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General Terms and Conditions of “TecAlliance”
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General Terms and Conditions of “TecAlliance”
1. Scope of applicability
TecAlliance GmbH, Steinheilstraße 10, 85737 Ismaning, Germany, (hereinafter referred to as ‘TECALLIANCE’) operates the sales platform “TecAlliance Solutions” under the URL https://solutions.tecalliance.net/ where it offers third parties the option to order various products and services and to have these delivered on a regular basis.
The business relationship between TECALLIANCE and the purchaser (hereinafter referred to as the Customer) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time the order was placed. Any Terms and Conditions of the Customer that deviate from these shall not be recognised by TECALLIANCE unless otherwise expressly agreed in writing between TECALLIANCE and the Customer. In the case of conflicting General Terms and Conditions, these Terms and Conditions shall take precedence.
2. Conclusion of contract, performance of contract
(1) TECALLIANCE concludes contracts solely with entrepreneurs within the meaning of §14 BGB [German Civil Code], i.e. with natural or legal persons, or partnerships with legal personality, who are acting in the exercise of their commercial or independent professional occupation when entering into a business relationship with TECALLIANCE. Legal transactions involving consumers in the sense of §13 of the BGB (German Civil Code) are excluded.
(2) Each order constitutes an offer by the Customer to TECALLIANCE for the conclusion of a purchase contract. Upon receipt of the order by TECALLIANCE, the Customer shall receive an e-mail confirming receipt of the order by TECALLIANCE and stating the details of said order (order confirmation). This order confirmation constitutes an acceptance of the customer’s offer.
(1) Some items that are offered in TECALLIANCE’s online shop can be purchased on a subscription basis. The respective offers are described in the following.
(2) Our offer consists of an annual subscription featuring an automatic extension and a minimum contract duration of 12 months. This offer is available upon payment of an annual lump-sum fee (including all taxes), the amount of which is listed on the product’s details page. The amount of the fee may fluctuate among individual countries, depending on the currency in which payment is made and the applicable exchange rate.
At the end of a 12-month term, the customer’s subscription shall be automatically renewed for a further year, unless the customer or TECALLIANCE has cancelled the subscription at least four weeks prior to the end of the subscription period.
Customers who have subscribed to this offer may cancel their subscription with TECALLIANCE in text form. For example, they can do so by
- sending the customer service department, a ‘cancellation order’, or
- using their login to log on to the https://solutions.tecalliance.net> site, clicking the ‘Subscription’ button in the ‘My account’ section, clicking the ‘Cancel subscription’ tab, specifying the reason for the cancellation of the subscription and finally clicking the ‘Confirm cancellation’ option.
The cancellation will become effective at the end of the subscription period for which the Customer has paid the last subscription fee. The Customer shall receive confirmation of cancellation by e-mail and may use the previously acquired product until the end of the subscription term.
4. Packaging, shipping, delivery
(1) Digital products (eTickets) shall be delivered electronically (e-mail) free of charge.
(2) Depending on the delivery address, shipping costs may be charged for the packaging and shipping of other products. These are indicated to the Customer during the order process. Delivery shall be ex warehouse to the delivery address provided by the Customer. A delivery may consist of several packages. The goods may be dispatched from various warehouse locations, where necessary.
(3) TECALLIANCE shall endeavour to deliver the goods immediately. In the event of delivery delays, the Customer shall be promptly informed by e-mail or by phone.
(4) TECALLIANCE shall only be liable for delays where delivery dates have been confirmed in writing and only in cases where TECALLIANCE can be held responsible for such delays.
(5) In the event that the ordered goods are not available, TECALLIANCE reserves the right to cancel the delivery. In such a case, any payments already made shall then be reimbursed immediately.
(6) Where TECALLIANCE is not able to deliver the ordered goods through no fault of its own due to the fact that a supplier of TECALLIANCE has failed to fulfil its contractual obligations, TECALLIANCE shall be entitled to withdraw from the contract with the Customer. In such a case, the Customer shall be informed without delay that the ordered product is not available. The statutory claims of the Customer shall remain unaffected.
(7) Where it is not possible to make delivery to the Customer due to the fact that the Customer cannot be reached at the delivery address provided by him/her although he/she was given reasonable notice of the delivery date, the Customer shall bear any and all costs incurred due to the failure to deliver the goods.
5. Retention of title, set-off
The delivered goods shall remain the property of TECALLIANCE until such time as payment has been made in full. If the Customer has resold the goods before payment has been made in full, his/her claims against the third-party buyer shall be deemed to have been assigned to TECALLIANCE.
(1) The prices that were in force at the time of the order shall apply.
(2) All the prices are denominated in euros and net final prices (plus shipping costs).
(3) TecAlliance shall be entitled to change the subscription prices that will take effect in the future. The price change shall be disclosed to the customer in text form. The change shall be considered to have been accepted if the customer does not raise an objection in text form within a period of six weeks after the disclosure of the change. This consequence shall explicitly be pointed out to the customer as part of the disclosure of the change.
7. Due date and payment
(1) The purchase price shall be payable at the time at which the contract is concluded. Payment shall be made using one of the methods of payment offered during the order process. If the purchase price is not paid to TECALLIANCE within a period of 14 days, TECALLIANCE reserves the right to withdraw from the purchase contract.
(2) The goods shall be dispatched after TECALLIANCE has received the payment in full. Payment by instalments is not possible.
(3) The Customer shall authorise TecAlliance to debit the method of payment specified by him/her upon ordering the subscription with the corresponding amounts due for the ordered subscription for the ordered product. TECALLIANCE’s payment service providers shall store the customer’s payment details, because the customer’s bank account is automatically debited at the time of extension of the subscription. The said payment details shall continue to be stored until the subscription is effectively cancelled in accordance with these GTCs.
With the disclosure of information relating to the method of payment used by him/her, the Customer authorises the specified bank account to be debited and shall accept the transaction fees charged by his/her bank for the respective transaction. The customer authorises the bank to pay the total sum (including VAT) associated with his order to TECALLIANCE.
The price of the ordered subscription in the currency specified at the time the order was placed shall determine the amount to be debited. Prices do not include taxes; they shall be invoiced on the basis of the VAT rate valid on the day the order was placed, subject to any possible alterations.
The amounts associated with the corresponding orders related to the subscription shall be deducted in the currency that was specified during the order procedure.
In the course of the respective transaction, the Customer’s bank details shall be disclosed only to the bank and TecAlliance’s payment service provider.
8. Warranty / liability
(1) The Customer shall be obligated to report any visible material, production or transport defects without delay, but no later than two weeks after delivery of the goods, to TECALLIANCE.
(2) The statutory warranty rights shall apply.
(3) Any claims of the Customer in excess thereof, irrespective of the legal basis, shall be excluded. TECALLIANCE shall not be liable for any damages not caused to the goods themselves; nor shall TECALLIANCE be liable for, in particular, loss of profits or other financial losses on the part of the Customer. Insofar as contractual liability on the part of TECALLIANCE is excluded or limited, this shall also apply for the personal liability of employees, representatives and vicarious agents.
(4) The aforementioned limitation of liability shall not apply where the damage was caused due to intent or gross negligence or in the case of personal injury. It shall also not apply where the purchaser asserts legally regulated claims.
(5) Where TECALLIANCE is in breach of a material contractual obligation, the obligation to pay compensation for material damages shall be limited to damage that can typically be expected.
(6) The assignment of any claims arising from this provision shall be excluded.
9. Set-off, right of retention
The Customer shall only be entitled to set off costs where his/her counterclaims have been established with legally binding effect or are undisputed by TECALLIANCE. Furthermore, he/she shall only be entitled to exercise a right of retention where his/her counterclaim is based on the same contractual relationship.
10. Data protection
This home page (more specifically, http://solutions.tecalliance.net/datenschutz) provides the customer with detailed information regarding the type, scope, location, collection purpose, processing and utilisation of the data associated with the execution of orders by TECALLIANCE. A contract can only be concluded if the customer explicitly approves of the operations that are listed under http://solutions.tecalliance.net/datenschutz and which involve the collection, processing and utilisation of personal data.
11. Place of fulfilment and jurisdiction
German law shall apply. If the customer is a merchant or does not reside in Germany, TECALLIANCE’s place of business shall be the sole place of jurisdiction.
12. Alterations to the General Terms and Conditions
TecAlliance shall be entitled to change these GTCs for future effect. The change shall be disclosed to the customer in text form. The change shall be considered to have been accepted if the customer does not raise an objection in text form within a period of six weeks after the disclosure of the change. This consequence shall explicitly be pointed out to the customer as part of the disclosure of the change.
13. Severability clause
Should one of these provisions be invalid, this shall not affect the validity of the remaining provisions.
Status of these GTCs: 25 September 2018