GENERAL TERMS AND CONDITIONS (GTC) / CANCELLATION POLICY (see § 8 GTC) / PRIVACY POLICY (see § 3 GTC)
§ 1 Scope
(1) The following terms and conditions are part of every contract between PC and network service Apitz
(also known as STC45), Jahnstr. 64, 15745 Wildau, represented by Norbert Apitz, resident there (hereinafter: stc45), and the customer.
(2) stc45 provides its services exclusively on the basis of these terms and conditions.
§ 2 Conclusion of contract
(1) The presentation of the goods, particularly on the Internet, does not constitute a binding offer from stc45.
(2) A contract is only concluded with a written order confirmation or with delivery of the goods by stc45.
(3) The minimum order value is €6.50 plus shipping in the hardware area, including shipping, all other items are exempt from minimum quantities.
§ 3 Data protection declaration
(1) stc45 uses the data voluntarily provided by the customer (title, name, address, email address, telephone number, fax number, bank details) for orders in the shop in accordance with the provisions of German data protection law.
(2) The customer's personal data is used exclusively to process the contract concluded between the parties, for example for billing purposes. Customer data is not used for any other purpose for advertising, market research or to tailor offers to meet needs.
(3) Upon termination and/or in the case of an individual order, the full processing of the contract, which also includes full payment of the agreed fees, the customer's data, which must be retained for legal reasons, will be deleted. This data is no longer available for further use. Otherwise, the data will be deleted unless the customer has expressly consented to further processing and use of their data. In the event of consent, the customer can query the data stored by stc45 at any time in the registration profile, change it or have it deleted and revoke their consent at any time.
(4) If the customer would like further information or would like their data to be deleted, support is available at the email address support@stc45.de.
§ 4 Delivery conditions
(1) Unless otherwise agreed, delivery will take place from the shipping warehouse after receipt of the invoice amount.
(2) If stc45 incurs additional shipping costs due to the specification of an incorrect delivery address or an incorrect recipient, these costs must be reimbursed by the customer, unless they are not responsible for the incorrect information.
§ 5 Payment conditions
(1) The purchase price is due immediately upon conclusion of the contract. Payment in advance is possible (only for deliveries to Germany and Austria). The customer is obliged to pay all amounts without deductions within 14 days of receiving the payment request, unless an objection or revocation is made.
(2) Payments are to be made exclusively to stc45. Specialist consultants or other representatives of stc45 are not authorized to accept or forward payments from the customer.
(3) All prices are to be understood as end customer prices including statutory sales tax.
(4) All shipping costs, in particular packaging, transport costs, transport insurance and deliveries, are at the customer's expense unless otherwise agreed in writing. All prices and additional costs are calculated according to the price lists used by stc45 at the time of provision and dispatch.
(5) In the event of late payment, the customer is obliged to pay default interest to stc45-wildau in the amount of 5 percentage points above the base interest rate if he is a consumer (Section 13 of the German Civil Code). If the customer is an entrepreneur (§ 14 BGB), § 5 Paragraph 5 Sentence 1 applies, with the proviso that the default interest rate is 8 percentage points above the base interest rate.
§ 6 Retention of title
1. The goods remain the property of stc45-wildau until the agreed purchase price has been paid in full.
2.If hardware handed in for repair is not picked up for more than 6 months, stc45-wildau is entitled to charge a storage fee of €5.00 per month from the 7th month onwards.
3. If the hardware is not picked up despite a written request and a deadline of at least 30 days after the expiry of the 12 months, stc45-wildau is entitled to sell the hardware in accordance with the provisions on liens (§§ 1204 ff. BGB). The customer will be informed of this in writing before the sale. Any proceeds will be offset against outstanding claims, and any surplus will be paid out to the customer.
(7) The customer is only entitled to offset if the counterclaims are undisputed or legally established.
§ 6 Retention of title
The goods remain the property of stc45-wildau until full, traceable payment has been made.
§ 7 Warranty
(1) With regard to the warranty, the statutory provisions apply unless otherwise agreed in § 7 Paragraphs 2 to 4.
(2) The limitation period for claims arising from liability for material defects is 24 months and begins with the handover of the purchased item. If the customer is an entrepreneur (Section 14 of the German Civil Code), the period is 12 months from the delivery of the item.
(3) For merchants, the legal provisions, inspection and complaint obligations under the German Commercial Code apply.
§ 8 Cancellation policy
Information on the right of cancellation and instructions:
Right of cancellation
As a consumer within the meaning of § 13 BGB, you can cancel your contract within one month without giving reasons in text form (e.g. letter, fax, email) or by returning the goods. The period begins on the day after receipt of a cancellation policy in text form and the goods (in the case of recurring delivery of similar goods on the day after receipt of the first partial delivery) and on the day after fulfillment of our information obligations in accordance with § 312c Paragraph 2 BGB in conjunction with § 1 Paragraphs 1, 2 and 4 BGB-InfoV and our obligations in accordance with § 312e Paragraph 1 Sentence 1 BGB in conjunction with § 3 BGB-InfoV. To comply with the cancellation period, it is sufficient to send the cancellation or the goods in good time. The cancellation must be sent to the following address, email address or fax number:
PC and network service Apitz, Jahnstr. 64, 15745 Wildau, Fax: 03375 520671, Email: info@stc45.de
This right of cancellation does not apply to contracts for the delivery of goods that we have manufactured based on your specifications or that were clearly tailored to your personal needs or that are not suitable for return due to their nature.
Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. lost interest) must be surrendered. If you are unable to return the service received in whole or in part or only in a deteriorated condition, you are obliged to pay compensation for the value. This does not apply if the deterioration is caused solely by the inspection - as you would be able to do in a shop, for example. In addition, you can avoid compensation for the value by not using the item as an owner and refraining from doing anything that impairs its value. You must bear the costs of return if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40.00 euros, or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Items that cannot be sent by parcel will be picked up from you.
End of cancellation policy
§ 9 Limitation of Liability
(1) With the exception of injury to life, body or health and the violation of essential contractual obligations (cardinal obligations), stc45 is only liable for damages that are attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damages, in particular lost profits.
(2) Except in the case of intentional or grossly negligent conduct and damages resulting from injury to life, body or health and the violation of essential contractual obligations (cardinal obligations), liability is limited to the damages typically foreseeable at the time the contract was concluded. This also applies to indirect consequential damages, in particular lost profits. For consumers, liability for slightly negligent breaches of essential contractual obligations is limited to the damages typically foreseeable in contracts of this type.
(3) The liability limitations in paragraphs 1 and 2 also apply mutatis mutandis to the employees and vicarious agents of stc45.
(4) Claims based on the Product Liability Act remain unaffected.
§ 10 Handling uncollected hardware
(1) If hardware handed in for repair is not collected for more than 6 months, stc45 is entitled to charge a storage fee of €5.00 per month from the 7th month onwards.
(2) If the hardware is not collected despite a written request and a deadline of at least 30 days after the expiry of the 12 months, stc45 is entitled to sell the hardware in accordance with the provisions on liens (§§ 1204 ff. BGB). The customer will be informed of this in writing before the sale. Any proceeds will be offset against outstanding claims, and any surplus will be paid out to the customer.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence remain unaffected.
(2) If the customer is a merchant, the place of performance is the registered office of stc45.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany or moves his place of residence abroad after the conclusion of the contract or his place of residence is not known at the time the action is brought, the place of jurisdiction is the registered office of stc45.
Status of the General Terms and Conditions: January 1, 2024
