Terms and Conditions (GTC) TT-Software / Databases, Owner: P. Goellner (Fritscher), Calle Fasnia 6,
E-38 588 Abades / Arico, Tenerife
All our deliveries and services solely on the basis of these terms and conditions. Conditions deviating from these provisions, including terms and conditions of the buyer, to take effect only after our written confirmation.
II. Conclusion of Contract
1. In brochures / web sites or similar documents contained and made with any other offer product descriptions such as illustrations, drawings, descriptions, dimensions, weight, performance and consumption data and information relating to the use of equipment for new technologies subject to change unless they are expressly designated as binding. This is especially true for the case of alterations and improvements which serve the technical progress. Slight deviations from such product shall be deemed approved and shall not affect the performance of contracts, unless they are unreasonable for the buyer.
2. The order signed by the buyer is binding for orders through the Internet, the dispatch of the order binding. We are entitled to accept the contract offer within four weeks by sending an order confirmation. Deliveries and Invoicing are confirmed in writing immediately.
1. The agreed prices are from the shop operator and owner of the shop without installation, training or other benefits.
2. Payments for orders made exclusively from the Internet in advance. Authorities and companies can ever be supplied on request on account. Purchase orders are to be paid in advance on our account.
3. The acceptance of checks is not possible.
Delivery is exclusively via download link.
V. Retention of title
1. All our deliveries are subject to payment. In commercial transactions, the ownership of the purchased goods until the receipt of all payments from the ongoing business relationship with the buyer.
2. Before the transfer of property is the pledging or transfer of ownership of the goods prohibited. Resale is permitted only within the ordinary course of business. In the event of resale of the goods the buyer shall already now its purchase price against the buyer the full amount to us.
3. Is the purchaser with a full or partial payment in default, he makes his payments and otherwise arise legitimate doubts about its solvency or creditworthiness,and it is no longer entitled to dispose of the goods. In such a case we can cancel the contract and / or revoke the authority to collect the buyer against the consignee. We then have the right to request information about the consignee, notify them of the transfer of claims to us and collect the buyer's claims against the consignee.
4. If the combined value of all securities due to us under these provisions, the amount of all secured claims by more than 25%, we will release the buyer's request a corresponding portion of the security.
5. In commercial transactions, is during the period of retention of title in our property sold by the purchaser against fire, flood, theft, burglary and theft. The rights under this insurance shall be assigned to us. We accept this assignment.
1. In case of defects of the delivered goods, which include the absence of guaranteed properties, we are entitled at our option, repair the defective Product or to re-supply.
2. The buyer's claims are dependent upon ensuring that the buyer of obvious defects within two weeks and shows no obvious defects within six weeks after delivery.
3. The buyer is obliged to allow us to verify delivery of the defective item at our option, the buyer or us. If the buyer refuses to review us, we are exempt from the warranty.
4. The foregoing provisions of paragraphs 1 to 3 sentence 1 shall apply to such claims by the purchaser, which was done by under the contract proposals or advice, or caused by injury of reconnaissance, information and consulting services. Unless the buyer is entitled to monetary damages, this will not be affected.
5. The assignment of warranty claims to third parties.
6. The buyer sells the goods delivered by us to third parties is forbidden from referring to because of the associated legal and / or contractual warranty claims on us.
7. If the buyer is a merchant, touching complaints of lack of maturity of the purchase price claim is not, unless their authority is acknowledged in writing by us or is legally established.
1. In commercial transactions, we are liable only to the foreseeable damage, unless this was caused by ordinary negligence.
2. For the retrieval of data we are not, unless we have caused their destruction, intentionally or through gross negligence and ensures the buyer that the data from data that is available in machine readable form, can be reconstructed with reasonable effort.
3. Insofar as our liability is excluded or limited, this applies also to the personal liability of our officers, employees, representatives and agents.
VIII. Place of performance, jurisdiction and legal system
1. For contracts with merchants is agreed as place of delivery and payment as well as jurisdiction of the seller, with the proviso that we are entitled to sue at the place of registered office or a branch of the buyer.
2. If the buyer has no general jurisdiction in Germany or if he moves his domicile or habitual residence outside the scope of the headquarters of the seller, is our principal place of business. This also applies if the buyer's domicile at the time the action is not known.
3. It is the law of the company's headquarters - the country of the seller. The provision of the CISG does not apply as between us and the buyer.
IX. Other Agreements
If any provision of these terms and conditions in whole or in part, be or become invalid, the validity of the remaining provisions shall not be affected thereby