Terms and Conditions

Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1)The following terms and conditions shall apply to all contracts that you, as the supplier (Pickware GmbH, Goebelstraße 21, 64293 Darmstadt, Germany), have concluded with us via the website www.pickware.de/shop, unless otherwise agreed upon in writing by the parties. Deviations or conflicting terms and conditions shall be applicable only upon our express consent.

(2)We shall only offer our goods for sale if you are a natural or legal person or a legal private company, who, when concluding a legal transaction, is running its commercial or independent business (entrepreneur). Conclusion of a purchase contract with the consumers shall be excluded.

§ 2 Conclusion of the contract

(1)The subject-matter of the contract is the selling of products. The key features of the goods can be found in the respective quote.

(2)Our offers on the website are non-binding and are not a binding offer to conclude a contract.

(3)You can submit a binding contractual offer (order) by telephone, Email, fax, post or via the online shopping basket system.

When purchasing via the online shopping cart system, the goods that you wish to purchase shall be placed in the "shopping cart". You can access the "shopping cart" by clicking the relevant button in the navigation bar and can make changes to it at any time. After opening the “Pay Now” page and entering your personal data along with the payment and shipping terms, the order information shall be displayed once more time.

Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.

When you submit an order by clicking the relevant button, you submitt a binding offer to us.

(4) The offer is accepted (and the contract therefore concluded) immediately after ordering by a confirmation in written form (e.g. email), which confirms implementation of the order or delivery of the goods (order confirmation).

(5)The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Prices, payment terms and shipping costs

(1)The prices stated in the respective offers are net prices. They do not include the statutory VAT.

(2)The dispatch expenses incurred are not included in the purchase price; they are separately accounted unless the delivery is promised to be free of cost. You can find more details under a correspondingly designated button on our Internet website or in the relevant offer.

(3)Payment options are displayed using a correspondingly designated button on our Internet website or in the relevant offer. If no other payment period is stated on the invoice or in case of individual payment types, the payment claims from the signed contract are immediately due for payment. Discount deduction is permissible only if it expressly stated in the relevant offer or in the invoice.

§ 4 Delivery conditions

(1)The probable delivery date is stated in the respective offer. Delivery dates and terms of delivery are binding only if they have been confirmed by us in writing. With the prepayment method via transfer, the dispatch of the goods does not take place until after our receipt of the full purchase price and the dispatch costs.

(2)If a product ordered by you is not available, contrary to expectations despite a timely completion of the relevant covering transaction, for reasons for which we are not responsible, you shall be informed about the non-availability without delay and in case of a withdrawal, the payments that have already been made by you shall be reimbursed immediately.

(3) The shipping shall take place at your risk. If you wish, the goods shall be shipped with a suitable transport insurance and the costs arising from the same shall be borne by you.

(4) Part deliveries shall be permissible and can be independently specified by you, provided this does not incur additional shipping costs for you.

§ 5 Warranty

(1)The warranty period shall last for one year from the delivery of the goods. The reduction in time-limit does not apply:

to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
for statutory recourse claims, which you have against us in connection with warranty rights.

(2) In terms of the quality of the goods, only our own information and the product description of the manufacturer shall be deemed to have been agreed, and not other advertising, public promotions and statements made by the manufacturer.

(3) In case of defects, we provide guarantee through repair or replacement at our own discretion. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.

§ 6 Additional service "Pickware Care"

(1) "Pickware Care" is a guarantee offered as an additional service, which is available under the following provisions when booked accordingly.

(2) The duration of the guarantee is two years from the date of purchase.

(3) The service applies in all countries to which delivery is made by Pickware.

(4) "Pickware Care" only covers hardware purchased from Pickware. Damage to composite devices (e.g. tablets, smartphones) or software is not covered.

(5) "Pickware Care" covers the following events:

Damage due to material or production defects
Defect of original batteries, but not loss of capacity
Accidental and impact damage caused neither intentionally nor by gross negligence
Water, moisture and sand damage caused neither intentionally nor by gross negligence.

(6) The following cases of damage are not covered by the service:

Burglary, robbery or looting
Loss of the device
Damage to composite devices such as iPod, iPhone & iPad

(7) In the event of a justified claim, the device will be repaired or exchanged for a refurbished or new device of the same type and quality.

(8) In order to make use of "Pickware Care", the damage must be reported within 14 days of becoming aware of the damage via the form https://pickware.de/shop/rueckgabe.

(9) Claims under this guarantee are only valid if

the product does not show any damage or signs of wear caused by use deviating from the normal purpose and the manufacturer's specifications (according to the user manual)
the product does not have any features that indicate repairs or other interventions by workshops not authorised by the manufacturer
only accessories authorised by the manufacturer have been installed in the product

(10) Even without the purchase of the "Pickware Carefree Package", you are fully entitled to all statutory warranty rights and those arising from § 5 Warranty.

§ 7 Right of retention, retention of title

(1)You can exercise the right of retention only if it concerns claims from the same contract relationship.

(2) The goods shall remain our property until the full settlement of all claims from the ongoing business relation. Pledging or assigning the goods as security before the transfer of property of the reserved goods is not permitted.

(3) You can resell the goods in the proper course of business. For this, all claims that arise from the resale in the amount of the invoice price shall be assigned to us already now; we shall receive the assignment. You shall be further authorised to collect the claim. If you do not properly meet your payment obligations, we shall reserve the right to collect the claim.

(4) In the event of connecting and blending goods that are subject to retention of title, we shall acquire co-ownership in the proportion of the goods’ invoice value in relation to other processed items at the time of processing.

(5) We shall be under obligation to release securities that are due to you if and when the feasible value of our securities exceeds the claims that are to be secured by more than 10%. The choice of the securities to be released shall reside with us.

§ 8 Choice of law, place of fulfilment, jurisdiction

The German law shall apply with the exclusion of the UN purchasing law. The place of fulfilment as well the court of jurisdiction shall be our headquarters.

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II. Customer information

1. Identity of the seller

Pickware GmbH

Goebelstraße 21

64293 Darmstadt

Germany

telephone number: 06151629300

E-Mail: [email protected]

2. Information regarding the conclusion of the contract

The technical steps for forming the contract and the formation of the contract, as well as the scope for correctionare carried out as per the stipulation of § 2 of our General Terms and Conditions (part 1).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The entire contract wording shall not be saved by us. Before the order or request is submitted the contract information can be printed using the print function on the browser or saved electronically.

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.

Last updated: 07.12.2017