General Terms and Conditions of Uli Ludwig Computer for commercial agreements with consumers
§ 1 Scope of application
(1) The General Terms and Conditions hereinafter form the basis of sales contracts for IT hardware and software by Uli Ludwig Computer, proprietor: Uli Ludwig, Loreleistr. 20, 65929 Frankfurt am Main, Tel.: +49 (0) 69 300 38163 / +49 (0) 163 5539055, Fax: +49 (0) 69 300 67831, Tax ID No.: DE220747290 (hereinafter, "Uli Ludwig") in the context of commerce with consumers (hereinafter: "Customers").
(2) A consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed to his/her professional activities or self-employed business.
§ 2 Conclusion of the Contract
(1) Pictures in this online shop, other websites, brochures, newsletters, price lists and other merchandise presentation do not constitute a legally binding offer, unless the specific circumstances suggest otherwise. If the Customer wishes to buy a product, s/he can submit a binding offer to enter into a sales contract by virtue of placing an order (in writing, by telephone, orally, by email or via our online shop). It is possible to select a product in our online shop by clicking the button [Add to Basket] and then clicking on the [Proceed to checkout] button. After providing an invoice and delivery address and selecting the type of shipping and payment required, at the end of the order process under "Summary", the Customer can check all the data provided and, if necessary, click on [Edit] to make amendments. By clicking the [Buy] button, a legally binding offer is made.
(2) The order and order data provided will be stored in a personal customer account, insofar as the Customer registers as a customer before or after ordering. The Customer inputs login data on registering and can then use these data to access his/her Customer account at any time and can print out orders with all data input. Furthermore, the order can be printed out directly after it is made on the confirmation page that follows.
(3) After sending the order, the order confirmation sent out automatically merely confirms that the Customer's offer has been received by Uli Ludwig; this does not represent acceptance of the Customer's offer.
(4) Uli Ludwig can accept the Customer's offer by sending an acceptance of order in written form, i.e. in written characters suitable for permanent reproduction, or by delivering the goods within 3 days of receipt of the offer.
§ 3 Subject of the Contract
(1) The subject of the contract is the delivery of hardware ordered together with corresponding standard software. Insofar as used hardware is the subject of the contract, the general useful life of such an object of sale, should, if possible, already have outrun.
(2) Insofar as the object of sale contains software, Uli Ludwig will transfer to the Customer a simple, non-exclusive right of use of the said software to the extent that Uli Ludwig possesses a right of use.
§ 4 Prices, default interest and default damages
(1) Prices in the offer are gross inclusive of sales tax plus any shipping costs.
(2) Payment types accepted are Paypal, cash payment upon collection or advance transfer.
(3) Where the Customer is in default of payment, interest will be charged on the purchase price at 5 per cent above the base rate during the period of default. Uli Ludwig reserves the right to prove higher damages caused by the default and to assert a claim for the same.
(4) Where payment is made by PayPal or direct transfer, the Customer must bear any costs incurred by reversing a payment transaction due to lack of funds or due to false bank account details.
§ 5 Conditions of delivery, partial deliveries, self-supply
(1) Unless otherwise specified, the delivery period is approximately 3-5 days from conclusion of the contract.
(2) Partial deliveries are permitted, provided that they are reasonable for the Customer and provided that they do not constitute final fulfilment of our contractual obligations. The provisions of § 434 para.3 alternative 2 German Civil Code ("BGB") remain unaffected.
(3) If the product ordered is unavailable because Uli Ludwig has not received it from his supplier through no fault of his own and in spite of prior conclusion of a corresponding supply agreement, he may withdraw from the contract. In this case, the Customer will be informed immediately and, where appropriate, an equivalent product will be recommended to him for delivery. If no equivalent product is available or the Customer does not want an equivalent product to be delivered, Uli Ludwig will reimburse any payments already made without delay.
(4) Where delivery periods are not complied with as a result of force majeure, e.g. mobilization, war, civil unrest, or similar events that do not fall within Uli Ludwig's scope of responsibility, e.g. strike, lock-out, the delivery period will be extended for the duration of the events or their effects.
§ 6 Set-off, right of retention, assignment
(1) The Customer shall only be entitled to set-off where its counter-claims are legally established, ready for decision, not in dispute or accepted by Uli Ludwig.
(2)In the cases referred to above, the Customer is only entitled to exercise a right of retention where his/her counterclaim arises from the same contractual relationship.
(3) Assignment of a claim by the Customer against Uli Ludwig shall only be legally effective with the consent or approval of the latter.
§ 7 Delivery
As a general principle, delivery is agreed to apply ex dispatch warehouse, insofar as the confirmation of order does not state otherwise, in particular, where Uli Ludwig has not undertaken to install or assemble products at the Customer's site.
§ 8 Right to cancel, costs of return in the event of cancellation
1) Where the contract between the Customer as Consumer and Uli Ludwig is concluded exclusively by telecommunication means, the Customer has the right to cancel.
2) Where the Customer exercises the right to cancel, s/he must bear the regular cost of return under the following provisions:
a) the price of the good/s to be returned is not more than 40 euros;
b) if the amount at a) is more than 40 euros but the Customer has not provided payment or part-payment on the date of cancellation.
The Customer is, however, only obliged to return the good/s and bear the costs of return if the relevant good/s can be dispatched in a packet. Furthermore, the obligation to bear the costs does not apply where the good/s delivered do not correspond to those ordered.
3) The right to cancel does not exist in respect of distance selling contracts for delivery of goods that have been manufactured in accordance with customer specifications or tailored to personal requirements or where the relevant goods are not suitable for return due to their nature or may perish quickly or pass their sell-by date, in respect of delivery of audio or video recordings or software, insofar as the data carrier delivered has been unsealed by the user or in respect of contracts for delivery of goods which are not suitable for return on the basis of their essential characteristics (e.g. eBooks, software downloads, electronic product downloads).
(4) Where the Customer cancels the whole order, s/he will be reimbursed the return costs in full. By cancelling part of an order, the return costs will only be reimbursed at a flat rate where return costs are actually incurred for the cancelled goods.
§ 9 Warranty for defects, liability
(1) Provided that the object of delivery is a new item, the limitation period for claims for defects, for whatever legal reason, is three years. The limitation period for claims for defects in relation to used goods purchased is three years. The limitation of liability under paragraph 2 does not apply in the case of injury to life, limb or health, in cases of wilful intent or breach of obligations constituting gross negligence caused by us, our representatives or agents, where longer periods are mandatory by law.
The limitation period begins upon delivery of the products.
(2) Claims by the Customer for damages are excluded. Exceptions to this provision are claims for damages by the Customer arising from injury to life, limb or health, and liability for other damages resulting from wilful intent or breach of obligations constituting gross negligence by Uli Ludwig, his representatives or agents. Furthermore, Uli Ludwig remains liable for culpable breach of fundamental contractual duties, that is, duties whose fulfilment mainly facilitates proper performance of the contract and on the fulfilment of which the Customer regularly relies. In cases of breach of contractual duties constituting slight negligence, Uli Ludwig shall be liable only for foreseeable damages typical for the type of contract unless the claim for damages by the Customer is based on injury to life, limb or health.
(3) The regulations in the above paragraph 2 apply to all claims for damages (in particular, for damages in addition to performance and damages instead of performance), for whatever legal reason, in particular as a result of defects, breach of obligations under the contract or liability in tort. They also apply for claims for damages for expenses incurred to no avail.
(4) Paragraphs 3 and 4 also apply for the benefit of Uli Ludwig's legal representatives and agents, where claims are brought directly against these representatives and agents.
(5) The provisions of product liability law remain unaffected.
(6) The preceding provisions shall not lead to a change to the burden of proof to the detriment of the Customer.
§ 10 Retention of title
(1) Pending full payment of all outstanding claims under the sales agreement, the delivered goods remain the property of Uli Ludwig. Whilst this reservation to title exists, the Customer may neither resell nor dispose of the goods.
(2) Whilst the goods are subject to reservation of title, the Customer is prohibited from pledging or transferring the said goods as securities. Where the Customer acts in a manner contrary to its contractual obligations, in particular, where it is in default of payment, Uli Ludwig is entitled to take back the product after an appropriate period. Where Uli Ludwig seizes or takes back the product, the Contract will be deemed withdrawn. Upon Uli Ludwig taking back the goods subject to reservation of title, he is entitled to dispose of them; any revenue obtained from the sale shall be set off against the Customer's debts - less appropriate disposal costs.
(3) In the event of seizure or other action by third parties in relation to the goods subject to reservation of title, the Customer undertakes to notify Uli Ludwig immediately in writing so that he can bring proceedings in accordance with § 771 German Code of Civil Procedure ("ZPO").
§ 11 Contractual language, place of performance, place of jurisdiction, applicable law
(1) The contractual language is German.
(2) The place of performance for all services is Frankfurt am Main. This does not apply where Uli has made a contractual agreement to assemble/install products at the Customer's site.
(3) Insofar as the Customer has no residence in the Federal Republic of Germany at the date of order, or moves his/her residence abroad after conclusion of the contract, or his/her residence is unknown on the date that a claim is filed, the exclusive place of jurisdiction for all disputes arising from or in connection with this contractual agreement shall be Frankfurt am Main.
(3) For all claims under the present Contract, German law shall apply exclusively and UN Sales Law (CISG) is excluded.
(4) The invalidity of one or more provisions shall not affect the validity of the remaining provisions.
Status: May 2017