General Terms and Conditions
1. Preliminary Note
1.1 These General Terms and Conditions apply to all deliveries of goods and services (loose-leaf book, additional deliveries, tables, brochures, software (download, CD-ROM, DVD), online-products and others) of globalerp.de gmbh.
1.2 For services, which are provided as so called ‘Software as a Service’ (SaaS), separate terms and conditions apply.
2. Contract Conclusion
2.1 Deliveries of Goods
2.1.1 With his order customer submits a binding offer to conclude a contract. Contract is only concluded in case of explicit order acceptance or in case of delivery of goods. globalerp gmbh archives electronically contract text after its conclusion and can be accessed by customer, if desired.
2.1.2 In case of electronic purchase orders via internet we acknowledge receipt automatically. This acknowledgement does not constitue a binding acceptance like line 2.1.1.
2.1.3 If available delivered goods or service will immediately be dispatched or provided. We reserve the right to refrain from purchase order’s execution, if goods or service are no longer available. In this case you will be informed about unavailability. Certain resp. fixed delivery times have to be agreed in writing. If order is effected online estimated delivery date will be indicated in order quotation.
2.1.4 All loose-leaf editions and software programmes are up-to-date upon delivery. In order to keep loose-leaf editions and software up-to-date, customer has to automatically participate in contractual maintaining-/update service as to product description. Extent and price of each service corresponds to quotations in current price liste.
2.2.1 Contract is concluded by allowing access to online-product as to line 2.1.2 after registration and selection of online-product.
2.2.2 On conclusion of contract customer is granted the non-transferable and non-exclusive usage right to the online products being object of the contract. It is limited to usage rights stated under line 8.
2.2.3 Customer’s access to online-products via internet is password protected. The customer is obligated to keep his access data and passwords secret and to protect from unauthorised use by third parties. The user has to immediately inform globalerp gmbh of the loss of his access data or his password or of the suspicion of the abusive use of his data by third parties. globalerp gmbh is authorized to lock users access to the online-products in case of abuse. Customer is liable in case of misusage he is being responsible for.
2.2.4 globalerp gmbh strives to assure a permanent access to the online products. In this case permanent means 24 hours a day 365 days a year. The availability at any time is expressly not guaranteed. In particular due to technical reasons as e.g. necessary maintenance- and repair requests access may be temporarily be restricted.
3. Approval period/Test phase
3.1 If in order quotation an approval period/test phase is indicated (e. g. “Test for 4 weeks. Free of charge!” or the like), customer has an order-depending approval period/test phase (of e. g. 4 weeks) when ordering loose-leaf editions, software (CD-ROM, DVD) and online-products. During approval period/test phase customer has the opportunity to extensively test ordered loose-leaf editions, software (CD-ROM, DVD) and online-products.
3.2 If in order quotation an approval period/test phase is indicated this applies independently from legal right of withdrawal for consumers (s. line 5).
4. Terms of payment
4.1 Invoices are payable without deduction after the due date – in general after receipt; in case of first purchase after expiry (line 3). In case of direct debit invoice amount is booked from customer’s account. Invoices and reminders are issued automatically, they can be sent to customer by mail, fax or e-mail.
4.2 Delivery is executed at actual gross price (net price plus legal VAT). Products’ prices are subject to change even with existing subscription-/update-services. This right to adjust prices especially applies for provable increases in material-, dispatch- and labour cost.
4.3 Customer is not entitled to withhold payments, unless he has the legal right out of contract of retention. The offsetting is allowed only if claim being set off is uncontested and legally binding.
4.4 All deliveries are executed at customer’s cost. The actual delivery charges can be found in order quotation.
5. Cancellation instruction for private end consumer
5.1 Right of withdrawal
You may revoke your contractual declaration within two weeks without indicating any grounds in text form (e.g. by letter, fax or e-mail)or – if goods have been provided for use before expiry of deadline – you can revoke by returning the goods. The withdrawal period starts when this information is received in writing, but not before goods have reached recipient(in case of repeated deliveries of similar goods, not prior to the receipt of the first partial delivery), and we have fulfilled our duty of information according to § 312c sec. 2 BGB in conjunction with § 1sec. 1, 2 and 4 BGB-InfoV as well as our duties pursuant § 312e sec. 1 item 1 BGB in conjunction with § 3 BGB-InfoV. The timely sending of the revocation or the return of the goods constitutes compliance with the revocation notice period.
The revocation must be sent to:
5.2 Effects of revocation
In case of a valid cancellation, it is necessary to grant back any goods that any of the parts have received as well as any gained profits, where appropriate (i.e. benifits of use/interests). Should you not grant back the received goods – or just part of it – or only in bad conditions, you will have to compensate us for any deterioration in value. This does not apply to the provision of goods when the deterioration of the goods can be exclusively attributed to their inspection – comparable to the inspection of goods common to purchasing in a retail shop. Furthermore, you can avoid the obligation of recompensation for any deteriorations due to a proper use of the goods by not using them as your possession, and by refraining from doing anything that may penalize their value. Goods to be returned are to be sent on your cost and risk.
5.3 Special notes
Your right of revocation concerning services lapses prematurely if your contractual partner has started to perform the services before the end of the term of notice or if you if you have arranged for the services to be commenced.
5.4 The end of the right of withdrawal
6.1 A contract for regular delivery of unstipulated duration can be cancelled at any time,with immediate effect for the future, as long as there is no particularly agreed cancellation period.
6.2 If a minimum subscription-/minimum service period is agreed, contract period automatically extends after expiry of minimum subscription-/minimum service period by period indicated in order quotation, by 1 year at the latest.
6.3 In case of cancellation of contract with agreed period of notice or minimum useful life customer is entitled to the contractually agreed services until contractual maturity.
6.4 Every termination notice must be made in writing (by mail, fax, e-mail). A refusal of acceptance or disuse of deliveries is not deemed to be cancellation of contract. If notice of cancellation is not received in time, duration of contract will automatically extend.
7. Reservation of propietary rights
7.1 All deliveries of goods remain property of seller untill full discharge of all payment obligtions by byer.
8. Copyrights and Rights of use
8.1 Software of product line bertaplus und berta are subject to protection of copyright law (Calculation programmes as per §§ 69a ff. copyright law, database-products as per §§ 4 line 2, 87a line 2, 69a ff. copyright law).
8.2 On conclusion of the contract the customer is granted the non-transferable and non-exclusive usage right to software being subject of contract, which is limited on uses discribed below – in case of information-/database-products only for period of agrre service life.
8.3 Software (berta and bertaplus)
8.3.1 The customer has the right to use software in , die Software im within the scope of the contract (number of purchased licences, period of usage right). Peroid of usage right depends on respective offer.
8.3.2 Customer is entitled, to use software for his own purposes;the die unentgeltliche oder entgeltliche Nutzung der Software im Auftrag Dritter und die Weitergabe hieraus resultierender Recherche- bzw. Berechnungsergebnissen an Dritte ist nicht gestattet. Die Software darf pro Lizenz nur durch das im Kaufvertrag genannte Unternehmen, sowie dessen Verbundene Unternehmen genutzt werden.
8.3.3 In case of contract für a network version/multiple license the customer is authorized, to use software by a nuber of persons according to number of purchased licenses.
8.3.4 Customer is entitled to install software on his hard disc and to use it as well as to back up copies from CD-ROM, DVD or from download, which however may not be used at the same time as the the original. Customer is not entitled to make copies of software, unless copies are for back up purposes and are only used for this purpose. Furthermore he may not reproduce software components, accompanying illustrations, the handbook, accompanying texts or documentation belonging to the software by means of photocopying or microfilming, electronic storage or by other procedures, nor may he sell sell or rent the software and/or the documentation belonging with it, nor grant sublicenses to third parties or put these at their disposal in any other way. The customer is not authorised to pass on to third parties transfer admissions and/or passwords for the product or for database access connected with the product. The customer is not authorised to change, modify, adapt or decompile the software and/or the documentation belonging to it whether wholly or partially insofar as this exceeds the restrictions of §§ 69d section 3, 69e of the copyright law.
8.4.1 The database is protected by copyright as database (§ 4 section 2) and as databases (§ 87a ff. UrhG). Furthermore the individual documents are protected by copyright (§ 2 UrhG). The customer is authorized to use information -/database – and online products in customary extent necessary for his needs within limits of § 87b UrhG. In case the actual use effects our legitimate interests in an unreasonable way, we are entitled to limit or deny access on database. This applies in particular for the copying, distribution or communication to the public of essential components or the repeated and systamatical reproduction, distribution or public communication and access of insignificant components of database. All following not expressly listed copyright, right of use or other protection rights to the information -/database-products remain with us as proprietors of all property and protection rights.
8.4.2 The customer acquires the right to access the information-/database- products from every computer, which is suitable for this purpose. The duration of this usage right depends on the agreement as stipulated in the contract, the customer will be informed of this at the beginning of the contract and expires with termination of contractual relationship.
8.4.3 The customer undertakes to use information-/database -products only for its own purposes and not to allow third parties access to information-/database- products neither free of charge nor in return of payment.
8.4.4 The customer is not allowed to change copyright notes, registration/trademarks and/or ownership specifications of the products.
9.1 Goods and services are regularly produced with the expected care, revised and updated. When using goods deliveries and services, it should always be noted that notwithstanding every precaution and care, a change in the law or jurisdiction could make a modification necessary. Complaints have to be made immediately in written (letter, fax or e-mail) to globalerp gmbh.
9.2 Within the legal warranty it is possible to demand rectification or replacement delivery.
9.3 Any further claims on the part of the customer, in particular claims to compensation for damage, due to delayed or missing delivery are excluded. This does not apply to cases where the cause of damage results from our willlful intent, gross negligence, or violation or in case of injury to life, limb or health.
9.4 Any damages to customer’s software or data medium//computer caused by supply of goods and services will only be assumed, insofar as typically occurring, predictable damage is concerned and the flaws in the online products responsible for the damage are caused deliverately by or through gross negligense of a statutory agent or representative. In the case of contracts with legal persons under public law, special funds under public law and merchants – with respect to the latter, only when the contract belongs to the operation of their trade – in addition to the limitation of liability in the previous sentence, liability for gross negligence by assistants is excluded, insofar as this is not a leading assistant or main contractual obligations are violated. Legal claims for rectification of faults and subsequent deliveries – but not for compensation – remain unaffected by the above mentioned regulation. Further claims by the client, in particular for loss of earnings or consequential losses, are excluded. This does not apply to cases where the cause of damage results from our willlful intent, gross negligence, or violation or in case of injury to life, limb or health.
9.5 To safeguard the system, client is obliged to save data at appropriate intervals. does not assume liability for data loss.
10. Amendments to these General Terms of Business
Due to current circumstances, like amendment of relevant legal regulation, we shall update thes General Terms of Business – if necessary.
11. Final regulations
Place of performance and jurisdiction for merchants, legal entities under public law or special assets under public law is Hamburg. German law shall apply exclusively.
Status: Januar 2017
All rights reserved © globalerp.de gmbh