Terms and conditions PDF Print E-mail

Coverage

Only the General Terms and Conditions of Simvelop GmbH are valid. General Terms and Conditions of the customer will not be accepted unless Simvelop GmbH agreed explicit to their prevalence in written form.

Verbal arrangements do not remain at time of contract completion. Future arrangements requires the written form for their efficiency. This is also valid for the agreement or the release of the dedicated written form.

Angebots- und Entwurfsunterlagen

Die Eigentums- und Urheberrechte an vom Auftragnehmer erstellten Kostenvoranschlägen, Programmen, Zeichnungen, Programmen und Entwürfen sowie deren rechnerischen Grundlagen sind zu wahren. Der Auftraggeber hat dem Auftragnehmer alle für die Erbringung des Werkes / der Leistung notwendigen Unterlagen zur Verfügung zu stellen sowie die zur Leistungserbringung erforderlichen Informationen und Auskünfte zu erteilen. Alle Angebote sind für den Auftragnehmer 21 Werktage verbindlich.

Offers, Conclusion of Contracts, Liability of Service and Delivery, Transfer of Risk

Offers on these website are without engagement in case that there is no explicit binding assurance. The contract will concluded on the basis of filling in and confirmation of the online ordering form on the one hand and confirmation or carrying out the order by Simvelop GmbH on the other hand.

Sale and delivery of the goods shall be subject to correct and punctual supply to ourselves. Depends the delivery on a supply of a pre-supplier and fails these delivery because of reasons which we have not act for, we are able to recess from the contract. Then the customer have no right for compensation.

Partial delivery will be acceptable as far as the customer is interested and they are observably reasonable. Will Simvelop GmbH make us of this privilege, charges for postage and packaging will elate only one time.

The delivery will be made uninsured. Upon the customer's request, transportation insurance will be taken out for the delivery, at the customer's expense.

Prices, Payment Terms and Reservation of Proprietary Rights

The list prices which are prepared on the homepage at time of the order are valid.

The prices are quoted ex works incl. VAT (Currently 19% for Germany). For Packaging and Postage (Shipping Costs) separate charges will be counted.

Simvelop GmbH delivers for prepayment, advanced payment, orders via depit advance from the bank account or per cash on delivery. All goods delivered, will remain property (goods subject to retention of title) of Simvelop GmbH until full payment of all claims of any kind resulting out of the relevant order and all other claims already existing at the time of place of order with respect to the certain customer.

Prohibition of Compensation and Retention

The customer is not authorized to balance his expenses to our pecuniary claims unless the outstanding debits are detected undisputed and legal.

The customer ist not authorized to raise retention regarding our pecuniary claims - also not from notice of defects - unless they results from the same contractual relationship.

Warranty and Liability

The statutory warranty applies subject to the following limitations. The assignment of warranty rights is excluded. In case obvious damages during shipment will be noticed, the recipient is obliged to report the damages with the carrier (shipping company) promptly. Other damages during shipment have to be reported in writing to Simvelop GmbH within 7 days beginning from the day of receipt.

In case supplementary performance will be executed by the way of compensation delivery, the customer is obliged to return the goods replaced within 30 day to Simvelop GmbH at the expense of Simvelop GmbH.

Simvelop GmbH are not liable for defects resulting from inappropriate handling, regular abrasion or foreign objects. Any warranty ceases in case of any repair of the goods done by the customer or any third party, if done without written consent of Simvelop GmbH. Simvelop GmbH is liable according to the statutory law of warranty in all cases of willful or grossly negligent wrong doing.

Simvelop GmbH is liable in all cases of slight negligent breach of contractual essential obligations, if the breach of endangers the achievement of the purpose of the contract and the costumer usually on its observance relies. In this cases Simvelop GmbH is liable for the foreseeable and contract specific damage. Simvelop GmbH is not liable for the slight negligent breach of other obligations. This limitation of liability shall not apply in all cases of injury of life, body or health, for variations regarding specifications Simvelop GmbH expressively guarantied and for defects fraudulent concealed. Any liability according to the product liability law (Produkthaftungsgesetz) shall be unaffected by this limitation. Simvelop GmbH is liable to the same extent for the guiltiness of sit factors, servants and assignees.

The provision of preceding section applies to any liability analogous. This applies to damages in addition to the performance, damages instead of the performance, tortious liability, claims of compensation for wasted expenditures, regardless the legal its legal basis including the liability for defects, delay of performance or impossibility of performance.

Right of revocation:

You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) within a period of 2 weeks. The revocation does not have to contain any grounds. We will forward this revocation instruction to you again in text form. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form.

The revocation is to be addressed to:

Simvelop GmbH
Wilhelmstr. 40
65582 Diez
Germany


Tel.: +49 (0)6432/508270
Fax: +49 (0)6432 / 8009621
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Please contact us before sending the merchandise back, so that we can allocate it to you.

Please note that we do not accept software which has been opened and used (the activation key has been retrieved). Neither do we accept hardware, which has been partly or completely soldered.

Consequences of revocation:

In case of valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise - as for instance in a retail store - or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bare the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

Information

As far as the contractual partners advise via electronical post (E-Mail) they accept the absolute effectivity of the forwarded declaration of intent after the requirement on the following terms:

Applicable Law

The contractual partners declare concerning all privities of contract from these contractual relationship, current as well as future the application of the German Civil Code ("Bürgerliches Gesetzbuch").

Place of Fulfilment and Venue

Place of fulfilment for all services on both sides of this contract will be the office of Simvelop GmbH.

The court of jurisdiction for the place of fulfilment will only concerted at the responsible court if the customer is a merchant.

Severability Clause

Should several terms of these AGB be or will be void, the terms for the rest wlll stay effective.