General terms and conditions of trade
WinCourier Germany
Software development and distribution company
Björn Jacobs
Dorfstr. 15,
25361 Elskop Germany
1. Definitions
You, the customer: Everybody, who acquires products of us; consumer: Every natural person who acquires products of us for a purpose which can be added neither her commercial ones nor her independent professional activity; We: the software development and distribution company WinCourier Björn Jacobs; price: In offer quoted price; products: In offer and confirmation of order listed goods, licences and services; service offers: In offer and confirmation of order listed services; software: Company or application software
2. Scope of applicability
These general terms of business are used for the business connection (e.g., purchase and/or service contract) between you and us as well as for all information provided in the connection herewith in pamphlets, price-lists, adverts etc., no matter whether these have occurred orally, in writing or on Internet. Verbal additional agreements have no validity, changes and supplements of the contract need excluding the written form. By these conditions divergent terms of business are not recognised. With the placing of order you recognise the validity of these conditions. We are entitled to change these general terms of business any time for the future
3. Offers / conclusion of contract / product changes
Our offers are made exclusively in writing. You can enter orders in writing, on Internet, by phone or fax. We reserve ourselves to change products any time, as far as the changed products show no lower functionality and performance and are reasonable for you taking account to mutual interests.
4. Prices and Payment Terms
Unless prices are not separately declared the quoted prices are net prices; the prices do not include dispatch costs, insurance costs, installation costs and taxes; these costs are calculated separately. Accordingly we reserve ourselves to adapt prices in case of the change of exchange rates, duties, taxes, cargo costs and insurance costs (e.g., for components and services). Until otherwise expressly agreed in writing, payments will be made by transfer, at the latest 20 days after receipt of the invoice. In case of default we reserve ourselves to keep back onto deliveries and / or services up to pending payment in full. In arrears with payment we reserve ourselves to call for default charges in the amount of the legal interest rate as well as replacement for the damages in consequence of a result of the delay. Cheques are accepted only for processing.
5. Delivery / retention of title
Delivery times are only about agreed. We are entitled to part deliveries. In case of default of acceptance you have to bear all costs involved, in particular storage cost. The property of the delivered goods only assign to you with full payment of the purchase price.
6. Return of products
As far as you are no consumer (like abovementioned), you have to announce recognizable defects immediately, otherwise the delivered products are considered as having been approved. Returns according to the regulations of Distance Selling Act are impossible, provided that you are not consumers (like abovementioned). As far as we agree for goodwill reasons to a return of products, these are to be sent back in original state in their original packaging, together with a return certificate as well as the receipt. You bear the costs for the return.
7. Guarantee
It applies the legal guarantee for products and spare parts delivered by us with the following restrictions: In case of defects or in case of missing features, we are entitled to the rework of the faulty object or a spare delivery in adequate period. Moreover we are entitled to check the products after our choice in your or our rooms. As far as a supplementary performance misses, you are entitled to lower the purchase price (decrease) or cancel the contract (resignation of the contract). In case of the rework / spare delivery we acquire with the removal / exchange the property of the removed / exchanged components / devices.
We provide in particular not guarantee:
• for defects, which are the result of faulty installation by you or a third commissioned by you, operating error, intervention in the products or modification of the products by you or a not entitled third or external effect on the products ;
• if operating or maintenance advices are not followed, changes are made in goods, parts are exchanged or consumption material which does not correspond to the original specifications is used;
• for the suitability of the products (in particular software) for a certain intended purpose;
• for the achievements which were produced according to the default;
• for used objects;
• for mechanical wear and dirty parts and assemblies (as for example to fans, tape drives, CD / DVD disk drives), provided that any malfunction appears after a period of more than six months after delivery.
In the guarantee are also not included according to the state of the technology necessary (preventive) maintenance work, the replacement from consumables and disks, any work, which is not necessary to the overhaul, as well as in the electric sphere and the removal of customer viruses. For the realisation of guarantee work we use spare parts or components which are new or as good as new according to the in each case usual industrial standard. As far as products with special manufacturers guarantee show defects during the legal guarantee term, please apply with priority to their manufacturer to achieve a correction of faults. If this misses, these regulations are valid concerning our guarantee. The place of fulfillment of the correction of faults is of our company. Other places of fulfillment can be agreed by contract. Thereby the customer carries conditioned additional costs. You bear costs of the transport for goods to / from the place of fulfillment. The guarantee encloses in every case exclusively the exchange of hardware components, but not in this context other works (data protection, data takeover and reconfiguration). These are produced by us on demand within the scope of services. This is not valid if the defect was caused by grossly negligent conductor. If you invoke our guarantee and it turns out that no defect exists, or the valid defect is based on a fact which is not included in the guarantee, you have to bear our additional costs.
8. Services
Services (i.e. installation, integration, repair, marking, disposal, training or consultation achievements) are produced by us or from us commissioned service partners. Our services are calculated basically after expenditure according to the in each case topical price-list and are a general component between you and us of our closed service contract (verbal or in writing). Should no order follow from a presentation on site, the journey will be calculated with one dollar per km. If an all-inclusive price is agreed for a service (e.g., for software installations), this can occur only in writing. On this occasion, we must produce the service only successfully, as far as it is technically possible for one good expert under the given circumstances or would have been.
The agreed all-inclusive payment becomes due also if you do not inform us about relevant technical or other information before ordering, if software-technical or hardware-technical problems also with the help of the respective manufacturer's hotline are not be solved in adequate time or your used hardware or software prevent the success with lasting effect.
9. Liability
We exclude any liability, in particular for the loss from data or arising from interruption of operation, provided that they are not to be led back on deliberate or grossly negligent conductor or failure on our part. A liability is excluded further in this respect than the damage could have been prevented by measures, which ameliorate the damage on your part, as for example by regular backup of data and permanent professional storage. All further rights and claims, regardless of legal basis, are excluded. This is valid in particular for the substitute of indirect damages (Secondary failures, as for example lost profit).
10. Software
As far as the data carrier shows physical defects, the legal regulations or with priority the conditions agreed here are valid. Apart from that, is valid: For from us delivered, not from ourselves made, software is valid the regulations of the respective licence agreement.
You expressly declare to recognise this. We provide no guarantee for mistakes with the choice of software, for installations conducted by you or third by your order, for the cooperation of delivered software with your software and not from us delivered hard and software components.
Exceptions are to be fixed in writing by order or contract. Exclusively the guarantee regulations of the manufacturers are valid. Guarantee claims to software products are to be asserted exclusively towards the respective manufacturer.
11. Force majeure
We have not to defend for the non-fulfilment of contractual duties, as far as the non-fulfilment is based on an impediment beyond our sphere of influence (e.g., non-delivery with supplier's components, natural disasters, act of sovereignty) and agreed terms are valid as suitable extended. If the impediment takes longer than 2 months, the contract can be canceled without cancelation period. Further claims are excluded.
12. Secrecy
The contracting parties will treat the trade secrets and business secrets known within the scope of the business connection also after ending of the business connection confidentially.
13. Notice
We are entitled to cancel the contract, as far as you are despite setting a deadline more than 2 weeks in delay or have injured you export regulations. Every party is entitled to cancel the contract in the following cases: Injury of an essential contractual commitment by the other party; as far as this is not finished within a term of 30 days after access of a suitable request of the injured party; opening of an insolvency procedure about the property of the other party.
14. Your obligations as a customer
The following aspects are in your area of responsibility:
Choice of the product and the suitability for a certain purpose
Your communication costs
In addition, you agree to give us all information we need to do our service, to guarantee access to the products as well as to do necessary co-operation actions. Before realisation of guarantee achievements or services you will remove all components, products etc. not built-in by us, as well as you will backup all your data and programmes.
15. Data protection
In accordance with the Bundesdatenschutzgesetz (Federal Data Protection Act, Federal Republic of Germany), the user is hereby informed that we does store the user’s address as well as other information supplied by the user, and we shall keep such information in strict confidence.
16. Advertisement
With this registration, the user hereby explicitly consents to being occasionally updated by WinCourier on product improvements and or special offers via the user’s address and or e-mail. This consent can be revoked via an informal notification by the user any time.
17. Consumer protection
Provided that you are consumer (like abovementioned), the legal consumer protection rights are not touched by these general terms.
18. Place of performance and jurisdiction
With the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, solely German Law applies. The place of performance is Itzehoe, Germany. The jurisdiction for buyers is Itzehoe, Germany.
19. Miscellaneous
In case one part of this contract shall be or become inoperative under the outlined conditions, the virtue of the contract’s other parts shall not be affected. The part in question shall be replaced by substitute provisions, which are to serve the aspired purpose as much as possible under the inoperative condition. We are entitled to let produce single obligations by subcontractor. You are not entitled to assign a claim from this arrangement. Notices need the written form and are to be dispatched by registered letter.
Liability
We assume no liability for mistakes relating to completeness and correctness of all information and registrations as well as representation.
Copyright:
The use to by itself created objects as for example texts and graphic elements of this Internet site in electronic and non-electronic media is only with explicit written approval of WinCourier Germany permitted. The contents and works on these sides created by us are defeated by the German copyright
Explanation about linking to external websites
This website contains perhaps hyperlinks to other sides. With the judgment from the 12th of May, 1998 the district court Hamburg has (reference number: 313 O 85 / 98) decided that one has to justify himself by the use of hyperlinks if necessary for contents of linked sides. Nevertheless, this can be prevented, by an explicit dissociation of the linked sides. We check the linked sides carefully. Nevertheless, web pages are changing all the time. That's why it is not possible for us to check all links and the sides behind it constantly. Herewith we expressly dissociate ourselves from all contents which offend against valid right, decency, custom or morality. The responsibility for the contents of the sides, in picture, tone and writing, carries exclusively the author of the side. We have no influence on the contents of the linked sides! If a side, which contradicts the abovementioned regulations, is announced, we remove immediately this link on it.
Please note: disciplinary warning letter
Should the contents or the presentation of these sides injure foreign right third or legal regulations, we ask for a suitable message without note of fees. The removal of a protective right injury possibly going out from these sides from the protective right owners may not take happen without our approval. We guarantee that the rightly complained passages are immediately removed, a legal adviser from your side is not necessary. From you without prior contacting released costs we will reject completely. And put forward if necessary a counter-claim, because of breach of foresaid regulations.
Thank you for your understanding.
This explanation is valid for all sides of our website.
Stand: August 2004
