General Terms and Conditions with Customer Information
Table of Contents1. Scope
2. Conclusion of contract
3. Right of cancellation
4. Prices and payment terms
5. Delivery and shipping terms
6. Granting rights of use for digital contents
7. Granting rights of use for licence keys
8. Reservation of ownership
9. Liability for defects (warranty)
10. Applicable law
11. Legal jurisdiction
12. Alternative dispute settlement
1. Scope1.1 These General Terms and Conditions (hereinafter “GTC") of IND EX®Intercontinental Association of Experts for INDustrial EXplosion Protection e.V. (hereinafter “Seller”) are valid for all contracts for the delivery of goods, which a consumer or contractor (hereinafter “Customer”) concludes with the Seller with respect to the goods displayed by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is herewith objected to, unless agreed otherwise.
1.2 For contracts pertaining to the delivery of digital contents, these GTC apply accordingly, provided that nothing to the contrary has explicitly been agreed in writing.
1.3 For contracts pertaining to the delivery of licence keys, these GTC apply accordingly, provided that nothing to the contrary has explicitly been agreed in writing. The Seller owes the surrender of a licence key for using the software/contents described by him, as well as the granting of the contractually agreed rights to use the respective software/contents. The Customer shall not acquire any intellectual property rights to the software/contents. The respective product description in the Seller’s online shop is decisive for the condition of the software/contents.
1.4 A consumer for the purposes of these GTC is any natural person, who concludes a legal transaction for purposes, which can mainly neither be attributed to their commercial nor their freelance professional activity. A consumer for the purposes of these GTC is any natural person or legal entity or a partnership with legal capacity to act, who is exercising their commercial or freelance professional activity by concluding a legal transaction.
1.5 Digital contents for the purposes of these GTC are all data existing on a physical data medium, which are produced in digital form and provided by the Seller subject to granting specific rights of use, which are regulated in more detail in these GTC.
2. Conclusion of contract2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but rather, they are for submitting a binding offer by the Customer.
2.2 The Customer can submit the offer via the Sellers online order form, which is integrated into the online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer will submit a binding contract offer in relation to the goods contained in the shopping basket by clicking on the button to complete the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, by fax, by e-mail, by post or using the online contact form.
2.3 The Seller can accept the Customer’s offer within five days, by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or the delivery to the Customer of the ordered goods, whereby the receipt of the goods by the Customer is decisive, or by requesting the Customer to pay after placement of the order. If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The deadline for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day, which follows the sending of the offer. If the Seller fails to accept the Customer’s offer within the aforementioned deadline, this shall be regarded as a rejection of the offer, with the consequence that the Customer is no longer bound to his declaration of intent.
2.4 For the submission of an offer using the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer with the existing GTC in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. However, the contract text can no longer be retrieved by the Customer via the Seller’s website after sending his order.
2.5 Prior to the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical method for better identification of input errors can be the browser’s enlarging function, which can be used to enlarge the display on the screen. The Customer can correct his entries as part of the electronic ordering process using the conventional keyboard and mouse functions until he clicks on the button to complete the order process.
2.6 German language is exclusively available for conclusion of the contract.
2.7 As a rule, the order process and making contact take place by e-mail and automated order processing. The Customer must ensure that the e-mail address specified by him for order processing for order processing is accurate, so that the e-mails sent by the Seller to this address can be received. In particular, when using SPAM filters, the customer must ensure that all of the e-mails sent by the Seller or third parties mandated with the order processing can be delivered.
3. Right of cancellation3.1 In principle, consumers are entitled to a right of cancellation.
3.2 Further information about the right of cancellation are available in the Seller’s cancellation policy.
4. Prices and payment terms4.1 Unless the Seller’s product description specifies otherwise, the quoted prices are total prices, which contain the statutory value-added tax. Any additional delivery and shipping costs, which are incurred, will be referred to separately in the respective product description.
4.2 For deliveries to countries outside of the European Union, additional costs can be incurred on a case-by-case basis, which the Seller is not responsible for and must be borne by the Customer. These include, for example, costs for transferring funds by credit institutions (e.g. transfer fees, exchange rate fees) or import levies/taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of funds, if the delivery is not made to a country outside of the European Union, but the Customer makes the payment from a country outside of the European Union.
4.3 The payment options will be notified to the Customer in the Seller’s online shop.
5. Delivery and shipping terms5.1 The delivery of goods occurs via shipping to the delivery address provided by the Customer, unless agreed otherwise. For the processing of the transaction, the delivery address in the Seller’s order processing is decisive.
5.2 If the transport company returns the shipped goods to the Seller, as a delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipping. This shall not apply, if the customer validly exercises his right of cancellation, if he is not at fault for the impossibility of the delivery or if he was temporarily prevented from accepting the offered service, unless the Seller has notified him about the service for with appropriate advance notice.
5.3 Self-collection is not possible for logistical reasons.
5.4 Digital contents will exclusively be provided to the Customer in electronic form: via download
5.5 Licence keys will exclusively be provided to the Customer in electronic form: via e-mail
6. Granting rights of use for digital contents6.1 Unless specified otherwise by the content description in the Seller’s online shop, the Seller shall grant the Customer the non-exclusive right, unlimited by location and time, to use the provided contents for private and business purposes.
6.2 Disclosure of the contents to third parties or the creation of copies for third parties outside of the scope of these GTC is not permitted, unless the Seller has consented to a transfer of the contractual licence to the third party.
6.3 The granting of rights will only become valid, if the Customer has paid the contractually owed compensation in full. The Seller can also already provisionally permit use of the contractual contents before this time. A transfer of the rights does not occur with such provisional permission.
7. Granting rights of use for licence keys7.1 The provided licence key authorises the Customer to use the software/contents to the extent shown in the respective product description.
7.2 The granting of rights will only become valid, if the Customer has paid the owed compensation in full.
8. Reservation of ownership8.1 If the Seller provides advance performance, he reserves the ownership of the delivered goods until full payment of the owed purchase price.
9. Liability for defects (warranty)9.1 If the purchased item is defective, the statutory liability for defects regulations shall apply.
9.2 The Customer is requested to make a complaint to the Seller about delivered goods with obvious transport damage and notify the Seller about this. If the Customer does not fulfil this request, this has no implications for his legal or contractual claims for defects.
10. Applicable lawThe law of the Federal Republic of German shall govern all of the parties’ legal relationships, to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law only applies, insofar as the granted protection is not withdrawn by mandatory legal provisions of the country in which the consumer has his usual abode.
11. Legal jurisdictionIf the Customer is acting as a trader, public-law legal entity or special public-law fund with a domicile in the sovereign territory of Federal Republic of Germany, the exclusive legal jurisdiction for all disputes from this contract is the Seller’s registered office. If the Customer has his domicile outside of the sovereign territory of the Federal Republic of Germany, the Seller’s exclusive legal jurisdiction for all disputes from this contract is the exclusive legal jurisdiction, if the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. However, in the aforementioned cases, the Seller shall be entitled, in any case, to seize the court at the Customer’s domicile.
12. Alternative dispute settlement12.1 The EU Commission provides a platform for online dispute settlement on the Internet at: http://ec.europa.eu/consumers/odr. This platform is a point of contact for out-of-court settlement of disputes from online purchase or service contracts, in which a consumer is involved.
12.2 The Seller is neither obligated nor prepared to take part in dispute settlement proceedings before a consumer arbitration board.