Please read our general terms and conditions carefully to avoid future misunderstandings.
Online Shops | |
The online shops www.tastaturen.com and www.istopmotion.com are operated on behalf of and for the account of GeBE Computer & Peripherie GmbH, from this point forward referred to in this document as GeBE. | |
1. General | |
GeBE exclusively sells and delivers in accordance with the conditions listed in the following. They apply to all current and future sales contracts. Opposing purchasing conditions or other terms of the buyer do not apply, even if the buyer based his order on these. Deviations and supplementary conditions require a separate agreement, before any performance on GeBE’s part can be initiated by the buyer. An invalid term is replaced by the valid term that is the most similar to the invalid term regarding the economic effect. It is pointed out explicitly that buyers are entitled to the right of withdrawal or return in accordance with articles 312d, 355/356 BGB (German Federal Law). | |
2. Quotations | |
Our quotations are subject to confirmation unless specifically stated otherwise. | |
3. Orders | |
Customer orders are binding to the customer for the duration of four weeks. The customer can withdraw them, if GeBE has not presented an order confirmation within four weeks of the receipt of the order. Earlier cancellations require GeBE’s agreement. An order becomes binding for GeBE with their written confirmation. Orders are confirmed or rejected within four weeks of receipt by GeBE. For immediate deliveries, the invoice will serve as order confirmation. | |
3.1. Blanket Orders | |
If all delivery dates are not determined at the time the order is confirmed, it is understood that the customer will buy the complete order quantity no later than one year after the date of the order confirmation. GeBE will confirm arrangements that differ from this “blanket order agreement” with a written order confirmation. | |
4. Times of Delivery | |
The delivery time starts with the first work day on which all sales and technical requirements for the execution of the order are met, potentially required licenses have been granted, and GeBE is in possession of the agreed down or advance payment. GeBE shall not be liable for delays due to utility failures, material shortages, labor disputes and shortages, strikes, revolts, lockouts, or acts of God occurring at their facility or the site of a supplier. Occurrences of this kind can entitle GeBE to completely or partially withdraw from the contract. Claims for compensation by the customer are excluded. Changes requested by the customer can result in an extension of the delivery time. The delivery time is considered as complied with, if the goods are shipped from the factory before or on the confirmed date, or were announced as ready for shipment. | |
5. Changes of the Technical Specification | |
GeBE reserves the right to make changes that serve the technical progress without separate notification. | |
6. Prices, Shipping, Packaging, and Insurance | |
If not otherwise agreed to, all prices are ex-factory Germering excluding packaging, shipment, transaction fees, duty, transport insurance, and taxes. Prices are quoted and billed in EURO (€). If costs change, or the customer extends the period of validity for a blanket order after it was confirmed, GeBE reserves the right to adapt the pricing accordingly. The minimum net order value is 40 EURO. For small deliveries of orders under the minimum order value, GeBE charges an additional handling fee of 15 EURO (without taxes) in addition to the normal costs for shipping and packing. Shipping is carried out at the seller’s discretion and without a warranty for the least expensive shipment. The risk switches to the customer upon transfer of the goods to the freight carrier of the transport company chosen by GeBE. Partial deliveries shall be authorized. For special product runs, a deviation from the quantity of 3% or at least 2 units shall be permissible. All deliveries without a written order are subject to C.O.D. shipment. GeBE can buy transport insurance at the customer’s expense. The packaging material may be returned to GeBE at the customer’s expense, if this is preferred over the transfer of cardboard material marked with a RESY symbol to a local recycling dealer. The carrier is not considered a dealer and, therefore, may not be drawn on for the return transport. | |
7. Payment | |
GeBE delivers after advance payment or cash on delivery (COD). Subject to positive information from the commercial credit insurance, delivery against open account may be possible at GeBE’s discretion. Invoices are due net cash immediately after receipt in the amount of the invoice without any deduction of charges for postage or expenses. Longer payment terms or a cash discount are only agreed to during the issuance of the invoice. For billing and payments in a foreign currency, GeBE reserves the right to charge the amount that is necessary to cover the EURO amount that was calculated based on the exchange rate on the day the order was confirmed plus the usual fees charged by the bank for transfers from foreign countries. Invoices are considered paid, when the entire amount is at GeBE’s disposal. If a payment is past due, GeBE shall charge an interest rate of 5% higher than the relevant discount rate. Under no circumstances will mutual business transactions give rise to such claim as credit or adjustment. GeBE reserves the right to check the customer’s credit report by the usual means. If there is any doubt regarding the credit standing of the customer, or the financial situation of a business partner worsens considerably, GeBE is entitled to revoke all granted payment periods and process future deliveries only after advance payment or cash on delivery. Furthermore, granted payment periods become invalid, and all of GeBE’s claims become due immediately, if a business partner falls behind with an obligation, fails to redeem checks or other rights, withdraws authorizations for collection granted by GeBE, or seeks bankruptcy protection. In such cases, GeBE is entitled to collect delivered goods at the customer’s expense without prior withdrawal from the contract or granting an extension. | |
8. Reservation of Proprietary Rights | |
Goods remain GeBE’s property until complete payment of the invoice. If an invoice is paid with a check or a bill of exchange that GeBE has not explicitly accepted as valid payment, the reservation of proprietary rights will stay in effect until they have been deposited successfully. If the goods that are under the reservation of proprietary rights are processed or changed, GeBE is still considered the manufacturer in accordance with article 950 BGB (German Federal Law). The customer has the right to sell goods that are under reservation of proprietary rights within the scope of proper business. Claims from reselling automatically pass to GeBE up to the amount of the total claim from this trade. GeBE is entitled to demand the disclosure of the buyer’s name at any point in time, to inform the buyer about the transition of the claim, and to collect the claim directly from the buyer in case of an overdue payment. As long as a reservation of proprietary rights is in effect, the customer has no right to use the goods as security. | |
8.1 Documents | |
GeBE reserves the copyright and rights of ownership for all estimates, drawings, and other documents. The documents may not be used for other purposes, copied, or made accessible to third parties. The documents may not be used to duplicate single parts. Documents and samples that are part of GeBE’s offers have to be returned without prior request. The customer warrants that all documents, drawings, and samples provided for GeBE as part of an order for the creation of a custom solution are free from third party rights. | |
8.2 Charges for Customization, Tools, and Developments | |
The costs for custom product, tools, or developments of any kind that GeBE charges a customer do not automatically translate into ownership of the product design, the tools, or the intellectual property of the development for the customer. Agreements in exception with this rule must be confirmed in writing with the order confirmation. | |
9. Duty to Examine and Declare | |
The customer must examine the goods immediately upon receipt. Complaints regarding material defects, inaccurate deliveries, and/or delivery discrepancies have to be declared to GeBE immediately in writing, but not later than seven-days after receipt at the destination. In order to comply with this term, a timely sending of a written claim exactly describing the complaints, stating the order and packing list numbers will be sufficient. If complaints and defects are not declared within seven-days, a delivery is regarded as accepted in a trade between business people. If requested by GeBE, the customer is obligated to immediately ship the damaged goods or components back to GeBE for examination of the complaint at the customer’s own cost. Hidden defects are to be declared immediately after diagnosis. | |
10. Warranties and Limitation of Liability | |
For businesses in accordance with article 14 BGB (German Federal Law), warranty claims come under the statute of limitations two-year after the delivery to the freight carrier of the transport company chosen by GeBE. Deviations from the acceptance of warranties are only valid if agreed upon in writing. A warranty claim is limited to the repair, the partial or complete replacement of the unit, the transfer of claims against the prior supplier, or the credit of the customer’s account, subject to GeBE’s choice. If two attempts of repair fail, the customer is authorized to receive a partial or complete credit from GeBE. Liability is void, if the customer does not claim a defect immediately in writing. Excluded from the warranty are failures due to unauthorized handling or customer abuse. GeBE cannot be held liable for damages as a result of faulty installation, operation errors, or external influences. The warranty does not apply, if the serial number of a delivered part/unit is unrecognizable, or relevant safety and agency markings have been removed or destroyed. Parts that wear out because of their material or use, as for example display lights, fuses, switches, or push buttons, are excluded from the warranty, as are all defects that were caused by unusual stress from electric arcs, effects of rays, electrostatic or electromagnetic fields, environmental effects, or operating conditions. The liability for damages other than to the body and life of the customer is excluded insofar, as it resulted from a negligent breach of duty by GeBE, or from a negligent breach of duty by a legal representative or assistant of GeBE. A liability for consequential harm caused by a defect is completely excluded. The data given in GeBE’s printed or electronic documentation are non-committal information and do not represent any assurance of certain features. Errors and changes of the product line or the prices are reserved. All brand names are properties of the respective companies. If a delivery is delayed, the customer only has the right to withdraw the order, after an appropriate extension has passed. Any further claims, especially compensation for resulting damages, are excluded. If a cost estimate is requested before a repair, this has to be stated explicitly. The costs for the estimate are to be reimbursed. The customer carries the costs for shipping and packaging, as referred to in chapter 6 of the General Terms and Conditions. Returns of any kind can only be accepted, if the previously issued return number is clearly visible on the package. An acceptance of freight collect shipments of any kind is subject to GeBE’s prior written agreement. | |
11. Data Protection | |
GeBE stores data on companies and individuals regarding business relations and processes these within the company. | |
12. Jurisdiction, Place of Fulfillment, Court of Jurisdiction (Does not apply for purchase contracts processed through the online shop) | |
All contracts are subject to German law. Place of fulfillment is the office of GeBE Computer & Peripherie GmbH. For resellers, the court of jurisdiction is the location of GeBE Computer & Peripherie GmbH. | |
Germering, May 5th, 2017 |
“Entypo pictograms by Daniel Bruce — www.entypo.com”