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 and support services via the Governikus KG online store. If offered by Governikus KG, orders can also be placed by e-mail. Deviating general terms and conditions of customers shall not apply in the direct business relationship with Governikus KG, even if Governikus KG does not directly object to them and/or provides its services without objection. The respective product or service descriptions are available for details of the offers.
(2) These GTC are aimed at entrepreneurs and legal entities under public law as well as consumers. If a clause mentioned here is not aimed at consumers, this is explicitly indicated by the wording of the clause.
§ 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 of equivalent quality and price. The service shown in the store is exemplary and not the individual, contractual service.
§ 3 Type and scope of the service
(1) The offers of Governikus KG are subject to change with regard to price, quantity, delivery period and delivery options.
(2) When ordering support services, the customer is entitled to use the Governikus KG support hotline under the conditions defined in the product details.
§ 4 Remuneration
(1) The fees to be paid by the customer to Governikus KG are determined by the price list valid at the time the contract is concluded. In the event of a change in the statutory VAT rate, Governikus KG is entitled to adjust the prices accordingly.
(2) Unless otherwise agreed, monetary claims are due without deduction upon acceptance of the offer or when a support agreement comes into force and are to be paid by bank transfer stating the invoice number (account 1169101 at Sparkasse Bremen, sort code 29050101 or IBAN DE69290501010001169101, BIC SBREDE22).
(3) If the customer defaults on payment, interest shall be charged on the outstanding amount at 9% p.a. above the respective base interest rate if the customer is an entrepreneur or legal entity or legal entity under public law. If the customer defaults on payment as a consumer, interest shall be charged on the outstanding amount at 5% p.a. above the respective prime rate. Further rights of Governikus KG remain unaffected. The customer shall also be in default without a reminder if the invoice amount is not paid within 30 days.
(4) Governikus KG reserves the unrestricted right to assign its claims to third parties.
(5) The customer is only entitled to offset or assert a right of retention if Governikus KG has expressly recognized the counterclaim or if it has been established by a court of law.
§ 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 deadline, the customer has the right to withdraw from the contract after setting a reasonable deadline. Further claims are excluded. The consumer's right of withdrawal remains unaffected by this.
(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) The customer is bound to his order for 14 days. Consumers are excluded from this.
(5) At the request of Governikus KG, the customer is obliged to declare whether it is withdrawing from the contract due to a delay in delivery or insisting on performance. Until Governikus KG receives the response, Governikus KG remains entitled to perform.
(6) When using support services, it is no longer possible to withdraw from the contract once the service has been used for the first time.
(7) 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 (support ticket) that has been started will also be completed after the end of the contract term.
(8) Governikus KG will inform the customer when the support service has been 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 may, at its discretion, remedy the defect vis-à-vis entrepreneurs or legal entities or legal entities under public law by immediate elimination or new delivery.
(2) Governikus KG shall only be liable for damages if 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, irrespective of their legal basis, in particular also to liability for tortious acts or due to a breach of duty. Governikus KG shall also be liable for the breach of material contractual obligations in the event of slight negligence, but only to the extent of the direct, foreseeable damage typical of the contract. This limitation does not apply in the event of injury to life, limb or health or mandatory liability under the Product Liability Act.
(3) The warranty period for entrepreneurs and legal persons and legal entities under public law shall be 12 months from the time of download from the customer, unless otherwise agreed in writing. The warranty period for defects in supplementary performance also ends at this time. The statutory warranty periods for consumers remain unaffected.
§ 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.
(3) The aforementioned provisions in paragraphs 1 and 2 do not apply to consumers.
§ 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 that comes as close as possible to the economic result of the invalid provision. The same shall apply accordingly to contractual loopholes.
(2) The law of the Federal Republic of Germany shall apply exclusively with regard to the entire offer of Governikus KG.(3) The place of performance and exclusive place of jurisdiction for a contractual relationship with an entrepreneur, a legal person or a legal entity under public law is the Free Hanseatic City of Bremen.(4) If the customer is a legal entity under public law, the EVB-IT Kauf (version of the EVB-IT AGB) shall also form part of the contract, with the exception of the provisions on the warranty obligation and the maintenance obligation contained therein. 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.
Cancellation Policy
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 inform us (Governikus GmbH & Co. KG, Hochschulring 4, 28359 Bremen, Germany, telephone number: +49 421 204 95-0, e-mail address: onlineshop@governikus.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, e-mail). You can use the attached sample withdrawal form, but this 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.