General terms & conditions
<< | site map | >>
General terms & conditions
Our general terms and conditions are binding with the sending of your order.
§1 Scope of application
All deliveries, performances, services and sales transactions shall be carried out in accordance with the terms and conditions of delivery, processing and payment set out in these Terms and Conditions. We do not recognize any conflicting or deviating conditions imposed by the purchaser unless expressly agreed to in writing.
§2 Contract
1. Technical data, specifications and alterations, pictures, drawings, figures, measurements and all other performance and consumption data, as well as specifications regarding deployment of equipment for new technologies, published in brochures or any other medium, remain reserved and are not binding unless explicitly agreed to in writing. This particularly applies in the case of alterations and improvements, which are performed to serve technological progress. Marginal discrepancies are to be accepted, and have no influence on the fulfillment of contracts, in so far as they cannot be considered unreasonable by the purchaser.
2. The order signed by the purchaser is binding; in the case of orders placed via the Internet, the submission of the order by clicking on the "Order Now" button is binding and constitutes the contract conclusion. We reserve the right to accept the contractual offer contained within such an order, by sending an order confirmation within four weeks following receipt thereof. The same applies to deliveries and issue of invoices as for the written order confirmation.
§3 Third party content, products and services
Products and services offered for sale or advertised may be the products, services and information of third parties.
Third party products and services are not provided by us. If you purchase third party products and services, your legal relationship will be with the third party supplier and not us. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved. We may receive fees or commissions from third parties for such products and services.
IBExpert does not offer any warranty as to the accuracy of the content (and any warranty that may be implied by law is hereby excluded) and the accuracy of content should be checked with the third party supplier. The information is provided 'as is' without express or implied warranty. You use the information at your own risk.
§4 Prices
1. The agreed prices are calculated ex works from the shop carrier and owner, and do not include installation, coaching or other such ancillary services. We reserve the right to select the form of shipment. Delivery is made in customary packing; any necessary special packing (e.g. seaworthy packing) is to be borne by the purchaser. We shall be entitled but not obliged to insure the goods at the cost of the purchaser. Carriage-free and gratis shipping will only be made following special written agreement.
2. Checks will only be accepted if expressly agreed to and then solely as a means of payment. All actual costs incurred are charged to the account of the purchaser.
3. Should the purchaser default with payment, we are entitled to charge default interest on arrears at the rate of 3% above the respective official discount rate of the Deutsche Bundesbank (German Central Bank). This does not affect our right to enforce any further claims entitled to by law.
4. The purchaser is only entitled to the execution of retaining lien in as far as his counter-claim arises out of the same contract and is undisputed. The purchaser may only avail of his setting off right if his counter-claims are undisputed, have been recognized by us or have legal validity.
5. Books are price inelastic and can therefore only be supplied at the fixed price.
§5 Delivery
1. In business commerce part shipments are permissible.
2. If for reasons, which we have to justify, we are in default then we are not liable for damages caused as a result of minor or normal negligence, in as far as the default is not caused by delay which is gross negligence.
3. If the purchaser grants us an appropriate extension of term with threat of rejection after we have already defaulted for reasons which we are responsible for, then he is entitle to cancel the contract after the unsuccessful lapse of extension term. The buyer is only entitled to claim damages if default is based on intent or gross negligence, or in the case of minor negligence based on the infringement of fundamental contractual obligations.
4. If the purchaser is in acceptance default or infringes his cooperation, then we are entitled to demand compensation to damages caused to us including any additional expenditure. In this case, the danger of accidental decline or deterioration of the purchase item(s) passes over to purchaser as from the time of non-acceptance.
5. The goods ordered by the purchaser are custom-built or ordered. The right to cancel the order is excluded, accordant with § 3 Para. 2 No. 1 FernAG (Consumer Protection (Distance Selling) Act). For the same reason it is not possible to return goods. This does not affect warranty claims made because of defects. The purchaser is to give notice of a defect immediately after delivery of goods, either by telephone or in writing. In the case of delivery by parcel service, we require confirmation from the driver of the parcel service, in the case of delivery by the Deutsche Post (German Postal Service), a confirmation from the Deutsche Post. In the case of non-acceptance of the ordered goods, we reserve the right to demand compensation of any damages incurred, including any additional expenses.
6. The following shipping costs apply to shipments under 20.00 Euros: within Germany 2.00 Euros. In the case of collect on delivery (C.O.D.), an additional 12.90 Euros will be invoiced irrespective of the total order value. Shipping costs for international shipments vary from country to country; the current costs can be requested or viewed in our online shop. Non-acceptance of a C.O.D. shipment will be invoiced at a minimum of 15.00 Euros.
7. An allowance of up to 10% short or excess delivery of the order volume of all print orders and CD manufacture do not entitle to complaints.
8. If the buyer is in acceptance default, we reserve the right to invoice 10.00 Euro administrative charges for shipments within Germany and up to 20.00 Euros administrative charges for international shipments.
9. Our parcel service partner will make two attempts to deliver C.O.D. shipments and leave notification for a third delivery attempt. In the case of non-delivery the purchaser bears all costs incurred due to the non-delivery.
IBExpert accepts no responsibility for delivery of C.O.D shipments.
§6 Reservation of ownership
1. We reserve our ownership right for goods supplied or produced by us until all our claims resulting out of the business transaction with the purchaser have been paid for. Invoices are considered as paid on the date payment is received by us.
2. It is not permissible to transfer the ownership of the goods by security or pledge. A resale is only allowed within the regular run of business. In the event of resale of the reserved goods, the purchaser hereby already assigns to us all accounts receivable resulting from the resale.
3. If the purchaser is in payment arrears, fully or in part, if he has to terminate payments, and if there are any further justified doubts about his solvency or creditworthiness, he is no longer entitled to possess the goods. In such an event we can withdraw from the contract and/or withdraw his right to collect against the goods receiver (third party). We are also entitled to demand information about third-party debtors, and inform them of the assignment of the claim in the name of the customer, and collect the purchaser’s claims against the third party.
4. In as far as the value of all security interests, which we are entitled to under these provisions, exceeds the sum of all secured claims by more than 25%, we will release the commensurate share of the security interests if the purchaser so requests. 5. In the case of commercial transactions, the purchaser is obliged to insure the goods delivered under reservation of ownership sufficiently (original value) at his own expense against damage caused by fire, water and theft. The rights in this insurance are to be subrogated to us. We will accept this subrogation.
§7 Right of rescission
You have the right to cancel the purchase of an item or services without having to give any reason at any time within fourteen (14) days, in writing (e.g. letter or email). This does not apply to digitally distributed software. This cancellation period begins with the receipt of this notice in written form, in the case of online business transactions, not before we have fulfilled our obligations as stated under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB; in the case of provision of services, not prior to contract completion and also not before fulfillment of our obligations as specified under Article 246 of § 2 in connection with § 1 paragraph 1, points 8 to 12 and paragraph 2, points 2, 4 and 8 and Article 248 § 4, paragraph 1 EGBGB. The time limit shall be deemed to be observed by the timely dispatch of the declaration of rescission. The revocation is to be sent to: IBExpert GmbH, Oldenburger Strasse 233, 26203 Wardenburg, Germany (info@ibexpert.de).
1. Consequences of rescission
In case of a valid rescission, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by both sides. If you are unable or partially unable to restitute the services or merchandise to us, or can only restitute it in a deteriorated condition, then you are obliged to compensate for its value. This may mean that you are required to meet acceptable payment obligations for the period up to cancellation. You must pay compensation for the deterioration and derived benefits only if the use or the deterioration is due to usage, beyond examining the characteristics and functions. "Testing the properties and functioning" refers to the testing and evaluation of the respective goods/services – as for instance in a retail store. Things that can be shipped by parcel are to be returned on our risk. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros (EUR 40.00) or if, where the price is higher, you have at the date of the cancellation not yet made full payment or a contractually agreed part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of rescission. This period begins for you with the dispatch of your rescission for us with the receipt of it.
2. Points to note
Your right of rescission expires prematurely, when the contract is fulfilled, upon your explicit request, by both sides, before you have exercised your right of rescission.
The right of rescission does not apply to commercial purchasers, as defined by HGB (German Commercial Code), where the goods transaction is a commercial transaction according to §§ 343 et seqq.
End of rescission instruction
The right of rescission does not apply to the delivery of goods that have been produced especially to customer specifications, have been personalised. It does also not apply to the delivery of audio or video recording or to software, if the security seal has been removed from the medium.
§8 Warranty
1. In the event of the delivered goods being defect, including the absence of warranted characteristics, we are entitled to choose the way and the means of remedying same (subsequent improvement) or substitute delivery. Should remedy or substitute delivery fail, then the purchaser is entitled to withdraw from the contract (annulment) or to demand an appropriate reduction of the purchase price (reduction).
2. The purchaser’s rights of warranty require that he give notice of obvious defects within two weeks and unobvious defects within six months after receiving delivery. §§ 377 and 378 HGB (Commercial Code) applying to commercial purchasers remain unaffected by these provisions.
3. The purchaser is obliged to permit us to examine the defect goods at our choice of venue, either at the purchaser’s or at our premises. Should the purchaser deny us this examination, we are released from all warranty obligations.
4. The above provisions in 1. to 3. first sentence apply respectively for such claims made by the purchaser, arising through proposals or consultancy within the framework of the contract or through breach of clarification or advisory obligations. In as far as the purchaser is entitled to financial compensation, our obligation is not affected by these conditions.
5. The cession of warranty claims to third parties is not permitted.
6. Should the purchaser sell articles supplied by ourselves onto third parties, he is not permitted to refer to us, with regard to any legal and/or contractual warranty claims involved.
7. Claims do not affect due payment dates of commercial purchasers without our express written permission or legal validity.
§9 Compensation for damage
1. In the case of commercial business, we are liable only for replacement of the foreseeable damage, in so far as this is due to light negligent violation.
2. We are not liable for the recovery of data, unless the cause of loss occurred due to intent or gross negligence, and the purchaser can ensure that the data can be reconstructed from data available in machine-readable form.
3. Where any liability on our part is eliminated or limited, this also applies to our staff, employees, associates, representatives and agents.
§10 Software
The following conditions and the conditions enclosed with the software medium apply over and above to these Terms and Conditions to the supply of software. The purchaser explicitly recognizes and accepts these conditions by opening the sealed software medium. If the purchaser is not prepared to recognize these conditions, he is to return the unopened data medium along with all corresponding components immediately to the place of supply, or to delete the software immediately, should this have been supplied by direct installation on the purchaser’s computer hard drive.
§11 Place of performance, jurisdiction, applicable law
1. These Terms and Conditions shall be governed by and construed in accordance with the law of the Federal Republic of Germany. In construing, interpreting and enforcing these Terms and Conditions, the UN Convention on International Sale of Goods shall not apply.
2. For contracts with merchants who have been entered as such in the commercial register, place of fulfilment and payment, as well as place of jurisdiction of the shop operator, is Oldenburg, Germany. However we are also authorized to take court action against the buyer before the competent court at his principle office or branch.
3. Should the purchaser have no general place of jurisdiction in the Federal Republic of Germany or relocate his general place of residence or habitual residence outside the Federal Republic of Germany following contract conclusion, our place of business is the place of jurisdiction. This also applies, if upon raising of action, his place of residence or habitual residence is not known.
§12 Miscellaneous provisions
In the event that any terms, conditions or provisions contained in these Terms and Conditions are or have been found to be invalid, unlawful or unenforceable or that this Agreement is subject to omissions, this shall not affect the remaining terms, conditions or provisions. Such invalid, unlawful or unenforceable provisions, terms or conditions are replaced by an adequate provision which best meets the original intention of the contracting parties. If such provision is invalid or unenforceable due to a measure of performance or time (period or date), it shall be replaced by a legally valid measure of performance or time as close as possible to the intended period or date.
<< | site map | >>
