Terms and Conditions

§1 Scope of term definitions and customer terms and conditions

1. 1. These General Terms and Conditions (hereinafter referred to as “GTC”) are part of all purchase contracts, license agreements, agreements and offers that are concluded between us and the customer. They are deemed to be acknowledged at the latest when the order is placed or the delivery is accepted by the customer.
   2. Consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither part of their commercial nor their independent professional activity can (§ 13 BGB).
      Entrepreneurs within the meaning of these terms and conditions are, in accordance with § 14 BGB, natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are in the exercise of a commercial or independent professional activity.

      When reference is made to “customers” within the scope of these General Terms and Conditions, this refers to both entrepreneurs and consumers, unless separately clarified.

   3. We expressly object to contractual conditions or other general terms and conditions of our customers that deviate from, contradict or supplement our General Terms and Conditions. Even if we take note of these other conditions, they will not become part of the contract unless we expressly agree to their validity in text form.

§2 Conclusion of a contract, storage of the contract text

1. 1. The following regulations regarding the conclusion of the contract apply to orders via our internet shop https://acaris.net
   2. If the contract is concluded, the contract is closed with:
      ACARiS GmbH
      Dr. Arne-Rasmus Draeger
      Ludwig-Erhard-Straße 18
      D-20459 Hamburg
      Registernummer HRB 156700
      Registergericht Amtsgericht Hamburg
   3. The presentation of the goods in our online shop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract.
   4. When an order is received in our online shop, the following regulations apply:
      The customer submits a binding contract offer by successfully completing the ordering procedure provided in our online shop.
      The order is placed in the following steps:
      1. Selection of the desired goods
      2. Confirm by clicking on the “Order” button
      3. Checking the information in the shopping cart
      4. Press the “checkout” button
      5. Login to the online shop after registering and entering the registration information (email address and password)
      6. Re-checking or correcting the respective data entered
      7. Binding dispatch of the order by clicking the “order for a fee” or “buy” button
   5. Before the order is bindingly sent, the customer can go back to the website on which the customer’s information is recorded and correct any input errors by pressing the “Back” button in the Internet browser he is using and after checking his details Closing the internet browser cancels the ordering process.
      We confirm receipt of the order immediately by an automatically generated email (“confirmation of receipt”).

      However, a contract is only concluded when we accept the customer’s order in text form (e.g. by email) or deliver the goods to the customer.
      We are not obliged to accept a customer’s offer.< br>
      If we have not declared acceptance of the customer’s order in text form or made the delivery within 3 working days, the customer is no longer bound to his order. Subsidiary agreements are only effective if we have confirmed them in text form (e.g. by email).

   6. Storage of the contract text for orders via our online shop: We will send you the order data and our general terms and conditions by email.
      You can view the general terms and conditions at any time at https://www.acaris.net/agb/
      For security reasons, your order information is no longer accessible via the Internet.
   7. Costs for the use of long-distance communication means
      There are no separate costs for concluding the contract. The user only bears the usual costs for the connection to the Internet.

§3 Prices, shipping costs, payment, due date

1. All prices stated are in euros and include statutory sales tax and other price components.
   In addition, there are any shipping costs. If you take out a subscription, the total costs incurred per billing period will be stated.
   The respective prices at the time of the order apply.
2. The customer has the option of paying as follows:
   – by advance payment,
   – Credit card (Visa and Mastercard)
   – SEPA direct debit
   – PayPal
   – on account (only possible for entrepreneurs)
3. If the customer has chosen to pay in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.
   Default in payment occurs after a period of 14 days after receipt of the invoice and after receipt of the goods.
   The customer is not in default as long as our service fails due to a circumstance for which the customer is not responsible.

§4 Delivery

1. Delivery times are only binding for us if expressly stated.
2. In the case of payment in advance, the delivery period begins on the day after
   Payment order to the bank responsible for the transfer and for all other payment methods to run on the day after the contract is concluded. If the end of the period falls on a Saturday, Sunday or a public holiday at the place of delivery, the period ends on the next working day.

§5 Transfer of risk and transport costs

1. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration passes to the customer when the goods are handed over or accepted. The handover is deemed to be the same if the customer defaults on acceptance. We only bear the transport risk if the delivery is delivered “free of charge”.
2. The general legal provisions apply to customers who are consumers with regard to the transfer of risk.

§6 Obligation to give notice of defects, transport damage [only relevant for entrepreneurs]

1. If the customer is an entrepreneur, he is obliged to inspect the goods received from us immediately upon receipt and, if a defect becomes apparent, to report this to us immediately in writing, at the latest within one week of receipt of the delivery item. to display. If the customer fails to make such a report, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection.
2. If such a defect according to paragraph 1 later becomes apparent, the customer, who is an entrepreneur, must notify us of this in writing immediately after discovery, otherwise the goods are deemed to have been approved even in view of this defect.
3. To maintain the aforementioned rights, it is sufficient for the customer to send the notification in a timely manner.
4. The provisions of paragraphs 1 and 2 do not apply if we have fraudulently concealed a defect.

§7 Grant of rights upon subscription; Notice periods, deletion of data

1. If the customer takes out a subscription to software from us, he thereby acquires the right to use it during the period To use the contract term and gain access to your data. The customer is not entitled to use this software or the to resell, distribute, lend, reproduce or make publicly accessible the access granted and/or further license. Changes to the software itself are also not permitted. 1. Only for this type of use mentioned in Section 7 Paragraph 1 will the customer be granted a time limit for the term of the contract limited, simple right of use granted.
2. Both the customer and we are entitled to cancel the subscription with a notice period of two working days to the end of the month quit. The termination must be made in text form (e.g. by email). This means that they expire at the time of termination granted rights.
3. In the event of termination of the subscription, we are entitled to delete all data belonging to the customer’s account Delete content unless otherwise agreed with the customer. We have no retention or storage obligations Obligations to release data or content.
4. If our offer is no longer operated, we are also obliged to delete all content and data of the customer justified. In this case, there are also no retention or release obligations.
5. The right to terminate the contract for good cause remains unaffected for both the customer and us.

§8 Downloads

1. There was no requirement for access or use of the software provided as part of the subscription unusual system requirements (hardware or software), unless this is specifically highlighted. It All you need is modern end device equipment, including an Internet connection and a standard Internet browser.
2. We are not liable for disruptions or errors in the use of the software or access caused by technical errors or insufficient technical equipment on the part of the customer.

§9 Warranty, statute of limitations

1. If there is a defect, we are at our discretion to provide a customer with subsequent performance in the form of Elimination of defects or replacement delivery (delivery of a defect-free item). In the event of remedying the defect, we are obliged to cover all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor costs. and material costs to be borne.
2. If the defect is eliminated, we are entitled to a refund with regard to the valuable parts of the work that are within the scope were replaced during the repair. In the event of a replacement delivery, we are entitled to replace the defective item that has already been provided to demand work from the customer.
3. If there is a defect, the customer is entitled, at his discretion, to declare withdrawal or a corresponding declaration to demand a reduction in the purchase price (reduction) if one of the following cases applies: – our subsequent fulfillment failed,
   – subsequent fulfillment by us is no longer (or no longer) reasonable for the customer,
   – We refused the type of supplementary performance due to disproportionately high costs within the meaning of Section 439 Paragraph 3 of the German Civil Code (BGB),
   – we have seriously and definitively refused further service,
   – we did not provide a service on a date specified in the contract or within a period specified in the contract, although the service was performed on time or on time after the customer notified us before the conclusion of the contract or due to other circumstances accompanying the conclusion of the contract for the customer is essential, or
   – If we do not provide a service in accordance with the contract, there are special circumstances that need to be taken into consideration by both parties Interests justify the immediate withdrawal by the customer.
4. If we do not provide a customer with a service that is due or do not do so in accordance with the contract, the customer is without a separate obligation Setting a deadline entitles us to demand compensation if we have seriously and definitively refused performance or there are special circumstances that require the immediate assertion of the right, taking into account the interests of both parties justify a claim for damages.
5. Warranty claims of the customer, who is an entrepreneur, expire within twelve months, calculated from delivery the goods. A two-year warranty period applies to customers who are consumers, starting from delivery Goods.

§10 Limitation of liability

1. In the event of breaches of duty by us, our liability is limited to intent and gross negligence. These limitations of liability also apply in the event of breaches of duty by our legal representatives and/or our vicarious agents.
2. The limitations and exclusions of liability in paragraph 1 of this section do not apply:
   – in the event of damage resulting from injury to life, limb or injury for which we or our vicarious agents are responsible Health (personal injury),
   – in the event of a delay on our part, provided a fixed delivery date has been agreed,
   – in the event that a guarantee is given for the quality or the existence of a performance success or in the case of Assumption of a procurement risk,
   – for claims arising from the product liability law,
   – in the event of a breach of cardinal obligations (essential contractual obligations).
   This includes the damage that we incur through simple negligent breach of such contractual obligations, the fulfillment of which requires the proper implementation of the contract is made possible in the first place and compliance with which the customer regularly trusts and can rely on.
3. Unless there is a case according to paragraph 2 of this section, the liability of us and our vicarious agents is limited to slight negligence The amount of breaches of duty is limited to the foreseeable and contract-typical damage. We are therefore not liable for damages that we did not have to foresee when concluding the contract as a possible consequence of the breach of contract. We are also not liable for damage that did not occur to the delivery item itself; In particular, we are not liable for lost profits.

§11 Prohibition of offsetting, limitation of the right of retention

1. The customer is only entitled to set-off rights if his counterclaims have been legally established, are ready for decision, are undisputed or recognized by us.
2. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same Contractual relationship is based.

§12 Retention of title

1. We reserve ownership of the goods until the purchase price has been paid in full. Subscriptions: The hardware remains the property of ACARiS until the The minimum term of a subscription has expired and all monthly or annual installments were paid by the customer. After the minimum term and Upon receipt of all payment, title to the hardware goes to the Customers about.

 

§13 Right of withdrawal of the customer as a consumer:

Right of withdrawal for consumers

Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who is a concludes legal transactions for purposes that are predominantly neither commercial nor independent professional Activity can be attributed to:

Cancellation policy

Right of withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the goods.

To exercise your right of withdrawal, you must contact us

 

Inform us about your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.

 

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs arising from you choosing a method of delivery other than that offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods.

End of cancellation policy

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§14 Cancellation form

Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)

 

(*) Strike out what is not applicable.

 

§15 Expiry of the right of withdrawal

1. If the consumer gives us his consent before or at the conclusion of the contract that before the end of the cancellation period If access to the software or a comparable paid offer is started, he loses his right of cancellation.
   The The consumer must confirm that he is aware that, by giving his consent, he will be in full performance of the contract Right of withdrawal is lost.

§16 Contract language

1. The only contract language available is German.

§17 Customer service

Our customer service for questions, complaints and complaints is available on weekdays from
10:00 a.m. to
5:00 p.m. at

 

available
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§18 Applicable law, place of jurisdiction, severability clause

1. The law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law The exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or whose place of residence or habitual abode at the time of The filing of the lawsuit is not known. Otherwise, the statutory provisions apply.
3. If individual provisions of these General Terms and Conditions are or become ineffective in whole or in part, This does not affect the validity of the remaining provisions.

§19 Information about the EU dispute resolution body for consumers

1. The European Commission, based on EU Regulation No. 524/2013, which has been in force since January 6th, 2016 (according to Art. 14 Paragraph 1 ODR-VO) provides a platform for online dispute resolution (OS). This creates the possibility of an out-of-court solution Disputes between an entrepreneur and a consumer. The platform can be found via the following link: http://ec.europa.eu/consumers/odr

§20 Dispute resolution for consumers

We are not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.

Due to the legal obligation, we still refer consumers to the consumer arbitration board responsible for them go:
General consumer arbitration board of the Center for Arbitration e. V.
Straßburger Str. 8
77694 Throat
Homepage: www.verbraucher-schlichter.de

Terms and conditions as of April 2024