§ 1 General
- For business relations of any kind between GT-TECH LASER , owner: Dirk Gantefort, Am Prinzenbusch 22, 46414 Rhede (hereinafter referred to as “GT-TECH LASER”) and the customer, the following General Terms and Conditions shall apply in their currently valid version. Customers may be both entrepreneurs and consumers. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity (§ 14 BGB).
- The presentation of the products in the online shop does not constitute a legally binding offer, but only a non-binding online catalogue of the range of goods. By clicking the “Buy” button, the customer places a binding order for the goods contained in the shopping basket. A confirmation of receipt of the order follows immediately after the order has been sent. The purchase contract is only concluded with our separate invoicing. The text of the contract will be saved and the order data and the General Terms and Conditions will be sent to the customer by e-mail.
- GT-TECH LASER reserves the right not to provide the promised service if it transpires after conclusion of the contract that the goods are not available although a corresponding commitment transaction has been concluded. In such a case, the Customer shall be informed immediately. Any consideration already paid shall be refunded without delay. Further claims against GT-TECH LASER are excluded.
- The contractual language is German.
§ 2 Warranty and compensation
- Defects or damage attributable to culpable or improper handling or improper installation as well as use of unsuitable accessories or modifications of the original parts by the customer or a third party not commissioned by GT-TECH LASER shall be excluded from the warranty.
- Wear and tear based on use is also excluded from the warranty.
- If the Customer accepts the goods or the subject of the order despite knowledge of a defect, he shall only be entitled to warranty claims to the extent described below if he expressly reserves the right to do so in text form (e.g. e-mail) immediately after receipt of the goods.
- The customer shall only be entitled to warranty claims due to existing transport damage if he has complied with his obligation to inspect and notify in accordance with § 2 number 4. This does not apply if the customer is a consumer.
- The warranty period for new goods is 24 months. The period begins with the transfer of risk. The warranty period for used goods shall be 12 months by way of derogation, unless GT-TECH LASER is subject to unlimited liability pursuant to § 5 number 7, in particular for injury to life, body and health. If the Customer is an entrepreneur, the warranty period for new items shall be one year and for used items six months from the transfer of risk, unless GT-TECH LASER is subject to unlimited liability in accordance with § 5 number 7, in particular for injury to life, body and health.
- In all other respects the warranty shall be governed by the statutory provisions.
- GT-TECH LASER shall only be liable for damages other than those resulting from injury to life, body and health insofar as these are based on intentional or grossly negligent action or on culpable breach of an essential contractual obligation by GT-TECH LASER or a vicarious agent (e.g. the delivery service) of GT-TECH LASER. Any further liability for damages is excluded. The provisions of the Product Liability Act shall remain unaffected. If an essential contractual obligation is negligently breached, the liability of GT-TECH LASER shall be limited to the foreseeable damage.
§ 3 Retention of title
- Until full payment of all claims existing against the customer, including all existing ancillary claims, the delivered goods shall remain the property of GT-TECH LASER, insofar as the customer is a merchant within the meaning of the German Commercial Code (HGB). In the case of contracts with consumers, GT-TECH LASER shall retain ownership until the purchase price has been paid in full.
- The customer shall not be entitled to sell the goods to third parties or to take any other measures endangering the ownership of GT-TECH LASER until the purchase price has been paid in full. The customer already now assigns to GT-TECH LASER his future claims against the purchaser in the amount of the purchase price agreed between GT-TECH LASER and the customer, including interest and ancillary claims. GT-TECH LASER accepts this assignment.
§ 4 Place of fulfilment
- German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the event that the Buyer is a consumer, this shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
- The place of performance for all services arising from the business relationship existing with GT-TECH LASER is Markt Einersheim, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 5 Rights to software products
- With the delivery and payment of software programmes or laser shows no ownership of the programme is acquired, but only the right of use. The programmes remain the property of the manufacturer. The purchaser is not permitted to reproduce the programmes, in whole or in part, on the same or other media. Exceptions to this are reproductions which the purchaser makes for himself for data backup purposes. These reproductions may not be passed on to third parties. They may only be used by the purchaser if the original is no longer usable due to damage or destruction. The purchaser undertakes neither to pass on the programmes to third parties nor to make them accessible in any other form. Third parties in this sense are also branches of the purchaser or subsidiaries. The same provisions regarding reproduction and disclosure shall apply to the programme manuals and other documents. If the purchaser has acquired the programme or the programme carrier for resale, he is not permitted to reproduce the programme in whole or in part, not even for the purpose of data backup.
- The reseller may only hand over the programs to third parties after they have undertaken in writing to comply with these General Terms and Conditions of Sale, Delivery and Payment of GT-TECH LASER both vis-à-vis the reseller and GT-TECH LASER.
6. copyrights and rights of use
- All laser shows provided by us are protected by copyright.
- You acquire a temporally unlimited, simple, non-transferable right of use exclusively for non-commercial use. You are not granted any exploitation rights. In particular, you may not distribute the acquired laser shows – neither digitally nor in any other form, in whole or in part – (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form. The right of reproduction (Section 16 UrhG) is limited to acts of reproduction which are exclusively for the user’s own use.
- The granting of the rights of use by us to you is subject to the condition precedent of full payment of the purchase price.
- We are entitled to individually personalise digital contents made available for download with visible and invisible markings in order to enable the identification and legal prosecution of the original purchaser in the event of improper use.
§ 7 Due date and terms of payment
- The invoices of GT-TECH LASER are – unless otherwise agreed in writing – payable immediately and without deduction. Payment shall be made by cash on delivery. Orders paid in advance will only be dispatched after receipt of payment.
- If the customer is in arrears with the payment of the purchase price, interest shall be charged on the sum of the purchase price during the period of arrears at a rate of five percentage points above the respective base interest rate. If GT-TECH LASER has demonstrably incurred a higher damage caused by default, GT-TECH LASER shall be entitled to assert this.
§ 8 Alternative dispute resolution
The seller shall not be obliged to participate in a dispute resolution procedure before a consumer arbitration board and shall in principle not be prepared to do so.
§ 9 Final clause
Should any of these provisions – for whatever reason – not be applicable, this shall not affect the validity of the remaining provisions.
Updated on 28.12.2021