General Terms and Conditions of teXXmo Mobile Solution GmbH & Co. KG, Otto-Lilienthal-Straße 36, 71034
Böblingen ("teXXmo"), Tel .: 07031/714850, E-Mail: email@example.com. HRA No. 242749, Stuttgart District Court,
VAT ID: DE814545496.
§ 1. General
teXXmo supplies and provides exclusively on the basis of these General Terms and Conditions. All agreements that include an amendment or supplement to these terms and conditions, in particular conflicting terms and conditions, as well as special agreements must be recorded in writing. Declarations made by teXXmo representatives or assistants are only binding if teXXmo gives their written consent for this. These general terms and conditions as well as any supplementary agreement are exclusively subject to the law of the Federal Republic of Germany, excluding the validity of the UN Sales Convention, unless otherwise compulsory. If the purchaser is a merchant within the meaning of the Commercial Code or a legal person under public law or if he has no general place of jurisdiction in Germany, all disputes arising in connection with the execution of this contractual relationship shall be settled
arise, Stuttgart agreed as place of jurisdiction.
§ 2 Privacy
§ 3 Prices
Prices quoted by teXXmo are market prices plus applicable statutory VAT. VAT. teXXmo expressly reserves the right to adjust the prices. Deliveries and services of teXXmo are made at the prices and conditions of the order confirmation in writing. The prices quoted are binding. Unless otherwise agreed in individual cases, the prices are quoted ex warehouse of teXXmo. Unless otherwise agreed, payments are to be made within 30 days net without any deduction from the invoice date. teXXmo is entitled, in commercial business after maturity, otherwise in default of payment, interest acc. §288 (2) BGB at the rate of 9% (for consumers 5% according to § 288 (1), BGB) above the respective legal basic interest rate.
§ 4 Delivery dates
The delivery times stated in the order confirmation are approximately times. Delivery by teXXmo is subject to the proviso that teXXmo itself is supplied correctly and on time and is not responsible for the lack of availability of the goods. Damages for non-performance, the buyer may demand even after setting a deadline with a threat of refusal only if the delay was based on intent or gross negligence or in the case of slight negligence on the breach of essential contractual obligations. In the event of delivery delays due to force majeure, teXXmo is entitled to make up the delivery after elimination of the impediment. However, either party may withdraw in whole or in part from a contract concluded if any of the above events results in a delivery delay of more than six months beyond the agreed period. Further claims of the contracting parties are excluded. The teXXmo is entitled to partial deliveries. If the Buyer terminates for a reason for which teXXmo is not responsible, the Buyer shall, upon request of teXXmo, be obligated to pay either a compensation of 15% of the basic price for the corresponding product or the damage actually incurred. The buyer has the right to prove that teXXmo has suffered less damage than claimed. The buyer can only exercise a right of retention for counterclaims that are based on the same contractual relationship. In the case of ongoing business relationship, each individual order is considered a separate contractual relationship. A set-off against claims of teXXmo is only permitted with undisputed or legally established claims.
§ 5 Transfer of risk
The risk passes to the buyer upon delivery of the goods by teXXmo to a transport company.
§ 6 Retention of title
All deliveries of teXXmo are subject to retention of title. If the buyer is a merchant, ownership of the delivered items and rights ("reserved goods") shall only pass to the buyer upon receipt of all payments from the current business relationship. The buyer is not entitled to pledge the goods subject to retention of title prior to the transfer of ownership or assign or process them for security or to redesign them. The buyer shall receive the delivery items until the transfer of ownership to him in the condition in which they were delivered and to stand for any damage, alteration or loss. The contracting party undertakes to inform teXXmo in the event of imminent seizure or other measures that could endanger our property. If maintenance and inspection work is required, the buyer must carry this out regularly at its own expense. During the period of retention of title, the buyer shall insure the reserved goods at his own expense against loss or damage, in particular by fire, water, burglary or theft. The buyer hereby assigns his insurance claims. teXXmo accepts this assignment and declares the assignment to the buyer, provided that it becomes effective as soon as the retention of title has expired.
§ 7 Warranty
The warranty of teXXmo is made within the warranty terms of the respective manufacturers of the delivered products. If the item is defective, teXXmo has the right to repair or replace the product (supplementary performance). The costs for the return to teXXmo are borne by the buyer. Exchanged parts become the property of teXXmo without compensation. The buyer has to report obvious defects immediately, at the latest within 14 days in writing; otherwise the assertion of warranty claims may be excluded. After two failures of the Nacherfüllung the buyer is entitled in principle to demand at his discretion reduction of the remuneration (reduction) or rescission of the contract (resignation). If the buyer chooses to withdraw from the contract after failed remedy, he is not entitled to any claim for damages due to the defect. In the case of insignificant defects, the supplementary performance right as well as the withdrawal are excluded. The Buyer 's warranty rights shall lapse if there is a defect based on the fact that the Buyer or a third party has modified, improperly used or repaired products without the consent of teXXmo or if products have not been installed, operated and maintained in accordance with the teXXmo and / or manufacturer guidelines , In principle, only the product description of the manufacturer is agreed as condition of the goods. Public statements, suggestions or advertising of the manufacturer do not constitute a contractual description of the quality of the goods. The warranty period is 12 months from delivery of the goods (3 months for batteries / rechargeable batteries), unless otherwise required by law. Decisive is the date of the delivery note. For repairs and replacement parts, the warranty period is 6 months from the delivery note date, unless the remaining period of the regular warranty period
Goes beyond it.
§ 8 claims for damages
teXXmo is liable without limitation for intentional or grossly negligent damages. teXXmo is also liable for the culpable violation of essential contractual obligations. In such cases the damages are limited to the contractually typical and foreseeable damage. teXXmo is not liable for the recovery of data, unless the teXXmo caused their destruction by gross negligence or intent and the buyer has ensured that this data can be reconstructed from data that is kept in machine-readable form at a reasonable cost. For the rest, a liability of teXXmo is excluded. The above exclusion also applies to employees and vicarious agents of teXXmo. Any claims for damages become time-barred within a period of 12 months from delivery of the goods. Decisive is the date of the delivery note.
§ 9 Software
TeXXmo software as well as third party software supplied by teXXmo (software developed by a teXXmo independent software supplier) and the related documentation and subsequent additions shall grant the purchaser a non-exclusive right of use for personal or business purposes Computer system granted. All other rights to the software and the documentation including the copies as well as subsequent additions remain with teXXmo or the software supplier. Sublicensing is not permitted. The buyer must ensure that this software and documentation are not accessible to third parties without the prior written consent of teXXmo and / or the manufacturer of the software. In principle, copies may be made within the framework of applicable legislation and in accordance with the provisions of teXXmo and / or the manufacturer of the software. The transfer of software source code requires a special written agreement. Unless otherwise agreed, the right of use applies in each case with order confirmation and delivery of the software, documentation and subsequent additions as granted. Personalized software is excluded from return and exchange.
§10 Property Rights
The buyer undertakes to ensure strict compliance with the license, copyright and patent rights, including by his employees, third parties and vicarious agents. In case of disregard teXXmo excludes any liability.
§ 11 export regulations
In case of export of the products, the buyer will observe the German and US and other applicable (re-) export regulations and also inform his buyers that in the case of (re-) export the aforementioned export or import regulations apply.
§ 12 Note on the return of batteries / rechargeable batteries
Batteries may not be disposed of with household rubbish. You can do this by handing out your old batteries free of charge at public collection points in your community or wherever you sell batteries. Contaminated batteries are marked with a symbol consisting of a crossed-out wheeled bin and the chemical symbol (Cd, Hg or Pb) of the heavy metal that determines its classification as pollutant. The sign "garbage bin" means: Batteries and rechargeable batteries must not be disposed of with household waste. The signs under the garbage bin stand for:
Pb: Battery contains lead
Cd: battery contains cadmium
Hg: battery contains mercury
§ 13 Note on disposal of electrical and electronic equipment
Electrical and electronic equipment must not be disposed of with household waste. You can hand in your old electrical appliances for free at one of the municipal collection points.
§ 14 Final Provisions
If any provision of these terms and conditions or a contract be or become void, the remaining provisions of the terms and conditions or the contract remain effective. In this case, the contracting parties undertake to replace the ineffective provision by an agreement of equal legal and economic content. In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.
Place of fulfillment: Böblingen
Special provisions online store
§ 15 conclusion of contract
The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
Product illustrations are exemplary illustrations and may differ from the products supplied. By clicking on the button "Order now" you are making a binding purchase offer (§ 145 BGB).
After receipt of the purchase offer, you will receive an e-mail confirming that we have received your order (acknowledgment of receipt). A contract does not come about through this confirmation of receipt yet.
A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation), or when we send the goods to you without prior express acceptance.
teXXmo Mobile Solution GmbH & Co. KG