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Service and Usage Agreement

HomepageService and Usage Agreement

1. Scope of application

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Annex IT Systems.

By posting the products in the online shop, we make a binding offer to conclude a contract for these articles. You can first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive a confirmation by e-mail.

The contract can be terminated by both parties with a notice period of 30 days to the end of the month, without giving reasons, but at the earliest at the end of the contractually agreed minimum contract period. A termination can be made in text form by letter, fax, e-mail or via the secure online administration area, provided that this option is available.

For individual developments, we charge € 32.31 net per hour or part thereof and € 38.45 gross per hour or part thereof.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We store the text of the contract and send you the order data in text form. You can view the text of the contract in our customer login.

4. Terms of delivery

The dispatch of the service takes place immediately after receipt of payment, you will receive a payment confirmation by e-mail after payment.

5. Payment

In our shop, the following payment methods are available:

Advance payment
If you select the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
By placing your order, you enter your credit card details. Your card will be charged immediately after placing the order.

Bitcoin BTC
By placing the order, you will be redirected to the payment service provider CoinPayments to make the payment.

PayPal
By placing the order, you will be redirected to the payment service provider PayPal to make the payment.

The term of payment is 7 working days.

6. Default

If any payment deadlines granted in the invoice are exceeded, we are entitled to charge default interest even without a reminder.

In addition, we are entitled to block the customer's website in the event of default and to retain all other services.

Invoices are sent by e-mail as an attachment. In the case of a request for delivery by letter, we are entitled to charge a reasonable processing fee. In the event of a retroactive invoice change, which is not due to our fault, we are entitled to charge a reasonable processing fee.

If you are in default with a payment, you are obliged to pay the invoice amount plus any collection fees incurred and the reminder fees.

A delay is valid 1 working day after the payment term.

In the event of default, we will remind you weekly with a reminder fee of:

  • 1st reminder: 7,50 €
  • 2. Reminder: 8,50 €
  • 3rd reminder (last reminder): 9,50 €

If the deadline for the 3rd reminder has elapsed, the claim is automatically handed over to a collection agency.

The dunning costs are exempt from tax.

Manual unlocking of the service(s) is not possible and will only be automatically unlocked/activated upon receipt of payment.

7. Right of withdrawal

You are entitled to the statutory right of revocation as described in the cancellation policy.

8. Retention of title

The goods remain our property until full payment has been made.

For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance – regardless of a combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. Warranty and guarantees

Validity of the statutory liability law on defects

Unless expressly agreed otherwise below, the statutory right to liability for defects shall apply.
The following restrictions and shortened deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty as well as malice
  • in the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act has been opened.

Restrictions on consumers

The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

Restrictions on entrepreneurs

With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement on the quality of the goods; We assume no liability for public statements of the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the recourse claim according to § 445a BGB remain unaffected.

Regulations vis-à-vis merchants

Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Warranties and Customer Service

Information on any applicable additional guarantees and their exact conditions can be found on the product and on special information pages in the online shop.

Customer Service: Customer support is only available via ticket or email, telephone support is not currently offered.

10. Liability

We shall always be liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents.

  • in the event of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act has been opened.

In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

We assume no liability for direct damages, consequential damages or lost profits due to technical problems and malfunctions within the Internet that are not within our sphere of influence.
We are not liable to entrepreneurs in the event of slightly negligent breach of insignificant contractual obligations. This does not apply in all cases of personal injury and in accordance with the Product Liability Act.
For indirect damages and consequential damages as well as for lost profits, we are only liable to entrepreneurs in the event of intent and gross negligence. In this case, our liability is limited to the contractually foreseeable damage, up to a maximum of 100% of the annual product rent.
If the customer violates the obligations mentioned in Section 6 with the content of his Internet pages, in particular against legal prohibitions or morality, he shall be liable to us for compensation for all direct and indirect damages resulting from this, including financial losses. In addition, the customer undertakes to indemnified us against claims of third parties – of any kind – resulting from the illegality of content posted on the Internet. The indemnification obligation also includes the obligation to fully indemnity against legal defence costs (e.B. court and lawyer's fees).


Otherwise, claims for damages are excluded.

11. Resellers/Resellers

We offer you a reseller/reseller program where you can sell/rent our products to other consumers/entrepreneurs via API access.

For the API we offer you a documentation.

A separate contact is required to activate the Reseller/Reseller Program.

12. Affiliate Program

In the affiliate program, you have an affiliate link available that you can share with your friends, etc.

As soon as an order is placed via your affiliate link, you will receive a commission paid to your credit account.

13. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Sales Act.

15. Place of jurisdiction, applicable law

The exclusive place of jurisdiction for all disputes arising from or on the occasion of this contract is Pasewalk, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. For all claims of any kind arising from or on the occasion of this contract, the law of the Federal Republic of Germany shall apply to the exclusion of the Uniform UN Convention on Contracts for the International Sale of Goods.

 

GTC as of 08.2021


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