Terms and Conditions (GTC)
COMP.Net GmbH • Grünberger Strasse 140 • Gebäude 606 • 35394 Giessen
Internet address: http://www.cobisoft.de
Telephone: +49 641 932210
Fax: +49 641 932213
Authorized Managing Director: Detlef Schreiner
Registry Court: Amtsgericht Gießen
Registration number: HRB 6297
As of: März 2013
§ 1 Scope
(1) These General Terms and Conditions form the basis of all legal transactions of COMP.Net GmbH with consumers, entrepreneurs, legal entities under public law and public law special funds.
(2) Conflicting or deviating terms and conditions of the customer shall only apply if they have been expressly confirmed by us in writing.
§ 2 Offers and Conclusion of Contract
(1) All our offers are non-binding. The customer’s order represents an offer to us to conclude a contract to which the customer – unless otherwise agreed – is bound for 10 days. A contract is only concluded by sending an order confirmation or by delivery of the goods or execution of the service. If the customer places an order via our online shop (“iShop”), we will send him an e-mail confirming the receipt of his order and providing details (order confirmation). This order confirmation does not constitute acceptance of the offer, but is intended to inform the customer only that his order has been received by us.
(2) The contract is concluded exclusively in German. We provide our services or deliver our goods only to customers within the Federal Republic of Germany.
§ 3 Prices, Invoicing and Shipping Costs
(1) The price to be paid by the customer results from our order confirmation and / or invoice. All prices include VAT unless otherwise stated.
(2) Shipping is at the expense of the customer. The delivery and shipping costs are shown separately on our order confirmation and / or invoice.
(3) In accordance with the Tax Simplification Act 2011, the Directive 2010/45 / EU and by amending Section 14 of the Value Added Tax Act, the customer agrees to the electronic sending of the invoices. Electronic invoices are sent to the customer by e-mail in PDF format. Electronic invoices are sent to the customer by e-mail in PDF format.
§ 4 Terms of Payment
(1) Unless otherwise agreed, the invoice amount is payable immediately upon receipt of the goods or receipt of the service and is payable without deduction. For orders via our online shop (“iShop”) the payment of the customer takes place in advance. A payment is deemed to be made only when we can dispose of the amount. A payment is deemed to be made only when we can dispose of the amount.
(2) We reserve the right to retain deliveries and / or services in the event of late payment until full payment has been received.
(3) In the event of default of payment by the customer, we shall be entitled to demand default interest of 5% above the respective base interest rate published by the Deutsche Bundesbank in the Federal Gazette. For legal transactions in which a consumer is not involved, the interest rate is 8% above the base rate. The assertion of a higher damage incurred by us remains unaffected. The customer is entitled to prove that we have suffered no or minor damage.
(4) In the case of contracts with customers who are not consumers, we reserve the right to adjust prices in the event of changes in exchange rates, customs duties, taxes, freight and insurance costs, manufacturing costs with effect for future business in an ongoing business relationship.
(5) The customer is only entitled to set-off rights with claims that are undisputed or legally binding against us. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. In business transactions, a right of retention and a right to refuse performance of the customer is excluded, with the exception of undisputed or legally established counterclaims.
§ 5 Delivery and Transfer of Risk
(1) We are entitled to partial services in commercial business transactions to a reasonable extent.
(2) Should an ordered article not be deliverable, because we are not supplied by our supplier without our fault, despite its contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are not available, and immediately reimburse any payments already made.
(3) Specified delivery times are only a guideline value and are therefore only approximate agreed (ca-deadlines).
(4) If the customer requires changes or additions to the order after placing the order, he has not given us the information and documents necessary for the execution of the order or if the failure to comply or delay an agreed delivery date is demonstrably due to force majeure, labor disputes, fire, war, due to official order or other circumstances, and if COMP.Net GmbH is not responsible for these circumstances, the delivery period shall be extended appropriately or for the duration of the events. In the case of performance prevention of more than one month, COMP.Net GmbH and the customer are entitled to withdraw from the contract with regard to the deliveries in default.
(5) If the customer is in default of acceptance, we are entitled to demand the damage incurred by us, whereby the customer reserves the proof of a lesser damage.
(6) The choice of shipping route and shipping method is at our discretion. A transport insurance is only concluded upon written instruction and on account of the customer.
(7) With the transfer of the goods to the transport company, the risk is transferred to the customer. The sale of consumer goods is excluded from this regulation.
§ 6 Right of Return from Consumers Return Policy
You can return the goods without stating reasons within two weeks by returning the goods. The period begins after receipt of this instruction in writing (eg by letter, fax, e-mail), but not before receipt of the goods at the recipient (in the case of recurrent delivery of similar goods not before receipt of the first partial delivery) and not before fulfillment of our information obligations in accordance with § 312c Abs. 2 BGB in connection with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV. Only in the case of goods that can not be shipped by parcel (for example in the case of bulky goods) can you declare the return by requesting a return in writing. To meet the deadline, the timely dispatch of the goods or the return request is sufficient. In any case, the return is at our expense and risk. The return or the return request must be made to:
COMP.Net GmbH, Grünberger Straße 140, Gebäude 606, 35394 Gießen
Fax: +49 641 932213
Consequences of Return
In the case of an effective return, the services received on both sides must be returned and, if applicable, any benefits derived (such as use advantages) must be surrendered. In case of deterioration of the goods, compensation can be demanded. This does not apply if the deterioration of the goods is solely due to their examination – as they would have been possible in a shop, for example. ncidentally, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were your own and refraining from doing anything that would impair its value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the return request, for us with the receipt.
If you have financed this contract through a loan and you exercise your right of return, you are no longer bound by the loan agreement if both contracts form an economic unit. This is especially to be assumed if we are also your lender or if your lender uses it to finance our participation. If the loan has already been received by us when the withdrawal or redemption takes effect, your lender will act in relation to you in respect of the legal consequences of the cancellation or return of our rights and obligations under the financed contract. If you want to avoid a contractual commitment as much as possible, make use of your right of return and revoke your intention to conclude the loan agreement. End of the return policy.
§ 7 Retention of Title
(1) COMP.Net GmbH retains ownership of the delivered goods (“reserved goods”) until full payment has been received.
(2) COMP.Net GmbH retains ownership of the delivery items in commercial transactions until receipt of all payments from the business relationship with the customer.
(3) The customer shall be entitled to pledge, transfer by way of security, lease or transfer of the reserved goods abroad only with the prior written consent of COMP.Net GmbH. The customer may resell the goods subject to retention of title in the ordinary course of business, but hereby assigns to COMP.Net GmbH all claims resulting therefrom against the customers of the customer to secure our payment claim in the amount of the owed amount. The customer is obliged to give us all information necessary for the assertion of these rights and to provide the necessary cooperation.
(4) If the object of purchase is inseparably connected or mixed with other items not owned by COMP.Net GmbH, COMP.Net GmbH acquires joint ownership of the new item in proportion of the value of the purchased item to the other linked or mixed items Time of connection and mixing.
(5) The reserved goods owned by COMP.Net GmbH shall be insured in commercial business for the duration of the retention of title against fire, water, theft and burglary. The customer assigns us all insurance or other claims that he acquires because of loss or damage to the reserved goods.
(6) We accept all aforementioned assignments.
(7) If third parties access the reserved goods, the customer must point out the ownership of COMP.Net GmbH and notify them immediately in writing. The customer is liable for all costs incurred for the cancellation of such access, in particular by bringing a third-party objection claim, as far as the reimbursement of costs can not be obtained by the third party concerned.
§ 8 Warranty and Inspection Obligations
(1) For consumers the legal regulations apply. This means that the customer is primarily after-fulfillment, i. at his option subsequent delivery or remedy of defects, may require. If the further legal prerequisites exist, the customer is entitled to reduce the purchase price or to withdraw from the contract.
(2) Obvious defects must be reported in writing no later than two weeks after receipt of the delivery, except in the case of the sale of consumer goods. Timely dispatch is sufficient to meet the deadlines. In commercial transactions, it is necessary that the commercial customer has properly complied with his duty to inspect and notify according to §§ 377, 378 HGB. Otherwise, the delivered goods are considered approved.
(3) In the case of a sale of consumer goods, the warranty period for new items is two years from the passing of risk, for used items one year from the passing of risk. For entrepreneurs and other parties that are not considered as consumers, the warranty period is one year from the transfer of risk.
(4) The warranty does not cover defects and damage that are causally related to failure by the customer to comply with the installation, hardware and software environment, use and conditions of use unless the customer proves that: these circumstances are not the cause of the defect alleged.
(5) The warranty does not apply if the customer changes devices or elements or additional devices without our consent, or has them modified by third parties, unless the customer provides full proof that the defects in question are neither wholly nor partly due to such defects Changes have been caused and that the elimination of the defect is not hindered by the change.
(6) For claims for damages due to a defect of the goods, the conditions stated in § 9 apply in addition to the legal requirements.
§ 9 Liability and Limitation of Liability
(1) COMP.Net GmbH is liable according to the legal provisions for intent and gross negligence. For simple negligence, we are liable only in case of breach of an obligation, the fulfillment of which makes the proper execution of the contract in the first place and on whose compliance the contracting party may regularly rely (so-called cardinal duty). Incidentally, liability for damages of any kind, regardless of the basis of the claim, including liability for negligence on conclusion of the contract, is excluded.
(2) If we are liable for simple negligence in accordance with paragraph 1, our liability is limited to the contractually typical, foreseeable damage, the occurrence of which we had to reckon with according to the circumstances known at the time the contract was concluded.
(3) The above disclaimers and limitations shall not apply if we have assumed a warranty for the quality of the goods or fraudulently concealed the defect, nor for damages that are to be replaced under the Product Liability Act, nor for damage to life, limb or health ,
(4) The above disclaimers and limitations also apply in favor of our employees, vicarious agents and other third parties, whose services we use to fulfill the contract.
(5) In the case of a claim of the COMP.Net GmbH a contributory negligence of the customer is to be considered adequately, in particular with insufficient error messages or insufficient data security. Before performing remedial, replacement, or service, Customer is required to back up files and programs. Unless otherwise expressly agreed, data backup is not the responsibility of COMP.Net GmbH.
§ 10 Service
(1) Services are rendered by COMP.Net GmbH itself or by partners commissioned by us. Reaction times are only approximate and may vary on a case by case basis (eg hard to reach location, lack of availability of components). Agreed reaction times do not apply to replacement parts / components that are not essential to maintain the product’s functionality (such as hinges, flaps, cosmetic parts, frame and housing parts).
(2) Services can also be provided over the telephone or over the Internet. As far as agreed, repair services may include installation, integration, labeling, disposal, training or consulting services. In the case of the replacement of components / devices, COMP.Net GmbH acquires ownership of the removed / replaced components / devices during the removal / replacement.
§ 11 Privacy and Confidentiality
(1) We collect and store the data necessary for the transaction of the customer. When processing the personal data of the customer, we observe the legal provisions. Further details can be found in the privacy statement available in our online offer or requested free of charge from us. The customer receives information on request at any time about the data stored about his person.
(2) COMP.Net GmbH and the customer mutually undertake to keep all other business secrets marked as such or obviously recognizable on the other side for an indefinite period of time and not to pass them on to third parties or to exploit them. Documents, drawings and other information that we or the customer receive based on the business relationship may only be used within the framework of the respective purpose of the contract.
§ 12 Software and Literature
In the case of delivery of software or literature, beyond the present terms and conditions, the special licensing, copyright and other conditions of the manufacturer are expressly indicated. Required licenses are added to the products. The license conditions are to be accepted by the customer. Software from Microsoft Corporation comes as an OEM version.
§ 13 Applicable Law, Jurisdiction
(1) For these terms and conditions and the entire legal relationship between us and our contractors, the law of the Federal Republic of Germany, excluding the UN Sales Convention (CISG).
(2) Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of our company.
§ 14 Final Provisions
(1) The customer may assign his rights arising from the business relationship with us only with our written consent.
(2) Should individual provisions of this contract be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby.