General Terms and Conditions
1. Scope of Application
1.1 For all business relationships between us (ICT Berlin GmbH) and you as the customer, regardless of whether you are a consumer within the meaning of § 13 of the German Civil Code (BGB), an entrepreneur within the meaning of § 14 BGB or a merchant under the Commercial Code (HGB), the following General Terms and Conditions (GTC) apply in their version valid at the time of ordering.
2. Contract Formation
2.1 Product presentations on the website do not constitute a legally binding offer to conclude a purchase contract. Rather, they are a non-binding invitation to submit offers for the conclusion of a contract. Errors and changes to product presentations are reserved. Product images are exemplary illustrations and may differ from delivered products.
2.2 To conclude a purchase contract, you send us a clearly marked order by fax, email, post or via online contact form.
2.3 We may accept your order within five days by sending you an order confirmation, by delivering the ordered goods to you, or by requesting payment from you after you have placed the order. You are bound by your offer for this period, whereby your statutory right of withdrawal that may exist under Section 5 of these GTC remains unaffected.
2.4 The contract language is German.
2.5 The contract contents result from the order or order confirmation. The contract contents are stored by us.
2.6 If you are an entrepreneur, we reserve the right to resell in the interim.
3. Prices
3.1 The prices stated in our offer apply to delivery, unless the offer is marked with daily prices. In this case, we will provide you with the current price upon request or in the order confirmation. Should the price change from the offer, you can withdraw from your order within 3 working days, whereby your statutory right of withdrawal that may exist under Section 5 of these GTC remains unaffected.
3.2 Costs for deliveries and returns are borne by the customer unless otherwise agreed.
4. Payment Terms
4.1 Payment Methods
We deliver on invoice and by advance payment. Cash payment is not possible. Delivery on invoice is subject to credit check and may be processed via factoring. In the event that the credit check is negative or the factoring service provider refuses to purchase, we reserve the right to demand a down payment even after order confirmation.
4.2 If we have granted you the option to pay on invoice, our invoices are payable immediately and without deductions, subject to other agreements.
4.3 For deliveries of material or partial deliveries according to Section 6 of these GTC, we are entitled to issue a partial invoice immediately after delivery, which is payable immediately and without deductions, subject to other agreements, even if further deliveries or services of the overall purchase contract are still outstanding.
4.3 You are not entitled to set off against our claims, unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert defect complaints or counterclaims from the same purchase contract.
4.4 You may only exercise a right of retention if your counterclaim arises from the same purchase contract.
5. Consumer’s Right of Withdrawal
5.1 Consumers have a statutory right of withdrawal.
5.2 Withdrawal Instructions
Right of Withdrawal
If you are a consumer within the meaning of § 13 of the German Civil Code (BGB), you have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (ICT Berlin GmbH, Lübbenauer Weg 52, 12527 Berlin, Tel. 030/224940-45, Fax-46, Email: [email protected]) by means of a clear statement (e.g., a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day we receive notification of your withdrawal from this contract.
We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any case at the latest within fourteen days from the day you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires.
You bear the direct costs of returning the goods.
You only have to pay compensation for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for examining the nature, characteristics and functioning of the goods.
Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
a) To ICT Berlin GmbH, Lübbenauer Weg 52, 12527 Berlin, Tel. 030/224940-45, Fax-46, Email: [email protected]
b) I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
_________________________________________________________________
c) Ordered on (*) / received on (*)
_________________________________________________________________
d) Name of consumer(s)
_________________________________________________________________
e) Address of consumer(s)
_________________________________________________________________
f) Signature of consumer(s) (only for paper communication)
_________________________________________________________________
g) Date ________________________
(*) Delete as applicable.
5.3 The right of withdrawal does not exist for contracts
a) for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
b) for the delivery of goods that can spoil quickly or whose expiration date would be exceeded quickly.
5.4 The right of withdrawal expires prematurely for contracts
a) for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed;
b) for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
c) for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
6. Delivery Conditions and Delivery Capability
6.1 We are entitled to make partial deliveries, insofar as this is reasonable for you. If we deliver in partial shipments without you requesting this from us, we do not charge an additional transport fee for these additional deliveries.
6.2 The delivery period is approximately 10 working days, unless otherwise agreed. The delivery period begins with the conclusion of the contract or, in the case of agreed advance payment, with the payment credit (purchase price plus VAT and shipping costs). We will inform you immediately of any delivery delays. In mail order sales, we only owe the timely, proper delivery of goods to the transport company and are not responsible for delays caused by the transport company. The statutory transfer of risk in shipping remains unaffected by this provision.
6.3 Delivery is subject to self-delivery. We are not at fault for a delivery delay or delivery failure if we have already concluded a corresponding hedging transaction with our reliable suppliers at the time of acceptance of the offer and we are not supplied ourselves without our own fault. In this case, we will inform you immediately and we have the right to withdraw. With the declaration of withdrawal, we commit ourselves to immediately reimburse you for any counter-performance received.
6.4 If you are a consumer, we ask you to examine the goods immediately upon receipt for transport damage and to report this to the delivery service and to us. This examination and notification is essential for asserting our claims against the delivery service, but failure to do so has no effect on your warranty rights.
7. Retention of Title
7.1 The goods remain our property until full payment.
7.2 As an entrepreneur, you are entitled to resell the goods in ordinary business transactions. In this case, you assign to us any claims against the recipients of your services arising from the resale. You are entitled to collect these claims until we revoke this right (so-called extended retention of title).
7.3 If you are an entrepreneur, our retention of title also extends to goods delivered under retention of title (reserved goods) from other purchase contracts of the business relationship until all claims are settled (so-called expanded retention of title).
7.4 If the value of the reserved goods and/or assigned claims exceeds the value of the secured purchase price claims by more than 20%, you are entitled to demand from us the release of reserved goods or release of claims up to this value limit. We are entitled to determine the goods or claims to be released.
8. Terms of Use and Intellectual Property
8.1 In many cases, certain articles (e.g., software) are subject to additional terms of use by the manufacturer beyond our conditions. By opening the sealed packaging or putting it into use, you acknowledge these conditions and are liable for any damage resulting from violations.
8.2 Product names, logos and images may be the property of third parties and may not be used without permission.
9. Warranty
9.1 Consumers are entitled to statutory warranty claims.
9.2 If you are an entrepreneur, we provide subsequent performance in the event of a defect at our choice through replacement delivery or repair. We are entitled to make the owed subsequent performance dependent on your payment of the due purchase price. However, you are entitled to retain a reasonable portion of the purchase price in relation to the defect.
9.3 If you are an entrepreneur or if it concerns used goods, the warranty period within which material and legal defects must appear to establish our liability is one year from delivery of the goods. This limitation does not apply to claims for damages under the Product Liability Act, for maliciously concealed defects, for quality guarantees, for injury to life, body or health, or for intentional or grossly negligent breaches of duty by us or our vicarious agents, each of which is subject to the statutory limitation periods.
10. Liability
10.1 Customer claims for damages, in particular for lost profits and indirect or other consequential damages and consequential damages, are excluded. The same applies to loss or damage to data storage material. Excluded from this are customer claims for damages from injury to life, body, health or from violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Cardinal obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the contracting party regularly relies and may rely.
10.2 In case of violation of cardinal obligations, the provider is only liable for typical, foreseeable contractual damage if this was caused by simple negligence, unless it concerns customer claims for damages from injury to life, body or health.
10.3 The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider when claims are made directly against them.
10.4 The liability limitations resulting from paragraphs 1 and 2 do not apply insofar as we maliciously concealed the defect or assumed a guarantee for the quality of the item. The same applies insofar as we have made an agreement with you regarding the quality of the item. The provisions of the Product Liability Act also remain unaffected.
10.5 For services of third parties obtained through the contractor, in particular cloud-based services, only the providing service provider is liable. Liability of the contractor is excluded.
11. Applicable Law, Jurisdiction and Consumer Dispute Resolution
11.1 Insofar as you are an entrepreneur, the place of performance for all mutual obligations under the contract is Berlin.
11.2 German law applies excluding UN sales law. Towards consumers, this regulation applies subject to mandatory legal provisions of the country in which you have your habitual residence and from where you concluded the contract. The regulations according to Section 5 and choice of law do not apply with regard to the right of withdrawal towards consumers who do not belong to a member state of the European Union at the time of contract conclusion and whose sole residence and delivery address are outside the European Union at the time of contract conclusion.
11.3 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all possible disputes from the business relationship between us is Berlin. We are also entitled to sue at your place of business. Mandatory legal provisions regarding exclusive jurisdictions remain unaffected by this regulation.
11.4 The EU Commission provides consumers with a platform for out-of-court dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. We are neither willing nor obligated to participate in a consumer dispute resolution procedure. However, in case of any disagreements from our contract with you as the customer, it is always our goal to resolve these directly with you, quickly and amicably.
11.5 Should individual provisions of these GTC be wholly or partially legally ineffective, this shall not affect the validity of these GTC in other respects.
Service address:
ICT Berlin GmbH
Lübbenauer Weg 52
12527 Berlin
Commercial Register: HRB 221939 B
Register Court: Local Court Charlottenburg
Managing Directors: Franz Finsch, Florian Staske
Contact
Phone: +49 (0) 30 / 224 940 – 45
Fax: +49 (0) 30 / 224 940 – 46
Email: [email protected]
VAT identification number according to § 27a of the German VAT Act: DE334912658
Status: 01.10.2020