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*** Is obligatory excluding the German version of this text! ***
§ 1 General
- All supplies and achievements, which TIOsoft, Joerg Schueler,
Weissdornweg 20,
D-34125 Kassel,
Germany (in the following "TIOsoft") for the customer furnishes, exclusively take place on the basis of the following general trading conditions in their at the time of the order valid version. Deviating regulations have validity only if they were agreed upon in writing between TIOsoft and the customer
- Customer i.S.d. Trading conditions are natural persons and legal entities or legally responsible unincorporated firms, with whom into business relation one steps.
§ 2 Contract conclusion
- With the final delivery of the order through mouse-click explains the customer a binding offer. TIOsoft will confirm the entrance of the order of the customer immediately by email. The entrance confirmation represents still no obligatory acceptance of the order. The entrance confirmation can be connected with the notification of acceptance.
- TIOsoft is justified to accept the offer within one period of 7 calender dates with forwarding of a confirmation of order. The confirmation of order takes place via transmission email. After fruitless expiration the offer applies as rejected.
- TIOsoft is justified to reject the acceptance of the order after examination of the soil quality of the customer.
- TIOsoft reserves itself not to only partly supply in the case more correctly, not more duly or not punctual self supply, not or or to supply a commodity equivalent in quality and price, if this is reasonable for the customer.
- In the case of the unavailability or the only partial availability the customer is informed immediately.
§ 3 Right of revocation and revocation sequences
- The customer has the right to recall its declaration of intention directed toward conclusion of the contract within two weeks after receipt of the commodity. The revocation does not have to contain reason. It is in text form or by return of the commodity opposite explain to TIOsoft, Joerg Schueler, Weissdornweg 20, D-34125 Kassel or opposite order@tiosoft.de. For period keeping the punctual sending off is sufficient. For the return of the commodity you consider please number 5.
- The right of revocation does not exist with contracts
- to the supply of goods, which are made after kundenspezifikation or clearly are cut to the personal needs or which are not suitable for the return due to their condition,
- to the supply of software, if the software or a de-energising key is supplied by email or the supplied data media were unsealed by the customer or
- to the supply of audio or videoaufzeichnungen, if the supplied data media were unsealed by the customer or
- in the other cases mentioned in § 312d Abs.4 BGB.
- The customer is obligated on practice of the right of revocation to the return of the commodity, if the commodity can be dispatched by package.
- The cost of the return the customer, it bears is, the supplied commodity corresponds not to the ordered commodity on practice of the right of revocation with a purchase order value as far as EURO 40. With a purchase order value over EURO 40 the customer does not have to bear the cost of the return.
- With a purchase order value over EURO 40 TIOsoft bears the cost of the return. For this a package mark of the DHL parcel service is sent to the customer. Please you turn to TIOsoft, Joerg pupil, white thorn way 20, D-34125 Kassel or order@tiosoft.de. Then immediately the package mark is sent to them. TIOsoft cannot accept unfree returns unfortunately.
- The customer has to carry indemnification according to value out for a degradation resulted from the intended putting into use of the commodity. The customer may examine the commodity carefully and carefully. The depreciation, which leads by the use going beyond the pure examination to it that the commodity cannot than again be sold any more, has the consumer to carry.
Their right of revocation expires prematurely, if your contracting party began with the execution of the service with your express agreement before end of the period of revocation or it these to have arranged.
§ 3.1 Costs agreement
If the customer make use of his right of revocation, it has the regular cost of returning to bear if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if it is at a higher price the thing at the time the revocation yet the return or a contractually agreed partial payment on his part. Otherwise, the return for the customer free of charge.
§ 4 Prices and shipping expenses
- In the prices the legal value added tax is contained.
- Beside it packing and forwarding expenses are raised. The exact height results from the order overview.
- For cash-on-delivery items within Germany a fee is raised at a value of EURO 12.00.
- All prices mentioned, also for packing and dispatch, apply only within Germany.
- Relevant in each case at the time of the order the valid version is.
§ 5 Payment
- For the payment TIOsoft for customers offers the possibility to the payment by vorkasse.
Each order which is received with TIOsoft is submitted of a credit rating.
If the credit rating leads to a negative result, it does not keep TIOsoft forwards to deliver itself.
- The customer commits itself to pay the purchase price within 7 days after acceptance confirmation. To expiration of the term the customer comes into delay of payment.
- In special cases TIOsoft keeps itself forwards by cash on delivery to supply. With cash-on-delivery items the delay of payment develops with Nichtentgegennahme of the cash-on-delivery item.
- TIOsoft reserves itself to accomplish in the case of supplies at entrepreneurs when desired the customer a supply against calculation or direct debit.
For this however first a more deeply going examination (Schufa, Creditreform, or the like) is necessary with written permission of the customer.
If in the sales contract with the customer a supply is agreed upon against calculation or direct debit, this is immediately due for payment. All payments take place purely net without discount payments and without other departures.
- The customer has to pay interest on the money debt at a value of 5 % over the basis interest rate during the delay.
- The customer is a right for set-off only, if its counterclaims were validly determined or recognized by TIOsoft.
- The customer can exercise a right of lien only if its counterclaim is based on the same contractual relation.
- If the customer is in the default of acceptance or delay of payment is TIOsoft entitled to withdraw for setting a respite from fourteen days from the contract or to require payment of damages because of default. Setting it does not require a respite, if the customer is not the acceptance serious and final refused or obviously also within the period for payment in the conditions.
- TIOsoft can without prejudice to the possibility of making a higher actual damage valid of demanding 20 % of the net sale price for the costs resulted from the treatment of the order and for the escaped profit. The customer remains the proof of a smaller damage reserving.
- Same applies with unauthorized cancellation of the customer of the contract.
§ 6 Supply and passage of the risk
- The supply takes place via transmission to the address communicated by the customer.
- TIOsoft is justified to partial deliveries and part deliveries, as far as this is reasonable the customer.
- The danger of the coincidental fall and the coincidental degradation of the sold commodity turns into with the delivery of the commodity at the customers.
- During supplies and achievements for the resale are intended the carrier ignores the danger of the coincidental fall and the coincidental degradation of the commodity with the delivery to the carrier, or otherwise the person intended for the execution of dispatching on the retailer/entrepreneur.
- It stands for the delivery directly, if the customer is in the delay of the acceptance.
§ 7 Retention of title
- TIOsoft reserves itself the property at the commodity up to the complete payment of the purchase price.
- Before transfer of title are not permissible a verpfaendung, a transfer by way of security, a processing or a transformation without express consent of TIOsoft.
- The customer is obligated to treat the commodity pfleglich.
As far as for this work is necessary, the customer has to accomplish these at own expense regularly.
- The customer is obligates us access third to the commodity, approximately in the case of a seizing to communicate as well as any damages or the destruction of the commodity immediately. A change of ownership of the commodity as well as the own domicile change has to indicate us immediately the customer.
- TIOsoft is justified to withdraw with behavior contrary to the terms of the agreement of the customer in particular with delay of payment or with injury of an obligation for Abs.2-4 of this regulation from the contract and out-require the commodity.
- If the customer is a retailer/entrepreneur, then he is entitled to resell the commodity in the tidy course of business; he retires to TIOsoft however already now all demands at height of the purchase price agreed upon between TIOsoft and the customer (including value added tax), him from the far sale against third grown-up, independently of whether the commodity without or after treatment are resold.
§ 8 Guarantee
- Customers have the choice whether the rework is to take place via rework or replacement. TIOsoft is justified to refuse the kind of the selected rework if it is possible with disproportionate costs only and the other kind of the rework without substantial disadvantages for the customer remains.
- With retailer/entrepreneurs TIOsoft for lack of the commodity carries guarantee out first after its choice by rework of the replacement.
- If the rework fails, the customer can require in principle for its choice reduction of the remuneration (decrease) or cancellation of the contract (resignation). With only slight lack, no ruecktrittsrecht is entitled to the customer.
- Retailer/entrepreneurs must indicate obvious lack in writing to TIOsoft within one period of 7 days starting from receipt of the commodity; otherwise the asserting of the warranty claim is impossible. For period keeping the punctual sending off is sufficient. The burden of proof for all presuppositions for claim, in particular for the lack, meets the retailer/entrepreneur the time of the statement of the lack and for the timeliness of the notice of defect.
- The guarantee period for customers amounts to for new commodity two years and for used commodity one year starting from delivery of the commodity. For retailer/entrepreneurs the Gewaehleistungspflicht amounts to one year starting from delivery of the commodity.
- Software is excluded from the guarantee period, which as "Share commodity" is defined if a test version is available. This software is to be tested by the customer before order on its needs.
From this regulation functions, which are not available in the test version, are excluded.
§ 9 Adhesion
- With easily negligent obligation injuries the adhesion TIOsoft is limited to the foreseeable, contract-typical, direct average damage.
- The customer buyer is and takes place the ordered achievement for its business concern,
is limited with claims for damages the adhesion of TIOsoft to resolution and rough negligence.
- The managing limitations of liability do not concern requirements of the customer from product liability. The limitations of liability do not continue to apply with TIOsoft zurechenbaren body and health damage or with loss of the life of the customer.
- For any overrun of the customer on storage media bought with TIOsoft (computer, Notebooks, non removable disks, software, etc..) TIOsoft does not cling, it is, the customer proves that the damage developed despite reasonable and the respective state of the art of appropriate data protection.
§ 10 Partner-program/ Advertising programm
- TIOsoft is free to change the content or the provisions of the partner advertising programm.
- To participate in this programm the customer need to be specially registered as advertising partner whereby he/she admits to our GTCs.
- Everyone is allowed to use our means of advertising on their website but, of course, provisions are only given to those who are registered and unlocked advertising partners of TIOsoft.
The means of advertising MUST NOT be used on websites containing
- sexual content
- violent content
- discriminating content
- illegal activities
- copyright violations
- Every advertising medium has a certain HTML-Code which has to be followed correctly. The advertising partner is reponsible for using the means of advertising appropriately.
- Provisions are given to the advertising partner as soon as another customer had bought a qualified product and we recieved the payment.
Only those orders are taken into consideration which were send during the same session being indicated by the link of the advertising partners.
- Provisions can either be used as a credit for your next purchase of one of our products or be transfered to your EU bank account when trespassing the 50 Euro border.
§ 11 Data security
The data processing takes place in accordance with condition of the valid Federal Law for Data Protection.
All data received from the customer are exclusively raised, processed, used and passed on to assigned partners, as far as this is necessary for the reason and execution of the sales contract and the further business relationship between the customer and TIOsoft.
§ 12 Other
- If one or more regulations of these AGB should be ineffective or become, then this involves not the inefficacy of the entire contract.
The ineffective regulation is replaced by the relevant legal regulation.
- With all disputes resulting from the contractual relation is, if the orderer is full buyer, a legal entity of the public right or a public special estate to raise the complaint with the court which is responsible for the head office TIOsoft.
TIOsoft is also justified to complain at the head office of the orderer.
- The validity of the UN rights is excluded. It applies German right.
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