General Terms and Conditions of A+B Solutions GmbH
Registered office of the company
A+B Solutions GmbH
Lorcher Strasse 141/5
73529 Schwaebisch Gmuend
Managing directors authorized to represent the company: Ralf Stetter, Gerhard Strauss
Register court: Local court Ulm
Register number: HRB 70 20 20
Value added tax identification number in accordance with § 27 a of the Value Added Tax Act: DE 226360068
§1 Scope of application
a) The GTC shall also apply to all future business relationships in the version valid at the time of conclusion of the contract, even if they are not expressly agreed again beforehand.
b) Terms and conditions that deviate from, contradict or supplement these GTC shall not become part of the contract, even if they are known, unless their validity is expressly agreed to.
§2 Offers / subsidiary agreements
a) Our offers are non-binding unless the offer contains a commitment period.
b) If one of our order confirmations contains changes to the order, these shall be deemed approved by the customer unless the customer immediately objects in writing.
c) Your order constitutes a binding offer to conclude a purchase contract. A purchase contract is concluded when you receive a confirmation of acceptance from us or when we dispatch the ordered product to you. If you do not receive a confirmation of acceptance or delivery from us within seven days, the offer to conclude a contract is deemed to have been rejected.
d) The order data will be saved. You can inform us of changes to your personal data at any time.
a) Our delivery shall be ex works or ex warehouse to the delivery address specified by you with a transport company selected and commissioned by us.
b) A+B shall bear the risk of accidental loss of the goods until they are handed over by the shipping company. If the customer is not a consumer within the meaning of § 13 BGB, the following applies: The risk shall pass to the customer when the goods are handed over to the transportation company. A+B shall be released from its obligation to perform upon handover to the transport company. The goods are transported at the customer’s risk.
c) The customer is responsible for providing evidence of transport damage. For this purpose, the goods or their packaging must be checked for any damage, e.g. due to impact, dropping, compression or moisture, upon receipt and confirmed by the carrier of the shipping company and reported to us. The statutory rights of the customer remain unaffected by this.
d) Unless otherwise agreed, delivery dates or delivery periods are non-binding. If a previously agreed binding delivery date or a binding agreed delivery period is not met, we shall only be liable for damages in the event of intentional or grossly negligent behavior.
e) Compliance with our delivery obligation presupposes the timely and proper fulfillment of your obligations. If it turns out that you are not in a position to pay for the goods, we shall be released from the obligation to deliver and may terminate the purchase contract.
f) Should the purchased item not be produced or no longer be produced or available by the manufacturer after the purchase contract has been concluded and should the performance of our contractual obligation become impossible as a result of this or for other reasons not foreseeable at the time of the conclusion of the purchase contract and for which we are not responsible, we shall be entitled not to provide the promised service, to dissolve the purchase contract and to return payments made. The statutory rights of the customer remain unaffected by this.
§4 Prices, payment
a) The list prices at the time of the order shall apply to all deliveries and services. Our prices are quoted in Euro including the currently valid value added tax, plus shipping costs.
b) The corresponding shipping costs can be found in our information on payment and shipping.
c) Payment of the total amount shall be made in accordance with the terms of payment agreed in the order.
d) The buyer may only offset counterclaims if the counterclaim is undisputed or has been legally established.
§5 Warranty, guarantee, liability
a) A+B shall assume the warranty for the goods delivered and services rendered within the scope of the statutory provisions. The warranty period for new goods is 24 months from the transfer of risk. This period is a limitation period and also applies to claims for compensation for consequential damage caused by defects, provided that no claims in tort are asserted.
b) For goods that are expressly labeled as used goods, the warranty period is 12 months from the transfer of risk.
c) In the event of a defect, we shall be entitled, at the customer’s discretion, to remedy the defect by repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the customer.
d) If we are unwilling or unable to provide subsequent performance, if this is delayed beyond a reasonable period of time for reasons for which we are responsible, or if subsequent performance fails in any other way, you are entitled, at your discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price. Any claims for damages on the part of the customer remain unaffected by this.
e) A+B shall only be liable for damages other than those caused by injury to life, limb and health insofar as these are based on intentional or grossly negligent action or on culpable breach of a material contractual obligation by A+B or its vicarious agents. Any further liability for damages is excluded. Pre-contractual liability and the provisions of the Product Liability Act remain unaffected by this.
f) Guarantee commitments by the manufacturer establish a separate legal relationship between the customer and the manufacturer. Claims arising from guarantee commitments can be asserted directly against the guarantor. The right to warranty claims remains unaffected by this.
g) If the customer is not a consumer within the meaning of § 13 BGB, the following shall apply in addition: The warranty period is one year. The warranty is excluded for goods that are expressly labeled as used goods. §§ Sections 377, 378 HGB remain unaffected.
h) Customers who are not consumers within the meaning of § 13 BGB must inspect the delivered products within 3 days of receipt for conformity with the contract and report any recognizable defects immediately. Otherwise the delivered products shall be deemed approved.
§6 Return costs
If the consumer makes use of his right of withdrawal according to section 7 of the GTC, he has to bear the costs for the return of the goods if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40.00 euros or if, in the case of a higher price of the goods, the consumer has not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal.
§7 Right of withdrawal
If the customer is not a consumer within the meaning of § 13 BGB, he has no right of withdrawal in accordance with § 312d BGB in conjunction with §§ 355, 356 BGB.
Cancellation policy/right of withdrawal
You can revoke your contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, e-mail) or – if the goods are delivered to you before the deadline – by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to § 312c para. 2 BGB in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. Timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be sent to:
A+B Solutions GmbH, Lorcher Str. 141/5, 73529 Schwaebisch Gmuend
Phone : +49 7171 92740-0
Fax: +49 7171 92740-44
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the goods or services received in full or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible in a store, for example. In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from doing anything that could impair its value. Items that can be sent by parcel post are to be returned at our expense and risk. You must bear the costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed 40 euros or, if the price of the goods is higher, if you have not yet paid the consideration or a contractually agreed part payment at the time of revocation. Otherwise the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
The right of withdrawal does not apply to
Goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded and for the delivery of audio or video recordings or software if the sealed data carrier has been unsealed by the customer.
Special notes: Your right of revocation expires prematurely if your contractual partner has begun to perform the service with your express consent before the end of the revocation period or if you have initiated this yourself.
End of the cancellation policy
§8 Retention of title
a) The goods remain the property of A+B Solutions GmbH until the purchase price has been paid in full. In the event that the goods delivered by A+B Solutions GmbH are resold by the client, the client’s claims against third parties are hereby assigned to A+B Solutions GmbH.
b) Extraordinary dispositions, such as pledging or transfer by way of security, are only permitted with the consent of A+B Solutions GmbH. If the object of performance is seized by a third party, the client is obliged to inform the enforcement officer of A+B Solutions GmbH’s ownership and to inform A+B Solutions GmbH immediately by sending the seizure protocol.
§9 Placing of order
a) The subject matter, scope and time of performance shall be agreed in writing between A+B Solutions GmbH and the client prior to the commencement of the execution of an order.
b) Amendments and additions to the order must be confirmed in writing by A+B Solutions GmbH in order to become part of this contractual relationship.
c) A+B Solutions GmbH reserves the right to use other appropriately qualified service providers to fulfill the contract and to place orders with them in the name and for the account of A+B Solutions GmbH.
§10 Execution of the order
a) The client shall provide the technical, operational and other information and guidelines required for the execution of the orders.
b) The progress of the work shall be confirmed by the client by signing the reports submitted to him. After completion of the order, an acceptance report to be signed by the client and A+B Solutions GmbH shall be drawn up, likewise in the case of self-contained partial services.
c) If A+B Solutions GmbH systems and hardware are used on site as part of the order, or if such systems and hardware are rented to the client for use, the client shall be liable for all direct damage caused by improper handling, as well as for the loss, destruction and any damage to the systems and hardware used as part of the order. This does not apply if the damage was caused by A+B Solutions GmbH.
a) The prices (daily rates or hourly rates) can be agreed as a binding fixed price or as a guide price based on hourly expenditure. If billing is agreed on an hourly basis, A+B Solutions GmbH shall carry out a management report for approval, which shall serve as the basis for invoicing after completion of the order.
b) The invoicing of expenses (hotel accommodation, travel expenses and daily allowances) shall be agreed separately with the client, based on the applicable guidelines of A+B Solutions GmbH.
c) Orders shall be invoiced in installments, to be agreed separately, according to the progress of work.
d) All prices are subject to value added tax at the statutory rate.
§12 Due date, payment & delay
The purchase price shall be due net upon delivery and acceptance of the service within 30 days of receipt of the invoice without any deductions. If the customer is in delay of payment, A+B Solutions GmbH shall be entitled to charge interest on arrears at a rate of 4% p.a. above the interest rate announced by the European Central Bank.
§13 Cancellation of order
If an order is canceled, the scope of services rendered up to that point shall be invoiced. The assertion of further claims shall remain unaffected by this.
§14 Data collection
A+B Solutions GmbH processes and uses personal data for order processing, to maintain customer relations and for our advertising campaigns. The data required for this purpose may be forwarded to service providers. For the purpose of its own credit check, A+B Solutions GmbH may retrieve creditworthiness information on the basis of mathematical-statistical procedures from third parties and/or from SCHUFA, 28195 Bremen.
In addition, we transmit address and negative data to third parties who provide creditworthiness information on the basis of mathematical-statistical procedures for credit assessment purposes where there is a legitimate interest.
You can of course object to your data being passed on for advertising purposes at any time. Please contact A+B Solutions GmbH, Lorcher Str. 141/5, 73529 Schwaebisch Gmuend, Germany, for further information or if you no longer wish to receive advertising from us, by sending us a message.
§15 No liability for “links”
A+B Solutions GmbH hereby expressly distances itself from all contents of linked pages or graphics and does not adopt them as its own under any circumstances. All violations of applicable law, custom or morality of which A+B Solutions GmbH becomes aware will result in the immediate deletion of the corresponding links, graphics, entries or similar.
§16 Choice of law
The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
§17 Place of jurisdiction
a) If the contractual partner is an entrepreneur or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of A+B Solutions GmbH in Schwaebisch Gmuend. This shall also apply if the contractual partner has no general place of jurisdiction in Germany or if its place of residence or habitual abode is unknown at the time the action is filed.
b) In the case of contractual partners with a place of business or residence outside Germany, A+B Solutions GmbH may also choose to bring an action at the contractual partner’s place of residence or business.
§18 Final provision
Should any provision of the contracts concluded on the basis of these General Terms and Conditions be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The invalid part shall be replaced by a valid part by way of agreement; if this is not possible, the law shall apply. This provision shall also apply if the above contractual provisions contain a loophole.
The costs of a lawyer’s warning without prior contact with the operator will be rejected in the sense of the duty to minimize damages.