General terms and conditions
1. Scope and provider
(1) These General Terms and Conditions apply to all orders placed by customers with the online shop of IWOXX Software Development - Dieter Wöllner, Ehrenpreisstraße 35, 86899 Landsberg am Lech, Germany.
(2) The goods offered in our online shop are intended exclusively for customers who are to be regarded as entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), i.e. who act in the exercise of their commercial or self-employed professional activities when concluding the contract.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall also apply to all future business relations, even if they are not expressly agreed again. The inclusion of the customer's general terms and conditions that contradict our general terms and conditions is already now contradicted.
(4) You can call up and print out the currently valid General Terms and Conditions of Business on the https://www.iwoxx.de website.
2. Conclusion of contract and prices
(1) Upon completion of the customer's order in our online shop, the customer submits a binding purchase offer. If we subsequently send an automated confirmation of receipt, this does not constitute acceptance of the customer's purchase offer. A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer or if we separate the goods without prior express declaration of acceptance and send them to the customer.
(2) A binding contract may also be concluded in advance as follows: If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment order to PayPal.
(3) The languages available for the conclusion of the contract are German and English.
(4) We save the contract text and send you the order data and our general terms and conditions by e-mail. We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can view your past orders in our customer login.
(5) The prices quoted in our online shop include statutory value-added tax.
(6) All prices are exclusive of the indicated shipping costs.
3. Terms of Payment; Delay
(1) In our online shop, the payment methods that can be selected for the respective customer are specified in each case.
(2) All payments are to be made within 10 days of invoicing.
(3) Prepayment - When selecting the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
(4) Cash on delivery - If cash on delivery is selected as the method of payment, 6.00 Euro will be added to the cost.
(5) PayPal - You pay the invoice amount via the online provider PayPal. You must be registered there or register first, legitimize with your access data and confirm the payment order to us. You will receive further information during the ordering process.
(6) Invoice - You will receive an invoice to your specified billing address with a corresponding payment period. You then transfer the amount due without deduction directly to the bank account indicated on our invoice.
(7) Cash payment on pickup - You can pay cash for your goods on pickup. Please make an appointment with us beforehand.
(8) If the customer is in default with a payment, he is obliged to pay the statutory default interest in the amount of the statutory "default interest rate for legal transactions without consumer participation above the base rate. In addition, there is a claim to payment of a lump sum of 40 euros. We reserve the right to claim further damages.
(9) If the customer does not meet his payment obligations punctually or if it turns out that his financial circumstances are no longer sufficient for any credit to be granted or deferment of payment, we shall be entitled to demand immediate payment of all outstanding claims or to demand security.
4. Setoff/Retention Right
(1) The customer shall only be entitled to a right of set-off if his counterclaim has been legally established or is not disputed by us.
(2) The customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.
(3) We can assert a right of retention against all future orders of the customer, including recognized orders, if the customer does not meet his payment obligations.
5. Delivery, transport risk, delivery dates
(1) Unless otherwise agreed, the goods shall be delivered at your request from our warehouse to the address indicated by you. The delivery of forwarding goods shall be free curbside, unless otherwise agreed in individual cases.
(2) The risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or any other third party ordered to carry out the shipment. The handover shall commence at the same time as the loading process. A delay in acceptance on the part of the customer leads to the transfer of risk.
(3) We shall be released from our performance insofar as we have not received timely delivery from our suppliers within the scope of a congruent covering transaction, unless we ourselves are responsible for the non-delivery. The customer will be informed immediately about the missing delivery and the consideration will be refunded immediately.
(4) Insofar as advance payment has been agreed, the stated delivery dates are subject to timely payment. In the event of late payment, the delivery date shall be postponed accordingly.
(5) We shall be entitled to make partial deliveries insofar as this is reasonable for the customer, taking into account the interests of both parties. Additional shipping costs shall be borne by us. The risk shall pass to the customer upon transfer of the respective partial delivery. If we are in default with outstanding partial deliveries or if it is not possible for us to deliver outstanding partial deliveries, the customer shall be entitled to withdraw from the contract as a whole or to demand compensation for damages due to non-fulfilment of the entire obligation, provided that he has no interest in the partial delivery.
6. Reservation of ownership
(1) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
(2) The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to us all claims in the amount of the invoice amount accruing to the customer from the resale. We accept the assignment. However, the customer remains authorized to collect the claims. Insofar as the customer does not properly meet his payment obligations, we reserve the right to collect claims ourselves.
(3) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(4) We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
(1) Unless expressly agreed otherwise, the warranty claims of the customer shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB) with the modifications specified in the following paragraphs.
(2) Only our own details and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements or other advertising by the manufacturer. Samples, material properties and structure of the products may deviate from the information in the online shop. Our information on the subject of the delivery or service, including the illustrations, are only approximate descriptions, unless an exact agreement is required for the contractual purpose.
(3) You are obliged to examine the goods with due care for deviations in quality and quantity and to notify us of obvious defects immediately after receipt of the goods. This shall also apply to hidden defects discovered at a later date upon discovery. The assertion of warranty claims is excluded in the event of violation of the obligation to inspect and give notice of defects.
(4) In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement (subsequent performance). In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
(5) If the supplementary performance fails twice, the customer may, at his discretion, demand a reduction in the purchase price or withdraw from the contract.
(6) The warranty period is one year from delivery of the goods. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligation), as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by us or our vicarious agents.
(7) Should the delivery of used products be agreed between us and the customer in an individual case, this shall take place to the exclusion of any warranty.
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
9. Final regulations
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and the customer shall be our place of business.