Terms & Conditions for
the International Trade
§1 General
These terms and conditions govern the international
sale of all products and business services between Gitarrero
Software GBR (Seller) and the Buyer. These terms and
conditions apply notwithstanding any conflicting, contrary
or additional terms and conditions or communication
from the Buyer unless they have been declared and agreed
to by both parties in writing.
§2 Deliveries
- Delivery of the product is subject to the Buyer's
risk. Delivery of the product by Gitarrero Software
GbR to the carrier shall constitute delivery to the
Buyer and the title and risk of loss shall thereupon
pass to the Buyer. The postal address submitted by the
Buyer together with the order of the product shall constitute
the delivery address.
- Inspection and acceptance of the product immediately
upon receipt shall be the Buyer's responsibility. The
Buyer must advise Gitarrero Software GbR without delay
of noticable damage in transit, if this is applicable.
Damages of packaging have to be verified in writing
and signed by the carrier.
- The Buyer acknowledges that delivery dates provided
by the Seller are estimates only and that the Seller
is not liable for failure to deliver on such dates.
- The Seller shall not be liable for failure to fulfill
its obligations herein or for delays in delivery due
to causes beyond its control provided that both intention
or negligence by the Seller can be ruled out.
§3 Product Returns
- The Buyer has the right to return the product without
any declaration of motives within 14 days of receipt
of the product in accordance with the following return
policy regulations. If returned to Gitarrero Software
GbR, the product has to be in good condition, free of
any signs of use, left in original packaging including
complete and undamaged protective film and free of the
rights of a third party. The date of dispatch of the
return product shall be decisive in the determination
of the return period. Purchase costs by the Buyer shall
be reimbursed via money transfer to an account stated
by the Buyer upon product return.
- Product returns can only be carried out through return
post. The 14-day return period shall apply to the period
between the date of receipt of the product and the dispatch
date of the return product.
- All product return costs are the sole responsibility
of the Buyer.
§4 Limitation & Liability
- The following limitation and liability regulations
apply to the delivery of the undamaged product and its
packaging only. Warranties and liabilities regarding
the software contained on the CD-ROM and its installation
are governed by the End-User Licence Agreement contained
in the installation sequence of the product.
- GItarrero Beginner Software GbR grants a six month
product warranty period to the Buyer. The limitation
period shall commence upon delivery to the customer.
- The Buyer shall advise the Seller of any defects with
the CD-ROM immediately in writing/by e-mail and support
Gitarrero Software GbR in assessing and rectifying any
defects.
- Gitarrero Software GbR is entitled to fulfil its warranty
obligations by altering or amending the product. Alterations
are subject to the authors' opinion and can encompass
the removal of defects, the provision of a new defect-free
CD-ROM as well as the provision of information how the
Buyer can avoid the effects of a defect as an mediate,
but temporary solution.
- Gitarrero Software GbR is not liable for defects or
damages caused by the Buyer or a third party through
inadequate usage or the use of unsuitable equipment.
- Gitarrero Software GbR is not liable for defects caused
in time by wear and tear.
- If the Buyer accepts the product despite knowledge
of a defect it is imperative that he/she reserves his/her
exclusive customer rights as outlined in the following
immediately upon receipt of the product and in writing.
- The Buyer is entitled to withdraw from his/her contractual
obligations or negotiate a partial reimbursement of
the purchase costs with the Seller only if Gitarrero
Software GbR is not willing or unable to remove defects
or replace the product or if the removal of any defects/replacement
of the product exceeds an appropriate period of time
due to reasons that Gitarrero Software has to defend
or if the removal of any defects/ replacement of the
product fails due to other reasons. Minor defects are
excluded from the Buyer's right to withdraw from his/her
contractual obligations with Gitarrero Software GbR.
- Unless stated otherwise under (11), in all other respects,
any liability on the part of Gitarrero Software GbR
irrespective of the legal basis thereof shall be excluded.
Such exemption of liability shall apply in particular
to the following: consequential damages, breach of material
contractual obligation, consultation errors or any illegal
actions against Gitarrero Software GbR or its representatives,
employees or vicarious agents. This is true especially
in respect of loss of profit or other monetary losses.
- The previous exemption from liability does not apply
if damage is caused by intention or negligence or if
the Buyer's claims are based on a legal provision for
product claims.
- Monetary compensations for damage are restricted
to the amount of the value of the delivered product.
§5 Terms of Payment
The Buyer agrees to make payments through the e-commerce
service share-it! as provided by "element 5 AG",
Vogelsanger Str. 78, 50823 Cologne, Germany.
§6 Place of Jurisdiction
- The laws of the Federal Republic of Germany shall
apply exclusively.
- Dresden, Germany shall be the place of fulfllment
for all services and obligations arising from the business
relationship with Gitarrero Software GbR.
- Dresden, Germany shall be the exclusive place of jurisdiction
for all disputes between Gitarrero Software GbR and
the Buyer.
§8 Conclusion
Any waiver of one or more of these terms and conditions
or any defaults hereunder shall not constitute a waiver
of the remaining terms and conditions or of any future
defaults hereunder.
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