General Terms and Conditions for the Online Shop www.digital-2-go.com
These General Terms and Conditions shall apply to all of KNAPP AG’s customers (hereinafter the “Customer").
1. Applicability of these General Terms and Conditions
1.1. For all present and future deliveries and other services that KNAPP AG, Guenter-Knapp-Str. 5-7, 8075 Hart bei Graz, Austria (hereinafter referred to as KNAPP) renders to its customers within the framework of its internet service under the domain www.digital-2-go.comand based on orders in the online shop under this domain (hereinafter referred to collectively as the service), the terms and conditions of KNAPP, which can be accessed under www.digital-2-go.com, apply in accordance with the following conditions.
1.2. The terms and conditions of the Customer are not applicable.
2. Contract conclusion and prices
2.1. An order requires registration and activation in the online shop. KNAPP reserves the right to reject any registration without stating reasons and to block and delete activations. Registration requires that the Customer is an entrepreneur and that they fill out all mandatory fields completely and truthfully.
2.2. The goods and services offered by KNAPP shall constitute a non-binding invitation by KNAPP to the Customer to make a binding offer for the services. By placing an order, the Customer makes such a binding offer. A contract between the Customer and KNAPP shall only come into effect when the Customer has made the payment in accordance with point 2.2 and KNAPP has accepted the contract by sending the order. KNAPP shall notify the Customer of the shipment by email.
2.3. If the value of the order does not exceed €5,000.00, this amount is due for payment immediately and without deduction using the means of payment stated on the website. The Customer is obliged to transfer the total amount without any charges to the account specified by KNAPP in all other cases.
2.4. The prices stated do not include sales tax and delivery costs. The specification of the sales tax identification number is obligatory for the customer.
3.1. Products are delivered to the address specified by the customer at the risk and expense of the Customer by post or by a forwarding agent.
3.2. KNAPP will execute orders without delay. Should the prompt execution of an order encounter an unexpected or unpreventable obstacle because of particular reasons, the delivery time may exceed thirty days in individual cases.
3.3. The object of the delivery is the product together with the manual and installation instructions. Services such as set-up, adjustment and commissioning are not included. KNAPP is available for questions and support via the telephone number stated with the respective product or under email@example.com.
3.4. The prerequisites for commissioning the product can be found in the product description in the online shop.
3.5. Delivery will be made in accordance with the terms of delivery stated on the invoice. If nothing is stated, INCOTERMS 2010 apply and delivery will be unloaded at DAP (place of delivery). If the shipment is delayed due to circumstances caused by the Customer, the risk shall pass over to the Customer from the day on which the goods are ready for shipment and the Customer shall bear all additional costs associated with this.
4. Compensation for damages and warranty
4.1. Wear parts are explicitly excluded from the warranty obligation.
4.2. KNAPP is not liable for any warranty if the Customer uses or modifies the equipment against the contractual specifications or does not monitor, clean and maintain it with the appropriate care. Moreover, the warranty obligation does not extend to flaws, damage or defects that are attributable to normal wear and tear, faulty or improper handling, excessive strain, the use of unsuitable operating equipment or in any other unintended manner at the instigation of the Customer or third parties attributable to them.
4.3. The Customer shall report any detected or detectable defects immediately in writing, but no later than within 3 days of their detection, and provide a detailed and comprehensive description of them. Otherwise warranty is excluded. To the extent that KNAPP provides warranty, the defect will either be repaired on site, the defective part replaced or the returned part improved by KNAPP at KNAPP's discretion and within a reasonable period of time. KNAPP will only perform the removal and installation of the defective or improved part if this requires special expertise and/or the Customer has not been trained for such activities. If the first attempt to remedy defects fails, KNAPP shall be granted an appropriate grace period.
4.4. The warranty period shall amount to 12 months and commences upon acceptance of the delivery by the Customer. If parts are replaced or repaired during the warranty period, the warranty for these parts shall end 6 months following replacement or repair, but at the earliest upon expiry of the warranty for the delivery. The warranty period for spare parts begins with delivery.
4.5. The Customer's right to contest this contract due to error is excluded.
4.6. KNAPP is only liable for damages resulting from culpable breach of contract through its own fault or that of a vicarious agent in case of intent or gross negligence. This does not apply to damages resulting from injury to life, limb or health. Liability for lost profits and consequential damages is excluded. This also applies in cases of delayed performance and if the performance is rendered impossible.
4.7. Complaints must be immediately lodged following receipt of the delivery, failing which the delivery shall be deemed approved and any warranty and compensation claims shall lapse. The contractual partner is obliged to report any defects.
4.8. KNAPP shall be liable for property damage and financial losses derived from personal injury or property damage which KNAPP negligently causes in the execution of its deliveries and services at 25% of the net order value per damage occurrence, altogether at most 50% of the net order value.
4.9. Claims for damages on the part of the Customer shall lapse within six months from the point at which the damage and the party causing the damage become known. Any fault on the part of KNAPP must be proven by the Customer.
4.10. KNAPP shall remain the owner of the dispatched goods until full payment has been received. The Customer must protect this right of ownership at the place of delivery. It is not permissible to dispose of the goods for the duration of the retention of title.
5. Granting of rights
5.1. The Customer has the non-exclusive, non-transferable right, unlimited in time, to use the software installed in the products (hereinafter referred to as the “Software") for their own purposes. It is prohibited for the Customer to duplicate, distribute, process, modify, decompile, rent, lease, sell, publish or otherwise make the Software available to third parties for use, whether for payment or free
of charge, as well as to grant sub-licenses or other rights of use.
5.2. KNAPP shall retain ownership of the copyrights and all other industrial property rights as well as ownership of the Software. If the Customer should violate contractually agreed upon usage rights, then KNAPP is entitled to revoke these. Further legal claims remain unaffected.
5.3. KNAPP shall guarantee that the contractual use of the Software by the Customer does not conflict with any rights of third parties.
6. Force majeure
6.1. Both parties have the right to suspend the fulfilment of their contractual obligations to the extent that such fulfilment is made impossible or unreasonably difficult by circumstances beyond the control of the respective party or its suppliers. The party concerned shall immediately issue a statement on the beginning and cause as well as, to the greatest extent possible, on the expected effects and probable duration of the delay. Terms and deadlines shall be extended by a period at least equal to the duration of the implications. New deadlines are to be agreed between the contracting parties after the hindrance has been eliminated.
6.2. If the interruption persists for a total period of more than six months, each contracting party may declare its withdrawal from the contract. The services that KNAPP has provided up to that point will be invoiced based on the expenses already incurred. In addition, neither party shall be liable to the other party for the consequences of any impairment of the fulfilment of the contract caused by force majeure.
7.1. The contracting parties are obliged to keep confidential any circumstances and information learned by or about the other contracting party in connection with this contract, including but not limited to all information that is considered a trade or business secret under normal commercial practice.
7.2. The contracting parties shall also impose this obligation to maintain confidentiality on their employees and other third parties commissioned by them in connection with this contract to the extent permitted by law.
8. Final provisions
8.1. The place of fulfilment for all services arising from this contract is Hart bei Graz, Austria.
8.2. Austrian law is exclusively valid for all legal disputes arising from these General Terms and Conditions. Application of the UN Convention on Contracts for the International Sale of Goods, the renvoi provisions of the Austrian Private International Law Act (IPRG) and Regulation (EC) no. 593/2008 of the European Parliament and the Council of 17 June 2008 regarding the law applicable to contractual obligations (Rome I) is excluded.
8.3. The legal venue for any legal disputes arising from these General Terms and Conditions is the materially competent court in Hart bei Graz, Austria.
8.4. Changes or additions to these General Terms and Conditions must be made in writing in order to be enforceable. This also applies to any waiver of the written form requirement.
8.5. In the event individual provisions stipulated in these General Terms and Conditions are or become legally ineffective, unenforceable and/or invalid, the effectiveness, enforceability and/or validity of the remaining provisions stipulated in these General Terms and Conditions shall remain without prejudice. In this case, both parties undertake to agree on an effective clause instead of the void, unenforceable and/other invalid provisions which comes closest to the economic purpose of the void, unenforceable and/other invalid regulation.
8.6. If these General Terms and Conditions are available in several languages, the German version of the conditions shall take precedence.