|
License
Terms and Conditions
§
1 Validity of Terms and Conditions
All transactions with Sachform Technology GbR are exclusively subject to the
following terms and conditions. Differing terms and conditions of the customer
shall only be enforceable when signed by Sachform Technology GbR.
Sachform Technology may change or extend these terms and conditions including
all potential appendices at any time with a reasonable period of notice. Prior
orders remain subject to the terms and conditions valid at this point of time.
§
2 Conclusion
(1) All data and images on web sites, brochures, adverts, catalogues or similar
products are without obligation. Agreements with our employees made orally,
via phone, or telex shall only be enforceable and binding when signed by Sachform
Technology GbR. Slight differences and technical changes of our images and descriptions
might appear. The latest catalogue supersedes all prior versions.
(2) Submitting an order by the buyer equals an offer to concluding a contract.
A contract between Sachform Technology GbR and the buyer shall only be concluded
with expressive confirmation by Sachform Technology GbR or with start of performance
or supply by Sachform Technology GbR.
(3) All delivered goods remain exclusive property of Sachform Technology GbR
until completely paid.
§
3 Prices and Terms of Payment
(1) All prices are end user prices in Euro exclusive packing and postage. All
said prices include German legal VAT. This shop is also available for international
customers. Only German Euro prices include legal VAT.
(2) Deliveries into Switzerland and other non-EC countries: you only pay the
net price in Euro without German VAT. Potential import customs duties or taxes
have to be covered by you.
(3) Customers in Germany are delivered per invoice (not at first order, check-up
reserved), against prepayment per bank transfer, cash on delivery or Paypal.
You can also agree to a payment made by direct debit. Non-German customers at
first order are delivered against prepayment per bank transfer.
(4) The amount invoiced is to be paid within 10 days after receiving the goods.
In case of having not received your payment within 10 days after date of invoice
you receive the first dunning letter as a reminder. After the second dunning
letter we initiate legal dunning proceedings resulting in additional costs for
you.
(5) Partly deliveries and performances reasonable to the buyer are allowed.
Each partly delivery and performance reasonable to the buyer equals an autonomous
delivery and performance in this case.
(6) The goods are delivered by an in Germany common and accepted logistic company
or a parcel service (e.g. Deutsche Post AG). Shipping costs will be charged
to the purchaser. The shipping costs to foreign countries depend on the parcel?s
tare and the respective country. Pickup (after notification) or delivery to
a destination other as invoice address are also possible. Special shipments
desired by the customer (e.g. express shipment) are charged with additional
fees customary to a place. Inner-German subsequent deliveries are free of charge
generally.
(8) Should the buyer default, the seller is entitled to reject all deliveries
to the buyer including those resulting from other contracts.
§
4 Delivery Time
Delivery dates shall only be enforceable with written notification. Delivery
time will be prolonged accordingly in case of provisions within the framework
of legal and official directives (e.g. import or export restrictions) or force
majeure. Generally, stock goods are shipped within two working days. If the
goods are not in stock when ordered we endeavor to deliver as soon as possible.
We are not liable for transport problems of the logistic company. § 5 Liability
(1) Buyer agrees to hold harmless Sachform Technology GbR from rights from recourse
agreements and claims for indemnity and to indemnify for such damages and liabilities
resulting in any form from using the goods, especially in case of violation
against above mentioned conditions by negligence, disregarding the duty of care
or by premeditative misusage.
(2) Further claims for indemnity are excluded as far as Sachform Technology
GbR does not act premeditatively or grossly negligent. § 6 Warranty
(1) In case of defect buyer has to notify us without delay. Is a return consignment
necessary buyer has to send the reclaimed goods post paid together with a copy
of the invoice. Warranty expires should the customer change the goods delivered.
(2) A partly or complete exchange of the goods is acceptable.
(3) Sachform Technology GbR is only liable for defects provably resulting from
delivery, fabrication or material defects. We expressively indicate the danger
of loss of data by programming defects and viruses as well as the necessity
to save data. Defects shall only be considered as accepted when confirmed in
writing by Sachform Technology GbR. Has Sachform Technology GbR accepted the
defect we can choose either subsequent improvement or subsequent delivery of
the goods.
(4) The warranty claims are valid for customers of Sachform Technology GbR only
and are not transferable. Agreements with our employees made orally, per phone,
or per telex regarding the retraction of goods shall be enforceable and valid
only with written confirmation by Sachform Technology GbR. All shipments to
Sachform Technology GbR are to be free delivery.
(5) With shipment of the goods by Sachform Technology GbR the risk shall be
transferred to the buyer.
§
7 Place of Jurisdiction
Place of jurisdiction for all present and future claims from business relations
with Sachform Technology GbR is exclusively Heidelberg (Germany). The same place
of jurisdiction applies, if the buyer does not have a general place of jurisdiction
in Germany, if after conclusion of the contract the buyer shifted his/her domicile
or usual place of residence out of Germany, or if his/her domicile or usual
place of residence when filing an action is unknown.
§
8 Law to Apply
For all business relations with Sachform Technology GbR the law of the Federal
Republic of Germany applies exclusively. Any other national law as well as the
international purchase law is excluded.
§
9 Right of Withdrawal and Return
(1) The buyer is entitled to withdraw from the contract concluded
within two weeks without indication of reasons in
written form (e.g. letter, fax, E Mail) or by returning the goods. The
term begins at the earliest with receipt of this notification but not
before
receipt of the goods at the buyers location and further on it
doesn´t begin before fullfilment of the sellers duty of
information according to article
246 § 2 connected to § 1 passage 1 and 2 EGBGB and our duty
concerning § 312e passage 1 sentence 1 BGB connected to article
246 § 3 EGBGB.
To comply with the term it is sufficient to send the withdrawal or the
goods in time. The withdrawal shall
be addressed to:
Sachform
Technology GbR
Hauptstrasse 62
D-64759 Sensbachtal, Germany
(2) In case of
an effective withdrawal the received performances and considerations
shall be re-transferred, and potential usages (e.g. interests)
shall be accounted. If you are unable to re-transfer the performance
received or only in a deteriorated way you are obliged to pay damages
for the
value. When hiring goods this does not apply if the deterioration of
the goods is based exclusively on examination like you would have done
it in a
shop. By the way you can avoid indemnification by avoiding using the
goods as an owner and omitting everything that reduces their value.
Goods which
can be send as a parcel are to be re-transferred at our risk. When
returning goods of a delivery with a value up to 40.00 EUR the buyer
has to bear
the cost of the return if the delivered goods equal the goods ordered
or concerning a higher price if there where made no split payments at
time of
withdrawal. In any other case the return of goods is free. If it is not
possible to ship the goods as a parcel the goods will be picked up at
your
location. The duty of refunding has to be fullfilled within 30 days.
For the buyer the term begins with the shipping of the withdrawal
notice or with
the re-transfer of the goods for us with the reception of this. (3) A
right of withdrawal does not exist according to software and
multi-media
applications that have been unsealed by the buyer. Your right of
withdrawal expires prematurely if your contracting party began with the
execution of
the service with your express agreement before end of the period of
withdrawal or if you have initiated execution yourself (e.g. by
download etc.).
(4) End of withdrawal instructions.
|
§
10 Data Protection
(1) In accordance with § 28 of the German Federal Law for Data Protection
(BDSG) we make attentive to the fact that data necessary to business deals are
processed and stored by means of an EDP system in accordance with § 33
(BDSG). Personal data are treated confidentially.
(2) Sachform Technology GbR processes buyers? data exclusively to the
completion of the order and the care of the current customer relations. Supporters
or banks involved receive customer data only if and as far as it is necessary
for the completion of the order. A passing on of address data of the buyer to
other enterprises is excluded. Sachform Technology GbR treats all buyer data
strictly confidentially.
§ 11 About Us
Web shop of Sachform Technology GbR
Hauptstrasse 62
D-64759 Sensbachtal, Germany
Phone: +49 (0) 6068 ? 473 41
Fax: +49 (0) 6068 - 478 969
Cell: +49 (0) 173 ? 318 461 4
E-Mail: sales@sachform.de
VAT: DE 232 436 682
§
12 Disclaimer
(1) Sachform Technology GbR created the content of these sites with utmost care.
Anyway, we cannot be liable for correctness, completeness, and up-to-dateness.
(2) Our sites contain links to websites of other owners whose design and contents
we have no bearing on. For this reason we are not reliable for these contents
by others. The respective owner of linked sites is reliable for them. When linking
the sites we checked them on potential infringements. An ongoing check of linked
sites without concrete indications is not reasonable, anyway. We will remove
links immediately as soon as we get to know of infringements on these sites.
§
13 Electronic Software Delivery (ESD)
(1) Digital media files are any textures, 3D-models, pictures, animations, movie
clips, programs, videos, audio files, or other digital or visual records and/or
depictions of any kind which a buyer acquires from Sachform Technology GbR,
or which a user (direct or indirect) attains by Sachform Technology GbR.
(2) Acquires the buyer the product or the ?digital media file? by
means of Electronic Software Delivery (ESD) the seller enables him/her to download
the bought product or the ?digital media file? from the server of
the seller to his/her computer. This enablement may be limited by the seller
to a reasonable period of time. A reasonable period of time is defined as 8
days.
§14
Copyrights
(1) All copyrights for the digital media file(s) are held by Sachform Technology
GbR or its licensees, and are protected by German copyright laws, international
copyright laws and agreements, and other relevant laws. No copyright/copyrights
or immaterial rights on property are transferred to the buyer. Sachform Technology
GbR remains the owner of all rights that are not expressively granted to the
buyer by this agreement.
(2) Any publications on these sites are subject to German copyright law as well.
Any duplication, processing, spreading and any kind of utilization require the
written agreement of Sachform Technology GbR and/or the author marked there.
(3) The digital media file(s) may be used without restrictions in derived works
such as animations, illustrations, film, video, television, multimedia, advertisement,
live performances, Internet, presentations, product or print orders (DVD, entertainment
and training videos, music videos, computer games, etc.) without additional
fees and under the following exclusions.
Restrictions of use are the following:
(a) No digital media file(s) can - as a whole or in excerpts - be separately
published, marketed, distributed, sold or sub-licensed.
(b) No digital media file(s) can be used as part of computer graphics, animations,
software applications, or other derived works, if the digital media file(s)
? as a whole or in excerpts ? are published, marketed, distributed,
sold, or sub-licensed in a way that any part of the original digital media file(s)
can be exported, extracted, or decompiled into a re-sellable format.
(c) No digital media file(s) ? as a whole or in excerpts ? may be
separately published, marketed, distributed, transferred, sold, or sub-licensed
as ?clip-art? or a similar format. This includes animations, pictures
and similar things which are sub-licensed or distributed in any other way by
a special agency or a special reseller of such visual and auditive media whose
main value is based on making available formats similar to ?clip-arts?.
(4) The digital media file(s) can be modified at each given time only on one
computer, or be used in an unmodified way. Buyer is not entitled to let, lease,
sell, or sub-license digital media file(s) to other persons, companies, or corporations.
Everything created by using digital media file(s) must be for your own use,
or the use of the employer, client or customer, who is the end user of your
work.
If the digital media file(s) is used on a network and thus might potentially
be used by several users, then you have to acquire a multi-place license by
Technology GbR.
(5) For special or extraordinary projects you may acquire special licenses from
Sachform Technology GbR by which you attain rights further than the ones mentioned
above.
§
15 Special Limitations
The digital media file(s) can under no circumstances be used in connection with
pornographic, defamatory, obscene, detractive, fraudulent, hurting, immoral
or illegal applications. Buyer and/or user are fully reliable for any legal
consequences resulting from such usage.
|
