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§ 1 General - Scope of application
  1. Definitions: Consumers in the sense of the terms and conditions are natural persons with whom business relations are entered into without a commercial or self-employed professional activity being attributable to them. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity with whom business relations are entered into and who act in the exercise of a commercial or self-employed professional activity. Customers within the meaning of the terms and conditions are both consumers and entrepreneurs. The user within the meaning of these terms and conditions is EINS GmbH, Unterweingartenfeld 6, 76135 Karlsruhe, Germany.
  2. The terms and conditions apply to all present and future business relations. They shall apply to all information provided in connection therewith in brochures, price lists, advertisements, etc.. This applies regardless of whether the information has been provided orally, in writing, by fax or via the Internet.
  3. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.
  4. The user is entitled to change these general terms and conditions at any time with effect for the future.

§ 2 Conclusion of contract
  1. Offers of the user are subject to change without notice. Technical changes as well as changes in form, colour and / or weight are reserved within reasonable limits.
  2. By ordering goods, the customer bindingly declares that he wishes to purchase the ordered goods. The user is entitled to accept the contractual offer contained in the order within two weeks of receipt by the user. Acceptance may be declared either in writing or by delivery of the goods to the customer.
  3. If the consumer orders the goods electronically, the user will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance. 
  4. The conclusion of the contract is subject to the correct and timely self-delivery by the user's suppliers. This shall only apply in the event that the non-delivery is not the responsibility of the User. The customer will be informed immediately about the non-availability of the service. A possible consideration will be refunded immediately. 
  5. If the consumer orders the goods electronically, the text of the contract will be stored by the user and sent to the customer on request along with these terms and conditions by e-mail.
  6. Changes to a concluded contract must be made in writing. This written form clause can only be cancelled in writing.
  7. Distance selling contracts according to § 312 BGB: If the consumer orders by catalogue, letter, e-mail or telephone, he can return goods within a period of 14 days and receive the purchase price back. Only goods as good as new and complete in original packaging will be taken back. If the customer has damaged the goods negligently or intentionally, he is obliged to pay damages. For the return the most economical mode of shipment is to be selected.
  8. § 554 BGB and § 455 BGB are not applicable.

§ 3 Retention of title
  1. In the case of contracts with consumers, we reserve title to the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, we reserve title to the goods until full settlement of all claims arising from an ongoing business relationship. 
  2. The customer is obliged to treat the goods with care. If maintenance and inspection work is necessary, the customer must carry this out regularly at his own expense. The customer also undertakes to inform us of any change of residence or place of business. 
  3. If the value of the securities existing for the user exceeds his claims by more than 20% in total, the customer is obliged to release securities of his choice in the amount of the excess value at the customer's request.
  4. The customer undertakes to inform the user immediately of any third party access to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods.
  5. The User shall be entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract on the part of the Customer, in particular in the event of default in payment or breach of an obligation pursuant to Clause 4 of this provision.
  6. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to the user all claims in the amount of the invoice amount which accrue to him from the resale against a third party. The user accepts the assignment. After the assignment, the entrepreneur is authorised to collect the claim. The user reserves the right to collect the claim himself as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment. If the entrepreneur is in arrears with one or more payments in whole or in part, if he suspends payment or if insolvency proceedings have been instituted against his assets, he is no longer entitled to dispose of the reserved goods. The User shall then be entitled to withdraw from the contract, to take back the reserved goods or to revoke the authority granted to the Customer to collect the claims from resale as well as to demand information about the recipients of the reserved goods and to notify them of the assignment of the corresponding claim as well as to collect the claim itself. The User shall be entitled to freely dispose of any goods subject to retention of title which have been recovered to the best of his ability. In the event of further processing, the User shall remain the manufacturer within the meaning of § 950 BGB (German Civil Code).
  7. Neither the assertion of the retention of title nor the seizure of the delivery item by the User shall be deemed a withdrawal from the contract.

§ 4 Right of revocation and return

I. Distance contract with revocation clause
  1. The consumer has the right to revoke his declaration of intent to conclude the contract within two weeks of receipt of the goods. The revocation does not have to contain any justification and must be declared to the user in text form or by returning the goods; timely dispatch is sufficient to meet the deadline.
  2. The consumer is obliged to return the goods when exercising the right of withdrawal if the goods can be sent by parcel. The cost of returning the goods shall be borne by the consumer if the right of withdrawal is exercised and the order value is up to EUR 40.00, unless the goods delivered do not correspond to the goods ordered. If the order value exceeds EUR 40.00, the consumer shall not bear the costs of returning the goods.
  3. The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer may examine the product carefully and carefully. The loss in value, which leads to the fact that the goods can no longer be sold as "new" due to the use going beyond the pure examination, must be borne by the consumer.

II. distance contract with return clause
  1. The consumer has the right to return the goods within two weeks of receipt. The right of return can only be exercised by returning the goods or, if the goods cannot be sent as a parcel, by requesting the return of the goods.
  2. The costs of the return bear with exercise of the right of return with an order value up to EUR 40.00 of the consumer, unless the delivered goods do not correspond to the ordered goods. If the order value exceeds EUR 40.00, the consumer shall not bear the costs of returning the goods.
  3. The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer may examine the product carefully and carefully. The loss in value, which leads to the fact that the goods can no longer be sold as "new" due to the use going beyond the pure examination, must be borne by the consumer.

III. doorstep selling with revocation clause
  1. The consumer has the right to revoke his declaration of intent to conclude the contract within two weeks of conclusion of the contract. The revocation does not have to contain any justification and must be declared to the user in text form or by returning the goods; timely dispatch is sufficient to meet the deadline.
  2. The user reserves the right to deliver the goods only after expiry of the revocation period.
  3. The consumer is obliged to return the goods, if he already owns them, when exercising his right of withdrawal, if the goods can be sent by parcel. The costs of the return carry with exercise of the right of revocation with an order value up to EUR 40.00 the consumer, unless, the supplied commodity does not correspond to the ordered commodity. If the order value exceeds EUR 40.00, the consumer shall not bear the costs of returning the goods.
  4. The consumer has to pay compensation for the deterioration caused by the intended use. The consumer may check the goods carefully. The loss in value, which leads to the fact that the goods can no longer be sold as "new" due to the use going beyond the pure examination, must be borne by the consumer.

IV. Door-to-door sales with return clause
  1. The consumer has the right to return the goods within two weeks after conclusion of the contract. The right of return can be exercised by returning the goods or, if the goods cannot be sent as a parcel, by requesting their return; timely dispatch is sufficient to meet the deadline.
  2. The costs of the return bear with exercise of the right of return with an order value up to EUR 40.00 of the consumer, unless the delivered goods do not correspond to the ordered goods. If the order value exceeds EUR 40.00, the consumer shall not bear the costs of returning the goods.
  3. The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer may examine the product carefully and carefully. The loss in value, which leads to the fact that the goods can no longer be sold as "new" due to the use going beyond the pure examination, must be borne by the consumer.

§ 5 Remuneration
  1. The purchase price offered is binding. The sales tax is included in the purchase price for consumers. Otherwise, the stated product (net) price does not include shipping or insurance costs as well as expenses and taxes; these costs are calculated separately. The User reserves the right vis-à-vis companies to adjust prices accordingly in the event of changes in exchange rates, customs duties, taxes, freight and insurance costs or acquisition costs with effect for future transactions.
  2. In the case of contracts with entrepreneurs, the User shall be entitled to change the prices even after conclusion of the contract if the cost factors relevant for price formation have demonstrably changed or the User's supplier has demonstrably increased the prices.
  3. Unless otherwise agreed, the prices according to the User's valid price list shall apply on the day of delivery.


§ 6 Terms of payment
  1. Unless otherwise agreed, the purchase price and other remuneration, prices for ancillary services, disbursed costs are due for payment when the object of purchase is handed over.
  2. The customer may pay the purchase price by cash on delivery, invoice or credit card.
  3. The User reserves the right to withhold deliveries and / or services in the event of default of payment by the Customer until full payment of any outstanding claims has been made, to demand default interest and compensation for further damages incurred by the User as a result of the default. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
  4. The customer is not entitled to offset claims against the user, unless the claim is undisputed or has been legally established.
  5. If the customer has deceived the user about his creditworthiness when placing the order or if this was missing, and if this circumstance was not recognizable for the user, the user can withdraw from the contract without grace period. If such circumstances occur after the order has been placed, the User shall only be obliged to provide further services against an appropriate advance payment.
  6. During the period of default, the consumer shall pay interest on the debt at a rate of 5% above the base interest rate. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8 % above the base rate.

§ 7 Delivery
  1. Delivery times are only approximate. Agreed delivery periods shall not begin to run until the customer has fulfilled any obligations to cooperate.
  2. The user is entitled to partial delivery. The place to which delivery is to be made is indicated in the order confirmation. The goods shall be delivered in packaging customary in the trade and suitable for normal dispatch. In the event of default in acceptance, the customer shall bear all costs associated therewith, in particular storage and working time costs.
  3. In the absence of an agreement to the contrary, the user reserves the right to choose the transport route and means. All deliveries are made ex warehouse and at the expense and risk of the customer. The customer also bears the transport risk if the shipping costs are exceptionally borne by the user. The goods can be insured against transport damage against reimbursement of expenses. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of sale to destination, shall not pass to the customer until the goods have been handed over.
  4. It shall be equivalent to the handover if the customer is in default of acceptance.

§ 8 Warranty
  1. If the customer is an entrepreneur, the user shall initially provide warranty for defects in the goods by repair or replacement delivery at the user's option.
  2. If the customer is a consumer, the following procedure shall be agreed upon, taking into account the economic interests of the user, to remedy a defect in the goods: For products with a value of less than EUR 500.00, the consumer may initially only demand a replacement delivery. If the value of the purchased item exceeds EUR 500.00, the user shall initially be entitled to an attempt to remedy the defect within a reasonable period of time. A rectification period of 20 working days shall be deemed reasonable. If the subsequent improvement is not economically reasonable, the subsequent performance shall be effected by replacement delivery.
  3. If the subsequent performance fails, the customer may, at his discretion, demand a reduction in payment or rescission of the contract. In the event of only minor breaches of contract, in particular only minor defects, the customer shall not be entitled to withdraw from the contract.
  4. Entrepreneurs must notify the user in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defect lies with the entrepreneur. Consumers must inform the user of obvious defects in writing within a period of two months after the time at which the condition of the goods contrary to contract was established. The date of receipt of the notification by the user shall be decisive for compliance with the time limit. If the consumer fails to provide this information, the warranty rights expire two months after the defect has been discovered. This does not apply in the event of fraudulent intent on the part of the user. The burden of proof for the time of the determination of the defect lies with the consumer. If the consumer was persuaded to purchase the item by inaccurate manufacturer statements, he shall bear the burden of proof for his purchase decision. In the case of used goods, the burden of proof for the defectiveness of the item lies with the consumer.
  5. If the customer wishes to withdraw from the contract due to a legal or material defect after failed subsequent performance, he shall not be entitled to any additional claim for damages due to the defect. If the customer wishes to claim damages after failed subsequent performance, the goods shall remain with the customer if this is reasonable. Compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if the user has maliciously caused the breach of contract.
  6. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. For used goods, the limitation period is one year from delivery of the goods. This does not apply if the customer has not notified us of the defect in good time (Clause 4 of this provision).
  7. If the customer is an entrepreneur, only the manufacturer's product description shall be deemed agreed as the quality of the goods. Public statements, recommendations, samples of goods and visual samples or advertising by the manufacturer do not represent a contractual description of the quality of the goods.
  8. The customer does not receive any guarantees in the legal sense from the user. Manufacturer guarantees remain unaffected by this.

§ 9 Limitation of liability
  1. In the case of slightly negligent breaches of duty, the liability of the user shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
  2. The above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability do not apply in the case of physical injury or damage to health attributable to the user or in the case of loss of life of the customer.
  3. Claims for damages by the customer due to a defect shall become statute-barred one year after delivery of the goods. This does not apply if the user can be accused of fraudulent intent.


§ 10 Final provisions
  1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
  2. If 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 from this contract shall be the place of business of the user. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is not known at the time the action is filed.
  3. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.


Translated with DeepL https://www.deepl.com/translator

 
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EINS GmbH
E
ntwicklung INteraktiver Software
Unterweingartenfeld 6,
D-76135 Karlsruhe

Tel: 0900 - 1 0000 37
Fax:  0721-53 103 55
email:

info [@] eins-gmbh.de

HRB 107274,
AG Mannheim,
UStID: DE 174 983 312