Terms and conditions of business
§ 1 General Information
(1) These Terms and Conditions of Business hold true in respect to present and future business relations of all types between the firm Johannes Auer, Christoph Kaup & Fabian Renn GbR, Von-der-Tann-Str. 3, 69126 Heidelberg („Fielding DSP“) and its customers. By placing an order the customer (“you”) agrees to these Terms and Conditions.
(2) Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated.
§ 2 Rights of Refund (for “consumers”)
(1) THE CUSTOMER HAS THE POSSIBILITY TO RETURN ALL ARTICLES WITHIN 14 DAYS AFTER THE RECEPTION OF DELIVERY BY THE CUSTOMER AND WITHOUT REASON BY RETURNING THE GOODS TO FIELDING DSP IN ORDERLY CONDITION AND EXEMPTED FROM ALL THIRD PARTY CLAIMS. THIS ONLY HOLDS TRUE IF THE CUSTOMER IS A “CONSUMER” IN THE SENSE DEFINED BY § 13 GERMAN CIVIL CODE (BUERGERLICHES GESETZBUCH/BGB). TO MEET THE REVOCATION TIME LIMIT A TIMELY DISPATCH OF A REVOCATION DECLARATION OR THE GOODS IS SUFFICIENT. THE REVOCATION DECLARATION AND/OR THE GOODS ARE TO BE SENT TO:
JOHANNES AUER, CHRISTOPH KAUP & FABIAN RENN GBR, VON-DER-TANN-STR. 3, 69126 HEIDELBERG, DEUTSCHLAND.
THE RIGHTS OF REFUND DO NOT HOLD TRUE FOR GOODS THAT HAVE BEEN MANUFACTURED ACCORDING TO THE ORDER OF THE CUSTOMER, AND FOR SOFTWARE, IF THE DELIVERED MEDIUM HAS BEEN UNSEALED BY THE CUSTOMER. DOWNLOAD PRODUCTS ARE DEEMED TO BE UNSEALED WHEN THE DOWNLOAD IS COMPLETE. FURTHERMORE, THE RIGHTS OF REFUND DO NOT HOLD TRUE FOR SERIAL NUMBERS TO UNLOCK DEMO VERSIONS OF SOFTWARE, ONCE THE SERIAL NUMBER WAS DELIVERED BY E-MAIL OR OTHERWISE.
(2) REVOCATION CONSEQUENCES: IF THE REVOCATION IS VALID, BOTH PARTIES SHALL RETURN THE RECEIVED BENEFITS. IF THE GOODS CANNOT BE RETURNED IN WHOLE OR IN PART OR IF THEY CANNOT BE RETURNED IN ORDERLY CONDITION THE CUSTOMER HAS TO PAY COMPENSATION TO FIELDING DSP.THIS DOWS NOT HOLD TRUE IF THE DEGRADATION IS EXCLUSIVELY CAUSED BY CHECKING THE DELIVERED GOOD, AS IT WOULD HAVE BEEN POSSIBLE IN A RETAIL STORE. IF THE DELIVERED PRODUCT MATCHES THE ORDERED PRODUCT AND THE PRICE FOR THE GOOD TO RETURN DOES NOT EXCEED 40 USD, OR IF THE CUSTOMER HAS NOT YET PAID THE FULL PRICE OF THE PRODUCT, THE CUSTOMER SHALL PAY THE SHIPPING COSTS. OTHERWISE FIELDING DSP SHALL PAY THE SHIPPING COSTS. OBLIGATIONS TO RESTITUTION OF PAYMENTS MUST BE FULFILLED BY THE CUSTOMER WITHIN 30 DAYS AFTER THE DISPATCH OF THE REVOCATION DECLARATION.
IF YOU HAVE ANY FURTHER QUESTIONS TO YOUR RIGHTS OF REFUND DO NOT HESITATE TO CONTACT US.
§ 3 Offers and contract conclusion
(1) The prices and descriptions on our website are no offers and can be altered or withdrawn by Fielding DSP anytime before the final acceptance of your order.
(2) We try to assure that all products on our website are available, but we cannot guarantee this. Should one or more products be unavailable, Fielding DSP reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. We will notify you if this should be the case and refund all payments made by you for this product beforehand. It is then excluded that further legal claims be raised by you against Fielding DSP.
(3) With your order you submit an offer to us to buy products from us according to these terms and conditions. This is no legally binding contract unless we confirm and accept your offer in writing, or if the goods have been delivered and/or an invoice has been delivered or your credit card payment has been accepted. An automatically generated confirmation e-mail of your order is no legally binding acceptance of your order.
§ 4 Your assurances
You assure us of the accuracy and up-to-dateness of all information you provided with your order. You furthermore assure us that the information is sufficient to execute your order.
§ 5 Prices and payment conditions
(1) Our prices do not contain VAT, according to § 19 UStG (German VAT Act).
(2) If there is no explicit and written other agreement, the prices at the time we receive your order are valid. The definitive prices are those in the confirmation of your order.
(3) We reserve the right to alter prices and withdraw discounts anytime before the acceptance of your order in consideration of cost increases. Furthermore we reserve the right to inform you about errors in our prices before delivery. If you proceed with your order after such information, you agree to the corrected price.
(4) The prices are, if not explicitly noted otherwise, in the currency displayed on the website.
(5) Our prices do not include customs and excise duties. The customer bears the full cost of customs duties, VAT, sales taxes, or other duties in connection with the import of goods to European or non-European countries.
(6) Our prices do not include postage or packing. If there are postage or packing costs, they will be enlisted on the website.
(7) Payments have to be executed before delivery and in the way described on the website. Deviant payment methods require prior agreement.
(8) If not stated otherwise in these terms and conditions, payments have to be fully executed independently from claims due to defective products or short delivery.
(9) We reserve the right to check credit card payments before we accept them.
(10) The buyer is only entitled to offset, withhold, abate payments if the counterclaim is recognized by declaratory judgment or undisputed. The customer has the right to withhold payments because of counterclaims from the same contract.
(11) Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price. The default interest rate is 5 percentage points above the standard German interest rate for the period of delinquency. We reserve the right to raise higher legal claims.
§ 6 Interruption and termination of our obligations
If we have reason to think that you are not able to settle your debts at maturity we reserve the right to
(1) ask for advance payment or ask you to pay outstanding debits immediately,
(2) stop all products that are on their way,
(3) refrain from further deliveries,
(4) reject your order.
§ 7 Delivery
(1) Any information concerning delivery dates is not legally binding, unless a definitive date of delivery has been set in writing.
(2) Physical products (e.g. products on data mediums) are delivered to the address you provided with your order. If the order does not contain physical products delivery may be carried out electronically to the e-mail address you provided with your order.
(3) In case of partial shipments, every partial shipment is a separate legal contract. If you are a “businessman, businesswoman or entrepreneur” in the sense defined by § 14 German Civil Code (Buergerliches Gesetzbuch/BGB), you are not entitled to rescind further shipments if one or several shipments are deficient.
(4) Delivery occurs at the customer’s own risk. The risk automatically transfers to the customer as soon as the goods have been entrusted to a transportation company by Fielding DSP. Should you be a “consumer”, the danger of accidental perishability or the accidental ruination of the purchased goods – even in the event of a “sale to destination” – first becomes the legal responsibility of the customer after the goods have been delivered. The same holds in respect to the delivery, should the customer receive the goods belatedly.
§ 8 Obligation to examine and notify
(1) A “consumer” shall be obliged to examine the goods for any visible non-conformity in terms of quantity and quality within a reasonable period of time. Detectible transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery. Any notice shall be considered submitted in due course if it is received by the supplier within a period of two weeks from the receipt of goods or, in the case of hidden defects, from the detection of such defects.
(2) A “businessman, businesswoman or entrepreneur” shall be obliged to examine the goods for any visible non-conformity in terms of quantity and quality within a reasonable period of time. Detectible transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery. Any notice shall be considered submitted in due course if it is received by the supplier within a period of five business days from the receipt of goods or, in the case of hidden defects, from the detection of such defects.
§ 9 Software
Should a product delivered by Fielding DSP be or contain Software, this product is licensed according to the license agreement delivered with the product.
§ 10 Liability
(1) Fielding DSP is liable for damages arising from other causes than the detriment to life, body, and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Fielding DSP. Liability for compensation claims above and beyond this are excluded. The legal stipulations of German product liability have no application in such cases. The liability of Fielding DSP is limited to foreseeable damages alone, should a fundamental contractual obligation indeed be violate in a negligent manner.
(2) The customer is obliged to undertake all actions that are necessary and that can be expected from the customer to prevent and to lower damages. Non-fulfillment of this obligation shall be deemed to be contributory negligence.
(3) As far as liability is limited for Fielding DSP, it shall also be limited for Fielding DSP’s employees, representatives and servants.
§ 11 Reservation of ownership
(1) The delivered goods remain the legal property of Fielding DSP until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen. If the customer is a “consumer”, Fielding DSP reserves its right of property until the full remittance of the purchase price.
(2) The customer is not authorized to tender the goods to third parties or to take any other measures which would endanger the property of Fielding DSP until the purchase price has been paid in full. The customer has, already now, relinquished his or her future claims in deference to the acquiring party at the amount of the purchase price negotiated between Fielding DSP and the customer, including interest and any subsidiary demands to be brought against Fielding DSP. Fielding DSP accepts this relinquishments of rights.
(3) If the customer does not fulfill his contractual obligations, Fielding DSP reserves the right to withdraw from the contract and to reclaim its property.
§ 12 Defects and warranties
(1) A product is defective if it does not meet the quality or quantity described on the website, or if infringes intellectual property rights or other rights of a third party.
(2) Should a defect occur, the customer has to grant Fielding DSP an appropriate period of time for rectification. In this case, Fielding DSP can rectify the defective product or replace it with a new product.
(3) If rectification does not correct the defect, you may exercise your statutory warranty rights as stated below:
(3).1 Price reduction is excluded.
(3).2 Your right of withdrawal is limited to the particular order.
(3).3 Before you exercise your right of withdrawal you have to grant Fielding DSP another period of time for rectification. (3).4 Easement terminates with exertion of your right of withdrawal. Should the product be software you shall delete it immediately from all devices, files, and storage mediums. Furthermore you shall send to Fielding DSP a written declaration that you undertook those actions.
(3).5 If you are a “customer”, the warranty period extends to 24 month for new articles. The period begins subsequent to the passage of risk in accordance with German Law. If you are a “businessman, businesswoman or entrepreneur”, the warranty period extends to 12 month following the passage of risk.
(3).6 The rights above do not hold true if:
(3).6.1 the products were repaired or altered by a third party that is not authorized by Fielding DSP
(3).6.2 defects or other damages are due to faulty or inappropriate handling
(3).7 If you think you are entitled to rescission of the contract, please contact us. We will check your case immediately.
§ 13 Tollage, Export
(1) You are obliged to get approval or be licensed by authority at your own expense, should this be required for purchase, transport, or use of any product sold under these terms and conditions. Non-fulfillment of this obligation does not entitle you to withhold or delay payment. You have to bear any expenses incurred by non-fulfillment of this obligation.
(2) You are obliged to obey any export laws or regulations that hold for purchase or use of products sold under these terms and conditions. You shall not undertake anything to violate these laws.
(3) Should any product sold under these terms and conditions be subject to tollage, import duties or taxes, you are obliged to bear these expenses.
§ 14 Communication
All communication associated with our contract can be delivered personally, by mail, by fax or by e-mail to the current address one party has of the other party.
§ 15 Privacy
For detailed information please read our privacy statement.
§ 16 Final clauses
(1) Your rights under these terms and conditions are untransferable to third parties.
(2) These terms and conditions replace all explicit or implicit parol or written contracts or agreements. We reserve the right to alter these terms and conditions without prior notice.
(3) If one party hesitates to enforce or sets aside his or her rights under these terms and conditions, these rights will remain unaffected.
(4) Waiving on one or several parts of these terms and conditions requires a written statement that is signed by a Fielding DSP representative. Waiving of prosecution of an infringement to these terms and conditions may not be seen as a waiver for prosecution of future infringements .
§ 17 Place of execution, place of jurisdiction, severability clause
(1) Legal jurisdiction is exercised by the Federal Republic of Germany exclusively.
(2) The place of execution for all services and products negotiated in business transactions with Fielding DSP is Heidelberg, Federal Republic of Germany, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector. The exclusive place of jusrisdiction for any legal proceeedings against Fielding DSP is Heidelberg, Federal Republic of Germany. The same holds true for legal action taken by Fielding DSP against its customers, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
(3) Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.