TERMS AND CONDITIONS
General Terms & Conditions (as at 15.12.2018)
der MSOfficehandel UG (limited liability)
Jahnstr. 1, 31162 Bad Salzdetfurth
§ 1 Scope and supplier
(1) These General Terms and Conditions apply to all orders you place in the online shop of MSOfficehandel UG (liability limitation), represented by the managing director Faruk Ferizai, JahnstraÃŸe 1, 31162 Bad Salzdetfurth.
(2) The goods on offer in our online shop are aimed exclusively at buyers who have reached the age of 18 and entrepreneurs.
a) consumer means any natural person who enters into a legal transaction for purposes which are predominantly outside his trade, business or profession.
b) Entrepreneur is a natural or legal person or a legal partnership who, upon conclusion of a legal transaction, acts in the exercise of his commercial or independent professional activity.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict or supplement our general terms and conditions is already now contradicted.
(4) The language of the contract is exclusively German.
(5) You can view and print the current General Terms and Conditions on the website https://www.blitzhandel24.de/agb.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking the button [“Order now subject to payment“/ “Buy“] you make a binding purchase offer. Immediately before submission of this order you can check the order again and correct it if necessary.
(3) The offer to conclude a purchase contract is accepted by us within two weeks; if no acceptance is made, the offer to conclude a purchase contract is rejected. The contract is only concluded when the declaration of acceptance is submitted, which is sent by a separate e-mail (order confirmation).
(4) The parties expressly agree that a contract shall also be concluded if the customer pays for the goods via a possible payment service (Paypal), the payment has been accepted by us and an order confirmation has been dispatched by us.
(5) The contractually owed services (goods, price) result from the confirmation of the purchase contract (order confirmation), the concluded contract or the invoice.
(6) The purchase price is immediately due. If and to the extent that we confirm delivery dates in writing, these are concrete delivery dates. Due to the multitude of inconveniences (upstream suppliers, infrastructure, etc.), we shall only be liable for exceeding the delivery date if we have expressly confirmed our liability in writing and individually. The delivery dates are generally binding.
(7) In the event that punctual completion of the order is not possible, you will be informed immediately after we have been informed of the delay or failure to deliver. You have the right to withdraw from the contract and receive a refund for the services already rendered (money).
(9) Services, installation aids or the provision of a copy of the software suitable for installation are expressly not subject matter of the contract. These services are provided by the manufacturer of the purchased software.
(10) User documentation is basically provided by the manufacturer; if this is not the case, we will assist you in obtaining the documentation or make it available to you. In this case, the documentation will only be due in German.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax of currently 19 percent and other price components.
§ 4 Terms of Payment; Default
(1) The payment takes place alternatively by Vorkasse, Paypal or calculation.
a) sp; If you choose prepayment, we will give you our bank details in the order confirmation. After receipt of payment we deliver the goods.
b) sp; When paying with PayPal you have the option: Paypal, direct debit and credit card. In the order process you are referred to the website of the online provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal in L-2449 Luxembourg (PayPal). In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards. You can see the terms and conditions of Paypal here: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE
c) When paying on account, we obtain information about your creditworthiness from a service provider in order to assess our credit risk. You can avoid an evaluation of your creditworthiness by selecting a different payment method. If the evaluation of your creditworthiness is sufficient for us, we will deliver the goods immediately; you pay the invoice conveniently upon receipt of the invoice with a term of payment of 14 days. The possibility to pay on account will be confirmed or rejected by us within 24 hours after receipt of the order.
(2) We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. advance payment only to cover our credit risk.
(3) If you are in default with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of EUR 2.50, unless a lower or higher damage is proven in the individual case.
(4) Further information is available here: https://www.blitzhandel24.de/versand-und-zahlungsbedingungen
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
- Direct bank transfer: Available in Germany, Austria, Sweden and the Netherlands. Your account will be debited directly after placement of your order.
- Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.
- Card Payments: Available in Sweden, Germany and Austria. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.
- [PLEASE ADJUST ABOVE AND BELOW IN ACCORDANCE WITH THE PAYMENT METHODS AND MARKETS USED]
The payment methods Pay in  days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on . Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
§ 5 Offset/Retention Right
(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
(1) Unless otherwise agreed, the goods shall be delivered by
a) providing a link that enables you to download the ordered goods onto the storage medium you have selected;
b) or sending a storage medium;
c) or by providing a number code required to activate the software (product key, installation ID, product ID, etc.).
(2) It is the responsibility of the customer to provide suitable software to enable proper opening, editing and printing of the files and content.
§ 8 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) The statutory provisions shall apply to the warranty, in particular the two-year limitation period in accordance with § 438 para. 1 no. 3 BGB.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications:
- For the quality of the goods only our own information and the product description of the manufacturer are binding, but not öpublic praises and &expressions and other advertising of the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered later from discovery. In the event of a breach of the duty to inspect and to inspect, the assertion of warranty claims shall be excluded.
- In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). In the event of rectification, we shall not be obliged to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, unless such transportation corresponds to the intended use of the goods.
- if the subsequent performance fails twice, you may, at your option, demand a price reduction or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 9 Reservation of title
(1) The goods remain our property until payment has been made in full.
(2) If and to the extent that you have acted as an entrepreneur in the purchase contract concluded with us, we reserve title to the goods until full settlement of all claims arising from the current business relationship.
The customer may resell the reserved goods in the ordinary course of business; all claims arising from this resale shall be assigned to us in advance by the customer in the amount of the invoice amount, irrespective of any combination or mixing of the reserved goods with a new item. We accept this assignment. The customer remains authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations. If the customer acts in breach of contract, we shall be entitled to withdraw from the contract and demand return of the goods.
§ 10 Adhesion
(1) We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.
(2) In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
§ 11 Copyright and rights of use
(1) All digital contents provided by the seller are protected by copyright.
(2) The customer acquires a non-exclusive, non-exclusive, non-transferable right of use for an indefinite period of time exclusively for non-commercial use in accordance with the license terms of the respective manufacturer. The customer shall not be granted any exploitation rights. In particular, he may not distribute the acquired titles digitally or in printed form, in full or in excerpts (§ 17 UrhG), make them publicly available (§ 19a UrhG) or pass them on to third parties in any other form. The right to reproduce (§ 16 UrhG) is limited to acts of reproduction which serve exclusively one's own purposes.
(3) The granting of the rights of use by the Seller is subject to the condition precedent of full payment of the purchase price.
(4) The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
(5) The Seller shall be entitled to personalize individually the digital contents made available for download with visible and invisible markings in order to enable the investigation and legal prosecution of the original Purchaser in the event of improper use.
(6) In the event of unauthorized use of the digital content by the Buyer or a third party, the Buyer undertakes to pay a contractual penalty per act of infringement to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
§ 12 Dispute resolution
(1) The European Commission provides a platform for online extrajudicial dispute resolution (OS platform) which can be accessed at https://www.ec.europa.eu/consumers/odr. You can find our e-mail address in our imprint. We are neither obligated nor willing to participate in the dispute resolution procedure.
§ 13 Concluding provisions
(1) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(2) To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising out of or in connection with contracts between us and you shall be the registered office of MSOfficehandel UG.
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