General Terms and Conditions of CADLIFE GmbH & Co. KG
§ 1 - Scope of application
1. For all deliveries of CADLIFE GmbH & Co. KG to consumers (§13 BGB), the following general terms and conditions (GTC) § 1 to § 11 shall apply.
Consumers are any natural person who enters into a legal transaction for a purpose which can not be attributed predominantly to their commercial or self-employed occupation.
§ 2 - Contractual partners
1. The purchase contract is concluded with CADLIFE GmbH & Co. KG, Managing Director: Martin Joh. Anneken and Marvin Saeuberlich, Klaus-Groth-Straße 25B, 20535 Hamburg, District Court Hamburg. You can reach our customer service for questions, complaints and complaints Monday to Thursday from 9:00 to 12:00 and from 13:30 to 17:30 and Friday from 9:00 to 12:00 and from 13:00 to 16:00 (Central European Time). Please call +49 (0) 40-278 633-11 or send an e-mail to [email protected]
§ 3 - Offer and Conclusion of Contract
1. The presentation of the products in the online shop is not a legally binding offer, but a request for the order. All offers are valid as long as the supply is sufficient, if the products are not different. Errors excepted.
2. By clicking the order button "order for payment" in the final step of the ordering process, you place a binding order of the goods contained in the shopping basket. The confirmation of the receipt of the order follows immediately after sending the order. We can accept your order by sending an order confirmation by e-mail within two days.
Unless you have chosen the PayPal payment method. In any event, the contract shall be concluded with the payment service provider at the time of the confirmation of the payment instruction.
The condition for an effective conclusion of the contract is always that the order process is completed with sending the order.
§ 4 - Right of revocation
1. Consumers (§13 BGB) have a legal right of revocation.
Right of cancellation
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.
In order to exercise your right of revocation, you must contact us (CADLIFE GmbH & Co. KG, Klaus-Groth-Str. 25B, 20535 Hamburg, phone: +49 (0) 40 278 633-11, fax: -15, ([email protected]) (Such as a letter, facsimile, or e-mail sent by mail) about your decision to revoke this Agreement, but you may use the Sample Revocation Form, which is not required.
In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the deadline of 14 days. They bear the immediate cost of returning the goods.
They shall only be liable for any loss of value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
End of revocation
Note: The right of revocation does not exist in the case of delivery of goods which are not pre - fabricated and for whose manufacture an individual selection or destination is decisive by the consumer or which are clearly tailored to the personal needs of the consumer (eg: With an individual serial number) as well as not in the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 5 - Prices and shipping costs
1. The prices mentioned on the product pages include VAT.
2. There are additional shipping costs - except when picking up in our premises or by sending electronic software. The shipping costs will be clearly indicated on the order page.
Shipping costs to Germany: 6,95 EUR gross (flat rate)
Shipping costs outside Germany: 17.50 EUR gross (flat rate)
3. The prices are valid without installation, assembly, installation or installation.
4. In the case of flyers, advertisements, etc., the offer is free of charge and non-binding, also with respect to the prices. We hold 14 calendar days for offers specially designed for our customers.
§ 6 - Delivery
1. The delivery is usually effected by electronic dispatch or by sending by DHL to the delivery address indicated by the customer.
2. We point out the estimated delivery time on the respective product page.
3. If the ordered product is not available in time, because we are not supplied with this product by our supplier in time, we inform the customer immediately. In this case, the customer is free to wait for the ordered product or to cancel the order. In the event of a product termination by our supplier, the customer is free to cancel the order or to agree a new model. In the case of a cancellation, any counter-payments already made will be reimbursed without delay.
§ 7 - Payment
1. The payment is alternatively by prepayment, direct debit, PayPal or credit card. When you pick up the ordered goods in our premises, cash payment is also possible.
2. If you choose the payment method "Prepayment" we will call you our bank account in the order confirmation and deliver the goods after payment receipt.
3. You are entitled to a right of set-off only if your counterclaims have been legally established or undisputed.
4. You can only exercise a right of retention, insofar as the claims result from the same contractual relationship.
§ 8 - Proprietary reservation
1. The goods remain our property until full payment has been received. Prior to the transfer of the property, a pledge, security transfer, processing or transformation without our consent is not permitted.
§ 9 - Warranty
1. The warranty shall be in accordance with the legal provisions. For all defects occurring during the statutory warranty period of two years from delivery, you have the statutory right to supplementary performance (at your option: defect removal or replacement delivery) and - if the statutory requirements exist - the statutory rights for reduction or rescission as well as compensation for damages. If the desired type of supplementary performance is only possible with disproportionate costs, your claim to the other type of supplementary performance is limited.
2. Insofar as this is not expressly assured, we assume no responsibility for any loss of data in the case of attempts to rectify the loss.
3. Before transferring data media, in particular when sending hard disks and complete PC systems, the customer must always carry out a data backup. If a security is not possible for him or her, but this is necessary for him, he must inform us in good time and, if necessary, to order the security separately. The liability for lost data is limited to the restoration effort, unless the data losses were deliberately or grossly negligent by us.
4. Natural wear is excluded in any case from the guarantee.
§ 10 - Choice of law
1. You can only conclude the purchase contract in German.
2. German law shall be exclusively governed by the laws on the international purchase of movable property, even if the customer is domiciled abroad.
§ 11 - Contract text
1. The contract text is stored on our systems. The order data and the terms and conditions will be sent to you by e-mail. Your past orders can be viewed in your personal customer login under "My account".
§ 12 - Further provisions apply only to business customers
1. The following provisions in this section shall apply in addition or in exclusion
Of §§ 1 - 11 for consumers exclusively for business customers (§ 14 BGB) of CADLIFE GbR.
2.1 The customer is obliged to check the object of the contract immediately upon receipt for incorrect or incomplete delivery and to notify obvious defects up to 14 days after delivery, other defects immediately after detection, otherwise warranty claims are excluded.
2.2. Part deliveries are permitted if they can be used by the customer and are to be paid by the customer as such.
3.1. No right of revocation for business customers according to § 4 of these terms and conditions applies; § 4 is hereby excluded.
4. Cancellation costs
4.1. If a customer withdraws unauthorized from a given order, we are entitled to 10% of the sale price, at least 8 EUR (net), for the costs incurred by processing the order and for lost profit, without prejudice to the possibility of claiming a higher actual loss promote. The customer is entitled to prove a lower damage.
5. Prices / terms of payment
5.1. We reserve the right, in the case of contracts with a delivery time of more than 4 months, to increase the prices according to the cost increases imposed by the manufacturer or legislator (in particular VAT). If the increase is more than 5% of the agreed price, the customer has a right of termination. The customer must assert such right of termination immediately after notification of the price increase.
5.2. We reserve the right to charge business customers on invoice only after successful credit checks and our free decision. Invoices are due immediately with access to the payment and must be paid by the customer within one week without deductions.
5.3. The customer is not entitled to withhold payments, without prejudice to his right to refuse payments on the grounds of incomplete or faulty performance. In the event of a delay in payment, we are entitled to demand default interest in the amount of 5% above the respective base rate. We reserve the right to prove a higher damage, and to provide proof of a lower loss to the customer.
5.4. The withholding of payments on account of any counterclaims of the customer which are not recognized by us is not statutory.
6. Damages, remedies and liability
6.1. Claims for damages, including lost profits or other precautionary damage, are excluded, insofar as they are not based on gross negligence or intent, a breach of a material contractual obligation or an assured property. This liability shall not be affected by the product liability law as well as to any corporeal damages. We shall be liable to this extent indefinitely. The exclusion of liability also applies to breach of duty by our vicarious agents.
6.2. We are not liable for defects that are caused by external circumstances and which are not within our sphere of responsibility: for example improper use, faulty operation, disregard of the installation conditions, omitted maintenance, unsuitable operating means or repair work which was carried out improperly by the customer himself or by a third party.
6.3. The customer delivers disturbed devices to us upon request and retrieves them after the repair. Any costs incurred for transport are borne by the customer.
6.4. We have to rectify defects by repair or replacement delivery within a reasonable period of time (rectification).
6.5. The period of limitation for claims due to deficiencies is 12 months.
6.6. In the case of the delivery of used contractual goods as stipulated in the contract, we exclude any obligation to guarantee.
7. Property reservation
7.1. The goods delivered by us remain our property, until all present and future claims, as far as they are related to the delivered goods, are fulfilled. The goods subject to retention of title may neither be pawned nor transferred to the guarantee service without our consent.
7.2. In case of breach of contract by the customer, in particular in the event of a delay in payment, we are entitled to take back the goods after a reminder and the customer is obliged to return the goods.
7.3. The assertion of the retention of title as well as the seizure of the delivery items by us shall not be deemed a withdrawal from the contract, unless this is expressly declared in writing by us.
7.4. The customer is obliged as the custodian of the goods subject to retention of title for proper care and security.
7.5. The customer is entitled to resell the delivery items in the ordinary course of business; However, he already assigns to us all claims in the amount of the purchase price (including value-added tax) agreed between us and the customer, which arise from the resale, irrespective of whether the goods are sold without or after processing. The customer is authorized to collect these claims after their assignment. Our power to collect the claims ourselves shall remain unaffected; However, we undertake not to collect the receivables as long as the customer duly meets his payment obligations and is not in arrears with payment. If this is the case, however, we can demand that the customer announce the assigned claims and their debtors, make all the necessary information for collection, hand over the related documents and notify the debtors (third parties) of the assignment.
7.6. The processing or transformation of the goods by the customer is always carried out for us. If the delivery items are processed with other items not belonging to us, we acquire the co-ownership of the new item in the ratio of the value of the delivered items to the other processed items at the time of the processing.
7.7. If the delivery items are inseparably mixed with other objects which do not belong to us, then we acquire the co-ownership of the new item in the ratio of the value of the delivered items to the other mixed items. The customer keeps the co-ownership for us.
7.8. The customer may neither pledge nor surrender the delivery items. In the case of seizures, confiscation or other orders by third parties, the customer must notify us without undue delay and to provide us with all information and documents necessary to safeguard our rights. Execution officers or a third party shall refer to our property.
7.9. If the value of the collateral granted to us exceeds our claims under the contract by more than 20%, we are obliged at the customer's request to release the surplus collateral at our discretion.
8. Additions for hardware and software
8.1. At the request of the customer, we install hardware and software on site. In this case, the customer will create the installation requirements in time. The customer confirms the successful completion of the installation in writing.
8.2. At the request of the customer, we carry out maintenance work on systems on site. We are entitled to settle separately against the customer on a hourly basis, depending on the working conditions and according to our customary cost rates. The customer confirms the services in writing.
9.1. In all disputes arising from the contractual relationship, the action shall be brought before the court which is responsible for our head office. We are entitled to sue at the customer's head office.
10. Place of performance
10.1. The place of performance is Hamburg.