1.1 Our customer orders constitute a binding offer of contract. This will be accepted by pst by the sending of a written confirmation or by delivery of thegoods.
1.2 The transfer of rights and obligations from the purchase contract requires written consent from pst.
2.1 List prices at the time of order placement or order confirmation are valid for the delivery.
2.2 All of our prices are plus the VAT valid at the time of delivery and plus shipping costs, and if applicable plus cash on delivery charges, installation,trainings etc. Depending on the mode of shipment, shipping costs are calculated based on size, weight, and number of packages.
2.3 Our invoices are due immediately and are to be paid net without any deduction. A payment is only valid as having been made when pst has accessto the funds. In the event of a delay in payment we are entitled to charge interest on late payments of 5% over the respective ECB base rate inaccordance with the Discount Rate Transference Act. Bills of exchange or cheques are only accepted with prior agreement as conditional payment andare only valid as payment once they have been redeemed. Discount and collection charges are to be carried by the purchaser. We accept no liability fortimely submission of the bills and cheques in question.
2.4 The buyer is only entitled to retention rights if his counter claim is based upon the same contractual relationship. Compensation for the buyer isexcluded unless the counter claims of the customer have been legally established or are recognized by ourselves.
3.1 All articles which are available immediately from the warehouse are generally shipped within 24 hours. If articles are not available immediately thusdelaying the delivery time, pst will inform the customer. It is possible for goods to be delivered within 24 hours using express delivery, if your orderreaches us before 16.00 and the goods are available.
3.2 Should delivery terms have been agreed, these will be extended as appropriate by the amount of time passed until the purchaser has provided uswith the necessary information and documentation necessary to execute the order.
3.3 We are not responsible for delays in delivery, which are caused by legal or official rulings (e.g. import and export limitations). In important cases, wewill inform the purchaser as soon as possible at the beginning and end of such obstacles.
3.4 Payment terms, transfer of risk and warranties applicable to full deliveries also apply to partial deliveries which have been agreed with the customer.
3.5 We are able to determine the method or shipment, despatch route and company contracted to perform the shipment at our own discretion, providedthat the purchaser provides no explicit instructions.
3.6 As soon as the shipment containing the items for delivery has been transferred from the shipper to the buyer, risk is transferred to the purchaser. Thisis irrespective of who is responsible for transport costs. The buyer must immediately raise a complaint to the shipper or forwarding agent regarding anyobvious or potential damages during transport, which have been identified and subsequently inform the seller, in order to assert any claims against theseller.
3.7 Shipping costs are calculated based on mode of shipment, quantity, size, weight, and number of packages. The exact costs for each product can beseen in the shopping basket.
4.1 Consumers as defined by § 13 German Civil Code (BGB) have the possibility to return ordered goods to pst GbR, Bahnhofstraße 16/2, D-74354Besigheim within 14 days of receipt. The right of cancellation is to be exercised either in writing or by despatch of the goods received within the timeperiod specified. The purchase contract will be dissolved after the goods have been sent back and we will refund the purchase price paid upon receivingthe goods.
4.2 The buyer will bear the costs relating to the return shipment.
4.3 CDs, DVDs, CD-ROMs and videos which have been unsealed by the consumer, as well as goods which were made according to customerspecifications, are excluded from the right of cancellation.
4.4 In the event of a cancellation the consumer must provide compensation for the resulting decrease in value resulting from the use of the goods for thepurposes for which they were intended.
5.1 After the expiry of the cancellation period, goods will only be taken back if it can be proven that they were the subject of a wrong delivery. Requestsfor exchange, return or credit notes, whose cause is not the responsibility of pst, will only be processed upon receipt in writing. This also applies to casesin which pst has approved collection of the goods in order to inspect the returns request. The fundamental prerequisite in such cases is the condition ofthe goods and whether they are fit to be resold. The calculation for the amount to be refunded will be calculated based upon the targeted resale price atthe time of receipt of goods. In addition, pst will charge a cancellation/ administration fee of 10% of the invoice value.
5.2 Upon opening software packaging, the buyer acknowledges copyright protection. Exchange of software in opened or damaged original packaging isexcluded, unless the data storage media are faulty or unreadable.
6.1 We reserve the property rights to the item being sold until payment for all charges related to the delivery contract have been paid, including ancillarycharges (e.g. switching costs, financing costs, interest etc.). Should the purchaser behave contrary to the conditions of the contract, we are entitled todemand the object sold to be returned. The taking back or seizing of the goods in question does not constitute a withdrawal from the contract.
6.2 The purchaser must inform us immediately in writing about any seizures or other interventions by third parties.
6.3 Any alterations or processing of the items sold made by the purchaser should be on our behalf. Should the item sold be processed using otherobjects not belonging to us, we will acquire co-ownership of the new item in a proportion which reflects the value of the goods sold by us in comparisonwith the other processed items at the time of processing.
6.4 Should the item sold be mixed with other objects not belonging to us, we will acquire co-ownership of the new item in a proportion which reflects thevalue of the goods sold by us in comparison with the other mixed item at the time the mixing took place. In the case the object of the purchaser isconsidered the principal object, the purchaser shall assign us proportionate ownership.
6.5 The purchaser is entitled to resell these goods in the normal course of business. However, he surrenders to us all claims he has toward his customeror third parties resulting from the resale to the amount of the final invoice.
7.1 We guarantee that for a period of 6 months following the date of delivery, the delivered items will be fault-free in accordance with the state oftechnology at the time. We accept no liability for normal wear and tear. Insignificant variations in colour, measurements and/or other quality andperformance characteristics of the goods doe not form grounds for claims from the buyer including but not limited to the guarantee.
7.2 We provide no guarantee for deficiencies or damage which is the result of unsuitable or incorrect usage, failure to comply with instructions for use orfaulty or negligent handling. The same applies to deficiencies or damage which have been caused by fire, lightening, explosion or network-related overvoltage, moisture of any kind, wrong or missing programme software and/ or processing data, unless the customer proves that these circumstances arenot the cause of the reported deficiency.
7.5 The guarantee is not valid in cases where the customer intervenes or repairs equipment without the express written permission of pst, or allows suchwork to be carried out by persons not authorized by us, provided that the breakdown could be related to this.
7.6 Obvious defects must be reported in writing within 2 weeks of receipt of the delivery, otherwise all claims relating to the defect are excluded. Incommercial dealings §§ 377, 378 of the German Commercial Code (HGB) also apply.
7.7 In order to prevent data loss as a result of repairs or product defects, we recommend that you run data backups on a regular basis, as liability fordamage of this kind is excluded. This disclaimer does not apply to defects caused intentionally or by gross negligence.
7.8 If, upon inspection of the item sold, no defect is found to be present, pst will charge inspection costs of maximum Euro 51 plus shipping and packingcosts.
7.9 As far as no other agreement is expressly made, further claims on the part of the buyer - regardless of legal basis - are excluded. We are thereforenot liable for defects that have not occurred immediately to the item delivered and in particular, we are not liable for loss of profit or any other financiallosses of the buyer. The exemption from liability described above will not apply insofar as the damage resulted from intent or gross negligence, theabsence of warranted properties, violation of contractual obligations, default and impossibility of performance as well as claims in accordance with §§ 1, 4of the Product Liability Act. We are not liable for the recovery of data, unless we have caused the data loss by intent or gross negligence, and the buyerhas ensured that data has been backed up, so that the data can be reconstructed with a reasonable effort.
7.10 In the case that pst arranges collection of the defective goods from the customer as a service, this will be subject to inspection and remedy of defects.
8.1 We have the right to withdraw from the contract if we are made aware of a stoppage of payments, insolvency or judicial settlement proceedings,refusal to open insolvency proceedings due to insufficient assets, bill or cheque protests or other concrete evidence pointing towards a deterioration in thefinancial circumstances of the purchaser.
8.2 Should we withdraw from the contract or should the order not be executed due to reasons for which the customer is responsible, then the customer isobliged to pay us a lump compensation payment of 10% of the purchase price to cover our expenses and loss of earnings. The lump compensationpayment will be reduced to the extent that the customer is able to prove that expenses or damages did not occur. In the case of exceptionally highdamages, we reserve the right to enforce this.
9. Software, Literature
When software is delivered, the licence and other conditions of the manufacturer apply as well as our own terms and conditions. By accepting thesoftware, the buyer expressly recognizes their validity.
10.1 General statement on the protection of data: pst undertakes only to collect personal data for purposes pertaining to the contractual relationship. Westrictly adhere to the conditions of the German Data Protection Act. Information collected (name, address) will be used by us exclusively for the purpose ofprocessing the sales contract and only passed onto our delivery companies within this framework.
10.2 Individual declaration on data protection: We will only use your personal data for purposes related to the processing of your orders. Any further usewithout your express consent, e.g. for advertising purposes, is excluded. Our customers may obtain at any time information concerning the scope andpurpose of the processing of information.
10.3 Should the use of transfer of data for advertising purposes be permitted, this maybe revoked at any time and information regarding possible furtherrecipients may be requested. Furthermore, data will be corrected, blocked or deleted upon request.
Any approval that may be needed for the export of goods is to be obtained by the customer on their own behalf and at their own expense. Failure toobtain such an export authorization does not entitle the customer to withdraw from the contract.
12.1 The place of jurisdiction in business transactions with merchants and legal persons under public law, for all legal disputes arising from the contract,including legal action on dishonoured bills or cheques, shall be Besigheim, and we are also entitled to take legal action at the customer's place ofbusiness.
12.2 In the case of ineffectiveness of individual terms of the delivery contract or these general terms and conditions, the remaining terms will remain valid.
12.3 In dealings with consumers, the contracting parties will submit to the court in the end-user's place of residence for any contractual disputes.
12.4 In dealings with consumers the law in the consumer's place of residence is applicable, provided that it unambiguously deals with provisions forconsumer rights.
pst - praxis systemtechnik
Issue date: July 2010