Terms and Conditions /
Buyer Information

1. Scope, definitions

1. For the business relations between the Supplier

DVS Beregnung
Herr Andreas Maurer
Ernst-Simon-Str. 8
72072 Tübingen

(hereinafter referred to as the Supplier) and the Customer, the following General Terms and Conditions of Business shall apply in the version valid at the time of the order. If the customer is not a consumer, but a company, the regulations § 3 (4) as well as § 6 (2) apply additionally.

2. The customer is a consumer, as far as the purpose of the ordered delivery and service cannot be attributed to his commercial or independent professional activity.

3. The customer is an entrepreneur, as far as he acts as a natural or legal person or a partnership with legal capacity, when concluding the contract in exercise of his commercial or independent professional activity.

2. Conclusion of the contract and storage of the contract text

1. The customer can select products from the provider's assortment and collect them in a so-called shopping cart by clicking the button "add to cart". The content of the shopping cart can be determined at any time by clicking the "Shopping Cart" button. The customer can view the data contained therein (e.g. the number of items) at any time and change it if necessary or remove it from the shopping cart by clicking on the "Delete" button. A binding order for these products will then not be placed.

2. By clicking on the button "Continue to order", the customer will then be taken to the order overview after entering his order data, where all data will be listed again. Before sending the order, the customer has the opportunity to check all details (e.g. name, address, shipping, payment method and ordered items) and, if necessary, to change or cancel the purchase using the "back" function of your Internet browser. Only by clicking the "Buy" button does the customer submit a binding request to purchase the goods in the shopping cart. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "Accept GTC" and thereby included them in his application.

3. The provider will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgement of receipt documents that the Provider has received the Customer's order and at the same time represents the acceptance of the application. The contract is thus concluded.

4. The text of the contract (order data and general terms and conditions) is stored by the vendor in compliance with data protection regulations and can be sent to the customer on request. In addition, the customer has the opportunity to view the data via a customer account set up by him. Irrespective of this, the customer receives all relevant data of the order within the scope of the ordering process by email, which can be printed out.

3. Delivery and availability

1. The delivery time is two to four working days. The provider explicitly informs the customer on the respective product page about possible deviating delivery times.

2. If the ordered product is not available through no fault of the provider after order confirmation due to lack of self-supply, the provider will inform the customer immediately. In case of a resulting delay in delivery of more than seven days, the customer has the right to withdraw from the contract. In this case, the Provider is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.

3.  As far as the customer is an Entrepreneur, the following conditions apply:

 The provider reserves the right to make partial deliveries. The dispatch of the ordered goods is at the risk of the customer, unless the delivery is made by the provider himself. The transfer of risk takes place at the time of handing over the goods to the shipping company commissioned to ship the goods. The customer must assert any noticeable transport damage in writing to the delivering shipping company immediately upon acceptance of the goods, hidden transport damage within ten days of discovery at the latest.

4. Pricing and shipping costs

1. All prices, which are indicated on the website of the provider, are inclusive of the respective valid legal sales tax and other price components. In the case of cross-border deliveries, further taxes (e.g. in the case of intra-Community purchases and/or charges (e.g. customs duties) may be incurred in individual cases, which are to be paid directly by the purchaser to the customs or tax authorities responsible there and not to the provider

2. If the ordered product is not available through no fault of the provider after order confirmation due to lack of self-supply, the provider will inform the customer        immediately. In case of a resulting delay in delivery of more than seven days, the customer has the right to withdraw from the contract. In this case, the Provider is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.

5. Terms of payment

1. The customer can pay by prepayment/bank transfer, PayPal, Amazon Pay, instant bank transfer or on account.

2. If the payment method prepayment/bank transfer is selected, the provider will give the customer his bank details in the order confirmation. The delivery of the goods will then be carried out under consideration of the stated delivery time after receipt of payment.

3. If the payment method PayPal is selected, an automatic redirection to the online payment service PayPal (Europe) S.a`r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg takes place. In this case, the PayPal terms of use apply, which the customer can access at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if there is no PayPal account – at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.The payment amount will then be debited from the customer's account via PayPal after entering the required data and selecting the payment method provided by PayPal (direct debit, credit card, invoice) after completion of the order. If the customer chooses "PayPal invoice" as payment method, the seller assigns his payment claim against the customer to PayPal within the scope of a current factoring contract. In this case, the General Terms of Use for the use of                PayPal's invoice purchase, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms, apply.

4. If the payment method Amazon Payments is selected, an automatic forwarding to the online payment service Amazon, trading under Amazon EU SARL, Amazon    Services Europe SARL and Amazon Media EU SARL, all three located at 5, Rue Plaetis L 2338, Luxembourg, takes place. In this case, the Amazon Terms of Use and Privacy Policy apply, which the customer can access at https://pay.amazon.com/de/help/201751600. The payment amount is then debited from the customer's account after entering the required data and selecting the payment method provided by Amazon after the order has been completed.

5. If the payment method instant bank transfer is selected, an automatic forwarding to the online payment service of Klarna Bank AB, Sveavägen 46, 111 34    Stockholm, Sweden, takes place.   In this case the terms of use and data protection of Klarna Bank AB apply, which the customer can access at https://www.klarna.com/sofort/datenschutz/. The payment amount will then be debited from the customer's account stored in the payment system after entering the required data after completion of the order.

6. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Provider default interest of 5 percentage points above the base rate.

7. The Customer's obligation to pay interest on arrears does not preclude the Provider from asserting further claims for damages caused by default.

6. Warrenty for material defects

1. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The purchaser is entitled to the regular statutory warranty rights for goods of the vendor.

2. If the customer is an Entrepreneur, the following conditions apply in addition:

aa) The warranty period for new goods delivered by the vendor is only twelve months. For used goods the warranty is excluded altogether. Claims for damages in the sense of § 8 of these terms and conditions remain unaffected. The statutory obligations to examine and give notice of defects in the sense of § 377 HGB (German Commercial Code) shall apply.

bb) Complaints due to impairments that are unavoidable according to the state of the art do not constitute defects, as the cause is neither material-related nor production-related. The same shall apply to minor deviations in quality, weight, size, thickness, width, equipment, pattern and colour, insofar as these are permitted by valid standards.

7. Reservation of ownership

The delivered goods remain the property of the supplier until full payment has been made.

8. Liability

1. Claims of the customer for damages are excluded. Excluded are claims for damages of the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

2. In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health

3. The restrictions of para. 1 and para. 2 also apply in favour of the Provider's legal representatives and vicarious agents if claims are made directly against them.

9. Final clauses

1. The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers to the exclusion of the UN Sales Convention. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. Contract language is German.
2. The contract shall remain binding in its remaining parts even if individual points are legally ineffective.

Status: 25.02.2020