| 1. |
SCOPE & APPLICATION |
| 1.1 |
These conditions apply to all purchases
of products (including, without limitation, hardware and/or
software) ("Products") which are sold through this website
("Site") by: (a) us, the Seller, LTplus ArchitektenInitiative e.V.
c/o Fürst, Südring 2, 85457 Wörth, Deutschland (references to
"us", "we" or "our" being construed accordingly), to (b) you, the
purchaser (references to "you" or "your" being construed
accordingly). |
| 1.2 |
BY PLACING AN ORDER ON THIS SITE YOU
AGREE TO ABIDE BY THESE CONDITIONS. |
| 2. |
INSTRUCTION TO RIGHT TO
REVOCATION (ONLY FOR CONSUMERS) |
| 2.1 |
RIGHT TO REVOCATION: AS A CONSUMER, YOU
WILL HAVE A LEGAL "COOLING OFF PERIOD" DURING WHICH YOU MAY REVOKE
YOUR ORDER FOR ANY REASON WITHOUT STATEMENTS OF REASONS. THIS
PERIOD IS UP TO TWO WEEKS AND COMMENCES NOT EARLIER THAN THE
DELIVERY OF THIS INSTRUCTION. IN CASE OF DELIVERY OF A PHYSICAL
PRODUCT THIS PERIOD STARTS WITH DELIVERY OF THE PRODUCT. THE RIGHT
TO REVOCATION WILL BE TREATED AS EXERCISED ON THE DATE OF POSTING
THE NOTICE OF REVOCATION OR THE DATE OF DISPATCHING THE RETURNED
PRODUCT. ALL REVOCATION NOTICES MUST BE IN TEXTFORM (E.G. MAIL,
FAX, E-MAIL) AND HAVE TO BE ADDRESSED TO : |
| LTplus ArchitektenInitiative e.V. c/o
Fürst, Südring 2, 85457 Wörth, Deutschland
YOU CAN ALSO
CONTACT US USING THE FOLLOWING LINK |
| 2.2 |
PLEASE NOTE: YOU HAVE NO RIGHT TO
REVOCATION |
| 2.2.1 |
WHERE YOU ORDER AUDIO RECORDS OR VIDEO
RECORDS OR SOFTWARE, WHERE YOU HAVE UNSEALED THE SOFTWARE. |
| 2.2.2 |
WHERE YOU ORDER BESPOKE OR CUSTOMISED
PRODUCTS MADE SPECIFICALLY TO YOUR ORDER OR YOUR NEEDS OR CAN NOT
BE RETURNED BECAUSE OF THEIR NATURE, E.G. DOWNLOAD PRODUCTS. |
| 2.3 |
LEGAL CONSEQUENCES: IF YOU EXERCISE THE
ABOVE RIGHT TO REVOCATION, YOU ARE REQUIRED TO RETURN THE RELEVANT
PRODUCTS TO US INCLUDING FRUITS THEREOF AND WE ARE REQUIRED TO
REIMBURSE YOUR PREPAYMENTS INCLUDING FRUITS THEREOF (E.G.
INTERESTS). IF YOU ARE NOT ABLE TO RETURN THE PRODUCTS OR IF THE
PRODUCTS ARE DEFECTIVE, YOU ARE REQUIRED TO PAY COMPENSATION. THIS
DOES NOT APPLY TO PRODUCTS, WHICH DETERIORATION IS DUE SOLELY TO
THE INSPECTION OF THE PRODUCTS - LIKE YOU WOULD DO IT IN SHOPS.
YOU MAY PREVENT YOURSELF FROM HAVING TO PAY COMPENSATION FOR
DAMAGED PRODUCTS, IF YOU DO NOT MAKE USE OF THE PRODUCTS IN YOUR
POSSESION AND IF YOU TAKE REASONABLE CARE OF THE PRODUCTS IN YOUR
POSSESION. YOU HAVE TO BEAR THE COSTS OF RETURNING THE PRODUCTS,
UNLESS YOUR ORDER HAS A VALUE OF MORE THAN 40 EUR. IN CASE YOUR
ORDER HAS A VALUE OF MORE THAN 40 EUR, WE WILL ONLY BEAR THE COSTS
OF RETURNING THE PRODUCTS, IF YOU HAD ALREADY MADE PAYMENT OR PART
CONTRACTUAL PART PAYMENTS BY THE TIME OF REVOCATION. WHERE WRONG
PRODUCTS HAVE BEEN DELIVERED TO YOU, WE WILL BEAR THE COSTS OF
RETURNING THE PRODUCTS REGARDLESS OF THE VALUE OF YOUR ORDER. ANY
COMPENSATION PAYMENTS FOR DAMAGED PRODUCTS HAVE TO BE MADE BY YOU
WITHIN 30 DAYS AFTER YOU HAVE GIVEN YOUR DECLARATION OF
REVOCATION.
THE PRODUCT MUST BE RETURNED TO THE RETURN ADDRESS:
LTplus -
ArchitektenInitiative
e.V.
c/o LTplus Architects
D-85457 Woerth - Suedring 2 - GERMANY
|
| 2.4 |
PLEASE NOTE: SUCH RIGHT TO REVOCATION,
WHERE YOU ORDER SERVICES, TERMINATES IF THOSE SERVICES COMMENCE
WITH YOUR AGREEMENT BEFORE THE COOLING OFF PERIOD EXPIRES (E.G.
DOWNLOAD OF PRODUCTS).
IF YOU REQUIRE MORE INFORMATION ON YOUR RIGHTS, YOU SHOULD
CONTACT:
 Email:
hotline@LTplus.de
|
| 3. |
OFFER, ACKNOWLEDGMENT AND
ACCEPTANCE |
| 3.1 |
Any prices, quotations and descriptions
made or referred to on this Site do not constitute an offer and
may be withdrawn or revised at any time prior to our express
acceptance of your order. |
| 3.2 |
While we make every effort to ensure
that items appearing on the Site are available, we cannot
guarantee that all items are in stock. We may reject your order
(without liability) if we are unable to process or fulfil it. If
this is the case, we will refund any prior payment that you have
made for that item. |
| 3.3 |
An order submitted by you constitutes
an offer by you to us to purchase Products on these Conditions and
is subject to our subsequent acceptance. |
| 3.4 |
Prior to such acceptance, an automatic
e-mail acknowledgement of your order may be generated. The purpose
of this acknowledgement is giving you the chance to confirm your
order details or to correct type errors. Please note that any such
automatic acknowledgement does not constitute a formal acceptance
of your order. |
| 3.5 |
Our acceptance of your order takes
effect and the contract concluded at the point where such offer is
expressly accepted by us dispatching your order. |
| 3.6 |
You may view records of orders
received, acknowledgements, acceptances and other contract records
in our web-based customer care centre. We may potentially be able
to provide you with copies on written request; however you must
make sure you print or save a copy of all such documents and these
Conditions for your own records. |
| 4. |
YOUR REPRESENTATIONS
|
| 4.1 |
You represent that information provided
by you when placing your order is up-to-date materially accurate
and is sufficient for us to fulfil your order. From time to time
it is possible that a programming or data transcription error may
result in a price that is inaccurate. We will generally honor the
posted price, although we reserve the right to the extent
permitted by law correct the price and offer to sell you the
Products or Services at the correct market price in situations
where the price advertised is clearly an error as evidenced by
being substantially under market. |
| 4.2 |
You are responsible for maintaining and
promptly updating your account information with us for accuracy
and completeness and keeping such information (and any passwords
given to you for the purposes of accessing the Site and purchasing
Products secure against unauthorised access. |
| 5. |
PRICE AND TERMS OF PAYMENT
(NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER) |
| 5.1 |
Prices payable for Products are those
in effect at the time of order received, unless otherwise
expressly agreed. Prices may be indicated on the Site or an order
acknowledgement but the authoritative price in the event of any
discrepancy, is the price that is notified to you on our
Acceptance. |
| 5.2 |
We have the right at any time prior to
our Acceptance to withdraw any discount and/or to revise prices to
take into account increases in costs including (without
limitation) costs of any materials, carriage, labour or the
increase or imposition of any tax, duty or other levy and any
variation in exchange rates. We also reserve the right to notify
you of any errors in pricing prior to product dispatch. In such
event if you choose to continue with fulfilment of the order, you
acknowledge that the Product will be provided in accordance with
such corrected price. |
| 5.3 |
Prices (unless stated otherwise) are in
the currency quoted on the Site. |
| 5.4 |
The places that we deliver to are
listed on the Site ("Territory"
EU*-Members ).
Unless otherwise specified, prices quoted are |
| 5.4.1 |
exclusive of the costs of shipping or carriage to
the agreed place of delivery within the Territory (charges for
which are stated on the Site); and |
| 5.4.2 |
inclusive of VAT, goods and services tax and any
other tax or duty which (where applicable) must be added to the
price payable. |
| You agree to pay for
shipping or carriage of Products as such costs are specified by us
at the point of purchase. |
| 5.5 |
Payment shall be made prior to delivery
and by such methods as are indicated on the Site (and not by any
other means unless we have given our prior agreement). |
| 5.6 |
Except as expressly provided elsewhere
in these Conditions or the Site, payment may be taken in full
notwithstanding any claim for short delivery or defects. Please
consider this also for potentially additional costs for payment
transmission (e.g. bank charges). |
| 5.7 |
We will charge credit or debit cards
two working days after order received. We reserve the right to
verify credit or debit card payments prior to Acceptance. |
| 5.8 |
No counterclaim, set-off or reduction
may be deducted from any payment due without our written consent,
unless the counterclaim has been recognized by declaratory
judgment or is undisputed. However, you are entitled to exercise
your statutory right of retention with respect to counterclaims
within our contractual relationship. |
| 5.9 |
If you default, you have to pay lump
sum damages in the form of interests. If you are a consumer, the
interest rate is 5 (five) percentage points above the base
interest rate. If you are not a consumer, the interest rate is 8
(eight) percentage points above the base interest rate. We reserve
our right to claim more damages occurred due to your default. |
| 5.10 |
In case of non-payment we retain the
right to transmit our claim to the vendor of the software product
you purchased, without additional information to you. As a result
of this the vendor can claim the receivable from you. |
| 6. |
TERMINATION
If you commit an act of bankruptcy or enter into a deed of
arrangement with creditors or a court order for winding-up is made
against you or you take or suffer any similar action in
consequence of debt or we have cause to believe that you are
unable to pay your debts as they fall due; without prejudice to
any of our other rights, we may: |
| 6.1 |
stop any Products in transit; |
| 6.2 |
suspend further Product deliveries; and |
| 6.3 |
by written notice to terminate your
order |
| 7 |
DELIVERY AND RISK |
| 7.1 |
Delivery timescales/dates specified on
the Site, in any order acknowledgement, acceptance or elsewhere
are estimates only. While we endeavour to meet such timescales or
dates, we shall not be liable to you in respect of delay. In case,
we may not be able to deliver the products, we will refund your
payments on request. |
| 7.2 |
Delivery shall be to a valid address
within the Territory submitted by you ("Delivery Address"). You
must check the Delivery Address on any acknowledgement or
acceptance we provide and notify us without delay of errors or
omissions. We reserve the right to charge you for any extra costs
arising from changes you make to the Delivery Address after you
submit an order. |
| 7.3 |
If you refuse or fail to take delivery
of Products provided in accordance with these Conditions, any risk
of loss or damage to the Products shall nonetheless pass and
without prejudice to any other rights or remedies we have: |
| 7.3.1 |
We shall be entitled to immediate payment in full
for the Products delivered and either to effect delivery by
whatever means we consider appropriate or to store Products at
your risk; |
| 7.3.2 |
You shall be liable pay on demand all costs of
Product storage and any additional costs incurred as a result of
such refusal or failure to take delivery; |
| 7.3.3 |
We shall be entitled 30 days after the agreed date
for delivery to dispose of Products in such manner as we determine
and may set off any proceeds of sale against any sums due from
you. |
| 7.4 |
Were we deliver Products by
instalments, each instalment constitutes a separate contract. If
you are not a consumer, any defect in any one or more instalments
shall not entitle you to repudiate the contract as a whole nor to
cancel any subsequent instalment. |
| 7.5 |
If you are a consumer, risk of loss of
or damage to the Products passes to you on delivery of the
products. If you are not a consumer, risk of loss or damage to the
Products passes to you when placed in your possession or that of
any carrier, whichever shall occur first. |
| 8. |
DUTY TO EXAMINE AND TO MAKE
COMPLAINTS |
| 8.1 |
If you are a consumer, you are
responsible for checking Products upon delivery and verifying that
they are in satisfactory condition, in accordance with their
description and complete only with respect to apparent defects and
apparent short deliveries. If you fail to notify us about such
failure in writing within 2 (two) weeks your rights arising from
defective products or short delivery are excluded. |
| 8.2 |
If you are not a consumer, you are
responsible for checking Products upon delivery and verifying that
they are in satisfactory condition, in accordance with their
description and complete. You have only rights arising from
defective products or short delivery, if: defects in Products or
short delivery where notified to us in writing within 5 (five)
working days at the latest of receipt of the Products or, in case
the defect or short delivery was not identifiable, within 5 (five)
working days at the latest of taking notice of the defect or short
delivery. |
| 9. |
SOFTWARE |
| 9.1 |
Where any Product supplied is or
includes software ("Software"), this Software is
licensed by us or by the relevant licensor/owner subject to the
relevant end-user license agreement or other licence terms
included with Software ("License Terms") and/or
the Product. Such Software may not be copied, adapted, translated,
made available, distributed, varied, modified, disassembled,
decompiled, reverse engineered or combined with any other
software, save to the extent that (i) this is permitted in the
License Terms, or (ii) applicable law expressly mandates such a
right. |
| 9.2 |
For technical questions to the product
you purchased, please contact us directly. Please note that the
support from the vendor may be in English or German based on the
country he is from. |
| 10 |
LIABILITY LIMITATION |
| 10.1 |
We shall be liable to you for
any damages arising in connection with Products and Services
provided hereunder to the extent that intent or gross negligence
can be attributed to our representatives, our agents or ourselves. |
| 10.2 |
We shall further be liable to
you for any damages arising in connection with the Products and
Services provided hereunder to the extent such damages are caused
by our representatives, our agents or ourselves through a
negligent breach of a material contractual obligation. In such
cases our liability is limited to the amount of damages that were
typically foreseeable upon entering into the relevant contract.
|
| 10.3 |
This limitation of liability
applies to all damages claims, irrespective of their legal basis
and including but not limited to liability for contractual,
pre-contractual and collateral claims. This limitation of
liability shall not limit any mandatory statutory liability,
including liability under the German product liability act or
liability for personal injuries caused by negligence. |
| 10.4 |
You shall take all reasonable
measures to prevent and mitigate damages hereunder. Without
limiting the generality of the foregoing, you shall make backup
copies of your files in reasonable intervals, but at least once
per day, in order to allow lost or disrupted data to be recovered
with reasonable efforts only. Failure to comply with these
obligations is deemed to be contributory negligence.
|
| 11. |
RETENTION OF TITLE
|
| 11.1 |
Title to Products in any one order
shall not pass from us to you until payment in full of the price
in respect of such order (including any interest or other payments
due in respect of those Products). Until payment has been made in
full for any Products, you shall have possession of those Products
as our agent and shall (subject to the provisions of Condition
10.2 below) store the Products in such a way as to enable them to
be readily identified as our property, and keep proper and
accurate records to enable us to distinguish Products for which
payment has been made in full from those Products for which
payment is outstanding. You shall not seize the products or
transfer the products by way of security. If you are a consumer,
you shall not resell products. |
| 11.2 |
If you are not a consumer, you are
allowed to sell products before passing of title. In this case,
you shall hold (on a fiduciary basis) all proceeds of such sales
or of other legal grounds in trust for us and in a separate
account. You undertake immediately upon being so requested by us
to assign to us all rights in respect of those proceeds and that
separate account and/or all rights and claims which you may have
against any customers arising from such sales until payment is
made in full as aforesaid and not to assign such rights and claims
to any third party without our prior written consent. |
| 11.3 |
We reserve the right (subject to
applicable law) to repossess any Products in respect of which
payment is negligently overdue and thereafter to resell the same
and for this purpose, you hereby grant us an irrevocable right and
licence to our servants and agents to enter upon your premises
during normal business hours, provided we have given reasonable
prior written notification. This Condition 10.3 shall continue in
force notwithstanding termination of the contract howsoever
caused. |
| 11.4 |
Such assertion of our rights does not
constitute rescission, unless we have explicitly notified you.
|
| 12 |
THIRD PARTY RIGHTS
You shall indemnify us against any and all liabilities, claims
and costs incurred by or made against us as a direct or indirect
result of us performing Services or carrying out any work on or to
the Products where this has been done to your (or your
representative's) specific requirements or specifications causing
an infringement or alleged infringement of any proprietary rights
of any third party. |
| 13. |
YOUR RIGHTS IN CASE OF DEFECTS
|
| 13.1 |
All Product specifications,
illustrations, drawings, particulars, dimensions, performance data
and other information on the Site or made available by us are
intended to represent no more than a general illustration of the
Products and do not constitute a warranty or guarantee by us that
the Products will conform with the same. The manufacturer's
specifications and documentation exclusively determines the
contractual performance description (the "Performance
Description"). |
| 13.2 |
If a Product (i) is not capable of
complying with the relevant Performance Description, or (ii)
violates intellectual property rights or other third party rights,
the Product shall qualify as defective ("Defective Product" or
"Defect"). |
| 13.3 |
In case a Product contains a Defect,
you shall set a reasonable period for us to remedy the Defect.
Your right to renewed performance ("Nacherfüllung") shall be
modified so that we at our option may (i) either repair or (ii)
deliver a replacement for the Defective Product. |
| 13.4 |
If we do not succeed within a
reasonable period to remedy a Defect, you shall be entitled, to
make use of your statutory rights in accordance with the
following: |
| 13.4.1 |
Your right to lower the purchase price (Minderung)
shall be excluded. |
| 13.4.2 |
Your right to rescission only extents to the
relevant offer. |
| 13.4.3 |
Prior to exercising your right to rescission you
will set one additional reasonable period for us to remedy the
Defect. |
| 13.5 |
As soon as you have exercised your
right to rescission, your right to use the Product shall end. In
this case, you must agree to a "letter destruction" which requires
you to uninstall the Product from your computer and destroy any
digital or disk copies of the Product. |
| 13.6 |
If you are a consumer, your rights
hereunder shall expire after 24 month after delivery of the
products. If you are not a consumer, your rights hereunder shall
expire after 12 month after delivery of the products. |
| 13.7 |
Your above rights of removal of Defects
of any Products or any part or parts thereof (except where agreed
otherwise) be negated or rendered void where: |
| 13.7.1 |
Products have been repaired or altered by persons
other than the manufacturer, us or any authorised dealer; and/or |
| 13.7.2 |
Defects are due (wholly or partially) to
mistreatment, improper use or storage or maintenance or
installation, or failure to observe any manufacturers'
instructions or other directions issued or made available by us in
connection with the delivered Products. |
| 13.8 |
In case you consider that you have a
right to rescind the contract, please tell us the reason for this
rescission. We will check back with the vendor's applicable
procedures. |
| 14 |
CONSENTS, CUSTOMS DUTIES &
EXPORT |
| 14.1 |
If any licence or consent of any
government or other authority is required for the acquisition,
carriage or use of the Products by you, you shall obtain such
licence or consent at your own expense and if necessary produce
evidence to us on demand. Failure so to do shall not entitle you
to withhold or delay payment of the price. Any additional expenses
or charges incurred by us resulting from such failure shall be met
by you. |
| 14.2 |
Products licensed or sold to you under
these Conditions may be subject to export control laws and
regulations in the Territory or other relevant jurisdiction where
you take delivery or use them. You shall be responsible for
complying with those laws and will not do anything to breach them. |
| 14.3 |
Items entering the European Economic
Area (EEA) from outside over a certain value may be subject to
customs charges (e.g. where costs are in excess of your personal
import allowance). You may be subject to customs charges, import
duties and taxes, levied when the Product reaches your specified
destination. Any such additional charges for customs clearance or
import duties or taxes must be met by you, since we have no
control over what these charges are. You should contact the local
customs office in the relevant jurisdiction for further
information on customs policies or duties - see "Territory"
EU*-Members . |
| 15. |
NOTICES
Any notice or other communications in relation to our contract
may be given by sending the same by hand delivery, pre-paid post,
fax or e-mail to the latest address and contact that one party has
notified in writing to the other. This will also be the address
for service of legal proceedings in the manner prescribed by law.
|
| 16. |
PERSONAL INFORMATION AND YOUR
PRIVACY |
| 16.1 |
We will observe applicable data
protection laws and will not use information that does or can be
used to personally identify you ("Personal Data")
you other than as set out in our Privacy Statement. |
| 16.2 |
We hereby bind ourselves to transmit
all information, including your personal information, to the
relevant manufacturer, licensor, or supplier of Products and
Services ordered hereunder, in order for them to fulfil a service
to us for your benefit or directly to you. We hereby bind
ourselves to provide your information in order to register your
purchase with the manufacturer or service provider for warranty,
technical support, after sales service or similar purposes. |
| 17 |
GENERAL |
| 17.1 |
You shall not assign your rights to
third parties under these Conditions. |
| 17.2 |
These Conditions supersede and cancel
all previous contracts and working arrangements whether oral or
written, express or implied, between us. Any purported terms or
provisions to the contrary are hereby excluded. This exclusion
refers particularly with regard to terms that are specified by
you, e.g. Terms and Conditions. We reserve the right to vary or
alter these Conditions without notice. |
| 17.3 |
No forbearance, delay or indulgence by
either you or us in enforcing any of these Conditions or the
granting of time by either party to the other shall prejudice or
restrict such rights and powers. |
| 17.4 |
No waiver of any term or condition of
these Conditions shall be effective unless made in writing and
signed by us. The waiver of any breach of any Condition shall not
be construed as a waiver of any subsequent breach or condition. |
| 18 |
GOVERNING LAW AND JURISDICTION |
| 18.1 |
The construction validity and
performance of these Conditions shall be governed by German law
with the exclusion of the UN Convention on Contract for the
International Sale of Goods (CSIG). |
| 18.2 |
To the extent that you are a merchant,
public law entity or public special fund the parties submit to the
exclusive jurisdiction of the Courts in Erding in the event of
legal proceedings arising from any dispute. The language of any
dispute resolution procedure or any proceedings will be German. |
| 18.3 |
If for any reason we determine or a
court of competent jurisdiction finds that any provision or
portion of these Conditions or of other agreements to be invalid
under applicable law in a particular jurisdiction: |
| 18.3.1 |
these Conditions and other provisions will not be
affected in other jurisdictions to the extent that such
determination or finding has no application; and |
| 18.3.2 |
in the relevant jurisdiction, the remainder of
these Conditions and of other agreements will continue in full
force and effect. |
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