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General Terms and Conditions

(AGB) derived from the Generator of the German Attorney Hotline.

 

Contract Partner

On the basis of these General Terms and Conditions there will exist a contractual relationship between the Vendor, named:

BW-Tech GmbH

Represented by Thomas Wuckel

Address: Talhausstrasse 4 68766 Hockenheim

E-Mail-Address: sales@bw-tech.de

Commercial Registry: Mannheim

Commercial Registry Number: HRB 704981

Sales Tax ID Number: DE261314735

and the customer.

Contract Contents

This contract sets out the terms for the sale of new products and services for Software and Hardware via the vendor’s online store. Details for the currently offered product and offerings, including a product description can be found in the respective offering or quoatation.

Contract Agreement

The contract offer will be sent in electronic form from the Shop System or another form of communication, e.g. telephone or email.

The contract offered represents a non-binding invitation to submit a customer order for final approval by the Vendor.

The process for a complete contract using the Shop System includes the following steps:

• Select an offer to the desired specification

• Place the offer into the shopping cart

• Press the ‘order’ button

• Enter the invoice and delivery address

• Select payment method

• Check and process the purchase order and all entries

• Press the ‘Pay’ button

• A confirmation email will be sent notifying buyer that the order has been accepted

Orders may also be issued vie telephone or email. The following steps are to be followed:

•             Call the Order hotline or send an order via email

•             The customer will receive a confirmation that the order has been received and accepted

Contract Term

This contract, subject to all provisions herein and barring cancellation prior to delivery, a term of one (1) year. The full price is calculated by the number of users times the unit price, plus any additional taxes, other than VAT, shipping, handling or other costs desired by the customer.

Retention of Ownership

Until full payment for products and services are received any delivered products remain the property of the Vendor.

Price, Shipping cost and Return Fees

All prices are final prices and include, where applicable, the Ad Valorem Tax (VAT) required by law in the country of sale. In the case of the United States the requisite sales tax will be invoiced as a separate line item and will be due upon order placement. In addition to the listed sales price other costs for freight and shipping where necessary will be shown before the final order is placed and accepted. If the product is returned the purchaser is solely responsible for the cost and transportation of the returned product.

Payment Terms

The customer may pay using any of the following methods:

Advance payment via Bank Transfer/Wire or a Payment Service Provider (i.e. PayPal).

Other payment methods are not currently accepted and will be returned to sender.

Once presented, the invoice amount is to be paid before product delivery. The invoice will include all information required for payment.

When a trustee account or payment service provider is used, it enables the vendor and customer to process the payment among themselves. The trustee service / payment service provider forwards the customer’s payment to the provider. Further information is available on the website of the respective trustee / payment service provider. The customer is obligated to pay or transfer the reported amount to the account specified on the invoice within 14 days after receipt of the invoice. The payment is due without deduction from the date of the invoice. If the payment has not been received after expiry of the payment period stated in the purchase agreement or invoice the customer will be in default without notification. The customer's right of retention, which is not based on the same contractual relationship, is excluded.

Delivery Terms

The goods will be dispatched immediately upon receipt of the order. The shipment will take place no later than one (1) day after receipt of order. The contractor commits to delivery by the seventh (7th) day after receipt of order. The basic delivery time is one (1) day, unless otherwise stated in the article description or in the terms of contract acceptance. The Vendor will send the product from  his own warehouse, as soon as the complete order is available. The customer will be immediately informed of any delays. In the event of a permanent impediment to the delivery of said product(s) due to vendor’s suppliers failing to perform the vendor will not be held responsible, i.e. force majeure or non-delivery. Even if a corresponding cover transaction was made in good time, the vendor has the right to withdraw from a contract with the customer. The customer is to be immediately informed in this event and any received services, in particular payments, will be refunded.

Warranty

If the customer is a business, the warranty period for new goods is limited to one year. In the event a replacement is necessary the Vendor is granted the right to choose between repair or replacement with new product. If the customer is a business the warranty is excluded for used goods. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages on the part of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to fulfill the contract.

Contract Formation

If the customer is a business, the risk of the accidental loss and / or the accidental deterioration of the goods is transferred to the customer upon delivery or the delivery of goods to a selected service provider. The contract text is to be stored by the customer’s service provider. In this event the customer has no possibility to access the stored contract directly. The customer can correct errors in the input during the ordering process. For this purpose, he can proceed as follows: Missing entries can be transmitted by telephone or by e-mail.

Right of Rescission and Customer Service

The rules for remote sales contracts are not applicable to business customers. Therefore, these customers are not entitled to a right of rescission due to a distance contract. The Vendor also does not grant such an offer. You can reach our customer service at the following times: BW-Tech GmbH, Thomas Wuckel, Talhausstrasse 4 68766 Hockenheim +49 6205 3105500 vertrieb@bw-tech.de Opening hours:

09:00 - 18:00 European Standard Time.

Liability Disclaimer

Unless otherwise stated claims for damages on the part of the customer are excluded. This disclaimer also applies to the customer’s agents and contractors, should the customer charge against any claims for damages. Exceptions are claims for damages by the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contract goal. This also does not apply to claims for damages after gross negligence or willful breach of duty by the Vendor or his legal representative or vicarious agents.

Apple’s Liability Disclaimer  - I would recommend we use this, I have changed Apple to Vendor.

8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL Vendor, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Vendor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Vendor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Prohibition of Assignment or Pledge

Claims or rights of the customer against the supplier may not be assigned or pledged without the Vendor’s consent.

Language, jurisdiction and Applicable Law

The contract is written in English. The further implementation of the contractual relationship takes place in English. The law of the Federal Republic of Germany applies exclusively. For consumers, this applies only to the extent that this does not restrict the statutory provisions of the state in which the customer is domiciled or habitually resident. Jurisdiction in customer disputes will be Mannheim, Germany.

Data Protection

In connection with the initiation, conclusion, processing and repackaging of a purchase contract based on these terms and conditions, the Vendor collects, stores and processes data. This takes place within the framework of the legal provisions. The supplier does not pass on any customer personal data to third parties, unless he is legally obliged to do so or the customer has expressly consented beforehand.

In the event a third party is used for services related to the execution or processing of customer data, the provisions of the German Federal Data Protection Act shall be complied with. The data communicated by the customer in the course order processing is exclusively for contact within the scope of the contract and will only be used for the purpose for which the customer made the data available. The data will be passed on only as necessary to the shipping company and will only be used to complete said order. Payment data are passed on to the credit institution providing payment. The Vendor observes storage periods of a commercial or fiscal nature, the storage of some data may be retained up to ten years, but under no circumstances as detailed above will any information be provided to any third party. During the visit to the Vendor’s Internet shop, anonymous data such as IP addresses, date, time, browser type, operating system and pages visited maybe collected. Upon customer request this data will be deleted, corrected or blocked within the framework of the statutory provisions. Information regarding this collected information maybe obtained free of charge by contacting the following address:

BW-Tech GmbH, Thomas Wuckel, Talhausstrasse 4 68766 Hockenheim, Germany Tel: +49 6205 3105500 vertrieb@bw-tech.de .

Severability Clause

If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.