Software by ksd-systems
Copyright 2004-2009
Copyright 2004-2009
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| Terms and Conditions |
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| Monday, 24 August 2009 07:22 |
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Scope We sell, deliver and work exclusively on the following terms and conditions. The following provisions are contrary or different Terms and Conditions of the Purchaser shall not apply. The following terms and conditions also apply only if we unconditionally, in full knowledge of conflicting or differing conditions on the following terms and conditions of the purchaser, delivery and performance. For all our contracts concluded with Part II of these Conditions. For mail orders, particularly for purchase via our online shop at www.ktools.eu please note also our instructions and provisions contained in Part I of these terms with references to law Withdrawal in Part I, § 1, and the guidance for the storage and available for inspection in the treaty text in Part I, § 2. I. Special Provisions for the mail-order § 1 Withdrawal for consumers 1.1. The customer has to bear as a consumer, the regular cost of the return within the statutory right of cancellation to. 1.2. Below you will receive the legally required information on the conditions and consequences of withdrawal for consumers and exceptions: Notice of this right of withdrawal for consumers© Withdrawal If you for private purposes, as a consumer to order, you are at the conclusion of the Treaty on your declaration of intent no longer bound if you revoke this time. Exercise of the cancellation The cancellation does not contain any justification and in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods within explained by 2 weeks compared with the entrepreneurs, the deadline it is sufficient to send the revocation or thing. The revocation must be sent to: ksd-systems, Tulpenweg 19a, 83109 Großkarolinenfeld Fax: 08031 - 59653 E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it Over the withdrawal period, the beginning date The course of the withdrawal period begins only when compliance with various statutory requirements through us. For electronic orders on the Internet as part of the entrepreneur have arrangements to aid in the detection of input errors and information on this, and include essential information about contract conclusion and contents, to the contract language and storage of the contract the consumer will be provided (§ 312e Section 1 Satz 1 BGB). In addition, consumers will be essential information about the offer and the contract separately notified in writing (§ 312c Section 2 BGB). A key condition for the start date is the receipt of this notice in writing (eg letter, fax, email) as separately given much designed instruction, with product deliveries will not start the period before the date of receipt of goods by the recipient. Period beginning the first day after the end of the day, was met at the last requirement. Consequences of Withdrawal Restitution In case of an effective cancellation the mutually received benefits and possibly towed uses (eg interest). Paketversandfähige things are back at our risk. Not parcel goods are collected from you at our risk. You have to pay the regular cost of the return or pick-up. Our obligation to reimburse the costs of shipping the goods (the consumer costs of sending in the case of complete cancellation of the order) persists. Obligations to reimburse payments must be fulfilled within 30 days will. The period begins with the dispatch of your revocation or thing, for us at least with their reception. Liability for compensation and notice to avoid They are unable to return the received performance, or wholly or partly or only in deteriorated condition, we are entitled, under certain conditions, demand for compensation. A prerequisite for liability for compensation for a purpose by putting the matter has caused deterioration in the statement of teaching on a possible replacement value of commitment and a way to avoid them, for example, in a separate writing (letter, fax, email) at contract conclusion. With the release of things, the liability for compensation shall not apply if the deterioration of the case solely on the test - as it would have in a shop have been possible for - is. Incidentally, you can avoid the obligation to pay compensation for a purpose by putting the resulting deterioration thing, by not using the goods as an owner and by refraining from anything that could reduce its value. Absence of withdrawal There are statutory exceptions to the right of revocation (§ 312 BGB para 4), where we reserve our appeal to you if the statutory requirements for the current item to the following rules: A cancellation does not exist for contracts to supply goods manufactured according to customer specifications or clearly tailored to personal needs and not for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer. End of Withdrawal § 2 Memory ability and insight into the treaty when delivering orders 2.1. You can use these terms and conditions at any time see www.ktools.eu on our shop page. You can print this document or save it by using the standard functionality of your Internet services program (browser: usually "File" -> "Save As"). You can download this document in PDF form when visiting our site or online by clicking here. To open PDF files you will need the free Adobe Reader (at www.adobe.de) or similar programs, which dominate the PDF format. 2.2. Your actual order will be in fact stored by us, but for security reasons not directly available to us. We offer the customer, however, to set up a password-protected direct access (log in). This can open the client and view data about its past, current and recently dispatched orders as well as manage the address, bank details and a possible newsletter and save. The customer agrees to keep confidential the personal access and to make any unauthorized third parties. 2.3. You will also receive an automatic working days after the order confirmation e-mail containing your order details again and this Agreement and you can save by using the capabilities of your browser. § 3 Contractors, language, contract at delivery orders 3.1. Your contractor is ksd-system, Managing Director: Manfred Kremser, Tulpenweg 19a, 83109 Grosskarolinenfeld. Contracts with us can only conclude at present in German language. 3.2. When shipping orders is a binding contract comes into existence only if we accept the buyer's order by a declaration of acceptance or by delivering the goods. You are bound to your order a maximum of 14 days. The electronic order confirmation does not constitute acceptance of the contract yet, but merely serves to alert the customer of the actual receipt of the order. § 4 Prices, minimum order value 4.1. Valid on orders in our shop at the time the order listed in the offer price. The stated prices are final, meaning that they include the statutory VAT and other price components plus shipping and handling fee as shown in the ordering process. § 5 Payment for orders shipping 5.1. For collecting of costs orders (available at our office in Grosskarolinenfeld during normal business hours), we only offer cash. 5.2. When sending your payment is by cash in advance payment for disposal. 5.3. We reserve the right to dispatch orders and funding solution with a partner to offer, provided the customer's creditworthiness. II. General Provisions § 1 Delivery 1.1. Deliveries are made only within Europe. 1.2. We deliver goods ordered without delay. For more information please refer to the Shipping offers. § 2, Right of retention 2.1. One-off right for you only if your counterclaims are legally established, undisputed or acknowledged by us. 2.2. To exercise a lien, you are only entitled, as your counterclaims based on the same contract. § 3 Warranty, deadlines, complaints, suggestions 3.1. Virgin material supplied by us against consumers, the statutory warranty period of 2 years. The period begins with the delivery of the goods. Warranty claim against the company are limited to the supply of Virgin to a period of one year after delivery. For used goods, we can only against consumers, and only within one year after delivery of the commodity play free warranty. The supply of used goods to entrepreneurs, the warranty is excluded. 3.2. We assume no responsibility for defects and damages resulting from inappropriate and improper use, neglect of proper application instructions, or incorrect treatment. This particularly applies to improper storage, operation of the objects with the wrong type of current or voltage, and the connection to unsuitable power sources unless the buyer proves that these circumstances are not the cause of the alleged defect or if we have control over this. 3.3. Was one of hardware compatibility to software components or hardware or software components themselves can not be guaranteed unless the actual compatibility with other hardware and / or software subject to the contracted condition by taking over the contractual obligation to assembly or installation of components, by information in our offers or on the packaging or by express our commitments. The condition of compatibility can not be expected when several components are combined in one order from you, because it shall not be without a separate contractual arrangement compatibility. 3.4. Entrepreneurs need to HGB, the latest map within a period of 14 days of receipt of the goods. The timely dispatch is sufficient. Otherwise, the assertion of the rights will be excluded. For merchants applies in addition to § 377 HGB. 3.5. From the above rules 3.1. - 3.4. took place restrictions or exclusions of the warranty explicitly excludes the liability based on a lack of compensation claims arising from injury to life, limb or health that result from a breach of duty which we are responsible, as well as claims for other damages resulting from an intentional or grossly negligent of duty by us to follow. For the above-exempt claims, the statutory limitation period is from 2 years to apply. Limitations or exclusions of warranty liability shall not apply in the case of a quality guarantee by us or fraudulently concealed a defect as defined by § 444 BGB. Any manufacturer's warranty is unaffected. Insofar as our liability is excluded or limited, or there are exceptions to this, this also applies to the personal liability of our employees, staff members, legal representatives and agents. 3.6. Within the warranty period, we are in case of defects, which are subject to statutory warranty, for free remedy, that is obligated to repair or replace the supply. Consumers and contractors have the choice whether to take place in the event of a defect, the remedy by lack removal or replacement. We are regulated by law in special circumstances justified the nature of the remedy selected refuse, especially if this is possible only at disproportionate cost and the other type of remedy without significant disadvantages for the party. For contracts with companies the kind of remedy is at our discretion. If we are to remedy the defect or replacement is unwilling or unable or delayed them a reasonable time for reasons, which we are responsible for, or otherwise fails, the defect or replacement delivery, you may at your option, a to require a corresponding reduction in the purchase price or rescind the contract. In Vorligen statutory Vorsaussetzungen may also exist in claims for damages. The withdrawal and damages instead of complete performance are also excluded if the defect in the value or the suitability of the purchased item or works only insignificantly. 3.7. If there is a reversal of the contract, we charge a flat rate benefits from use of 0.1% of product value per day. This will cause both you and we reserve the detection of a lower or higher depreciation or verify that a depreciation does not arise. 3.8. We point out that warranty work can result in data loss. Make sure, therefore, for regular data backup and software through an external medium. Our liability is limited here on the terms described in § 5 of this scale. 3.9. In contracts with traders claim to stand for deficiencies only the immediate purchaser and are not transferable. 3.10. As far as we assist you after the warranty period in the settlement of warranty claims against the manufacturers, this is done explicitly only out of goodwill to the manufacturer's warranty terms, referring to our liability under § 5 of these Terms and Conditions. 3.11. For service inquiries, please contact our customer service, which you can reach the above address. § 4 Software The supply of software please refer to our conditions, the special license and other terms of the manufacturer. If in doubt, you will receive with the purchase of the software just a simple permanent use for his own use. § 5 Other Liability We are liable for any claims, moreover - in particular tort, organizational fault, negligence in signing a contract or any other fault-based claims based on breach of duty - only where the scale of fault or intent or gross negligence of the injury on a breach of contractual obligations ( therefore permitting such obligations, the fulfillment of the proper execution of the contract in the first place and rely on its compliance with the contractor regularly allowed), or claims under § § 1 and 4 of the product liability law. The above disclaimer does not apply to cases of simple negligence for damages from injury to life, limb or health, as well as in the case of a quality guarantee, or fraudulently concealed a defect as defined in § 444 BGB. In these cases, we are also liable for simple negligence . If our liability is stipulated above, this also applies to our employees, employees, representatives and agents. § 6 Retention of title 6.1. Until full payment of the delivered goods remain our property. 6.2. In commercial business remains the sale until the complete fulfillment of all claims from the business relationship, our property. The goods may be sold by the buyer only in the context of the ordinary course of business. We reserve the right to revoke consent to the above resale of the reserved goods supplied and to withdraw in the event of your default in payment of the contract and demand the return of the goods. Receivables from the resale of goods under reservation of ownership are transferred to us to secure our rights. You must notify us in the case of them being written in attachment vorbehaltsbelastete product immediately. We undertake that we release, at your request to the extent that the value of our securities exceeds the secured claim of more than 20%. § 7 Applicable Law, Severability 7.1. All legal transactions or other legal relationships with us, the law of the Federal Republic of Germany. The UN Sales Law (CISG) and any other inter agree, even after their takeover in the German law does not apply. For contracts for a purpose that can not trade or profession of the holder (consumer) are included, this choice of law applies only to the extent that is not the protection provided by mandatory provisions of the laws of the State in which the consumer has his habitual residence, revoked. 7.2. In the commercial transactions with merchants and legal persons of public law as a venue for all disputes arising under the contract, including agreed changes and checks Kerpen. 7.3. Should one or more provisions of these terms and conditions shall be wholly or partially invalid or lose their legal effect later, it will reduce the effectiveness of the business conditions in the rest untouched. |
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