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Declaration of Data Security*
Data Protection and Privacy The Buyer agrees to allow the Seller to electronically store personal and company data required for the administration of the business relationship. The data is handled with accordance to the Bundesdatenschutzgesetzes and the Teledienstdatengesetzes. We are allowed to use the data to check creditworthiness. We will not propagate the data to third parties. Copyright by: In-Circuit GmbH Stand: 01.05.2007
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Conditions of use*
General Terms and Conditions Date: 05.01.2009 1. Scope 1.1 The following Terms and Conditions of Sale and Delivery are effective for any and all goods, services and deliveries offered by or sold through In-Circuit GmbH in the version when placing the order. We do not accept any general terms of business deviating from the terms stipulated herein, even though we process the order while knowing of deviating terms. Latest version: visit www.in-circuit.de or on demand. In addition, the manufacturer’s terms of licence apply which are attached to the products. Product names and logos are property of manufacturer and must not used without permission. Product pictures are exemplary and might be differ from delivered product. 1.2 Information and proposals regarding devices and product descriptions are non-binding. Angaben und Angebote hinsichtlich der Geräte und Produktbeschreibungen sind freibleibend. Typographical errors and falsities reserved. In respect to continuous technical progression and improvement of products we reserve the right to make changes in design and realization. This also applies to changes which conserve the ability to supply goods. 2. Conclusion of the Contract 2.1 All goods and services on offer are understood invitatio ad offerendum. The Buyer’s order is a binding offer to the Seller to enter into a contractual commitment. The contract becomes binding with the order of the goods or services. Order confirmation are not created. The confirmation takes place with delivery of the order. By ordering through our Online-Shop, the buyer gets a confirmation of the reception of the electronically placed order. 3. Right of cancellation and instructions 3.1 Customer may revoke the contract within 2 weeks in writing (letter, fax, Email).The stated period begins upon receipt of these instruction and delivery of the goods. To ensure the time period the duly posting of the revoke or the goods is sufficient. The revoke has to be addressed to: In-Circuit GmbH Königsbrücker Str. 69 D-01099 Dresden Fax: 0049 351 4266849 E-Mail: shop@in-circuit.de 3.2 Consequences of cancellation In case of a succeeded cancellation the amounts each party has received and ifapplicable drawn benefits has to be reimbursed. If the customer cannot or only partly or in a worse condition reimburse the goods or services, the customer has make restitution. This doesn’t apply if the worsening is caused exclusively by viewing, like it would be possible in a retail store. Incidentally, the customer can avoid restitution by not using the goods like an owner and refrains from doing anything that could cause impact the value of the goods. The customer has to take the cost for shipping, if the delivered goods are in accoriance with ordered goods. 4. Prices 4.1 For the delivery the prices at the moment of ordering apply. The prices displayed in the catalog and respectively in the Online-Shop do include the VAT of Germany. In Case of a change of the VAT rate, In-Circuit GmbH is obligated to bill the effective rate. 4.2 Besides net prices, invoices contain extra charges (expenses, valid VAT rate) 4.3 We give a discount for higher quantities: From 20pcs. = 8% From 50pcs. = 10% From 100pcs. = 15% There is no minimum order value. Shipping costs Germany: COD: For any order, which is paid per COD, we charge EUR 12,95 for shipping and handling. Prepayment: For any order, which is paid in advance, we charge EUR 6,95 for shipping and handling. Invoice: For any order, which is paid by invoice, we charge EUR 6,95 for shipping and handling. Within Germany we only ship insured up to a value of EUR 750,- against lost or damage of shipment. Shipping costs outside Germany Date for prices: 05.01.2009 5. Payment 5.1 Cash on delivery (COD), Cash with order (CWO). public authorities, large company: payable immediately on delivery For a payment per invoice we need an order per fax 5.2 delay of payment In the event that the Buyer is in arrears with payment, the Seller is entitled to charge interest at the standard rate charged by German banks for open current account overdrafts. The Seller retains the right to claim higher damages. The Buyer in arrears is entitled to prove that the Seller experienced no or substantially lower damages than demanded. The minimum interest rate for the term of arrears is no less than five percent (5%) above the relevant base rate. Furthermore we are legitimated, to deny any deliveries even from other contractualrelationships. For possible damages caused by not delivering we are not liable. 6. Delivery Times, Partial Deliveries 6.1 The Seller cannot be made liable for delays in deliveries or services caused by force majeure or similar circumstances, such as natural catastrophes, terror, embargos, strikes, lockouts, official orders, including any such circumstances involving the Seller’s suppliers. The occurrence of any such circumstances entitles the Seller to postpone the fulfilment of his contractual obligations for a reasonable period of time. The Seller shall inform the Buyer of the occurrence of any such circumstance. 6.2 The Seller reserves the right to provide the goods or services ordered by means of a reasonable number of partial deliveries. The customer is not allowed to reject partial deliveries. 6.3 In case of visible transport damage it is possible to reject the delivery. Damage to the packaging and obvious transport damage must be immediately reported to the haulier. If possible, the haulier should provide written confirmation of the damage report. For hidden defects the Buyer undertakes to contact the responsible post office within 3 working days after receipt, to confirm the damage in writing. Please send us goods and the completely filled out form so that we can send a replacement. 7. Retention of Title The goods supplied remain the property of In-Circuit GmbH until the Buyer has settled all Seller claims arising from the delivery or pending on the basis of the contractual relationship. 8. Warranty claims The Customer must inspect the supplies as soon as is reasonably practicable after delivery. The Buyer undertakes to inform the Seller in writing of any obvious faults or defects within 14 days after receipt of goods. The period of limitation for warranty claims is 24 months commencing with the day of delivery. The Seller is entitled to remedy the Buyer’s warranty claims by either repairing the defective or faulty product or replacement with faultless product (subsequent performance). The In-Circuit GmbH cannot be made liable for damages caused by incorrect or inaccurate manufacturer specifications. Should the Buyer or his customer fail to observe operating and maintenance instructions, alter the product, use parts, components or materials, which do not comply with the original specifications, the warranty expires immediately unless the Buyer can prove that the fault is in no way related to the above instances. 9. Liability for Compensation 9.1 In the event of data loss the In-Circuit GmbH is not liable. The customer has to take care of backing up his data. 9.2 The Seller is solely liable for breach of duty inasmuch as such breach represents intention, gross negligence or culpable infringement of a material obligation (“cardinal obligation” as per German law). Any and all other forms of compensation liability are void of legal effectiveness. 9.3 Inasmuch as the Seller is liable for negligence herein, his liability is limited to the damage, which the Seller would have had to expect as typical when the contract was concluded and doesn’t exceed the legal limitations. The Seller cannot be made liable for indirect damage, consequent damage or loss profits unless such damage was caused by the gross negligence of one of the Seller’s executives. 9.4 The aforesaid exemptions from and restrictions on liability do not apply to guaranteed product qualities, to damages, which must be compensated as per the German Act on Product Liability, as well as to death, injury or illness. . 9.5 all the above named arrangement are the complete extent of liability of In-Circuit GmbH, its management, as well as their employee. A further liability is excluded. 10. Return of Goods 10.1 We will accept returned goods from private customers for any reason if such goods are returned within 14 days of original invoice date, show no signs of use or wear are returned in the original sales packaging and the Buyer ships the goods at his own expense. The goods need not be returned in the Seller’s transport packaging or packing cartons. 10.2 Return of goods from commercial customers, companies or institutions are only accepted with former permission in writing of In-Circuit GmbH. Credits for returned goods are given less the administrative charges of at least 10% if not otherwise agreed. 10.3 Cost for shipping and the risk of transport lies with the customer. 11. Data Protection 11.1 The Buyer agrees to allow the Seller to electronically store personal and company data required for the administration of the business relationship. The data is handled with accordance to the Bundesdatenschutzgesetzes and the Teledienstdatengesetzes. 11.2 We are allowed to use the data to check creditworthiness 11.3 We will not propagate the data to third parties. 12. Miscellaneous 12.1 Place of fulfilment for all supplies and services is Dresden, Germany. 12.2 Multiple send orders – for what reason whatsoever – have to be indicated. Otherwise the services will be accomplished repeatedly. In such case we do not bear the costs 12.3 Goods from auctions: An assertion of warranty is only entitled to the contractual partner of the In-Circuit GmbH. This also applies centralized buying. 12.4 Should any provision herein or in the business relationship between the Buyer and the Seller prove or become ineffective, the remaining provisions remain unaffected. 13. Place of Fulfilment, Place of Jurisdiction and Applicable Law 13.1 Sole applicable law for the entire legal relationship between the Seller and the Buyer is the laws of the Federal Republic of Germany without recourse to UN commercial law (CISG). 13.2 Exclusive place of jurisdiction for all matters of dispute arising directly or indirectly from the contractual relationship is Dresden, Germany or any other place chosen by In-Circuit GmbH Address: In-Circuit GmbH Königsbrücker Str. 69 D-01099 Dresden Handelsregister: HRB 23099 Amtsgericht Dresden USt-IdNr.: DE 237550066 Copyright by: In-Circuit GmbH Date: 01.05.2007
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