|General Terms of Business of Auerswald GmbH & Co. KG|
§ 1 Field of Application
For the course of business between Auerswald and the orderer – and for all future transaction – only following general terms and conditions shall apply in the relevant version for the time being. Auerswald does not accept different conditions of the orderer, unless their application has been explicit allowed by Auerswald in written form.
§ 2 Conclusion of Treaty and Resignation
Auerswald commits oneself to accept the order of the orderer to the conditions of the website. If there are mistakes in writing, spelling, calculating e.g. Auerswald is entitled to terminate the contract. If the supplier of Auerswald does not ship the ordered products despite of the contractual duty, Auerswald is entitled to withdraw from the contract of sale.
§ 3 Delivery
If nothing else is agreed, the delivery will be carried out from Auerswald's stock to the address given by the orderer. The risk is transferred to the orderer as soon as the shipment is handed over to the forwarder by Auerswald or one of its representative. Statements about the delivery-date are without obligation, if there have not been given a binding delivery-date by way of exception.
§ 4 Maturity and Payment, Delay
The purchase price will be instantly due with the order. If it is a delivery within the European Union to a corporation (identified by the VAT identification number), there will be tax exemption. The orderer is able to pay the purchase price per invoice or with credit card. If he comes into delay with his payment Auerswald reserves the right to charge him overdue interest to the amount of 4 % over the basic-rate p.a. announced by the European Central Bank. If a higher delay loss is proof able arisen, Auerswald is able to enforce this loss.
Payment upon Invoice
Payment by Credit Card
§ 5 Return
The dongle is a hardware component that contains an encryption system for the corresponding software. Therefore hardware and software are to be considered as a device. So if there are any problems you will always have to send us the device/dongle back. Due to in advance replacement it will be possible to provide you with another device/dongle containing the same scope of functions. But if we do not receive the defective dongle within a reasonable time frame, the replacement dongle sent to you will be invoiced to you according to its scope of function.
In case of business transactions with end users the legal regulations for online business transactions are respected.
§ 6 Reservation of Title
Until all existing claims against the orderer have been fully paid the delivered goods remain property of Auerswald.
§ 7 Defect Guarantee and Liability
If the bought article has a defect for which Auerswald is responsible, Auerswald is enforced - by its own choice - to eliminate the defect or to deliver a replacement. If Auerswald is not prepared or able to eliminate the defect/deliver a replacement or is this delayed about appropriate time limits for which Auerswald is responsible or the elimination of the defect/delivery of a replacement fails, the orderer is enforced - by his own choice - to withdraw from the contract or to reduce the purchase price or to claim compensation for damage.
Any other claims of the orderer - the legal basis does not matter - are excluded, if there is nothing else mentioned in the following. Therefore Auerswald does not incur a liability for damages, which are not arisen on the delivered good itself. Auerswald especially does not incur a liability for missed profit or other property loss. As far as the liability of Auerswald is excluded or limited this is valid for the personal liability of employees, representatives and vicarious agent.
This limitation of liability is not valid as far as the cause of the damage is based on intention or gross negligence. Furthermore it is not valid if the orderer has claims out of §§ 1, 4 Product Liability Law ("Produkthaftungsgesetz"), claims because of the lack of a granted attribute or damage claims because of non-performance out of §§ 463, 480 Abs. 2 BGB. The same is valid by inability from the start or justifiable impossibility.
In case of only a negligent breach of duty through Auerswald, the liability is limited to the contract typical, foreseeable damage.
The legal period of guarantee time (two years) is valid from the transfer of risks. This period of time is a deadline for the statute of limitation and is valid for consequential harm caused by defect as far as there are no claims out of a tortious act enforced.
§ 8 Privacy Protection
The personal data needed for the transaction and order handling is stored on data storage media. The orderer knows this matter of fact and he agrees explicitly to the survey, processing and use of personal data. We store and use your data only for the transaction of the contract (if necessary for the proof of credit). The orderer has the right to revoke this acceptance effective for the future at any time. In this case Auerswald is obligated to delete the data immediately unless a current order handling has not been finalised completely. Fundamentally the Auerswald GmbH & Co. KG observes all technical and organisational measures to which it is obliged according to lt. § 9 of the Federal Republic of Germany data protection act. At this point we refer to the attached privacy protection declaration of Auerswald GmbH & Co. KG.
§ 9 Applicable Law and Place of Jurisdiction
The law of the Federal Republic of Germany is valid. The place of performance for all mutually out of the contract owed performances is Braunschweig.
§ 10 Severability Clause
If single provisions of the delivery contract or this General Terms and Conditions of Trade are not valid, the other provisions are still valid.
§ 11 Information about online dispute resolution platform
The Europäische Commission provides a platform for online settlement of dispute (ODR), can be found here http://ec.europa.eu/consumers/odr/. Consumers are given the opportunity to use this platform to settle their dispute. Auerswald agrees to take part in dispute settlement proceedings before a consumer consiliation board.
1. The Definition of Personal Data
Personal data is information that leads to the identity or other circumstances of a person. Included are the real name, address, telephone and fax number as well as the email address. Not included is data about usage and service operation that is not associated with a specific personal identity. This may include the number of visitors of a website.
2. Survey and Use of Personal Information
2.1 Contact Details
The access to the websites of Auerswald is absolutely free. Auerswald uses your personal information only to provide you with services. Specifically, we use your personal information to help you to complete a transaction or order (name and email address).
2.2 Anonymous Interest Profiles
If we ask you to enter other data at a certain point of the website in addition to name or address, this data will be stored in anonymous form and will be used for internal statistics only. This way we are trying to optimise our products and offerings to your needs and wishes and enable an effective use of our products and services.
2.3 No Transfer to Third Parties
Auerswald.de will keep confidential and not share your personal information with third parties. Excluded from this is a case that makes it necessary to forward personal information to enable of services of partner companies.
Auerswald.de stores your personal data only for the time frame needed to fulfil the purposes mentioned in figure 2. If the storage is not necessary anymore and if the usage agreement is terminated all personal data will be deleted immediately.
3. The Usage of Cookies
Cookies are small text files that identify frequent users of a website. This is not software but only an identification number that is stored on the user's computer. The service provider can recognise this number and measure the usage of the website. Cookies are currently used by a lot of websites. They gather no personal data. They enable the assignment of a visitor to the individually stored user profile. This user profile, as stated above, is made anonymous before storage, so the privacy of the user is protected even if cookies are used.
4. Changes to this Statement
Auerswald.de may change this privacy statement at any time with respect to the legal conditions.
5. Contacting us