of Governikus GmbH & Co KG, Hochschulring 4, 28359 Bremen, Germany
hereinafter referred to as "Governikus KG
§ 1 Scope
(1) The following terms and conditions apply to the sale of software, card readers, the procurement of signature cards and for support services via the online store of Governikus KG. If Governkus KG offers it, orders can also be placed by e-mail or fax. Deviating general terms and conditions of customers do not apply in the direct business relationship with Governikus KG, even if Governikus KG does not object to them directly and/or provides its services without objection. For details of the offers the respective product or service descriptions are available.
(2) These terms and conditions are directed exclusively to entrepreneurs and legal entities under public law.
(3) In the conclusion of signature card contracts Governikus KG acts only as an intermediary for the customer. The card contract is concluded between the customer and Telesec / Deutsche Telekom. For this, explicit reference is made to the terms and conditions of Telesec: https://www.telekom.de/dlp/agb/pdf/42816.pdf
§ 2 Reservations
(1) Until full payment, the delivered goods remain the property of Governikus KG.
(2) Governikus KG reserves the right to provide a service equivalent in quality and price. The service presented in the store is exemplary and not the individual, contractual service. The provider reserves the right not to provide the promised service in case of unavailability.
§ 3 Type and scope of the service
(1) The offers of Governikus KG are subject to change with regard to price, quantity, delivery time and delivery possibility. The sales contract for card readers is concluded by the customer's order on the one hand and delivery of the goods or order confirmation in at least electronic form by Governikus KG on the other hand. Partial deliveries are permissible, if they are reasonable for the customer. Governikus KG reserves the right to refuse acceptance of the customer's order without giving reasons.
(2) The purchase of a card reader entitles the customer to use the telephone support of Governikus KG to the extent agreed upon in each case.
(3) The customer is bound to his order for 14 days.
(4) When ordering support services, the customer is entitled to use the support hotline of Governikus KG at the conditions defined in the service description.
§ 4 Remuneration
(1) The fees to be paid by the customer to Governikus KG are determined by the price list for signature cards, card readers and support services valid at the time of conclusion of the contract. In the event of a change in the statutory VAT rate, Governikus KG is entitled to adjust the prices accordingly.
(2) Prices are quoted ex Governikus KG headquarters within Germany plus costs for packaging and shipping.
(3) Unless otherwise agreed, monetary claims shall become due without deduction upon delivery or upon the entry into force of a support agreement and shall be settled by bank transfer quoting the invoice number (account 1169101 at Sparkasse Bremen, sort code 29050101 or IBAN DE69290501010001169101, BIC SBREDE22).
(4) If the customer is in default of payment, the outstanding amount is subject to interest at 9% p.a. above the respective prime rate. Further rights of Governikus KG remain unaffected. The customer is also in default without a reminder if the invoice amount is not paid within 30 days.
(5) Governikus KG reserves the unrestricted right to assign its claims to third parties.
(6) The customer is only entitled to offset or to assert a right of retention if Governikus KG has expressly acknowledged the counterclaim or it has been determined by a court.
§ 5 Delivery conditions
(1) Details of delivery times are only binding if they have been confirmed in writing by Governikus KG.
(2) If Governikus KG exceeds an agreed delivery time, the customer has the right to set a reasonable grace period of at least two weeks by registered letter and to withdraw from the contract after the expiration of the grace period. Further claims are excluded.
(3) In the event that Governikus KG cannot provide the owed service due to force majeure, Governikus KG is released from its performance obligations for the duration of the hindrance. If Governikus KG is unable to execute the order or deliver the goods for more than one month due to force majeure, the customer is entitled to withdraw from the contract.
(4) At the request of Governikus KG, the customer is obliged to declare whether he withdraws from the contract due to a delay in delivery or insists on performance. Until Governikus KG receives the answer, it remains entitled to perform.
(5) When using support services, it is no longer possible to withdraw from the contract after the service has been used for the first time.
(6) Depending on the type of service booked, the contract for support services shall end after a) the conclusion of a support ticket or b) the end of the agreed service period. A support service that has been started (support ticket) shall also be completed after the end of the contract period.
(7) Governikus KG determines when a support service is completed.
§ 6 Retention of title
The sold goods remain the property of Governikus KG until full payment of the purchase price. The customer is authorized to resell the reserved goods in the ordinary course of business. All resulting claims against third parties, including balance claims from current account, are hereby assigned by the customer in advance to Governikus KG as security. If the value of the assigned claims exceeds the amount of the secured claims by 20%, Governikus KG will release a part of the claims at the request of the customer. Notwithstanding this assignment, the customer remains entitled to collect the receivables, unless Governikus KG revokes this authorization due to default of payment of the debtor or for any other important reason.
§ 7 Warranty and liability
(1) Governikus KG provides the customer with the card readers free of defects. An insignificant defect is irrelevant.
(2) Special agreements can be made between Governikus KG and the customer regarding the quality of the goods. Such agreements do not constitute guarantees of quality or durability within the meaning of § 443 BGB.
(3) Complaints due to a defect, wrong delivery or quantity deviations are to be asserted in writing immediately, at the latest, however, 7 days after receipt of the goods, as far as these can be determined by reasonable examinations. The customer must inspect the goods upon receipt and immediately notify the carrier of any obvious defects and immediately notify Governikus KG in writing. The customer has to take measures within the bounds of reasonableness to facilitate the determination of the defects and their causes.
(4) Governikus KG may remedy the defect at its discretion by immediate removal or new delivery.
(5) Governikus KG is liable for damages only insofar as these have been caused by it or its vicarious agents in an intentional or grossly negligent manner. This limitation of liability applies to all claims for damages, regardless of the legal basis, in particular also for liability due to tort or due to a breach of duty. For the injury of substantial contract obligations Governikus KG is responsible also with easy negligence, however only at height of the direct, contract-typical foreseeable damage. This limitation does not apply in the case of injury to life, limb or health or mandatory liability under the Product Liability Act.
(6) The warranty period shall be 12 months from receipt of the goods by the Customer, unless otherwise agreed in writing. The warranty period for defects in subsequent performance shall also end at this time.
§ 8 Data protection
(1) Governikus KG is entitled to process the data received regarding the business relationship or in connection with it about the customer in the sense of the Data Protection Regulation (DSGVO). Governikus KG ensures that all persons entrusted by it with the processing or fulfillment of the contract comply with the legal provisions on data protection.
(2) The customer and Governikus KG are obligated to treat all information, business and trade secrets obtained within the scope of the contractual relationship as confidential, in particular not to pass them on to third parties or to use them other than for contractual purposes.
§ 9 Final provisions
(1) Should individual provisions of this contract be or become invalid, the remainder of the contract shall remain valid. The invalid provision shall then be replaced by a valid provision which comes as close as possible to the economic result of the invalid provision. The same shall apply accordingly to loopholes in the contract.
(2) With regard to the entire offer of Governikus KG, the law of the Federal Republic of Germany applies exclusively.
(3) Place of performance and exclusive place of jurisdiction is the Free Hanseatic City of Bremen.
(4) If the customer is a legal entity under public law, the EVB-IT Kauf shall also be part of the contract, with the exception of the provisions made therein regarding the warranty obligation and the maintenance obligation. The EVB-IT Purchase, with the exception of the provisions made therein regarding the warranty obligation and the maintenance obligation, shall take precedence over these GTC if they expressly provide for a deviating provision.
Right of withdrawal for consumers:inside
(Consumer:in is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity).
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must send us (Governikus GmbH & Co. KG, Hochschulring 4, 28359 Bremen, Germany, telephone number: +49 421 204 95-0, e-mail address: email@example.com) by means of a clear declaration (e.g. a letter sent by post, e-mail) of your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.