Standard Business Terms and Customer Information


General Terms and Conditions and Customer Information

I. General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions are applicable to all the contracts which you conclude with us as a supplier (VARIA System GmbH) via the varia-store.com website. Unless otherwise agreed, the inclusion of your own terms and conditions will be rejected.

(2) A "consumer" in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to either their commercial or independent professional activities. The term "entrepreneur" refers to any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract for goods and services

(1) The subject of the contract is the sale of goods and/or the provision of services.

(2) By offering the respective product or service on our website, we provide you with a binding offer to conclude a contract subject to the conditions specified in the product or service description.

(3) The contract is concluded via the online shopping cart system as follows:
The products and/or services intended for purchase are stored in the "shopping cart". You can view the shopping cart by clicking the corresponding button in the navigation bar and make changes at any time.
After accessing the "Checkout" page and entering the required personal data and payment and shipping conditions, all order information will be displayed again on the order summary page.
If you use an instant payment system (e.g. PayPal/PayPal Express, Amazon-Payments, Postpay, Sofort) as payment method, you will either be directed to the order summary page in our online shop or forwarded to the web page of the instant payment system provider.
If you are forwarded to the instant payment system provider, please enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before submitting the order, you can review all information, change it (which can also be done via the internet browser’s "back" function) or cancel the purchase.
By submitting the order via the "Buy now" button, you declare acceptance of the offer in a legally binding way by which the contract is concluded.

(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract are carried out by e-mail in a partially automated manner. Consequently, you have to ensure that the e-mail address that you have provided is correct, that the reception of the respective e-mails is technically ensured and that it is not blocked by spam filters.

§ 3 Conclusion of the contract for download products

(1) The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier).

(2) By offering the respective download product on our website, we provide you with a binding offer to conclude a contract subject to the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:The download products intended for purchase are stored in the "shopping cart". You can view the shopping cart by clicking the corresponding button in the navigation bar and make changes at any time.
After accessing the "Checkout" page and entering the required personal data and payment and shipping conditions, all order information will be displayed again on the order summary page.
If you use an instant payment system (e.g. PayPal/PayPal Express, Amazon-Payments, Postpay, Sofort) as payment method, you will either be directed to the order summary page in our online shop or forwarded to the web page of the instant payment system provider.
If you are forwarded to the instant payment system provider, please enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before submitting the order, you can review all information, change it (which can also be done via the internet browser’s "back" function) or cancel the purchase.
By submitting the order via the "Buy now" button, you declare acceptance of the offer in a legally binding way by which the contract is concluded.

(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract are carried out by e-mail in a partially automated manner. Consequently, you have to ensure that the e-mail address that you have provided is correct, that the reception of the respective e-mails is technically ensured and that it is not blocked by spam filters.

§ 4 User license for download products

(1) The offered download products are protected by copyright. Unless otherwise specified in the respective offer, you will receive a single user license for every download product purchased from us.

(2) The single user license includes permission to save and/or print a copy of the download product on your computer or another electronic device for your personal use.
You are not allowed to make any further copies. You are expressly prohibited from modifying or editing a file or any part of it and making it available privately or commercially to third parties in any way.

§ 5 Provision of services

(1) As far as services are the subject of the contract, we owe the individual services resulting from the service description in the respective offer. These are provided to the best of our knowledge and belief in person or by third parties.

(2) You are obliged to cooperate insofar as we must be provided with further information in order to provide the service.

(3) The provision of services shall take place on the agreed dates or within the agreed deadlines.

§ 6 Special agreements on offered payment methods

SEPA direct debit (basic and/or company debit note)
When paying by SEPA Core Direct Debit or SEPA B2B Direct Debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The collection of the direct debit takes place within 10 -15 days after conclusion of the contract.
The pre-notification deadline is reduced to 5 days before the due date. You are required to ensure sufficient coverage of the account on the due date. In case of a return debit due to your fault, you have to bear the applicable bank fee.

§ 7 Right of retention, reservation of proprietary rights

(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

(3)  If you are an entrepreneur, the following additions apply:

a) We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.

b) You can resell the goods within the ordinary course of business. In this case, you hereby already assign to us all claims in the amount of the invoice amount which accrue to you from the resale, and we accept this assignment. You are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.

c) In the case of combination and amalgamation of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 8 Warranty

(1) The statutory warranty rights are applicable.

(2) Deviating from the legal regulation, the warranty period for used goods is one year from the delivery of the item. The reduction of the time limit does not apply:

- to culpably caused damages due injury to life, limb or health and for intentional or grossly negligent other damages;
- insofar as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the goods.

(3) As a consumer, you are requested to check the item immediately upon delivery for completeness, visible defects and transport damages and to notify us and the forwarder about any complaints as soon as possible. If you do not comply with this request, it does not affect your statutory warranty claims.

(4) Notwithstanding the above warranty provisions, the following applies insofar as you are an entrepreneur:

a)  As condition of the item, only our own information and the product descriptions provided by the manufacturer are considered as agreed. Other advertisements, suggestions and statements by the manufacturer are not considered to be representative of the properties and conditions of said item.

b)  In case of defect, we provide warranty at our discretion through repair or replacement. If the defect elimination fails, you can requests a reduction or withdraw from the contract at your discretion. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the circumstances, in particular the nature or the defect of the item indicate otherwise. In the case of repair, we do not have to bear the increased costs incurred by shipping the goods to a place other than the place of performance, provided the shipment does not correspond to the intended use of the goods.

c)  The warranty period is one year from the delivery of the item. The reduction of the time limit does not apply:
- to culpably caused damages due injury to life, limb or health and for intentional or grossly negligent other damages;
- insofar as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the goods;
- in the case of items which have been used for a structure in accordance with their normal use and have caused it’s defectiveness;
- in the case of legal recourse claims that you have against us in connection with warranty rights.

§ 9 Choice of law, place of performance, jurisdiction

(1)  German law shall apply. For consumers, this choice of law applies only insofar as it does not revoke the protection afforded by mandatory provisions of the law of the country of the customer’s habitual residence (favorability principle).

(2)  Place of jurisdiction and performance for all services from our existing business relationship is our headquarters, as far as you are not a consumer, but an entrepreneur, a legal entity under public law or a public separate estate. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.

(3)  The provisions of the UN Sales Convention are explicitly inapplicable.


II. Customer information

1. Identity of the seller/supplier

VARIA System GmbH
Dr.-Salvador-Allende-Straße 191
09119 Chemnitz
Germany
Telephone: 0371 400 7682
E-mail: info@varia.org




Alternative dispute resolution:The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), available at https://ec.europa.eu/odr.

2. Information regarding the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations Conclusion of the contract in our general terms and conditions (part I).

3. Contractual language, contract text storage

3.1. Contract language shall be English.

3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser’s print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.

3.3. In the case of requests for offers outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print or save electronically.

4. Codes of conduct

We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG and, as a result, the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and  https://www.ecommercetrustmark.eu/the-code-of-conduct/

5. Essential features of the product or service

The essential features of the product and/or service can be found in the respective offer.

6. Prices and payment methods

6.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

6.2. The shipping costs are not included in the purchase price. They can be viewed in the respective offer or by clicking the appropriate button on our website, are shown separately over the course of the order process and have to be borne by you, unless free shipping is confirmed.

6.3. If delivery is made to countries outside the European Union, additional costs may be incurred, such as duties, taxes or money transfer fees (bank transfer or exchange rate charges), which have to be borne by you. You also have to bear the costs arising from money transfers in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

6.4. The payment methods available to you are shown in the respective offer or by clicking the appropriate button on our website.

6.5. Unless otherwise stated for the respective payment methods, the payment claims arising from the contract are immediately due for payment.

7. Terms of delivery conditions

7.1. The terms of delivery, the delivery date and any existing delivery restrictions, if applicable, can be found in the respective offer or by clicking the appropriate button on our website.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipping is only transferred to you with the delivery of the item, regardless of whether the shipment was insured or not. This does not apply if you have independently commissioned a transport company or any other person to carry out the shipment.

If you are an entrepreneur, delivery and shipping take place at your own risk.

8. Statutory warranty right

The liability for defects is governed by the "Warranty" regulation in our general terms and conditions (part I).

These GTC and customer details were created by the lawyers specializing in IT law of Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.

Last update: 12.07.2018
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