(2) Invoices of the seller are payable immediately without deduction.
(3) The Seller expressly reserves the right to reject cheques or bills of exchange. Acceptance shall always be on account of payment only. Discount and bill charges shall be borne by the buyer and are due immediately.
(4) The Seller shall be entitled, despite any provisions of the Buyer to the contrary, to set off payments first against the Buyer's older debts and shall inform the Buyer of the nature of the set-off effected. If costs and interest have already been incurred, the Seller shall be entitled to set off the payment first against the costs, then against the interest and finally against the main performance.
(5) The buyer is only entitled to offset if the counterclaim is undisputed or has been legally established. However, the purchaser is also entitled to retention due to counterclaims from the same contractual relationship.
§ 11 RIGHT OF REVOCATION
(1) The consumer within the meaning of § 13 BGB is entitled to a right of withdrawal in the case of distance contracts. In accordance with the Distance Selling Act, he has the possibility to revoke the contract without giving reasons within two weeks after receipt of the goods. The revocation can be made in text form or by returning the goods; to meet the deadline, it is sufficient to send the goods in time to ComputerButler Germany .
(2) When exercising the right of withdrawal, the consumer shall bear the return costs. Reductions in value from intended use are to be reimbursed by the consumer, unless the reduction is only due to the inspection of the goods. Reductions in value can be avoided if the goods are handled with care and the installation of components is carried out exclusively by qualified and authorised technical personnel.
(3) A right of revocation does not exist in principle with: CDs, DVDs, CD-ROMs, software, software licenses and videos. A right of withdrawal is also excluded for goods that have been manufactured according to customer specifications, e.g. BTO systems.
§ 12 EXPORT TRANSACTIONS
(1) Legal notice: Goods delivered by ComputerButler Germany may be subject to German and foreign export controls and embargo regulations. The re-export from Germany and the re-import to third countries is then only permitted with the consent of the competent authorities (possibly several countries and the EU).
(2) It is the Buyer's responsibility to ascertain the possibility of Clause 12.1 on a case-by-case basis. It is also the Buyer's responsibility to inform his customers of the possibility of Clause 12.1 and to work towards the fulfilment of existing obligations up to the final customer.
§ 13 DATA PROTECTION
(1) We are entitled to process all data concerning business relations with the customer in compliance with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).
(2) We guarantee our customers the absolute protection of their personal data. Our registered customers have the right to receive free information about the personal data stored. Furthermore, you can have your data deleted at any time at the request of ComputerButler Germany.
(3) The use of the data can be defined freely in the own profile after the registration, likewise the profile can be deleted by the user.
(4) The company ComputerButler Germany expressly points out that no personal data will be disclosed to third parties without prior consent. By default, all shop pages that contain personal customer data is transmitted encrypted.
(5) Your orders are stored with us. If you lose your order confirmation, please contact us by e-mail. We will then gladly send you the data of your order.
(6) All logos and trademarks used and displayed on the ComputerButler Germany websites or advertisements are registered as such. Any use of these logos or trademarks in any kind of publications always requires the prior written consent of ComputerButler Germany or the respective owners of the logos or trademarks.
§ 14 FINAL PROVISION
(1) The legal invalidity of individual provisions shall not affect the binding nature of the remainder of the contract. An invalid provision shall be replaced by a valid provision that comes as close as possible to the invalid provision. The same shall apply if the contract contains a loophole not foreseen by the contracting parties.
(2) Place of performance is Berlin. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Berlin for both parties, also for actions in bill of exchange or cheque proceedings. However, we are entitled to sue the customer at any other justified place of jurisdiction.
(3) With the announcement of these terms and conditions all previous conditions lose their validity.