Terms and Conditions

Terms and conditions
 

1 Scope

(1)   The following terms and conditions apply to all orders, purchases and business relationships that a consumer or entrepreneur concludes with Schleicher Graviertechnik, David Schleicher, Karlstraße 7, 96450 Coburg (hereinafter “seller”, “supplier” or “we”). The inclusion of the consumer's / entrepreneur's own conditions is hereby contradicted.

(2)   A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.

2 Conclusion of contract

(1)   The subject of the contract is the sale of goods and / or the sale of usage rights to software.

(2)   By placing the respective product on our online shop, we are already submitting a binding offer to conclude a contract. Associated conditions are specified in the item description.

(3) The contract for the online shopping cart system is concluded as follows:

  1. Selection of the desired goods

  2. Store the goods in the shopping cart by clicking the "Add to shopping cart" button

  3. The shopping cart can be called up using the appropriate buttons in the navigation bar. Changes can be made there at any time.

  4. Clicking on the “Checkout” button takes you to the “Complete order” form. The form always receives an order overview of the current shopping cart.

  5. The first step in this form is to enter all customer details (email address, name, telephone number, address). In addition, available payment options are displayed and selected or filled out by the consumer / entrepreneur.

  6. After clicking the "Next" button, if you have selected an instant payment system, you will be redirected to the respective platform of the payment service provider (e.g. PayPal, Sofort)

  7. Appropriate selections are made or data entered on the payment service provider's platform.

  8. You will then be directed back to the order overview page in our online shop.

  9. Before submitting the order, you have the option of checking all the details again, changing them or canceling the purchase (e.g. using the "Back" function in your Internet browser)

  10. Before submitting the order, the terms and conditions, cancellation policy and data protection declaration must be accepted.

  11. By submitting the order using the "order for a fee" button, you are declaring your legally binding acceptance of the offer, whereby the contract is concluded.

 

(4)  For products outside of the online shopping cart system, your request to create an offer is non-binding for you. For this purpose, we will make you a non-binding offer in text form (e.g. by email), which you can accept within the validity of the offer. A contract is concluded when the supplier confirms the order in writing.

(5)  The processing of the order, the establishment of contact and the transmission of all information required in connection with the conclusion of the contract are usually carried out by email. The consumer / entrepreneur must therefore ensure that the email address he has stored is correct and that the receipt of the emails is technically ensured. This also applies in particular to the use of SPAM filtering.

3 Prices and terms of payment

(1)   Unless otherwise stated in the seller's product description / offer / order confirmation, the prices shown are final prices including statutory sales tax. There are also shipping costs, which depend on the type of shipping and the size and weight of the goods you have ordered. These shipping costs are specified separately in the respective product description / offer / order confirmation.

(2)   Subsequent additional or special services that are not listed in the offer or the order confirmation will be charged separately.

(3)   The payment options / conditions are communicated to the consumer / entrepreneur in the online shop, in the offer or in the seller's order confirmation.

(4)   If the option of payment in advance by bank transfer has been agreed when ordering the consumer / entrepreneur, payment is due immediately after the conclusion of the contract.

(5)   If the consumer / entrepreneur orders one of the payment methods offered by PayPal, the payment is processed by the service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") . The terms of use of PayPal apply. These are below depending on the type of paymenthttps://www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.paypal.com/de/webapps/mpp/ua/privacywax-full to see.

(6)   In the case of deliveries, orders or payments from / to countries outside the European Union, additional costs may arise for which the seller is not responsible. These are then to be borne by the consumer / entrepreneur. These include, for example, costs for money transfer by credit institutions (transfer fees and exchange rate fees) or import duties or taxes (customs duties)

4 Late payment

(1)   If you are in default of payment, Schleicher Graviertechnik is entitled to charge default interest of 5 percentage points above the base rate announced by the Deutsche Bundesbank for the time of the order. If Schleicher Graviertechnik has demonstrably incurred higher damage caused by delay, Schleicher Graviertechnik is entitled to assert this.

5 Right of retention

(1)   The consumer / entrepreneur is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

6 Delivery, delivery time, delivery delay

(1)   The delivery takes place to the delivery address given by the consumer / entrepreneur. Software products are delivered as an instant download or as a download via a link in the order or order confirmation.

(2)   Delivery and service delays due to force majeure and due to extraordinary and unforeseeable events, which we cannot prevent even with the utmost care (this includes in particular strikes, official or judicial orders, war, fire, extreme natural events, outbreaks of diseases or epidemics, We are not responsible for operational disruptions, material shortages, transport-related delays and cases of incorrect or improper delivery to ourselves despite the hedging transaction). You authorize us to postpone the delivery for the duration of the obstructing event. The supplier will inform the customer of the beginning and the end of such circumstances as soon as possible.

(3)   In the event of unavailability for the reasons mentioned above, we can withdraw from the contract. We undertake to inform you immediately about the unavailability and to reimburse any services already provided without delay.

(4)   If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for default or non-performance. During the delay in acceptance, you bear the risk of accidental loss or accidental deterioration.

(5)   The delivery time results from the agreements between the contracting parties. Their compliance by the supplier assumes that all commercial and technical questions between the contracting parties have been clarified and the customer has fulfilled all obligations incumbent on him, such as providing the necessary official certificates or permits or making a down payment. If this is not the case, the delivery time will be extended accordingly. This does not apply if the supplier is responsible for the delay.

(6)   In the case of additional and expansion orders placed after the conclusion of the contract, the agreed delivery time is extended accordingly.

(7)   The delivery time is met if the delivery item has left the supplier's works by the time it expires or if readiness for dispatch has been reported.

(8)   Compliance with the delivery time is subject to correct and timely delivery to us. The supplier will notify us as soon as possible of any emerging delays.

(9)   The customer can withdraw from the contract without setting a deadline if the entire service is finally impossible for the supplier before the transfer of risk. In addition, the customer can withdraw from the contract if the execution of part of the delivery becomes impossible and he has a legitimate interest in rejecting the partial delivery. If this is not the case, the customer must pay the contract price applicable to the partial delivery. The same applies to the inability of the supplier. If the impossibility or inability occurs during the delay in acceptance or if the customer is solely or largely responsible for these circumstances, he remains obliged to provide consideration.

(10) If the supplier is in default and the customer suffers damage as a result, the customer is entitled to demand lump-sum compensation for the delay. It amounts tofor each completed week a maximum of 0.5 percent per week, but not more than 5 percent (in total) of that part of the total delivery that cannot be used on time or in accordance with the contract as a result of the delay. Further claims from delay in delivery are excluded.

(11) Bulky or heavy goods are usually delivered by a forwarding agency or by ourselves. Schleicher Graviertechnik expressly points out that these goods are not carried into the house or factory.

7 Right of withdrawal

(1) Consumers are generally entitled to a right of withdrawal.

(2) Entrepreneurs have no right of withdrawal.

(3) The relevant information can be found in the seller's cancellation policy.

8 Retention of title

(1)   The delivered goods remain the property of Schleicher Graviertechnik until all claims against the consumer / entrepreneur from the purchase contract have been settled in full. As long as this retention of title exists, the consumer / entrepreneur may neither resell the goods nor dispose of them; in particular, the consumer / entrepreneur may not contractually allow third parties to use the goods.

9 Claims for defects and warranty

9.1 Guarantee to consumers

(1)     There are statutory warranty rights. The risk of accidental loss or deterioration of the goods sold is only transferred to you when the goods are handed over. If you notice that the outer packaging arrives damaged or that it is damaged after receiving the goods, we ask you to notify us of this. However, there is no obligation to provide such a notification, nor are warranty rights affected by failure to provide notification. If the goods are defective, you can optionally request subsequent performance in the form of subsequent improvement or subsequent delivery. If defects are not rectified even after two attempts at rectification, you are entitled to withdraw from the contract or to reduce the price.

(2)     No guarantee is given for damage that can be traced back to improper handling or use.

9.2 Guarantee to entrepreneurs

The seller is liable for material defects in the delivery item to the exclusion of further claims, subject to Section 10, as follows:

(1)     All affected parts are to be repaired or replaced free of defects at the option of the supplier, which turn out to be defective as a result of a circumstance prior to the transfer of risk. The supplier must be notified immediately in writing of such defects being discovered. Replaced parts become the property of the Supplier.

(2)     To do all of that After agreement with the supplier, the purchaser must give the seller the necessary time and opportunity for subsequent improvements and replacement deliveries that appear to be necessary; otherwise the supplier is released from liability for the resulting consequences. Only in urgent cases of endangering operational safety or to prevent disproportionately large damage, whereby the supplier must be informed immediately, the customer has the right to have the defect remedied himself or by a third party and to demand reimbursement of the necessary expenses from the supplier.

(3)     The delivery man bearsinsofar as the complaint turns out to be justified, the direct costs of repair or replacement delivery including shipping, provided that this does not result in a disproportionate burden on the supplier. Insofar as the expenses increase due to the fact that the customer has taken the delivery item to a location other than the place of performance after delivery, the resulting additional costs must be borne by the customer. In the case of the sale of a newly manufactured item, the supplier also reimburses the expenses incurred by the customer in the context of recourse claims in the supply chain to the extent of his statutory obligation.

(4)     The purchaser has the right to withdraw from the contract within the framework of the statutory provisions if the supplier, taking into account the statutory exceptional cases, allows a reasonable deadline set for the repair or replacement delivery due to a material defect to elapse without result. If there is only an insignificant defect, the customer only has the right to reduce the contract price. The right to reduce the contract price is otherwise excluded. Further claims are exclusively based on section 10.2 of these conditions.

(5)     In particular, no liability is assumed in the following cases: unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, natural wear and tear, incorrect or negligent treatment, improper maintenance, Improper repairs, unsuitable equipment, unsuitable construction work, unsuitable subsoil, chemical, electrochemical or electrical influences, extreme temperatures, moisture, lightning, fire - unless the supplier is responsible for them.

(6)     If the purchaser or a third party makes improper improvements, the supplier is not liable for the resulting consequences. The same applies to changes to the delivery item made without the prior consent of the supplier.

(7)     The risk of accidental loss or deterioration of the item is transferred to the purchaser when the item is handed over to the person assigned to transport it.

10 Liability and Disclaimer

(1)   If the delivered goods cannot be used by the customer in accordance with the contract as a result of the seller's negligence or faulty suggestions / advice that took place before or after the conclusion of the contract, or due to the culpable violation of other secondary contractual obligations, in particular instructions for the operation and maintenance of the delivery item, then apply Exclusion of further claims by the purchaser, the provisions of Sections 9.2 and 10.2.

(2)   The seller is only liable for damage that has not occurred to the delivery item itself, for whatever legal reasons

  1. in case of intent,

  2. in the event of gross negligence on the part of the owner / organs

or executive employee,

  1. in the event of culpable harm to life, body or health,

  2. in the case of defects that he has fraudulently concealed,

  3. as part of a guarantee,

  4. in the event of defects in the delivery item, insofar as after

Product liability law for personal injury or property damage

there is liability for privately used objects.

(3)  In the event of a culpable breach of essential contractual obligations (those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the purchaser regularly trusts and may rely), the supplier is also liable for gross negligence on the part of non-executive employees and for slight negligence, limited in the latter case the contractually typical, reasonably foreseeable damage, which must be in reasonable proportion to the value of the delivery item.

(4)   Further claims are excluded.

11 Statute of limitations

(1)   All claims of the entrepreneur - for whatever legal reasons - become statute-barred after 12 months. The right of recourse according to § 478 BGB is excluded from this. The shortening of the limitation period expressly does not exclude liability for damage resulting from injury to life, limb or health or in the case of willful intent or gross negligence. The provisions of the Product Liability Act also remain unaffected.

12 Software usage

(1)   If the product is software or if a part or accessory of the product is a software component, the conditions and agreements specifically listed in this chapter apply (hereinafter referred to as “license agreement (s)”).

(2)   In addition, the license agreements also apply to software that is not sold by the seller via the online shop. This applies in particular to test versions (eg "gCode Generator") that are available in the download area of ​​the homepage.

(3)   The license agreement is a legal agreement between you (hereinafter “user” or “you” or “your”) and Schleicher Graviertechnik. You must agree to this before you can download or use software or software components from Schleicher Graviertechnik (hereinafter “software”).

(4)   By downloading or using this software, you agree to be bound by the terms of the license agreement.

(5)   The license agreement regulates your acquisition and the use of the software that was acquired directly from Schleicher Graviertechnik or indirectly from an authorized dealer or reseller.

(6)   If you enter into the license agreements on behalf of a company or other legal person, you represent that you have the authority to bind that institution and its affiliates to these terms and conditions. If you do not have such authorization or if you do not agree to the license agreement, do not install or use the software.

(7)   The license agreement only applies to software provided by Schleicher Graviertechnik, regardless of whether reference is made to other software or is described here. The license agreements also apply to updates, extensions, internet-based services and support services from Schleicher Graviertechnik for the software, unless these are provided with other conditions upon delivery. In this case these conditions apply.

12.1 Grant of license

(1)     Schleicher Graviertechnik hereby grants you a limited, non-transferable, non-exclusive right to use the software on your devices under the terms of this license agreement.

12.2 Terms of Use

(1)     If the software received is a free trial version, it may only be used for a period of 30 days to be used. The start of the test period is the first time the software is activated when the software is started. After the test period has expired, the software must either be removed from the computer in question or a license for the full version must be purchased.

(2)     The software may only ever be used on a single computer (PC, laptop or tablet) activated and used. As soon as the software / license is deactivated on the current computer in question, the software can be activated and used again on any other computer.

(3)     Authorized use of the software is requested via a license key. With the test version, you will receive this automatically via the program interface when starting the application. The activation of full versions of the software is carried out using a license key provided and registered by Schleicher Graviertechnik, which you will receive after purchasing a license for the full version. This license key is made available in the form of text, which must be entered into the software using the keyboard.

(4)     A license key may only be used to exercise the right of use if it has been registered in the name of the user (in particular an email address).

12.3 Copyright

(1)     The software contains confidential information from Schleicher Graviertechnik. Copyrights, trademark rights and other intellectual property rights to the software are the exclusive property of Schleicher Graviertechnik. You acknowledge that you are not acquiring any title to any software or any intellectual property contained therein.

12.4Prohibited things

(1)     No parts of the software, the entire software or files contained in the software may be reproduced in whole or in part. In particular, the user is not authorized to change, adapt, modify or translate the software.

(2)     You may not reproduce, copy, distribute or resell the software or otherwise use the software for commercial purposes.

(3)       You may not reverse engineer, decompile or reassemble the software.

12.5 No liability for indirect damage

(1)     The entire liability and its exclusive claims apply in any case only up to the amount that was paid for the product (software).

(2)     Any liability on the part of Schleicher Graviertechnik is limited to the replacement of the product (software) or the reimbursement of the purchase price

(3)     Under no circumstances shall Schleicher Graviertechnik be liable for any kind of indirect or indirect damage resulting from the installation, use or the impossibility of using our software, insofar as this is legally permissible. This also applies if Schleicher Graviertechnik was advised of the possibility of such damage beforehand.

12.6 Confidentiality

(1)     Each contracting party agrees to carefully protect confidential information that it has received from the other contracting party from unauthorized disclosure or use. This also counts in particular for the license key, which is made available by Schleicher Graviertechnik.

12.7 Updates

(1)     The provisions of this agreement apply to all updates for the software made available by Schleicher Graviertechnik. There is no entitlement to the delivery of updates.

12.8 Home or academic editions

(1)     If the software is specified in the user documentation, on the packaging of the software or on the purchase or download page of the website as the home or academic version, you may only use the software for educational or purely private purposes, but not for other purposes. Home or academic versions of the software may not be used for commercial, professional, or other for-profit purposes.

12.9 Completion

(1)        The license agreement mentioned here is valid from the date on which you download, install or use the software for the first time and is valid until terminated.

(2)        You can cancel at any time by notifying Schleicher Graviertechnik in writing.

(3)       The contract will also be terminated immediately if you violate any provision of this license agreement.

(4)       After such a termination / contract termination, the licenses granted in the license agreement are terminated immediately and you agree to cease all access to and use of the software.

13 Applicable Law

(1)   The contract concluded between you and Schleicher Graviertechnik is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

14 Place of jurisdiction

(1)   If, contrary to what you stated when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is:

Schleicher Graviertechnik

David Schleicher

Karlstraße 7

96450 Coburg

 

15 Dispute resolution

(1)   General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):

(2)   The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

16 Final provisions

(1)   Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.

(2) Changes or additions to this contract must be made in writing.

 

 

Version 05/2021