Terms of business
§ 1. Area of application
- All products and services of the company Tobias Meuschke IT (short: „Meuschke IT“, „M-IT“ or „M*IT“) are subject tho the terms of business.
- The validity of this terms of business begins with the 01.01.2007 and ends with the publication of a new version. All previous terms of business versions lose their validity with the entry into force of this version.
- Deviating terms of business of the customer can not be recognized. Exceptions of this rule require an explicite and written agreement.
- Individual contracts and written arrangements can deviate in individual points from the terms of business.
- With the placing of an order by the customer the terms of business are recognized.
§ 2. Offers and prices
- All prices and price overviews are to be understood as current market prices. For the rendering of invoice the valid current market prices at the time of the placing of order are applicable.
- All offers are to be regarded as noncommittal. For errors and mistakes no liability can be taken over.
- All prices understand themselves gross (inclusive added tax) and are in Euro(€) distinguished.
§ 3. Shipping, dates and dispatch
- Times of delivery and dates are noncommittal. The date of the shipping can shift by unforeseeable delivery obstacles up to the removal of the delivery obstacle.
- The customer will be charged for the shipping cost.
- Shipping expenses depend on the mode of shipment and are stated to the customer at the latest with the confirmation of the order.
- With the delivery of the commodity it is to be examined immediately for transport damages. Damage has to be confirmed by the deliverer.
§ 4. Right of revocation
- The customer is entitled to a right of revocation by §312d and §355 BGB. The period of revocation begins with the time, at which the customer is clearly informed about his right of revocation. The period does not begin however up to the day of the delivery of the commodity to the customer. The period of revocation is two weeks. The revocation does not require reason. For period keeping the punctual sending off of the revocation in text form is sufficient to the address of Tobias Meuschke IT and/or return of the commodity indicated above to this address. A right of revocation does not exist with contracts for the sale of goods, that are
- made by customer specification
- contracts for delivery of audio and video recordings or software, if the supplied data media is unsealed by the customer.
- A sealing of data media takes only place on special request of the customer.
- The cost of return of orders below a commodity value of 100 euro has to be paid by the customer. On Orders with a commodity value of over 100 euro Tobias Meuschke IT takes over the costs, which may not exceed original shipping cost.
- In case of return of goods the customer has to pay indemnification for use-causes developed degradation of the commodity according to value.
§ 5. Retention of title
- The supplied goods and services remain up to the complete payment the property of Tobias Meuschke IT.
- Up to complete payment the customer is liable for damage and depreciations developed to the commodity, if these are not covered by the guarantee.
- The customer is not entitled, up to the complete payment, to saling, pledging, letting or other passing on of the commodity.
§ 6. Guarantee
- Tobias Meuschke IT guaranees that in the context of the following regulations for the duration of the legal guarantee time of 2 years, products and services are free from defects in the guarantee-line-legal sense.
- Obvious defects are to be indicated in writing at the latest 14 days after receipt to the commodity.
- Such defects, that are to to blame to the customer, are not affected by the guarantee. This applies in particular to such defects, which are caused by inappropriate handling or installation. An exception here exists only, if the customer prove that the defect is not caused by inappropriate handling or installation.
- If a defect of the product is present, the customer can require a defect removal. If the defect removal fails twice, the customer can demand an replacement. In some suitable cases it is possible to offer an replacement immediately on defect to the customer.
- A requirement for guarantee is the presentation of the original invoice (for shipped products a copy is usually sufficient).
- With shipped commodity the customer carries the responsibility and costs of transport. For damages resulted from transport no liability can be taken over.
- Repairs outside of the guarantee time are charged to the customer.
§ 7. Payment, delay of payment
- The price / payment becomes immediately due with the rendering of invoice. Alternatively the maturity indicated on the invoice applies.
- If the customer comes into delay of payment, then Tobias Meuschke IT is justified, to demand interests at a value of 5% p.a. above the basis interest rate (8% p.a. from commercial customers) starting from the day of the delay. An additional fine of 3 euro per reminder can be charged.
- If Tobias Meuschke IT experiences a higher damage caused by default, Tobias Meuschke IT is justified to make these valid.
§ 8. Liability and non-liability
- On neglection of contract-substantial liabilities Tobias Meuschke IT is responsible for direct damages. In all other respects a liability only exists on intent or rough negligence.
§ 9. Applicable law, data security
- It applies the law of the Federal Republic of Germany.
- Should one or more regulations of the terms of business be ineffective, then the remaining regulations are not affected.
- Tobias Meuschke IT is entitled to store, evaluate and process electronic data provided by the customers. A passing on third takes only place on in the context job executions or legal requirements. The regulations of the data security are considered.
Copyright: Tobias Meuschke IT