1. Scope of validity

These are the General Terms and Conditions of C.A.I. Systeme GmbH, hereinafter referred to as “we”.

According to Section 13 of the German Civil Code (BGB), consumers in the context of these General Terms and Conditions are only natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. All other natural persons and legal entities are deemed to be entrepreneurs within the scope of these GTC.

All deliveries and services are provided exclusively on the basis of these terms and conditions.

These terms and conditions shall therefore also apply to all future business relations with entrepreneurs, even if they are not expressly agreed again. Counter-confirmations of the buyer with reference to his terms and conditions of business or purchase are hereby expressly rejected. Deviations from these terms and conditions require our written consent.

2.Delivery and services

2.1 Our offers are always non-binding and subject to change.

2.2 Orders shall only be deemed accepted if they have been confirmed by us in writing by means of an order confirmation. An order in our webshop or by other electronic means constitutes an offer to conclude a purchase contract. For these orders, we send an automatic order confirmation by e-mail, which confirms receipt of the order and lists its details (ordered items, selected payment and delivery conditions, etc.). This order confirmation expressly does not constitute acceptance of the offer, but merely informs you that the order has been received. We reserve the right to change individual aspects of the offer. This applies in particular to the terms of payment and delivery.

2.3 Notwithstanding the customer’s order, we reserve the right to offer contractual products that have been modified and adapted in terms of technology and design, provided that this does not impair their intended functionality. These changes require acceptance by the customer.

2.4 We reserve the right to make partial deliveries to entrepreneurs and to invoice them. This only applies to consumers if this is reasonable for the customer.

2.5 The delivery date shall be agreed in accordance with our anticipated performance capacity and shall be subject to unforeseen circumstances and obstacles, irrespective of whether these occur at our premises or those of the supplier, such as force majeure, government measures or late deliveries by suppliers through no fault of our own. Such events shall delay the delivery date accordingly, even if the service is already behind schedule.

2.6 If a delivery is delayed beyond the agreed delivery date, the customer shall be entitled to withdraw from the contract, granting a reasonable grace period and excluding any further claims. This shall not affect the right of cancellation in accordance with point 4 of these GTC. If the customer is an entrepreneur, this right shall only apply in the event of a delay of 14 days after the agreed delivery date.

2.7 If a delivery is delayed by more than two weeks or if we are no longer able to fulfil our obligations, we shall also be entitled to withdraw from the contract in whole or in part without any claims on the part of the customer. Any services already rendered by the customer shall be reimbursed immediately. In the event of non-availability of the service, we shall inform the customer immediately.

2.8 We reserve the right to provide the agreed service only after expiry of the cancellation period in accordance with point 4 of these GTC. This applies in particular to the purchase of digital content.

3. Cancellation, postponement of delivery dates

3.1 Any agreement on the postponement of delivery dates must be made in writing. If the customer is in default of acceptance, we have the right to either withdraw from the contract or to specify a new delivery date. Any costs incurred shall be charged to the customer separately.

3.2 Orders can no longer be cancelled after delivery. This does not affect the right of cancellation in accordance with point 4 of these GTC.

3.3 If the customer is an entrepreneur, we reserve the right to claim damages up to the amount of the list price of the order without separate proof if the customer cancels confirmed orders in whole or in part or agrees a postponement of the delivery date with us for which he is responsible.

4. Revocation

4.1 The following cancellation policy only applies if the customer is a consumer.

4.2 You can cancel your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. We provide a sample cancellation form, but its use is not obligatory. Cancellation by telephone is excluded. The period begins after receipt of the cancellation policy in text form, but not before complete 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 fulfilment of our information obligations in accordance with Article 246a § 1 paragraph 2 sentence 1 number 1 and Article 246b § 2 paragraph 1 EGBGB. Timely dispatch of the cancellation is sufficient to comply with the cancellation period. The cancellation is to be sent to: C.A.I. Systeme GmbH, Josef-Orlopp-Str. 38, 10365 Berlin or by email to vertrieb@cai-systeme.com.

4.3 The right of cancellation does not apply to audio or video recordings (e.g. CDs, DVDs) and software products if these have been unsealed by the customer. Furthermore, the right of cancellation does not apply to services and goods that are manufactured according to customer specifications. If you have expressly consented to us commencing performance of the contract before expiry of the cancellation period, the right of cancellation shall expire prematurely for the purchase of digital content.

4.4 In the event of an effective cancellation, the services received by both parties must be returned. If you are unable to return the service received in full or in part or only in a deteriorated condition, you must compensate us for the value. This may mean that you must nevertheless fulfil the contractual payment obligations for the period up to the cancellation. 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 for you in a shop, 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 risk in an insured form by the most favourable means. Items that cannot be sent by parcel post will be collected from you. You must bear the costs of the return shipment. In the case of collection by us, only up to the amount of the transport costs incurred for sending the goods to you. Obligations to return the services received must be fulfilled within 14 days. The period begins upon receipt of the cancellation by us. We are only entitled to refund the purchase price paid once we have received the goods returned by you.

4.5 In the case of contracts for the provision of services, your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation.

Cancellation form

5. Acceptance and transfer of risk

5.1 If the contractual partner is an entrepreneur, the goods must be inspected for damage and completeness immediately upon receipt by the customer. If no complaint is made within one week, the delivery shall be deemed to have been accepted.

5.2 Insignificant defects which do not affect the functionality of the delivery item do not justify rejection of the delivery.

5.3 For entrepreneurs, the risk shall pass upon handover to the carrier, its authorised representative or any other person designated by us; for consumers, the risk shall pass upon direct handover of the subject matter of the contract to the customer or its authorised representative.

6. Warranty and liability

6.1 We guarantee that the contractual products are free from defects, including the absence of a warranted characteristic. The products are manufactured with due care. However, the parties are aware that, given the state of the art, it is not possible to rule out defects under all conditions of use.

6.2 In the case of delivery to consumers, warranty claims against us shall lapse within twenty-four months of delivery. In the case of deliveries to entrepreneurs, the warranty period shall be reduced to twelve months. Warranty claims are not transferable. Irrespective of this, we pass on any guarantee and warranty promises made by the manufacturer to our customers in full, without being liable for them ourselves.

6.3In the event of a warranty claim, we shall choose between repair or replacement. Replaced parts shall become our property. If the rectification of defects fails and the customer has set us a reasonable deadline, he may demand either a reduction in payment (abatement) or cancellation of the contract (rescission). The assignment of these claims is excluded. If a replacement delivery is made, the customer is obliged, unless otherwise agreed, to return the goods first delivered to us before the replacement delivery.

6.4 In the event of rectification, we shall bear the labour costs and all other ancillary costs, in particular transport costs for the replacement part. If the customer is an entrepreneur, he shall bear the resulting transport and ancillary costs.

6.5 If operating and maintenance instructions are not followed, unauthorised modifications are made to the products, parts are replaced and consumables are used that do not comply with the original specifications, all warranty claims will be invalidated.

6.6 If the contractual partner is an entrepreneur, defects must be reported to us in writing immediately, but at the latest within one week; hidden defects must be reported immediately after their discovery.

6.7 If the inspection of the notification of defects shows that a guarantee or warranty claim does not exist, we shall invoice the costs of the inspection of the repair at the applicable service prices as well as any shipping costs. The same applies to repairs at the customer’s premises, whereby we are entitled to invoice the costs of the journey at the applicable kilometre rates.

6.8 Further claims, regardless of the legal grounds, are excluded. We are therefore not liable for damage that has not occurred to the delivery item itself; in particular, we are not liable for loss of profit or for other financial losses. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence or in the event of personal injury. Furthermore, it shall not apply if the customer asserts claims under §§ 1, 4 of the Product Liability Act. If we negligently breach an essential contractual obligation, the obligation to pay compensation for material damage shall be limited to the typically occurring damage.

6.9 The general product descriptions in brochures, magazines, price lists, the Internet or other publications do not constitute any quality agreements or guarantees. This applies in particular to the appearance, dimensions and weights of the goods. This also applies to specified performance data, insofar as these do not determine the suitability for the intended or customary use. This agreement also applies to information provided by the manufacturers of goods or components. We expressly do not guarantee that such information provided by third parties is correct and complete. Any further use shall only be made with our written consent.

7. payment conditiones

7.1 Payments are due immediately upon receipt of the invoice without any deductions, unless otherwise agreed in writing.

7.2 We shall be entitled to offset payments against the buyer’s older debt first, despite any provisions of the buyer to the contrary. If costs and interest have already been incurred, we shall be entitled to offset the payments first against the costs, then the interest and finally against the principal performance.

7.3 If the Buyer is in default, we shall be entitled to charge interest at the usual bank rate from the relevant date, but at least 9% for entrepreneurs and 5% for consumers above the respective base rate of the European Central Bank. The right to claim further damages caused by default remains unaffected.

7.4 Default shall occur after expiry of the payment term stated in the invoice or, if no such term has been agreed, after expiry of 30 days after receipt of the invoice.

7.5 If the buyer does not fulfil his payment obligations in accordance with the contract or if we become aware of other circumstances that call the customer’s creditworthiness into question, we shall be entitled to declare the entire remaining debt due, to demand advance payments, securities or concurrent delivery

7.6 If payment terms are exceeded, we are entitled to withdraw from further contracts.

7.7 The buyer is only entitled to offset, withhold or reduce the purchase price, even if complaints or counterclaims are asserted, if we expressly agree or if these have been legally established.

8. Reservation of ownership

8.1 All products delivered shall remain our property until all claims, including future claims, arising from this contract and from the business relationship with the customer have been fulfilled.

8.2 The customer is authorised to pass on the goods in the ordinary course of business subject to retention of title. If third parties seize the goods subject to retention of title, the customer must draw attention to our ownership of the goods and inform us immediately. In the event of resale to third parties, the customer shall be responsible for ensuring that the third party takes our rights into account.

8.3 If the goods subject to retention of title are combined or mixed with other goods, we shall acquire co-ownership of the new item in proportion to the value of the invoice amount of the goods subject to retention of title. The same provisions shall apply to the processing of the reserved goods.

8.4 In the event of default of payment, also from other and future deliveries or services, we may enter the customer’s business premises to assert the retention of title to the reserved goods and take possession of the reserved goods.

8.5 The assertion of the retention of title or the seizure of the delivery item by us shall not be deemed a cancellation of the contract if the customer is a merchant.

9. Granting of rights, customer works

9.1 Customers who provide us with works for publication (e.g. websites, magazines) grant us a licence, unlimited in time and place, for further use of the works unless otherwise agreed in writing. We will name the author as the author unless the author declares that he or she wishes to remain anonymous.

9.2 We reserve the right not to display reviews intended for publication on our websites, or to display them only for a certain period of time, or to shorten or amend them.

9.3 Works by customers that we publish or have published by third parties reflect the opinions of the customers. The content does not necessarily reflect our opinion.

10. Place of fulfilment and jurisdiction

10.1 If the contractual partner is not a consumer, the place of fulfilment and jurisdiction is Berlin.

10.2 The law of the Federal Republic of Germany shall apply. The application of the EKG and the EKAG is expressly excluded.

The delivery date shall be agreed in accordance with our anticipated performance capacity and shall be subject to unforeseen circumstances and obstacles, irrespective of whether these occur at our premises or those of the supplier, such as force majeure, government measures or late deliveries by suppliers through no fault of our own. Such events shall delay the delivery date accordingly, even if the service is already behind schedule.