General Terms And Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Serverhero GmbH) via the Internet site www.serverhero.de. Unless otherwise agreed, the inclusion of any own terms used by you will be contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of goods.
We sell the goods in part or exclusively as a commission agent in our own name on behalf of third parties, i.e. for a third party as the owner of the goods. Contractual partners with all rights and obligations shall be us irrespective of this.
(2)The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You may initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order. This confirmation does not legally represent an acceptance of your offer. A sales contract is only concluded when the invoice is sent. This takes place automatically after the dispatch of the product.
(3) Your inquiries for the preparation of an offer are non-binding for you. We will submit you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that SPAM filters do not prevent it.
§ 3 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not meet your payment obligations properly, we reserve the right, however, to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) If you are an entrepreneur, the following shall apply in deviation from paragraph 1:
a) Only our own details and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public praise or statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of any obvious defects within 7 days of receipt of the goods. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of violation of the obligation to inspect and give notice of defects.
c) In the event of defects, we shall, at our discretion, provide warranty by repair or replacement. If the remedy of the defect fails, you may, at your option, demand a price reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless something else results, in particular, from the nature of the item or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damages attributable to us arising from injury to life, limb or health and to damages or malice caused by gross negligence or wilful intent, as well as to recourse claims pursuant to §§ 478, 479 BGB.
§ 5 Liability
(1) We shall in each case be liable without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our customer information (Part II) and General Terms and Conditions (Part I).
(3) As far as essential contractual obligations are concerned, our liability in case of slight negligence shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which result from the nature of the contract and the breach of which would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on us in accordance with its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which you may regularly rely on.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty shall be excluded.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are neither liable for the permanent nor uninterrupted availability of the website and the services offered there.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. customer information
1. identity of the seller
Server hero GmbH
Toyota Avenue 33
50858 Cologne, Germany
Phone: 02234- 98172250
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. contract language, contract text storage
3.1 The language of the contract shall be German.
3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data within the scope of a binding quotation by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have subjected ourselves to the code of honour of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
5. essential characteristics of the commodity or service
The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.
6. prices and payment modalities
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs is promised.
6.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description.
6.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediately due for payment.
7. terms of delivery
7.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under an appropriately marked button on our website or in the respective item description.
7.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch shall be at your risk.
8. legal liability for defects
8.1 Liability for defects in our goods shall be governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
These general terms and conditions and customer information have been prepared by the lawyers of the dealer association who specialise in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
latest update: 9.05.2016