General terms and conditions - GBelectronics GmbH
Note: automatic translation! You will find the original on the German side under "AGB"
General terms and conditions (GTC)
§ 1 Scope
The following general Terms and Conditions regulate the contract relationship between Gbelectronics GmbH and the consumers and businessmen who buy goods about our shop. Conditions standing contrary or deviating from our business conditions aren't appreciated by us. The contract language is German.
§ 2 Conclusion of the contract
(1) The offers in the Internet represent a non-binding invitation to you to buy goods.
(2) After entering your data and click on the order button, you submit a binding offer to enter into a contract of sale. You can give a binding order but also by phone or by fax. Shall without delay by E-Mail or by fax receipt of your order represents still no acceptance of the offer.
(3) GBelectronics GmbH is entitled to accept your offer within 3 days by sending an order confirmation by E-Mail. After expiry of the period referred to in clause 1, your offer is rejected, i. e. You are no longer bound to your offer. Telephone order, the sales contract is concluded if we accept your offer immediately. Is the offer is not immediately accepted, then you are bound not remember.
§ 3 Delivery / service
If not otherwise specified in the offer, we bring the goods within 2 working days after receipt of payment the order. Delivery on invoice or payment is made by direct debit or credit card, we bring the goods, if not to offer otherwise, within 2 business days after the order confirmation in the shipping.
§ 4 Payment
(1) Payment is carried out either by prepayment by advance bank transfer on invoice (only applies companies and public institutions), via debit or credit card. We reserve the right to exclude certain types of payment. Choice of payment method money order we call you the bank details in the confirmation of order. The invoice amount is to be paid within 7 days on our account. You can exercise a right of retention only insofar as the claims arise from the same contractual relationship.
(2) Come with a payment, so GBelectronics GmbH reserves, to claim damages (such as collection fees, fees, interest on arrears).
(3) With degree of Softwareprovision, purchase or service contract, the client owes a fee, license fee or a purchase price.
§ 5 Retention of title
The object of purchase remain our property until full payment.
§ 6 Warranty
(1) The statutory provisions shall apply to consumers. The customer is not a consumer, the following modifications apply:
(2) the warranty period is limited to 12 months for both new and used things.
(3) The warranty by GBelectronics GmbH to the customer - unless this business within the meaning of § 14 BGB - should be subsidiary to the warranty of the software or hardware manufacturer/supplier. To this end, the
GBelectronics GmbH ceded their claims against the manufacturer/supplier with regard to the contractual software or hardware and/or documentation or any other tips on using in advance to the customer. The customer accepts this assignment. The customer has first to assert - if necessary Court - warranty claims against the manufacturer/supplier. The limitation of warranty claims against
GBelectronics GmbH is suspended for the duration of the judicial prosecution. The
GBelectronics GmbH will issue the documents necessary for a law enforcement and provide required information about the party. The safeguarding of
GBelectronics GmbH lives up again, if the use of manufacturer/supplier for legal reasons or because of financial decay e. g. due to insolvency, Unauffindbarkeit, due to legal restrictions or existing offers counter rights there is no prospect of success.
((4) The customer has - unless he is an entrepreneur - the goods or performance after receipt to check immediately and without delay to the shortcomings, where appropriate, recognized this. § 377 German Commercial Code shall apply.
(5) The liability of GBelectronics GmbH for any legal reason is limited in accordance with the following provisions:
(5.1) The liability for damage caused intentionally or through gross negligence caused by
GBelectronics GmbH or one of its vicarious agents or legal representatives, the amount is unlimited.
(5.2) For damages from injury of life, body or health, liability also for a simply negligent breach of duty by
GBelectronics GmbH or one of its vicarious agents or legal representative the amount is unlimited.
(5.3) Also the liability for damages arising from a serious organisational fault by
GBelectronics GmbH, as well as for damages which were caused by the lack of a quality guaranteed by
GBelectronics GmbH, the amount is unlimited.
(5.4) For the violation of essential contractual obligations shall be liable the
GBelectronics GmbH, unless none of the cases referred to in paragraph 5.1 to 5.3., the height to limited to the damage typically foreseeable on conclusion of the contract.
(5.5.) Any further liability for damages is excluded, in particular the liability without fault is excluded.
(5.6.) The liability under the product liability Act remains unaffected.
§ 7 Computer programs (Software)
The GBelectronics GmbH makes expressly point out that it is not possible for the State of the art computer programs to develop, that these work error-free under all conceivable conditions. Subject to any warranty by GBelectronics GmbH is software that is basically usable the program description in the sense and the computer complies with the accurately named system requirements.
§ 8 Scope of delivery and use of acquired software
(1) At the cession of software the delivery confines itself to the Objectcode (executable form) with the basic informations, such as documentation, planned by the manufacturer and installation and use notes, not necessarily in paper form. As far as the delivery is carried out by download, no physical data carrier or if necessary documentation and manufacturer notes are provided in paper form and aren't owed either. The customer doesn't have any claim to cession of the source code.
(2) The software left by Gbelectronics GmbH is under validity and in recognition of the user license and conditions of usage of the software manufacturer on the part of the customer (as a rule " user Licence agreement end " called) licenses.
(3) The customer is entitled to use the contract software according to the manufacturer's license agreement, which among other things be made available during the installation of the software.
(4) The customer may use the software interface information only within the limits of § 69 e UrhG reproduce copyright within the meaning of section 69 c 1 and 2 or translate. The agreement of the manufacturer, as well as the relevant laws shall apply with regard to resale and subletting.
§ 9 Software delivery via download
On the software delivery by download no transportation costs are billed for by Gbelectronics GmbH. To the server of Gbelectronics GmbH (Internet connection) has to establish the news and to bear the use costs of the far communication connection arising in this process in the context of the call the far communication connection required for the download.
§ 10 Sending back costs in the case of the revocation
You have to bear the costs of the return, if these ordered this one delivered goods corresponds and if the price of the thing to be returned doesn't exceed an amount of 40,-euros or if you haven't produced the service in return or a partial payment agreed on by contract at a higher price of the thing at the time of the revocation yet in the case of the revocation. You also must bear only the regular costs of the return. The ones e. g. by a change of our business domicile or by use of expensive transportation services requested by us arise, are for our account additional costs.
§ 11 Other regulations
(1) Also without notes on the part of Gbelectronics GmbH all goods are exportation subject to authorization in doubt. The customer accepts German and also foreign Exportkontroll regulations and restrictions and obliges himself to sell such products or technical information to persons, companies or in countries neither directly nor indirectly export or pass on elsewhere if this violates foreign or German laws or ordinances as well as all required export documents catch up at the expense of their own if necessary.
(2) The place of jurisdiction is Wipperfürth as far as is a full merchant, a legal entity of the public law or a separate property under public law the customer or the customer doesn't have any general place of jurisdiction in the inland.
(3) The German civil code exclusively applies to the on the right relations between Gbelectronics GmbH and the customer, if necessary the regulations of the German code of commercial law.
(4) If a policy provision should completely or partly be or get ineffective, then the other regulations remain effective; in this case what is, valid instead of the trivial regulations the contract purpose wanted recognizably at the next one comes.
(5) Online-Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO: Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie unter http://ec.europa.eu/consumers/odr/ finden. Wir sind weder bereit noch verpflichtet, an Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen.
§ 12 Foreign-trade regulations
(1) GBelectronics GmbH points that the exportation of the product and the accompanying documents/documentations for example due to her way or her use to which according to German or foreign law approval duty can be subject.
(2) All products are delivered to the U. S. export regulations by Gbelectronics GmbH under compliance with the currently valid AWG/AWV/EC-dual Use ordinance as well as and are determined in the supplier country agreed on with the customer for the use and to the whereabouts. If the customer intends the re-export of products, he is obliged to observe U. S. , European and national export regulations. The re-export is forbidden to regulations by products (single or in system-integrated form) contrary to this.
(3) The attention and execution of the substantial foreign-trade regulations (e. g. import licenses etc.) and other laws being valid outside the Federal Republic of Germany fell, however, exclusively to the responsibility area of the customer (Bundesausfuhramt in 65760 Eschborn). GBelectronics GmbH doesn't have any obligation to information in this respect.
(4) Every further delivery of products by customers to third parties with and without knowledge of Gbelectronics GmbH requires the assignment of the export permit conditions at the same time. The customer is liable on a full scale at non-compliance of the appropriate regulations.
(5) GBelectronics GmbH isn't obliged to the performance of a contract as far as this would lead to violations of the export inspection right.
(6) In case the if necessary required export permit isn't assigned, Gbelectronics GmbH particularly reserves the resignation of the contract for itself.
R E V O C A T I O N I N S T R U C T I O N
You can revoke your contract explanation also by return of the thing within 14 days, or what, without giving reasons in text form (e. g. letter, fax, e-mail), if the thing in front of lapse of time is left to you. The period starts after receipt of this instruction in text form, however not in front of receipt of the product at the receiver (on the recurring delivery of uniform goods not in front of receipt of the first partial delivery) and, neither before fulfillment of our duties of information in accordance with article 246, § 2 in connection with § 1 sales 1 and 2 EGBGB as well as our duties in accordance with § 312g sales 1 sentence 1 BGB into connection with article 246 § 3 EGBGB. For the preservation of the revocation period the punctual dispatch of the revocation or the thing suffices. The revocation is to direct on:
Bergisch Gladbacher Str. 1033
info (@) GBelectronics.de
R E V O C A T I O N C O N S E Q U E N C E S
In the case of an effective revocation the performances zurückzugewähren received on both sides and uses (e. g. interest) drawn if necessary have to be returned. You can us or return not or partly not or only in deteriorated condition zurückgewähren, the received performance as well as uses (e. g. use advantages) you must in this respect provide us a value substitute. For the deterioration of the thing and for drawn uses you only must provide a value substitute which goes beyond the check of the qualities and the operation as far as the uses or the deterioration can be explained by dealing with the thing. One understands testing and trying out by check "of the qualities and the operation", the respective product how it is possible and usual approximately in the store business. Package dispatch capable things have to be returned on our risk. You have to bear the regular costs of the return, if these ordered this one delivered goods corresponds and if the price of the thing to be returned doesn't exceed an amount of 40,-euros or if you haven't produced the service in return or a partial payment agreed on by contract at a higher price of the thing at the time of the revocation yet. The return otherwise is cost-free for you. Not package dispatch capable things are collected from you. Obligations to the refund of payments must be met within 30 days. The period starts with the reception for you with the dispatch of your revocation explanation or the thing, for us.
End of revocation instruction