General Terms and Conditions (AGB)
Release January 2018
1. general / conclusion of contract
1.1 These general trading conditions (in the following "AGB") of the Chipglobe GmbH (in the following "salesman") apply to all contracts, which a consumer or entrepreneur (in the following "customer") with the salesman with regard to the goods and/or achievements represented by the salesman in the available on-line Shop locks. Hereby the inclusion of own conditions of the customer is contradicted, unless, it was agreed upon something else.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 These General Terms and Conditions shall apply accordingly to contracts for the delivery of digital content, unless expressly agreed otherwise. Digital content within the meaning of these GTC is all data not on a physical data carrier that is produced in digital form and provided by the seller.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.5 The seller's product descriptions contained in this online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
1.6 The customer can submit the offer via the online order form integrated in this online shop. After placing the selected goods and/or services in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button completing the ordering process.
1.7 The Seller may accept the Customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation
by the customer is decisive, or by delivering the ordered goods to the customer or providing the digital content, whereby the receipt
by the customer is decisive for orders for goods.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
If the customer selects "PayPal Express" as the payment method within the framework of the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller hereby declares, in deviation from Section 1.7, that he accepts the Customer's offer at the time at which the Customer initiates the payment process by clicking the button completing the order process.
1.9 In the event of a contract being concluded, the contract between the customer and Chipglobe GmbH with its registered office in Germany, Cincinnatistr.60 in 81549 Munich, VAT ID No.: DE 293062415, registered by the local court of Munich under the commercial register number HRB 209414.
1.10 When submitting an offer via the seller's online order form, the text of the contract will be stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with the present general terms and conditions after sending his order. The invoice will also be sent by e-mail. The customer agrees to an electronically transmitted invoice by submitting the order. Orders are stored at the seller for 24 months after customer order. Should the customer lose his documents for the order, the customer can contact the seller by e-mail/fax/telephone. The seller will send the customer a copy of the data for the order.
1.11 Prior to binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser's zoom function, which enlarges the display on the screen. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions until the customer clicks on the button completing the order process.
1.12 The information provided by the customer within the framework of the order is the basis for invoicing. Requests for changes to an invoice must be applied for. Changes to invoices for which the seller is not responsible will be charged a fee of € 10.00 per change.
1.13 The information provided by the customer within the framework of the order shall form the basis for invoicing. Should the customer subsequently export the goods to a third country and apply for a VAT refund, the seller will charge a processing fee of € 15.00 per invoice, which will be invoiced to the customer and charged directly as part of the VAT refund.
to be submitted: Export documents (the goods must be exported from Germany within 3 months) and proof of residence in the third country.
The seller points out to the customer that this service is voluntary and can be refused by the seller at any time.
1.14 Only the German language is available for the conclusion of the contract.
1.15 The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
1.16 When ordering data carriers that are not suitable for minors (FSK or USK-18 articles), the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of full age authorized by him may receive the goods.
2. prices and terms of payment
2.1 For the delivery the list prices at the time of the order are valid. Unless otherwise stated in the Seller's quotation, the prices quoted are final prices which include the statutory value added tax or insurance tax and do not include shipping costs, installation and training costs, etc. The prices are subject to change without notice. Depending on the shipping method, the shipping costs are calculated depending on size, weight and number of packages.
2.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
2.3 The customer has various payment options at his disposal, to which he will be referred in this online shop. Depending on which online shop of the seller the customer uses to place his order, the offer of payment methods may vary.
In cooperation with PayPal, we offer you the payment method installment payment (Powered by PayPal) as a payment option, so that there is the possibility to finance the goods from our online shop. Paypal allows the customer to pay in monthly installments (subject to availability & credit check). The payment method installment payment (Powered by PayPal) assumes a successful credit check by PayPal, which is carried out by PayPal in real time. If the customer is allowed to pay by installments (Powered by PayPal) after a credit check, the payment is processed in cooperation with PayPal, to which the seller assigns his payment claim. PayPal will collect the payment claim in its own name. In this case, the customer can only make payment to PayPal with discharging effect. The seller remains the contractual and contact person.
2.5 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
2.6 The Seller reserves the right to expressly authorise a third party to request payment from the Customer or to collect payment. In the event of such a case, the payment made to the third party shall at the same time discharge the Seller from his debt.
2.7 A payment shall not be deemed to have been made until the Seller or the third party authorised by the Seller can dispose of the amount. In the event of default in payment, the Seller shall be entitled to charge default interest of 5 percentage points for consumers and 9 percentage points for entrepreneurs above the respective base interest rate of the ECB in accordance with the Discount Transition Act. The seller reserves the right to charge a flat rate of 40 euros in the event of default on the part of the customer who is an entrepreneur. This shall also apply if the claim for payment is an advance payment or other instalment payment. The lump sum of EUR 40.00 shall be offset against any damages owed, insofar as the damage is based on the costs of legal proceedings.
Bills of exchange or cheques shall only be accepted by agreement and on account of performance and shall not be deemed payment until they have been successfully honoured.
Discount and collection charges shall be borne by the customer. The seller assumes no liability for the timely presentation.
2.8 The customer, who is an entrepreneur, is only entitled to the fulfilment of the purchase price payment obligation by offsetting if his counterclaims have been legally established or are undisputed. In addition, he is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
2.9 Refunds of the purchase price shall, as far as possible, be made by the same means of payment as the payment made by the customer to the seller. Payment by cash on delivery is excluded from this. In this case the refund will be made by bank transfer to the following bank account
3. terms of delivery and dispatch, transfer of risk
3.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. In the case of an order via the online order form of the Seller, the delivery address stated in the online order form shall be decisive. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address deposited with PayPal by the Customer at the time of payment shall be decisive.
3.2 In the case of goods which are delivered by a forwarding agent, delivery shall be made "free kerbstone", i.e. to the public kerbstone nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.
3.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.
3.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally not pass to the customer or a person authorized to receive the goods until the goods have been handed over.
Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the carrier, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously designated this person or institution to the customer.
3.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a concrete hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
Delays in delivery caused by statutory or official orders (e.g. import and export restrictions) and for which the Seller is not responsible shall extend the delivery period by the duration of such obstacles. In important cases, the Seller shall immediately inform the Customer of the beginning and end of such hindrances. The delivery can also be extended by the time until the customer has handed over all information and documents necessary for the execution of the order.
3.6 In those cases in which the Seller offers self-collection as a mode of dispatch, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. Upon receipt of this e-mail, the Customer may collect the goods from the Seller's registered office in Linden during opening hours. In this case no shipping costs will be charged.
3.7 Digital content is provided to the customer exclusively in electronic form as follows:
made available by e-mail via download code
3.8 Vouchers are provided to the customer as follows:
3.9 Partial deliveries by the Seller are permissible insofar as they are reasonable for the Customer.
3.10 The Seller may at its discretion determine the mode of shipment, the shipping route and the company commissioned with the shipment, unless the Customer gives express instructions.
4. right of revocation
4.1 In principle, consumers are entitled to a right of withdrawal.
4.2 Further information on the right of revocation can be found in the seller's revocation instructions.
5. refusal of acceptance of the entrepreneur
5.1 If a customer who is an entrepreneur does not accept the goods sold, the seller shall be entitled either to insist on acceptance or to demand 10% of the purchase price as lump-sum compensation for damages and expenses, unless the customer can prove that no damage has been incurred or that a lesser amount of damage has been incurred. In the event of an extraordinarily high damage, the Seller reserves the right to assert this claim.
5.2 For the duration of the delay in acceptance of the customer, who is an entrepreneur, the seller is entitled to store the delivery items at the risk of the customer at his own premises, at a forwarding agency or a warehouse. For the duration of the delay in acceptance, the customer shall pay the customer a flat rate of 15 euros per month for the storage costs incurred without further proof. The flat-rate compensation is reduced to the extent that the customer proves that no expenses or damage have been incurred.
In the event of unusually high storage costs, the seller reserves the right to assert these.
6. retention of title
6.1 With regard to consumers, the seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 The seller reserves the right of ownership of the delivered goods vis-à-vis entrepreneurs until complete settlement of all claims arising from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer assigns in advance to the seller all resulting claims against third parties in the amount of the respective invoice value (including value added tax).
This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller shall not collect the claims as long as the customer meets his payment obligations towards the seller, does not default on payment and no application for the opening of insolvency proceedings has been filed.
7. withdrawal in case of deterioration of assets
The seller may withdraw from the contract if the seller becomes aware of a suspension of payments, the opening of insolvency or judicial composition proceedings, the rejection of insolvency for lack of assets, bill or cheque protests or other concrete indications of deterioration in the financial circumstances of the customer.
8. liability for defects (warranty)
8.1 The warranty rights shall be governed by the statutory provisions unless otherwise specified below.
If the supplementary performance has taken place by way of a replacement delivery, the customer is obliged to return the goods delivered first to the seller within 30 days at the seller's expense. The defective goods must be returned in accordance with the statutory provisions.
The seller does not assume any guarantee for the specified quality of the goods within the meaning of § 443 BGB (German Civil Code).
Any guarantees granted by the manufacturer remain unaffected and are exclusively determined by the guarantee declaration handed over to the customer with the goods. This also applies to warranty extensions via a third party, which can be purchased in this online shop.
Liability for normal wear and tear is excluded. The seller accepts no liability for defects and damage resulting from unsuitable or improper use, non-observance of instructions for use or incorrect or negligent handling. This applies in particular to the operation of the objects with the wrong type or voltage of current as well as connection to unsuitable power sources. The same applies to defects and damage caused by fire, lightning, explosion or mains overvoltage, moisture of any kind, incorrect or missing program software and/or processing data, unless the customer can prove that these circumstances are not the cause of the defect reported.
8.2 If the customer acts as a merchant within the meaning of the German Commercial Code (HGB), he shall be subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
8.3 In the event of a warranty claim, a customer who is a consumer is entitled, at his option, to assert a right to remedy the defect or to deliver defect-free goods (subsequent performance). If the chosen type of subsequent performance is associated with disproportionately high costs, the claim shall be limited to the remaining type of subsequent performance. In the context of the delivery of defect-free goods, the exchange for higher-quality products with comparable characteristics is already now considered accepted by the customer, who is consumer, as long as this is reasonable for him and the seller (e.g.: exchange into the successor model, same model series, etc.).
Further rights, in particular the rescission of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or after two failures of subsequent performance.
If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual warranty claims.
8.4 If the customer is an entrepreneur, he must give notice of obvious defects within 14 days. The complaint period begins here with the delivery of the goods to the customer. If the customer does not comply with this obligation, his statutory warranty claims are excluded.
In the case of a customer who is an entrepreneur, the seller is entitled, within one year of the delivery date, at his discretion, to remedy the defect or make a replacement delivery in accordance with § 439 BGB (German Civil Code). After one year from the delivery date, the seller has the choice between remedying the defect or crediting the current value.
For entrepreneurs, the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
8.5 In cases in which there is no purchase of consumer goods within the supply chain for our customer, who is an entrepreneur, the provisions of §§ 474-479 BGB do not apply.
If the entrepreneur resells the goods as part of a purchase of consumer goods, the reimbursement of expenses incurred within the meaning of § 478 BGB (German Civil Code) can only be demanded if proof is provided of the occurrence of the expenses.
Should this reimbursement of expenses within the meaning of § 478 para. 2 BGB be required, this shall be limited to a maximum of 2% of the original net value of the goods. Claims based on § 478 BGB are covered by the 24-month warranty for entrepreneurs in the sense of equivalent compensation according to § 478 Para. 4 S. 1 BGB.
8.6 In the event that the claimed goods are forwarded to the pre-supplier or manufacturer, the customer agrees that his personal data, in particular his contact data, can be forwarded to the pre-supplier/manufacturer in the context of handling a claim.
The customer can revoke his consent to this at any time. Please contact us at firstname.lastname@example.org .
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
The Seller shall be liable without limitation for intent and gross negligence on any legal grounds whatsoever, unless otherwise stated below.
9.1 The Seller shall be liable for damages resulting from injury to life, limb or health resulting from a negligent or intentional breach of duty on his part.
9.2 In addition, the Seller shall be liable without limitation in accordance with the statutory provisions for other damages if these are based on a negligent or intentional breach of an essential contractual obligation. This shall be the case if the breach of duty relates to a duty the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer has relied and may have relied.
These aforementioned liability provisions are limited to the foreseeable, typically occurring damage, unless unlimited liability is assumed pursuant to Section 9.1.
This includes in particular the breach of main and ancillary obligations in the period prior to delivery of the goods.
9.3 The Seller shall be liable without limitation on the basis of his own guarantee promise, unless otherwise agreed, and on the basis of mandatory liability, such as under the Product Liability Act.
9.4 The Seller shall not be liable for the restoration of data unless the loss was caused intentionally or by gross negligence and the Customer has ensured that data has been backed up so that the data can be reconstructed with reasonable effort.
9.5 Otherwise the liability of the seller is excluded.
9.6 The Seller shall not be liable for the loss of a consignment if a storage or garage contract exists between the Buyer and the commissioned transport company, notwithstanding any deviating designation.
9.7 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
10. redemption of gift vouchers
10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online shop at www.chipglobe-shop.com unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining credit of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credit remains on the voucher until the expiry date and can be used for the next purchase.
10.3 Gift Certificates may only be redeemed prior to the completion of the order process. Subsequent settlement is not possible.
10.4 Several gift vouchers can also be redeemed for one order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
10.7 The credit balance of a gift voucher is neither paid in cash nor interest is paid on it.
10.8 The Gift Certificate is transferable. The Seller may, with discharging effect, make payment to the respective owner who redeems the gift voucher in the Seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the nonauthorization, the legal incapacity or the lack of power of representation of the respective owner.
11. redemption of promotion vouchers
11.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotion Vouchers") can only be redeemed in the Seller's online shop at www.chipglobe.shop.com and only within the specified period.
11.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
11.3 Promotion vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.
11.4 Only one promotion voucher can be redeemed per order.
11.5 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
11.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
11.7 The credit balance of a promotion voucher is neither paid in cash nor interest is paid on it.
11.8 The Promotion Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotion Voucher within the scope of his statutory right of withdrawal.
11.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
12. Chipglobe warranty extension
The purchase of a Chipglobe warranty extension is subject to these terms and conditions. Information on the scope of warranty protection can be found in the product description.
Information on the scope of warranty protection can be found in the product description.
13. Software, Literature, Digital Content
13.1 Unless otherwise stated in the DeepL description in the seller's online shop, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the content provided for private and business purposes.
13.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Seller has agreed to the transfer of the contractual license to the third party.
13.3 In accordance with § 158 para. 1 BGB (German Civil Code), the granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual contents prior to this point in time. A transfer of the rights does not take place by such a provisional permission.
13.4 In case of delivery of software, literature, digital contents, the special license and other conditions of the manufacturer apply beyond the conditions of the seller. By accepting the software, the customer expressly acknowledges its validity.
14. use of customer data
With regard to all data relating to the business relationship with the customer, the data protection provisions, which can be found in the corresponding online shop, apply. In case of further questions regarding data protection, requests for information or changes, the seller is at the customer's disposal at email@example.com
15. export permit
Any necessary approvals of the Federal Office for Trade and Industry in Eschborn/Taunus for the export of the delivered goods must be obtained by the customer in his own name and at his own expense. The refusal of such an export permit does not entitle the customer to withdraw from the contract.
16. information on dispute resolution
16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://webgate.ec.europa.eu/odr/ This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
16.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
17 Code of Conduct
The seller has submitted to the following code of conduct in relation to his online shop at www.chipglobe-shop.com
17.1 The Seller has submitted to the "EHI Geprüfter Online-Shop" quality criteria of the EHI Retail Institute GmbH, which can be viewed on the Internet at https://www.shopinfo.net/haendler/kriterien/index.html
17.2 The Seller has submitted to the "TÜV Süd Geprüfter Online-Shop" quality criteria of TÜV SÜD Sec-IT GmbH, which can be viewed on the Internet at https://www.safer-shopping.de/qualitaetskriterien.html The quality criteria of the "TÜV Süd Geprüfter Online-Shop" are as follows
18 Jurisdiction, Applicable Law, Partial Invalidity
18.1 In business transactions with merchants and with legal entities under public law, Gießen shall be agreed as the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and cheques; the Seller shall also be entitled to sue at the Customer's place of business.
18.2 German law shall apply exclusively. In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that it is mandatory to deal with consumer law provisions.
18.3 If individual provisions of the delivery contract or these General Terms and Conditions are invalid, the remaining provisions shall remain valid.
Note on battery disposal:
Batteries contain valuable raw materials that are harmful to the environment but can be recycled. Used batteries must therefore not be disposed of with simple household waste, but must be disposed of separately. Dealers are legally obliged to take old batteries back, consumers are obliged to take old batteries to a suitable collection point.
Batteries requiring disposal can be identified by the crossed-out dustbin printed on the packaging. The chemical name of the pollutant contained is located under the garbage can symbol in each case:
Pb = lead
Cd = cadmium
Hg = mercury
The environment and Chipglobe say thank you.
D-81549 Munich, Germany
CEO: Volker Frisch
Munich Local Court
VAT ID No: DE293062415