[ general terms and conditions for companies ]
legally represented by: Dennis Hollmann (managing director),
Phone: +49 711 205 04678
Email: [email protected]
§ 1 Scope
(1) These general terms and conditions (GTC) apply to all contracts concluded between devmetal and their commercial customers. In addition to the provisions of the GTC, the legal provisions apply.
(2) Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as devmetal has expressly agreed to their validity.
§ 2 Prices and terms of payment
(1) The current prices stated on the website or in devmetal's offer shall apply. These prices are net amounts, and unless otherwise agreed in individual cases, excl. VAT.
(2) The following means of payment are available to customers: direct transfer to devmetal's bank account as well as PayPal.
(3) The customer shall be in default without further notice from devmetal if he does not pay within 7 days of the due date and receipt of the invoice.
§ 3 Acceptance
(1) If contract law applies, devmetal shall notify the customer of the readiness for acceptance in text form (e.g. by email) after completion of the product. Acceptance must then be carried out within a period of 5 days. It must not be refused because of such defects which do not affect the functionality of the service, or only do so insignificantly.
(2) If acceptance is not carried out for reasons for which devmetal is not responsible, within a period of 14 days from notification of readiness for acceptance, acceptance shall be deemed to have taken place at the end of the aforementioned period. Acceptance shall also be deemed to have taken place as soon as the customer starts using the service.
§ 4 Liability for material and legal defects
(1) Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, the §§ 377 HGB (German Commercial Code) shall apply in addition.
(2) Damages caused by improper actions of the customer during the operation of the product do not constitute a warranty claim against devmetal.
(3) The warranty period is one year. The limitation period in the event of a delivery recourse pursuant to § 478 of the BGB (German Civil Code) remains unaffected.
The above limitations of liability do not apply to damage to life, body, and health; if the cause is due to intent or gross negligence on the part of devmetal; to the extent that devmetal has fraudulently concealed a defect or provided a guarantee for the quality of the goods.
(4) If defects are present and these have been claimed in good time, devmetal is entitled to subsequent performance. devmetal can determine the type of subsequent performance itself. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. For the rest, the statutory provisions apply.
§ 5 Exclusion of liability
(1) devmetal shall be liable to the customer in accordance with the statutory provisions for compensation for damages and expenses in the event of culpable injury to life, body and health, as well as in the event of intent and gross negligence, in the event of fraudulent concealment of a defect or a guarantee assumed by us, as well as in accordance with the Produkthaftungsgesetz of the Federal Republic of Germany.
(2) devmetal shall also be liable in the event of a slightly negligent breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the customer regularly trusts and may rely. In such cases, however, liability is limited to compensation for foreseeable damage typical of the contract.
(3) Furthermore, liability for compensation for damage and expenses, regardless of the legal reason, is excluded.
(4) The above provisions also apply in favor of devmetal's legal representatives and vicarious agents if claims are asserted directly against them.
§ 6 Third party property right
(1) devmetal guarantees that the performance results rendered within the framework of the contracts are free of third-party intellectual property rights and that according to devmetal, there are no other rights that restrict or exclude use in accordance with the respective agreements.
(2) devmetal releases the customer from all claims of third parties that claim a violation of intellectual property rights. The customer will inform devmetal immediately in text form (e.g. by email). The customer will leave devmetal's defense against these claims out of court as well as in court alone and at the expense of devmetal and will provide any reasonable support for this. This applies in particular to information about how the customer has used the product. These must be left as far as possible in text form (e.g. by email).
(3) Insofar as rights of third parties are infringed, devmetal has the right, to a reasonable extent for the customer, to change the contractual services at the customer's choice, either to the extent that they fall out of the scope of protection, but nevertheless comply with the contractual provisions, or to obtain the power to ensure that they can be used in accordance with the contract without any additional costs for the customer.
§ 7 Obligation of the customer to cooperate
(1) The customer is obliged to assist devmetal in the execution of the contractual relationship. This relates in particular to necessary data, information, and approvals as well as participation in the course of the project. It is also the customer's responsibility to provide the system requirements necessary for the proper execution of the installation.
(2) The customer is obliged to take account of system security. He is responsible for secure storage of all confidential information, in particular user IDs, passwords or access codes.
(3) The customer must also take appropriate measures to secure the data.
(4) If the customer fails to fulfil his obligations to cooperate even after devmetal has set a reasonable grace period, devmetal shall, at its option, be entitled to temporarily cease the execution of the order or to withdraw from the contract in whole or in part and to demand as compensation the expenses incurred so far, plus a loss of profit.
§ 8 Termination of the contractual relationship
(1) In the case of permanent obligations, the contractual relationship shall be concluded for an indefinite period unless another has been agreed. It shall be duly terminated within a period of six months each at the end of a calendar year. If this agreement commences during a current calendar year, termination is possible for the first time at the end of the first full calendar year.
(2) If one party seriously infringes upon the rights of the right holder, the other party may terminate the law. This presupposes an unsuccessful warning with a reasonable time limit by the party terminating.
§ 9 Privacy statement
devmetal collects, processes, and uses personal data of the customer, in particular his contact details for the processing of the order, including the email address, if the customer has indicated this to devmetal. For the credit check, devmetal can use information (e.g. also a so-called score value) from external service providers for decision support and make the payment method dependent on it. Information also includes the customer's address. This is done for the purpose of contract processing, art. 6 par. 1b) DSGVO. Details can be found in the privacy statement.
§ 10 Form of declarations
Legally relevant declarations that the customer has to make to devmetal or a third party must be in writing.
§ 11 Place of performance
Unless otherwise stated in the contract, the place of performance and payment is the registered headquarter of devmetal.
§ 12 Choice of law and place of jurisdiction
(1) The inclusion and interpretation of these GTC, as well as the conclusion and interpretation of legal transactions with the customer, shall be governed exclusively by the law of the Federal Republic of Germany. The application of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods, is excluded.
(2) Place of jurisdiction is the place of jurisdiction responsible for devmetal's registered headquarter if the parties are merchants, legal entities under public law or special funds under public law. devmetal is also entitled to sue in a court that is responsible for the customer's registered office or branch.