Terms & Conditions
Terms & Conditions
The following terms and conditions, and only these, set the rules for the sale of our products and services, even if the client or user has different purchasing conditions. We completely reject these, even if not individually done so explicitely. Even if the client or user previously declined the acceptance of our terms and conditions, they become binding to him or her the moment he or she receives the products or services. Deviations from these terms and conditions need to be previously accepted by us in written form for each and every contract. Changes to the these terms and conditions done unilaterally by the client or user have no effect whatsoever from the start.
2. Offer and acceptance
Our products come with no obligations attached. Prior sales, cancellation, exemption from delivery and price changes are at our discretion. The agreement done by our sales representative concerning special terms and conditions for sales is binding for us only after our written approval.
The prices and other conditions as well as the sales tax valid on the day of delivery are the ones to reckon with, if no other agreements on prices were met. The quoted prices are ex store prices. Packaging and shipping are to be paid by the client.
4. Delivery and transfer of perills
The costs and responsibilities for the delivery are supported by the client. The product is considered to be delivered (even if no shipping costs apply) at the moment it is passed to the railway company, postal office or any other carrier. All complaints due to detereoration or loss are to be directed to the carrier. The way of transportation is at our discretion. The shipment is done in packaging typical for our trade.
The specified delivery date represents the scheduled delivery date which we try to keep. If a previously agreed (in writing) delivery date can not be kept, the client has the right to set a new reasonable delivery date. If this new delivery date can not be kept either, the client has the right to cancel the order. The delivery can be considered to be in time, if the goods leave our warehouse by the time of the delivery date set. Circumstances beyond our control that make the delivery impossible or extremely difficult (like suspended traffic or shortage of energy or of other resources, strikes or lockouts) excuse us from our delivery obligation for the period these circumstances last plus a reasonable lead time, even if they happen to our direct suppliers. Should these circumstances not come to an end in a reasonable period of time, we are entitled to partially or entirely cancel the contract without having to deliver the respective goods at a later date. Requests for compensation payments are ruled out.
The net value of all invoices is to be paid immediately. On-time payment is defined by the time the amount becomes available to our sole and unconditional disposal. Cheques are being accepted on account of performance. Payment by bill of exchange is not possible. Cash on delivery or prepayment is at our discretion. The client is in arrears when he / she does not pay or pays only partially until the date due, even if he or she does not receive any overdue letters. In this case we are additionally entitled to charge an interest rate as high as 4% on top of official interest rate (on the amount due) published by the German Bundesbank. Is the payment overdue or there are serious doubts about the ability of the client to pay, we are entitled to immediately assert all our claims against the client and / or request provisions of security before the delivery of the ordered goods, to entirely or partially stop all planed deliveries of goods ordered on the same or different contracts or just simply cancel these contracts. The client can reckon up only with undisputed and legally established claims or excercise his right of retention but only based on the same contractual relationship.
7. Agreement upon bearing the costs
If you would like to cancel the contract, you will have to cover the costs of resending the goods back to us. We will return all payments received from you – including delivery fees except additional costs in case you opted for a type of delivery other than the inexpensive standard delivery offered by us – immediately but not later than 14 days starting with the day on which we receive your written cancellation declaration. For this refund we shall use the same type of payment as in the initial payment to us, except we explicitely agreed upon another type of payment. In no case shall we charge you anything for refunding.
8. Property rights
The delivered goods remain our property until the payment of the price of the goods and of all future claims resulting from this business relationship is made. If the client is recognized as a distributor, he / she may sell the product to third parties as a normal business activity as long as he / she regularly attends to his responsibilities towards us. If the client is an end user, he must not sell, donate, rent or lend the product without our written consent. Pawning or an assignment as security is not allowed for the client. In case of any intrusion in our property rights we are to be notified immediately. If the client does not fulfil its contractual obligations we are entitled to ask for the return of the goods subject to retention of title. So the client does not have the right to own the goods. If the client is one of our distributors, he has to assign to us his claims towards his / her own clients together with all secondary rights originating in selling the goods that are subject to retention of title. He retains though until revocation the right to collecting this claim which he assigned to us. The client is obliged, if requested, to divulge the amount of his claim and the names of the third party debtors. Should the value of the financial securities assigned to us exceed the claim toward the client in its totality by at least 20%, we are willing upon request to reassign to this extent security interest of our choice to him / her.
9. Liability for defects
Complaints because of inappropriate or defective products are taken into consideration only if they are done in writing immediately but not later than 14 days after receiving the products. For not instantly visible defects there is a rebuke period of 6 months after notifying. Other warranty claims do not apply.
10. Place of fulfilment and court of jurisdiction
Place of fulfilment is Annweiler am Trifels. The court of jurisdiction is Karlsruhe.
11. Right of withdrawal
You can withdraw from the contract within 14 days without specifying any reason for it. The period of cancellation is of 14 days beginning on the day on which you or any third party acting on your behalf – other than the carrier – have received the ordered goods.
To exercise your right of withdrawal you have to inform us (gotomaxx software GmbH, Alte Bundesstr.10/16, 76846 Hauenstein, Germany, phone: +49 (0) 63 92 – 995 – 100; fax: +49 (0) 63 92 – 995 – 599, e-mail: email@example.com) through an unambiguous statement (sent as a letter by mail, fax or e-mail) about your decision to cancel this contract. For this you may use the form below, though using this specific form is not obligatory. Please fill in and send us this form. Should you exercise your right of withdrawal, we shall send you immediately a confirmation about the receipt of your form of cancellation.
To keep the period of notice, it is enough to send your letter about exercising your right of withdrawal before the termination of the period of notice.
Consequences of the cancellation
If you withdraw from this contract, we will return all payments received from you – including delivery fees except additional costs in case you opted for a type of delivery other than the inexpensive standard delivery offered by us – immediately but not later than 14 days starting with the day on which we receive your written cancellation declaration. For this refund we shall use the same type of payment as in the initial payment to us, except we explicitely agreed upon another type of payment. In no case shall we charge you anything for refunding.
We can decline refunding until we receive back the sold goods or you provide us with proof of having sent the items back to us – depending on which happens earlier. You must send back the goods immediately but not later than 14 days starting with the day on which you notified us about the cancellation of the contract. The period of notice is kept if you dispatch the items before the 14 days are over.
You shall cover the costs of resending the goods back to us.
You have to cover the loss of value of the goods yourself only if the loss of value was caused by your unnecesary manipulating the goods for purposes other than checking the type, features and functionalities of the goods.
Excluding the right of withdrawal
You can not exercise your right of withdrawal:
– for the delivery of the goods that are not off the shelf products and for their production an individual selection or decision was made by the client or the product was produced for the personal needs of the customer,
– for the delivery of goods that can quickly go stale or whose expiry date is already over,
– for the delivery of sealed goods which due to reasons of health protection or hygene can not be sent back in case the seal was removed,
– for delivery of goods which after their delivery due to their nature were unseparably mixed with other goods,
– for the delivery of alcoholic drinks whose price was agreed upon when closing the contract but which were delivered to the client not earlier than 30 days after closing the contract and whose price is subject to fluctuations on the market upon which the seller has no influence at all,
– for the delivery of sound and video recordings in a sealed package if the seal was removed after the delivery
– for the delivery of newspapers or magazines with the exception of subscription contracts.
Contract cancellation over the phone
If you would like to cancel the contract with gotomaxx GmbH over the phone, please call us at +49 (0) 63 92 – 995 – 100
gotomaxx software GmbH, Alte Bundesstr.10/16, 76846 Hauenstein, Germany, fax: +49 (0) 63 92 – 995 – 599, e-mail: firstname.lastname@example.org
12. Final provisions
The nullity of one or more clauses do not affect the validity of the rest. We draw attention to the fact that private data about the client that are necessary for business correspondance will be processed by us. We do this in the sense and with the care of the Federal Data Protection Law.