General Terms and Conditions for Consumers (B2C)
§ 1 General, clientele, contract language
(1) These terms and conditions (GTC) apply to the contracts concluded between you and us, reflecta GmbH, Merkurstrasse 8 in 72184 Eutingen, legally represented by our Managing Director Hans Dieter Schock (MBA), HRB 390458, Stuttgart Local Court, Legal notice via this online shop (www.reflecta.de).
(2) Deviating conditions of the customer shall not apply unless we have expressly agreed to their validity.
(3) Our sales staff are not authorised to make verbal agreements with you as the customer in connection with the contract that deviate from the order form or these General Terms and Conditions.
(4) These General Terms and Conditions apply exclusively to you as a consumer. For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a contract for a purpose that cannot primarily be attributed to either their commercial or their self-employed professional activity (§ 13 of the German Civil Code – BGB).
(5) The language available for the conclusion of the contract is exclusively German or English.
§ 2 Offers, prices, shipping costs and payment terms
(1) The display of goods in our online shop under the domain www.reflecta.de does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
(2) Our prices include the statutory value added tax, but not the Shipping costs.
(3) We only deliver against payment via the payment methods we offer.
(4) You shall have no right of set-off or retention unless the counter-claim is undisputed or has been finally adjudicated.
§ 3 Retention of title
Goods remain our property until full payment has been made. If you are in default of payment for more than ten days, we have the right to withdraw from the contract.
§ 4 Industrial property rights and copyrights
(1) The customer is granted the non-exclusive right to use the software delivered with the goods in connection with the use of the goods.
(2) The customer is not entitled to make copies of the software, except for the purpose of usage in accordance with Clause 4 (1) or for backup purposes.
(3) The customer may only transfer the rights granted to him in the software to a third party if the ownership of the product concerned (in particular a hardware product) is transferred to this third party at the same time and the customer does not retain any copies of the software.
(4) We are under no obligation to disclose the software’s source code.
§ 5 Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfilment of which is essential for the proper execution of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which you as the customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for a slightly negligent breach of obligations other than those specified in the above sentences.
(2) The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(3) The limitations of paragraphs 1 and 2 shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
(4) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
§ 6 Data protection
§ 7 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(2) Insofar as you had your domicile or habitual residence in Germany at the time of the conclusion of the contract and have either relocated at the time the action is brought or your place of residence is unknown at this time, the place of jurisdiction for all disputes shall be our company’s registered office in Eutingen. If you do not have your domicile or habitual residence in a member state of the European Union, then the courts at our registered office shall have exclusive jurisdiction for all disputes.
(3) Should individual provisions of this contract be invalid, this shall not affect the rest of the contract.