Terms and conditions
Terms and conditions of the DIGITTRADE GmbH
Status: Juli 2010 • Version: 2.06
Managing Director: Manuela Gimbut
06179 Teutschenthal / Germany
fon: +49 (0)345 - 2317353
fax: +49 (0)345 - 6138697
trade register: Local Court Stendal (HRB 215149)
tax ID number: DE 814275413
§ 1. General
The DIGITTRADE GmbH with head office in Teutschenthal / Germany (below DIGITTRADE) offers customers also over the own online store (http://www.digittrade.de) article to the purchase.
The following terms and conditions of trade (GTCT) are valid for all business relations between the customers and DIGITTRADE which are justified about the online store.
Customers for the purposes of the GTCT are consumers as well as traders. As an entrepreneur in sight of these GTCT is every natural or legal person or a having legal capacity partnership which is contracted in business relation and in exercise of a commercial or independent professional activity acts.
Consumer for the purposes of the GTCT is every natural person who is contract in business relation and acts for a purpose which is not commercial or can be added to the independent vocational activity.
§ 2. Offer, acceptance and conclusion of the contract in the online store
All offers within the online store are not binding - i.e. the listed products and accomplishments are no binding offers for DIGITTRADE; it concerns rather a demand to the customer to submit a binding offer over the virtual shopping cart to us.
The customer validates with the purchase his binding pollicitation. DIGITTRADE will confirm the access of the order immediately by e-mail. This access confirmation doesn’t describe the acceptance of the order yet, but can be associated with it.
DIGITTRADE is authorized to accept the pollicitation linked with the order of the customer within three working days after the access. The acceptance follows either by explicit acceptance with purchase or by the timely delivery of the product.
DIGITTRADE doesn’t assume any procuration risks. Hence, the conclusion of the contract occurs under reservation, in case of the incorrect shipment by the deliverer, to fulfill not or partially. The responsibility of DIGITTRADE for carelessness or deliberate act remains untouched from this. In the case of the partly or non-availability of the service DIGITTRADE will inform the customer immediately; in the case of the demission the consideration will refund to the customer immediately.
§ 3. Prices and payments
The prices quoted by DIGITTRADE get on as final prices - i.e. they contain all prize components including the legal taxes. In particular cases like cross-border deliveries customers have to pay other taxes (e.g. in the case of an internal common acquisition) and/or charges (e.g. duties).
The purchase prices are without packaging costs, shipping costs and insurance charges. These amounts will be charged and reported separately.
The customer is liable for payment in advance in view of the payment of the purchase price plus possible incoming delivery and forwarding charges (see below: "§ 4th delivery terms").
The purchase price plus possible incoming delivery and forwarding charges is to be paid not later than 7 days after receipt of the first demand for payment without deduction. If the payment won’t happen in that period, the customer comes without other advices of DIGITTRADE in (payment) delay.
The customer has only the right of summation, if his counterclaims are ascertained legally or recognized by DIGITTRADE.
The customer can practice the right of retention only if his counterclaim is based on the same contractual relationship.
§ 4. Delivery conditions
The delivery of the items takes place against cash in advance or as cash on delivery. Besides, the shipment takes place regularly by DHL (EURO OF EXPRESS TRAIN) as an insured BUSINESS PACKAGE or as a consignment of goods. Declarations about delivery and dispatch can be taken from the article description.
§ 5. Retention of title
DIGITTRADE reserves itself towards consumers the property in the sold items up to the entire payment of the purchase price; towards retailers the property is left up to the entire settlement of all demands from the current business relation.
The customer is committed to cover the reservation goods carefully.
The customer is obligated to inform DIGITTRADE during the retention of title immediately about an access by a third party of the product as well as any damages or a destruction of the product and to allocate all information and documents which are necessary for the protection of the rights of the owner.
With behavior contrary to the contract of the customer - in particular by delay of payment or in case of the injury of a duty after sales (2) and (3) - DIGITTRADE is authorized to cancel the contract and request the reservation goods.
§ 6. Information about transport damage
Deliveries of goods have to be checked after access by the customer. In case of recognizable external damages in transit, the customer undertakes to note this on the respective shipping documents and to let sign from the delivery agent. The package is to be kept.
If the (partial) loss or the external damage isn’t recognizable, the customer has to indicate this within 5 days after delivery towards DIGITTRADE or, however, at least within 7 days after delivery to the transportation company to grant in such a way that any claims are asserted compared with the transportation company on time.
Any rights and claims of the customer - primarily the legal rights by defects of the purchase item - remain untouched from the regulations of the sales (1) and (2).
§ 7. Terms of guarantee and defects liability
The defects liability for material defects and defects of title is regulated after the following instructions. Any inquiries and/or objections are to be directed to DIGITTRADE to the contact data above.
No defects liability is given for damages which are made after incorrect usage or handling of the product (e.g. usage of technical device with faulty power or voltage or connection to unsuitable power source). The same is valid by volitional deterioration.
Concerning sold hardware and software is valid that such functional encroachments which results from the hardware and software surroundings provided by the customers, faulty use, external damaged dates and disturbances of computer nets or other from the risk area of the customer to coming reasons shows no fault.
For hardware and software which has been changed by the customer DIGITTRADE produces no guarantee, unless, the customer verifies that the changes are not the reason for the indicated fault.
The customer is obligates to make adequate arrangements for the case that the hardware and software works all or part not properly. He will test the hardware and software for their usability and compatibility for the purpose deliberate by him, before he uses this. Furthermore he will protect his data according to the state of the technology.
In case of faults of the delivered item the customer has basically first only one right to supplementary performance. Consumers have the choice whether the supplementary performance should happen by repair or replacement; however, DIGITTRADE is authorized to refuse the kind of the elected supplementary performance if it’s only possible with disproportional charges and the other kind of the supplementary performance remains without considerable disadvantages for the consumer.
Compared with retailers DIGITTRADE provides guarantee by repair or replacement for faults of the product after own choice.
In general customers are not authorized to remove a fault himself directly without previous and explicit agreement of DIGITTRADE or to let remove by a third party (self help).
If the supplementary performance has failed, the customer have the choice after the statutory provisions to lower the payment (decrease), to retract the contract (resignation), to require a compensation or a reserve of the useless charge. Whatever the customer chooses compensation or a reserve of the useless charge the restrictions of liability are valid after §9 of these GTCT.
On new items with faults the period of limitation for the rights of the consumer amounts 2 years, for the rights of a retailer 1 year after delivery of the product.
On used items with faults the period of limitation for the rights of the consumer amounts 1 year from delivery, unless, the fault claims are excluded in accordance with the following provisions of a contract (see below: Sales (7)).
With these periods linked limitation relief’s are not valid, as far as DIGITTRADE vouch after §9 of these GTCT or it is about the right in rem of a third party on account of which the publication of the object of delivery can be required.
Used things can show signs of wear typical for age and wears. Compared with retailers the claims and rights are excluded with the sales of used items because of faults; this is also valid for faults which have originated after conclusion of the contract and before passing of risk. However, this guarantee exclusion is not valid, as far as DIGITTRADE vouch after §9 of these GTCT or it is about the right in rem of a third party on account of which the publication of the object of delivery can be required.
Retailers have to indicate evident defects in written form within 2 weeks from reception of the product under the above contact information; otherwise the assertion of the guarantee claim is excluded. For the period protection the timely sending of the fault information is enough.
DIGITTRADE gives basically no own guarantees; declarations of guarantee of third party, as for example manufacturer's guarantees, remain untouched from this.
§ 8. Right of return and results
A right of return is entitled according to the regulations about distant sales contracts concerning the purchased articles to consumers in accordance with the following instruction:
The consumer can return the receipted product without giving any reasons within two weeks by return of the product. The period begins at the earliest with reception of the product and this instruction. Only with products they are not ready to send (e.g. with unwieldy goods), the return can be also explained by taking back desire in text form, so, e.g., by letter, Fax or E-Mail. For the observance of a time limit it’s enough to send the product back timely or to inform about the return aim. In every case the return follows at the costs of and danger of DIGITTRADE. The return or the taking back desire has to follow:
06179 Teutschenthal / Germany
fax: +49 (0)345 - 6138697
The right of return passes accordingly §312 paragraph 4 German civil codes, among the rest, not with contracts
- for the delivery of the goods which are made after customer's specification or are cut unambiguously on the personal demands or are not suitable on account of her state for a return or can go bad fast or whose expiry date would be crossed;
- for the delivery of audio or video recordings (among other things also CDs or DVDs) or from software, provided that the delivered data carriers have been unsealed by the consumer or
- for the delivery of newspapers, magazines and pictorials.
In case of an effective return the services received on both sides have to refund back and if necessary useful objects (e.g., use advantages) are to be given out. With a deterioration of the product value substitute can be required. This is not valid if the deterioration of the product is to be led back exclusively on their audit - as it would have been possible to the consumer possibly in the retail shop. For the rest, you can avoid the value liability to pay damages, while you do not take the case like an owner in use and omit from everything what affects their value.
For the case of a return to refund return shipping costs. The right of return and his results are valid no matter whether the return follows through the consumer freely or not free; nevertheless, the avoidance of not free returns with linking up cost allowance helps to hold the expenses resulting with DIGITTRADE as low as possible. Besides, the consumer has, without this obligingly for him would be special, the possibility, to get for the return of the product by DIGITTRADE a package sticker in the form of a package label ("Freeway sticker").
§ 9. Responsibility
After the legal regulations DIGITTRADE sticks without limitation for damages from the injury of the life, the body or the health which are based on a deliberate or negligent breach of duty as well as for other damages which are based on a deliberate or roughly negligent breach of duty as well as foul play.
In addition, DIGITTRADE sticks without limitation for the damages which are enclosed by the liability according to compelling legal regulations, as for example to the product liability law.
DIGITTRADE so far this carelessness the injury of such contractual obligations sticks for the damages which are caused by easy or slight negligence concerns whose observance is for the reaching of the contract purpose of special meaning (cardinal obligations). Besides, the liability of DIGITTRADE limits itself to the predictable, immediate average damage typical for contract.
In case of simply or slightly negligent injuries of inessential contractual obligations DIGITTRADE sticks towards consumers, this, nevertheless, limited on the predictable, immediate average damage typical for contract.
A further liability is excluded - without taking into consideration the legal nature of the asserted claim.
§ 10. Final terms
The rights of the Federal Republic of Germany are valid; nevertheless, the regulations of the agreement of the United Nations about contracts of the purchase of international goods (UN option to buy) find no application.
Consumers who doesn’t conclude the contract for professional or commercial purposes this legal choice is only in this respect, as the not lasted protection is valid by compelling regulations of the right of the state in which the consumer has his usual stay, is taken away.
If the customer is a businessman, a legal person of the public law or public law special legal estate, is exclusive jurisdiction for all litigations from this contract the business location of DIGITTRADE. The same is valid if the customer has no place of general jurisdiction in Germany or residence or usual stay is not known at the time of the filing of an action. The competence to go also to the court in another legal jurisdiction remains untouched from this.