General Terms and Conditions of Help Tech GmbH (in short: Help Tech) for all deliveries and services to consumers (§ 13 BGB) in non-commercial transactions
§ 1 Scope of application
These General Terms and Conditions shall apply to all deliveries and services of Help Tech to customers who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
§ 2 Offer and conclusion of contract
(1) All offers of Help Tech for the conclusion of a contract for delivery or service are made on the basis of these terms and conditions. With the acceptance of the offer of Help Tech the customer accepts these general terms and conditions, even in so far as they are in contradiction with his terms and conditions in whole or in part.
(2) The offers of Help Tech are without engagement, unless a binding intention of Help Tech results explicitly from the written offer itself. All orders of the customer, with which Help Tech is to be determined to deliver and perform without its prior written offer, will be executed exclusively according to the following general terms and conditions.
(3) The order placed by the customer is a binding offer. Help Tech can accept this offer within two weeks by sending an order confirmation or by sending the ordered goods within this period. If the legal transaction with the customer is a distance contract, the customer already receives with the confirmation letter, which reflects the content of the order and does not represent an order confirmation, a revocation and return instruction, which corresponds to the content requirements of the respectively valid BGB information obligation regulation.
Should Help Tech find out after the conclusion of the contract that the ordered goods are no longer available or cannot be delivered for legal reasons, the customer will be informed immediately. If in such a case the customer does not agree with the delivery of goods of equal quality and price, Help Tech reserves the right to withdraw from the contract. Already received payments will be refunded by Help Tech to the customer immediately after the declaration of withdrawal from the contract. Further claims of the customer remain unaffected.
(4) Help Tech is entitled to withdraw from the contract if a substantial deterioration of the financial circumstances has occurred on the part of the customer, bankruptcy or composition petition has been filed or the customer is in default with the payment of a claim.
§ 3 Prices and payment
(1) Payment of the purchase price shall be made exclusively to the account listed in the order confirmation or in the invoice. The deduction of a discount is only permissible with a special written agreement. Only the payment methods displayed to the customer during the order process shall be accepted.
(2) Unless otherwise agreed, the purchase price for goods is payable within 14 days of the invoice date. Repair, service and work performances are due for payment when the service is rendered. Transfer fees and bank charges, in particular also in international payment transactions, shall be borne by the customer. Invoices are to be paid exclusively in the European currency unit (Euro).
(3) Interest on arrears shall be charged at a rate of 5 percentage points above the respective base interest rate according to § 247 BGB p.a.. Help Tech reserves the right to claim a higher damage caused by default. In case Help Tech claims a higher damage caused by default, the customer has the possibility to prove to Help Tech that the claimed damage caused by default did not occur at all or at least in a considerably lower amount.
§ 4 Offsetting and rights of retention
The customer shall only have the right to offset if his counterclaims have been legally established or are undisputed. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 5 Delivery time
(1) The beginning of the delivery time indicated by Help Tech presupposes the timely and proper fulfilment of the obligations of the customer. The defence of non-performance of the contract remains reserved.
(2) If the customer is in default of acceptance or culpably violates other obligations to cooperate, Help Tech is entitled to claim compensation for the damage caused thereby, including any additional expenses. Help Tech reserves the right to further claims. The buyer on his part reserves the right to prove that a damage in the demanded amount has not arisen at all or at least considerably lower. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
(3) Operational disturbances, for which Help Tech is not responsible, release from the observance of agreed delivery periods. They entitle to a partial or complete withdrawal. Claims for damages are excluded.
(4) Further legal claims and rights of the buyer due to a delay in delivery remain unaffected.
§ 6 Retention of title
(1) Help Tech retains ownership of the delivered item until full payment of all claims arising from the delivery contract.
(2) As long as the title has not passed to the buyer, the buyer is obliged to treat the purchased goods with care. If maintenance and inspection work has to be carried out, the customer shall carry this out in good time at his own expense. As long as the property has not yet passed to him, the customer has to inform Help Tech immediately in writing if the delivered object is seized or exposed to other interventions of third parties. As far as the third party is not able to reimburse Help Tech for the judicial and extrajudicial costs of an action according to § 771 ZPO (German Code of Civil Procedure), the buyer is liable for the loss incurred by Help Tech.
In case of a sustained breach of contract, in particular in case of default of payment, Help Tech is entitled to take back the object of purchase. The customer is obliged to return the goods. The taking back of the object of purchase does not constitute a withdrawal from the contract. Unless Help Tech has expressly declared the withdrawal in writing.
(3) The processing or transformation of the object of purchase by the customer is always carried out in the name of and on behalf of Help Tech. In this case the expectant right of the buyer to the object of sale continues to exist in the transformed object. If the object of sale is processed with other objects not belonging to Help Tech, Help Tech acquires co-ownership of the new object in proportion of the objective value of the object of sale of Help Tech to the other processed objects at the time of processing. The same applies in case of mixing. If the mixing takes place in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers co-ownership to Help Tech on a pro rata basis and keeps the sole ownership or co-ownership thus created for Help Tech.
(4) Help Tech undertakes to release the securities to which it is entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20 %.
§ 7 Warranty and notice of defects
(1) The buyer has to notify Help Tech in writing of obvious defects within 4 weeks after delivery of the subject matter of the contract.
(2) The buyer has first the choice whether the supplementary performance shall be effected by repair or by replacement delivery. Help Tech is, however, entitled to refuse the type of subsequent performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance remains without considerable disadvantages for the customer. During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the customer shall be excluded. A remedy shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If the supplementary performance has failed or if Help Tech has refused the supplementary performance altogether, the customer can demand a reduction of the purchase price (abatement) or declare the rescission of the contract at his choice. The withdrawal is excluded if the defect is insignificant.
(3) The buyer can only assert claims for damages on the following conditions because of the defect if the supplementary performance has failed or Help Tech has refused the supplementary performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
(4) Help Tech is liable for damages caused by negligence, as far as this negligence concerns the violation of such contractual obligations, the observance of which is of special importance for the achievement of the purpose of the contract (cardinal obligations). However, Help Tech is only liable as far as the damages are typically connected with the contract and foreseeable. Help Tech is not liable for simple negligent breaches of secondary obligations which are not essential to the contract. The limitations of liability contained in sentences 1 to 3 shall also apply as far as the liability for the legal representatives, executive employees and other vicarious agents is concerned.
(5) Any further liability is excluded regardless of the legal nature of the asserted claim. As far as the liability of Help Tech is excluded or limited, this also applies to the personal liability of the employees, workers, staff, representatives and vicarious agents of Help Tech.
(6) The warranty period for new goods and new devices is 2 years, calculated from the date of receipt of the delivery or installation. The warranty period for used goods and devices is 1 year and starts with the receipt of the goods by the customer. § Section 478 BGB remains unaffected. These periods shall also apply to claims for compensation for consequential harm caused by a defect, insofar as no claims in tort are asserted.
(7) There shall be no claim under warranty if the purchaser or unauthorised third parties interfere with the device. Damage caused by improper handling, operation, storage or other external influences as well as by force majeure shall not be covered by the warranty. Furthermore, the consumption of consumables, such as printer cartridges and rechargeable batteries.
If a service technician of Help Tech remedies recognised defects covered by warranty, no additional costs will be charged. Freight and shipping costs for the cheapest return shipment within the Federal Republic of Germany will be borne by Help Tech.
§ 8 Other
(1) This agreement and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer, the applicable statutory provisions and rights in favour of the consumer under the law of the customer's country of residence shall remain unaffected by this agreement.
(2) Should individual provisions of this agreement be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
(3) The headings chosen are for convenience only and have no substantive meaning.
Help Tech GmbH
72160 Horb - Nordstetten
Register of Associations: HRB 440471
Registration court: Amtsgericht Stuttgart
Sales tax identification number: DE 213 128 795
Managing Director: Dipl.-Ing. Siegfried Kipke, Marc Züfle