Conditions of Use

§ 1 Scope, subject matter and conclusion of the respective contract

 

  1. The following conditions finally regulate the contractual relationship between EAI One Integration UG (Lupus Direkt), represented by Dirk Hanke, Anselm-Feuerbach-Strasse 17A in 15831 Mahlow / Berlin, hereinafter referred to as "seller", and the respective customer.
  2. These terms and conditions apply exclusively. Conditions of the customer that contradict or deviate from our terms and conditions will not be recognized unless the seller has expressly agreed to these in individual cases.
  3. The subject of the respective contract is the sale of goods by the seller to the customer.
  4. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog
    . By clicking the button "Send order" you place a binding order for the goods in the shopping cart
    . The confirmation of the receipt of your order takes place together with the acceptance of the order immediately after
    sending by automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
  5. All prices are gross euro prices.

 

§ 2 Processing of the purchase contract, shipping costs

  1. For deliveries in Germany from an order value of 150.00 € there is free shipping, for an order value of less than 150.00 € a shipping fee of 6.95 € applies. All items not delivered to Germany are subject to the shipping prices stored in the shop. Refunds for postage abroad will not be accepted. The customer has to take care of the acceptance of the goods in case of faultless delivery. If the parcel service is unable to deliver the parcel despite multiple attempts to deliver, the customer bears the additional shipping costs. If the parcel service then fails to deliver delivery by the buyer due to correct address data and the goods are returned to the buyer, the seller can cancel the contract and retain the postage costs incurred.
  2. Upon conclusion of the purchase contract, payment of the purchase price is due immediately. The purchase price can be paid via PayPal, prepayment and immediate transfer.
  3. In the case of prepayment, the seller undertakes to send the goods to the buyer by post immediately after the purchase contract has been concluded and the purchase price has been paid in full. Partial deliveries are permitted as long as they are reasonable for the buyer.
  4. When paying by PayPal, bank transfer and immediate transfer, the seller undertakes to send the goods to the customer by post immediately after the conclusion of the contract.
  5. The seller reserves the right to withdraw from the contract and to reimburse any consideration immediately if the goods ordered are not available. In this case, the buyer will be informed immediately about the unavailability. In this case, the seller reserves the right to offer goods of the same price and quality, with the aim of concluding a new contract for the purchase of goods of the same price and quality, canceling the previous contract.
  6. By accepting the general terms and conditions, the customer declares that he has reached the age of 18 and is therefore legally competent, or if the customer has not reached the age of 18, he declares by accepting the general terms and conditions that he has reached the age of 7 and has obtained the consent of his legal representative prior to the ordering process. The seller points out that damage caused by incorrect age information, incorrect address information or fun orders will be asserted against the customer.
  7. As far as it is a mutual commercial transaction within the meaning of the Commercial Code, the customer will examine the ordered goods immediately after delivery. This applies in particular with regard to the completeness of the goods and their respective functionality. Defects that are discovered or that can be identified without further ado must be reported to the seller immediately. Include a detailed description of the defect. If the buyer fails to notify us, the goods are deemed to have been approved, unless it is a matter of a defect that could not be identified during the examination.
  8. Defects in the goods, which cannot be ascertained within the framework of the proper inspection in accordance with Paragraph 9, must be reported to the seller immediately after their discovery, as far as it is a mutual commercial transaction; otherwise, the goods are considered approved even with regard to this defect.

 

§ 3 Warranty and Liability

 

 

  1. The provider is generally liable for defects in the goods in accordance with the statutory provisions of the sales law (§§ 434 ff. BGB).
  2. The warranty period for the rights from § 437 BGB for new articles is one year from the start of the statutory limitation period, provided the customer is not a consumer. Otherwise it is two years.
  3. The warranty period for the rights from § 437 BGB for used articles is one year from the start of the statutory limitation period.
  4. In principle, the seller is not liable for damage caused by slight negligence.
  5. The limitations of liability according to the preceding numbers 2, 3 and 4 do not apply to damage resulting from injury to life, limb or health, in the case of fraudulent concealment of defects, claims from the Product Liability Act, in the case of willful intent and gross negligence as well as in the event of violation of Obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the customer can regularly rely.
  6. The customer is obliged to report obvious defects to the seller within 14 days of receipt of the goods.
  7. In the event that a claim for defects is asserted against the provider, the customer has the right to supplementary performance, ie removal of the defect or delivery of a defect-free item. His other rights from § 437 BGB remain unaffected. The provider can refuse the type of supplementary performance chosen by the customer, without prejudice to Section 275 (2) and (3), if it is only possible at disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance could be used without significant disadvantages for the customer must be taken into account. In this case, the customer's claim is limited to the other type of supplementary performance; the right of the provider to refuse this under the conditions of sentence 1 remains unaffected.
  8. If the seller delivers a defect-free item for the purpose of supplementary performance, he can demand the return of the defective item from the customer in accordance with Sections 346 to 348 BGB.
  9. If, after checking the goods complained about, it turns out that there is no defect for which the seller is responsible, the seller reserves the right to assert the costs of the unjustified claim against the customer.

 

§ 4 Terms of Payment, Default and Retention of Title

 

  1. The delivered goods remain the property of the seller until they have been paid for in full. Payment of the purchase price is due immediately after the purchase contract has been concluded.
  2. The customer, who is not a consumer, is in default if he has not performed within 30 days of the due date. Consumers are also in default within 30 days of the due date if they are informed of this consequence in the invoice or payment request. 

 


 
 

§ 5 return

 

 

1. You have to bear the costs of the regular return if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet paid the consideration at a higher price of the goods at the time of cancellation or have made a contractually agreed partial payment. Otherwise, the return is free for you.
2. If discounts have been granted on purchase (advance payment up to 27%, PayPal Plus up to 27%, Amazon Pay to 27%) and the remaining order value falls into a different discount category due to the return of items, the difference will be made with the refund the possible other discount category is also offset.
3. Should the remaining order value also fall below the exemption limit for shipping costs, the shipping costs will be retained in the reimbursement amount.
4. Shipping costs will only be reimbursed during the cancellation period. Outside the cancellation period, the customer bears the shipping costs.
5.  Services provided by Lupus Direkt are not reimbursed.

6. Hard discs can only reimbursed, if the cover of the hard disc is the original one and the sealed plastic envelope of the hard disc itsself is not broken. 

 

§ 6 final provisions

 

  1. German law is exclusively applicable to the present general terms and conditions and to the respective contract of sale, to the exclusion of the UN sales law, provided that the customer is not a consumer.
  2. If the customer is a registered trader, the city of Berlin is agreed as the place of jurisdiction for all disputes arising from or in connection with this contract.
  3. The customer is only entitled to set-off or reduction if his counterclaims have been legally established, are undisputed or the seller has recognized them.
  4. Should one or more clauses of these terms and conditions be wholly or partially ineffective, this shall not affect the validity of the remaining provisions.