General terms and conditions
Terms of contract within the scope of purchase contracts concluded via the platform https://www.primas-software.de
between
P.R.I.M.A.S!
Kladower Damm 316 c-d
14089 Berlin
Germany (German)
– hereinafter referred to as the “Provider” –
and
the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter referred to as “Customer/Customers” – are concluded.
§ 1 Scope of application, definitions
(1) For the business relationship between the provider and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the offerer agrees to their validity expressly in writing.
(2) For the sale of digital products, the licensing agreements attached to the digital products, in particular, shall apply to the restrictions apparent from the product description or otherwise resulting from the circumstances. In the case of two parties, only commercial use without the right to resell or sub-license is granted.
§ 2 Conclusion of contract
(1) The Customer may select products from the Supplier’s product range and collect them in a so-called shopping basket by clicking the “Add to shopping basket” button. Via the button “Buy now” he or she submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The supplier will then send the customer an automatic confirmation of receipt with the subject “Confirmation of your order with P.R.I.M.A.S!” by email, in which the customer’s order is listed again and which the customer can print using the “Print” function. The customer’s order (1) represents the offer to conclude a contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. The content of the order is summarized in this. In this email or in a separate email, but at the latest upon delivery of the goods, the text of the contract (consisting of order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (email or paper printout). The text of the contract is stored in compliance with data protection regulations.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment modalities
(1) Delivery times stated by us shall be calculated from the date of our order confirmation (§ 2 (2) of these General Terms and Conditions), subject to prior payment of the purchase price.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the provider is also entitled to withdraw from the contract. In this case he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions exist: The supplier delivers only to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.
(4) The customer can make the payment by immediate transfer, credit card or invoice.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, then the customer is already in default by default of the date.
§ 4 Retention of title
Until the purchase price has been paid in full, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the provider’s website are inclusive of the applicable statutory value added tax.
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). BGB. For entrepreneurs, the warranty period for items delivered by the supplier is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of the customer’s claims for damages arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced, if any, by the statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for Online Dispute Resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.