TERMS & CONDITIONS
CyberPower Systems GmbH
Registered office: Edisonstr. 16. 85716 Unterschleissheim,
THE GENERAL TERMS AND CONDITIONS ARE AS FOLLOWS:
- All offers are commercial. You will receive an invoice including value added tax. All prices quoted are retail prices in Euro and include current German value added tax, if not otherwise note differently.
- We reserve the ownership of the purchased item until receipt of all payments from the purchase contract.
- The payment methods, shipping methods and delivery times are specified in the offers.
- The statutory provisions governing warranty claims apply. An assignment of warranty claims by the first purchaser to third parties is excluded.
- If the buyer is an corporation, our place of business is the place of performance and place of jurisdiction.
- All displayed foreign and own logos, pictures and graphics, are property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, layouts, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or otherwise used without our consent.
- For deliveries to non-EU countries additional duties, taxes and fees apply. For more information on customs duties you need check the local restrictions.
- The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking on the button "Send order" you place a binding order of the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order automatically. We can accept your order by sending a further order confirmation in which we confirm acceptance by e-mail or by delivery of the goods and receipt by the customer within five days of order.
- You have to bear the regular costs of the return, if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if you have not paid the higher price of the item at the time of cancellation or a contractually agreed partial payment. Otherwise, the return is free for you.
RIGHT OF CANCELLATION
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the case before the deadline - by returning the goods. The period begins on receipt of this instruction in text form, but not before receipt of the goods by the consignee (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations under Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations pursuant to § 312e para. 1 sentence 1 BGB and in conjunction with Article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient. The revocation must be sent to:
CyberPower Systems GmbH
CONSEQUENCES OF WITHDRAWAL
In the case of an effective cancellation, the services received on both sides must be returned and, if applicable, any benefits derived (eg interest) must be surrendered. If you cannot give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value. With the release of things this does not apply if the deterioration of the thing solely on their examination - as it would have been possible for you in the store - is due. Incidentally, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as your own property and refraining from doing anything that impairs its value.
Transportable items are to be returned at our risk. You have to bear the cost of the return, if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if you have a higher price of the item at the time of the cancellation nor the consideration or a contract agreed partial payment. Otherwise, the return is free for you. Non-parcels are picked up at your place. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.
End of revocation
GENERAL TERMS AND CONDITIONS FOR ENTREPRENEURS1. Validity of the Terms and Conditions
Our terms and conditions apply exclusively. Conflicting or differing from our terms and conditions of the customer, we do not accept, unless we have expressly agreed in writing their validity. Our terms and conditions shall apply even if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer.
Our terms and conditions apply only to corporations in conjunction to § 310 para. 1 BGB.2. Offer
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
We reserve the right of ownership and copyrights to illustrations, drawings, calculations and other documents. This also applies to written documents that we call confidential. Such documents may only be disclosed to third parties with our express written consent.
Our sales employees are not authorized to make verbal collateral agreements or verbal assurances that go beyond the content of the written contract.3. Prices and Terms of Payment
Unless otherwise stated in our order confirmation, our prices are ex works. Packaging costs are to be added. These will be invoiced separately.
The statutory value added tax is not included in our prices, unless it is explicitly referred to gross prices. The statutory value added tax will be shown separately in the statutory amount on the date of invoicing.
Deduction of discount requires special written agreement.
The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or acknowledged by us. Furthermore, he is entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
In case of late payment the legal regulations apply.
If we become aware of circumstances that call into question the creditworthiness of the customer, in particular if a check is not honoured or the customer ceases to pay, we are entitled to call in the entire remaining debt, even if we have accepted checks. We are also entitled to demand advance payment or security deposit.4. Delivery Time
The beginning of the delivery time specified by us requires the clarification of all technical questions.
Compliance with our delivery obligation further requires our timely and orderly fulfilment of the obligation. The exception of the unfulfilled contract remains reserved.
If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for any damage incurred, including any additional expenses. Further claims are reserved.
Insofar as the requirements of no. 4 para. (3) are met, the risk of accidental loss or accidental deterioration of the purchased item passes to us at the time when the latter is in default of acceptance or payment.
We are liable according to the legal provisions, as far as the underlying sales contract is a fixed transaction in the sense of § 286 Abs. 2 Nr. 4 BGB or of § 376 HGB. We shall also be liable in accordance with the statutory provisions, provided that as a result of a delay in delivery for which we are responsible, the customer is entitled to claim that his interest in the further performance of the contract has ceased to exist.
Furthermore, we are liable according to the legal provisions, if the delay in delivery is based on an intentional or grossly negligent breach of contract for which we are responsible; A fault of our representatives or vicarious agents is attributable to us. If the delivery contract is not based on an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.
We are also liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is based on the culpable breach of a material contractual obligation; In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage. In addition, we are liable in the event of default in delivery for each completed week of delay in the context of a flat-rate compensation for default in the amount of 3% of the delivery value, but not more than 15% of the delivery value.
Further legal claims and rights of the customer remain reserved.5. Transfer of Risk
The transfer of risk is governed by the legal conditions.
If the customer wishes, we will cover the delivery with a transport insurance. The costs incurred in this respect shall be borne by the customer.6. Rights of the Customer due to Defects
Warranty claims of the customer presuppose that he has duly fulfilled his obligations under Section 377 HGB to inspect and notify.
Insofar as there is a defect in the purchased item, the customer is entitled to choose between subsequent performance in the form of a remedy of defects or delivery of a new defect-free item. In the case of removal of defects, we are obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs, unless these increase as a result of the goods being transported to a place other than the place of performance.
If the supplementary performance fails, the customer is entitled to demand rescission or reduction at his discretion.
We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Unless we are charged with intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
We are liable according to the legal provisions, if we culpably violate an essential contractual obligation; In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
Insofar as the customer is entitled to compensation for the damage instead of the service, our liability is also limited within the scope of No. 6 para. (3) to compensation for foreseeable, typically occurring damage.
Liability for culpable injury to life, body or health remains unaffected; this also applies to the mandatory liability under the Product Liability Act.
Unless otherwise stipulated above, liability is excluded.
The limitation period for claims for defects is 12 months, calculated from the transfer of risk.
The period of limitation in case of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years, calculated from the delivery of the defective item.7. Total Liability
Further liability for damages as provided for in No. 6 is excluded, regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence on conclusion of the contract, due to other breaches of duty or due to tort claims for compensation for property damage in accordance with § 823 BGB.
Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.8. Retention of Title
We reserve ownership of the purchased item until receipt of all payments from the delivery contract. In case of breach of contract by the customer, in particular in case of default of payment, we are entitled to take back the purchased item. The taking back of the purchased item by us is not a withdrawal from the contract, unless we have expressly stated in writing. In the garnishment of the purchased item by us is always a withdrawal from the contract. After the goods have been taken back, we are entitled to use them, the proceeds of the realization are to be credited against the customer's liabilities, less reasonable exploitation costs.
The customer is obliged to handle the purchased goods with care; in particular, he is obliged to insure these at his own expense against damage caused by fire, water and theft to a new value. If maintenance and inspection work is required, the customer must carry it out on time at its own expense.
In the event of seizure or other interference by third parties, the customer must notify us immediately in writing, so that we can file an action in accordance with § 771 ZPO. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a claim in accordance with § 771 ZPO, the customer is liable for the loss incurred by us.
The customer is entitled to resell the purchased item in the ordinary course of business; however, it hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim arising from the resale against its customers or third parties, irrespective of whether the purchased goods were resold without or after processing , To collect this claim, the customer remains authorized even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not default and in particular no application for bankruptcy or settlement or insolvency proceedings is filed or cessation of payments. But if this is the case, we can demand that the customer notify us of the assigned claims and their debtors, provide all information necessary for collection, hand over the associated documents and notify the debtors (third parties) of the assignment.
The processing or transformation of the purchased item by the customer is always made for us. If the purchased item is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. Incidentally, the same applies to the goods resulting from processing as for the purchased goods delivered under reserve.
If the purchased item is inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion of the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, then it is agreed that the customer assigns proportional co-ownership to us. The customer keeps the resulting sole ownership or co-ownership for us.
The customer also assigns to us the claims to secure our claims against him, which accrue by the connection of the purchased object with a piece of land against a third party.
We undertake to release the securities to which we are entitled at the request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is our responsibility.9. Design Changes
We reserve the right to make future design changes to products. However, we are not obliged to make such changes to products already delivered.10. Commercial Rights
We will indemnify the customer for claims for infringement of copyright, trademarks or patents in accordance with the statutory provisions. The indemnity obligation is limited in amount to the foreseeable damage.
An additional condition for the exemption is that the conduct of litigation is left to us, and that the alleged infringement is attributable exclusively to our products without connection or use with other products.
We may elect to exempt ourselves from the obligations set out in the preceding paragraph by either obtaining the required licenses for the allegedly infringed commercial rights or by providing the customer with a modified product which, in the event of replacement, will be used against the infringing product or whose part eliminates the infringement charge regarding the delivery item.11. Secrecy
Unless expressly agreed otherwise in writing, the information provided to us in connection with orders shall be considered non-confidential.12. Applicable Law, Place of Jurisdiction, Place of Performance, Partial Nullity
For our general terms and conditions and the entire legal relationship between us and the customer, the law of the Federal Republic of Germany. The provisions of the UN Sales Convention do not apply.
Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, we are entitled to sue the customer at his place of residence.
Unless otherwise stated in the order confirmation, our place of business is the place of performance.
Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.
We save the contract text and send you the order data and our terms and conditions by e-mail. The terms and conditions can be viewed at any time here. Your past orders can be viewed in our customer login area.
INFORMATION ABOUT THE BATTERY REGULATION
Used batteries do not belong in the household waste. Since 1998, the Battery Ordinance obligates all citizens to dispose of batteries and rechargeable batteries exclusively through the trade or the specially set up collection points (statutory return obligation). Trade and manufacturers are obliged to take back these batteries and to use them properly or to dispose of them as hazardous waste (statutory take-back obligation). You can return batteries or rechargeable batteries to us or return them to our address. Explanation of symbols:
Pb = battery / battery contains lead
Cd = battery / battery contains cadmium
Hg = battery / rechargeable battery contains mercury
@January 2019, CyberPower Systems GmbH
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