General Terms and Conditions
BITControl GmbH, Auf dem Sauerfeld 20, 54636 Nattenheim
(January 8, 2014)
1 Scope of application
These conditions of sale apply exclusively to entrepreneurs, legal persons of public law or public legal special funds within the meaning of § 310 section 1 BGB. The general terms and conditions of business are an integral part of the contractual relationship between BITControl GmbH and the customer for orders via post, telephone, fax, e-mail or via e-shop. Terms and conditions of the customer differing from our terms of sale are only accepted if we expressly agree to the validity in writing.
2 Offer and contract
Our offers are non-binding. The purchase contract is concluded with the order of the customer or an order confirmation by BITControl.
3.1 Delivery date
If BITControl is hindered by the timely completion of the contract due to procurement, manufacturing or delivery disturbances, the delivery time is extended by a maximum of 4 weeks. After the expiry of this period, the buyer can only withdraw from the contract in writing. If we are in default with our delivery, we shall only be liable for the resulting damage in cases of gross negligence and intent. Otherwise, liability is excluded. If BITControl is unable to fulfill the contract due to force majeure, which is not the responsibility of BITControl, then both parties can withdraw from the contract without a liability for damages. We are entitled to partial deliveries.
The packaging is carried out according to trade and industry standards. Special packaging will be charged at cost price.
3.3 Transfer of hazards
By placing the goods for dispatch or collection, the risk passes to the purchaser.
Unless otherwise agreed, payments shall also be made for partial deliveries. The payment conditions stated on the invoice apply. In the case of a delay in payment, dunning costs as well as interest on arrears shall be charged at conventional bank rates.
5 Reservation of title
BITControl reserves the right to ownership of delivered goods until full payment was received. If the goods are reclaimed due to a delay in payment, this shall be deemed to be a withdrawal from the contract.
6 Warranty and Liability
The purchaser undertakes to examine the goods supplied by BITControl immediately upon receipt and to notify obvious defects within 8 days in writing. The complained goods must be returned without delay in professional packaging. In the event of non-timely display, a warranty claim by the customer expires, unless the defect was not detected during the examination and within the time limit. Non-obvious defects are to be claimed within one year.
In the case of justified complaints, the defect will be remedied at our option by rectification or by replacement delivery. If this is not possible, the buyer can at his discretion, demand a reduction of the remuneration or a cancellation of the contract. Any further liability, in particular for damages which are not caused by the delivered goods itself, is excluded, as far as BITControl is not caused by intent or gross negligence. The assertion of consequential damages is in any event excluded.
7 Special conditions for software
The following conditions also apply to the delivery of standard and individual software:
7.1 Software development
BITControl expressly draws attention to the fact that, according to the state of the art, it is not possible to develop software in such a way that it can work flawlessly under all conceivable conditions. Subject to an express written agreement, BITControl does not warrant that the program functions meet the requirements of the customer or are suitable for a specific project.
Unless expressly warranted in writing, BITControl does not guarantee the compatibility of delivered software with any other programs or hardware components.
In addition to the terms and conditions set out here, the license conditions of the respective program package apply to liability and warranty.
7.2 Industrial property rights
Our software is copyrighted. Standard software is additionally equipped with a soft or hardware dongle. The purchaser is granted a non-transferable right to use the purchased software for internal use. The same applies to the corresponding documentation. All other rights remain with us or with delivery of third-party software at the respective supplier.
In the case of goods manufactured according to the purchaser, we assume no liability for the violation of third-party property rights.
8 Special conditions for the e-shop
8.1 Object of the contract
Subject to these additional terms and conditions are all contracts with the customers (users), which refer to the e-shop of BITControl. Ordered software is usually provided for download on the BITControl website.
8.2 Order and payment
The contract is concluded with the order and the automatic order confirmation by e-mail. The customer receives the release code for activation of the demo version after invoicing (in Germany) or after receipt of payment (abroad).
For payments in Germany, the applicable VAT is invoiced. Orders from abroad are regarded as "other services". There will be no VAT and the tax liability will be transferred to the invoice recipient (for EU members with the VAT ID number).
9 Right of revocation for software
If you are a consumer, your order for goods from the BITControl shop can not be attributed to your commercial or independent professional activity, you have a limited right of revocation according to § 312d BGB section 355 of the German Civil Code (BGB). You can revoke your contract declaration in writing (e.g. letter, fax, e-mail) within two weeks without giving reasons or for delivered goods by returning the goods. You must enter your name, customer number and invoice number.
The right of revocation does not exist for the transmission of goods as a file by electronic means or for individually programmed software. In addition, the right of revocation does not exist in the case of the delivered software, as long as the delivered data carriers were unsealed by the consumer.
10 Data Protection
BITControl is entitled to process, store and evaluate the data obtained in connection with the business relationship in accordance with the Federal Data Protection Act, see separate data protection policy.
11 Other provisions
For the legal relationship between BITControl and the customer exclusively German Law is applicable. The calculation is in EURO.
Should individual provisions of these conditions - for whatever reason - not be applied, the effectiveness of the other conditions shall not be affected thereby.
Court of jurisdiction for all disputes arising in connection with the contractual relationship is Bitburg.