General Terms and Conditions of EnBITCon GmbH
1.1 The following General Terms and Conditions (hereinafter "AGB") shall apply to all orders placed by the customer with EnBITCon GmbH (hereinafter "EnBITCon") and shall become the content of the purchase agreements and service contracts concluded thereon.
1.2 The customer's order shall be executed in accordance with the GTC valid at the time of the order. The GTC in their current version are available to the customer on the website www.enbitcon.de under the menu item "GTC".
1.3 Conflicting or deviating GTC or other restrictions of the customer shall not become part of the contract, unless EnBITCon has expressly agreed to them in the individual case prior to the conclusion of the contract.
The contact details of EnBITCon are:
Phone: 0228 / 33 88 89 - 0
Fax: 0228 / 33 88 89 - 99
3.1 "Consumer" in the sense of these GTC is the customer with each contract, which he concludes with EnBITCon for a purpose, which can be attributed neither to a commercial nor a self-employed professional activity of the customer.
3.2 "Entrepreneur" in the sense of these GTC shall be the customer in case of any contract he enters into with EnBITCon for a purpose that can be attributed to a commercial and/or self-employed professional activity of the customer.
3.3 "Customers" in the sense of these GTC are consumers as well as entrepreneurs.
Conclusion of contract in the online store (contracts in electronic commerce)
4.1 The online store is available in German language.
4.2 The presentation of the products in the online store does not constitute a legally binding offer from EnBITCon to the customer. Only after entering the required data and by clicking the button "order subject to payment" in the final step of the ordering process, the customer submits a legally binding contractual offer to EnBITCon with regard to the goods contained in the shopping cart.
4.3 The customer may continuously correct all entries via the usual keyboard and mouse functions prior to the binding submission of the order.
4.4 All entries are displayed in particular before binding submission of the order once again in a confirmation window and can also be corrected there by the customer by means of the usual keyboard and mouse functions.
4.5 The customer receives immediately after receipt of his order a non-binding order confirmation by e-mail. However, a purchase contract for the ordered items and / or a contract for the ordered service shall not be concluded until the order is expressly confirmed by EnBITCon by e-mail or fax after checking the stock of goods and / or the availability of the service (order confirmation), at the latest upon delivery of the goods to the customer or provision of the service.
4.6 The text of the contract including the GTC valid at the time of the conclusion of the contract shall not be stored by EnBITCon and shall therefore not be accessible to the customer in this version after the conclusion of the contract. However, the customer has the possibility to retrieve the GTC during the ordering process and to save them in a reproducible form.
Prices and terms of payment
5.1 Decisive are the prices stated on the day of the order, which are inclusive of the applicable statutory sales tax and plus delivery and shipping costs.
5.2 Unless otherwise agreed separately, all payments shall be made by invoice.
5.3 Payment shall not be deemed to have been made until the Seller can dispose of the amount unconditionally.
6.1 EnBITCon shall be entitled to make partial deliveries and render partial services at any time, provided that this is reasonable for the Buyer.
6.2 In the absence of any agreement to the contrary, the choice of the mode of shipment shall be left to EnBITCon. Any additional costs caused by special shipping requests of the customer shall be borne by the customer.
6.3 If the customer is an entrepreneur (cf. 3.2), the risk of destruction, loss or damage of the goods shall pass to the customer upon their dispatch or, in case of collection by the customer, upon their provision.
7.1 If the customer is an entrepreneur (cf. 3.2), EnBITCon shall initially warrant for defects of the goods at its option by repair or replacement.
7.2 Entrepreneurs are obliged to inspect the goods for any defects immediately upon receipt and to notify EnBITCon in writing of any defects without delay - at the latest within a period of two weeks from receipt of the goods; otherwise the assertion of warranty claims shall be excluded.
7.3 For entrepreneurs, the warranty period shall be one year from delivery of the goods or performance of the other service. This shall not apply in case EnBITCon has fraudulently concealed a defect.
7.4 If the customer is a consumer (cf. 3.1), EnBITCon shall provide warranty according to the statutory provisions.
The liability of EnBITCon, irrespective of the legal ground, shall be limited to the foreseeable damage typical for this type of contract.
This shall not apply,
- for the violation of essential contractual obligations, i.e. contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer regularly relies and may rely,
- for damage to body, life and health,
- for intentional or grossly negligent breaches of duty by EnBITCon, its legal representatives or its vicarious agents,
- for liability under the Product Liability Act and
- for claims arising from guarantees.
Retention of title
9.1 The goods shall remain the property of EnBITCon until the purchase price has been paid in full. The retention of title shall remain in force even if individual claims of EnBITCon are included in a current account and the balance has been struck and accepted.
9.2 Processing or transformation in the customer's area shall always be carried out for EnBITCon, without, however, acquiring any claims against EnBITCon due to the processing. If the (co-)ownership of EnBITCon expires by combination, it is already now agreed that the (co-)ownership of the customer in the unified object shall pass to EnBITCon proportionally to its value (invoice value). The customer shall keep EnBITCon's (co-) ownership in safe custody free of charge.
10.1 The customer's personal data shall be used exclusively for processing the order. All customer data will be stored in compliance with the relevant provisions of the Federal Data Protection Act (BDSG), processed and deleted in accordance with the statutory deadlines.
10.2 The customer has the right to free information, correction, blocking and deletion of the stored data at any time.
Final provision, applicable law, place of jurisdiction
11.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected by this provision.
11.2 Contract language is German.
11.3 Place of jurisdiction vis-à-vis merchants shall be the place of business of EnBITCon.
As of: October 2015