General Terms and Conditions

1. Scope

These General Terms and Conditions apply to all contracts concluded between AQ SECURE GmbH, Brüder-Grimm-Str. 15 A, 84036 Landshut, represented by the managing director Renato Jurjević (hereinafter referred to as "Provider") and the Customer (hereinafter referred to as "Customer").

Other contractual terms do not become part of the contract, even if the Provider does not expressly object to them.

Individual agreements made with the Customer in individual cases (including ancillary agreements, additions and changes) and information in our order confirmation take precedence over these General Terms and Conditions. The content of such agreements is determined, subject to proof to the contrary, by a written contract or our written confirmation.

A Customer is any natural or legal person or a partnership with legal capacity that concludes a legal transaction for a purpose that can be attributed predominantly to their commercial or independent professional activity.

2. Subject of the contract

The Provider offers the Customer software, hardware, services and related advice for purchase.

The representations of the products and the prices on the Provider's website and in the Provider's online shop do not constitute a legally binding offer, but rather non-binding product descriptions or a non-binding online catalog.

The Provider is entitled to provide the services through third parties as subcontractors and is liable for the provision of services by subcontractors as for its own actions.

The Customer undertakes to check before concluding the contract that the scope of services corresponds to its specifications and that the hardware, software or infrastructure requirements for the implementation of the ordered software or hardware are met.

3. Conclusion of contract

Our offers are non-binding and subject to change. This also applies if the Provider has provided the Customer with catalogs, technical documentation (e.g. concepts, drawings, plans, calculations or estimates) and other product descriptions or documents (also in electronic form). The Provider reserves the ownership and copyright of all documents provided to the Customer in connection with the order. These documents may not be made accessible to third parties unless the Provider gives the Customer express written consent to do so.

By clicking on the purchase confirmation "Buy/order for a fee" in the Provider's online shop, the Customer places a binding order for the goods and services listed on the order page.

The purchase contract is concluded when the Provider accepts the order by sending an order confirmation by email immediately after receiving the order. During the ordering process, the Customer is obliged to provide a valid email address to which the Customer has access.

For deliveries and services of other types (e.g. special solutions or products that are not listed in the Provider's online shop, consulting, setup and installation of the software) these terms and conditions apply in the absence of an individual agreement. The parties also conclude a purchase, service and/or consulting contract.

4. Prices and payment agreements

The prices listed in the Provider's online shop or in the offer at the time of the order apply. These are the final prices and already include the VAT applicable in Germany - unless they are shown as net prices. For items that are on special offer at the time of purchase, the reduced price is included in the final offer when ordering.

The Customer bears the costs for delivery and packaging. They are invoiced separately. Unless a fixed price agreement has been made, reasonable price changes, e.g. due to EUR/USD exchange rate fluctuations, changes in goods or distribution costs for deliveries that take place three months or later after the contract has been concluded, remain reserved.

5. Payment

Unless otherwise agreed, the amount to be paid is due for payment without deduction within seven days of the invoice date. Otherwise, the statutory rules on late payment apply.

In principle, the Provider offers payment methods of advance payment, SEPA direct debit, credit card and cash payment upon collection. The Provider reserves the right for each order not to offer certain payment methods and to refer to the payment methods offered by the Provider.

Advance payment

If the advance payment method is selected, the Provider will give the Customer the bank details in a separate email and will deliver the goods after receipt of payment.

SEPA direct debit

When placing the order, the Customer gives the Provider a SEPA direct debit mandate. The Provider will inform the Customer of the date on which the account will be debited (so-called SEPA advance notice). When the SEPA direct debit mandate is submitted, the Provider requests the bank to initiate the payment transaction. The payment transaction is carried out automatically and debited from the Customer's account. The account is debited before the goods are dispatched. The deadline for advance notification of the date of the account debit (so-called SEPA advance notice period) is two days.

Credit card

The Customer pays directly in the order process by entering the credit card details. When the goods are dispatched, the Customer's credit card is charged with the actual invoice amount after deducting any discounts, vouchers, etc. For goods that are specially made to Customer specifications or are clearly tailored to personal needs, the Customer's credit card is immediately charged with the actual invoice amount after deducting any discounts, gift vouchers, etc.

Cash payment upon collection

The Customer pays the invoice amount in cash upon collection.

Please note that the Provider only accepts payments from accounts within the European Union (EU). Any costs of a money transaction are borne by the Customer.

6. Retention of title

The goods remain the property of the Provider until full payment has been made. The Customer will keep the Provider's property safe free of charge.

If the Customer violates his payment obligation despite a reminder, the Provider is entitled to block the services at the Customer's expense. In this case, the Customer remains obliged to pay the agreed fees to the Provider. The Provider reserves the right to assert further claims due to late payment.

7. Rights of use

The Provider grants the Customer a simple, non-transferable and non-sublicensable right of use for the software sold for the contractually intended purpose.

Further use, storage, processing or reproduction is only permitted with the express written consent of the Provider.

8. Cancellation policy

Right of cancellation

The Customer has the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which the Customer or a third party other than the carrier designated by the Customer takes possession of the goods.

In order for the Customer to exercise his right of cancellation, the Customer must inform the Provider of his decision to cancel this contract by means of a clear written declaration (e.g. a letter sent by post or an e-mail).

The Customer can use the sample cancellation form attached in the appendix, but this is not mandatory.

To meet the cancellation period, it is sufficient for the Customer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If the Customer revokes this contract, the Provider must refund all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the Customer choosing a different type of delivery than the inexpensive standard delivery offered by the Provider), promptly and at the latest within fourteen days from the day on which the Provider received notification of his revocation of this contract.

For this refund, the Provider will use the same means of payment that the Customer used for the original transaction, unless something else was expressly agreed with the Customer; under no circumstances will the Customer be charged any fees for this refund.

The Provider may refuse to refund until the Provider has received the goods back or until the Customer has provided proof that the Customer has returned the goods, whichever is earlier.

The Customer must return or hand over the goods to the Provider or to the company authorized by the Provider to receive the goods immediately and in any case no later than fourteen days from the day on which the Customer notified the Provider of the cancellation of this contract. The deadline is met if the Customer sends the goods before the expiry of the fourteen-day period.

The Customer bears the direct costs of returning the goods.

Exclusion / expiration of the right of cancellation

According to Section 312g Paragraph 2 of the German Civil Code, a right of cancellation does not exist, among other things, for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the Customer is decisive or which are clearly tailored to the Customer's personal needs and it expires prematurely for contracts for the delivery of sealed goods if their seal was removed after delivery.

In addition, a right of cancellation does not exist for ordered software licenses that have already been firmly assigned to the Customer by the Provider or have already been activated by the Customer.

9. Delivery and delivery time

The delivery time is 3-5 days after receipt of payment, unless different delivery times have been contractually agreed. The Provider can provide partial services as long as the delivered parts can be used sensibly by the Customer.

The Provider cannot be held responsible for delays due to force majeure and events that make delivery difficult or even impossible, even if binding deadlines and dates have been agreed. Claims arising from this are excluded.

10. Shipping costs

Unless otherwise agreed, the Provider will cover shipping costs for orders over EUR 200.00.

11. Warranty

The warranty period for new goods is two years. This does not apply to goods that fall under Section 312g Paragraph 2 of the German Civil Code. It begins on the delivery date.

If the goods delivered have obvious material or manufacturing defects, including transport damage, the Customer must immediately complain about these defects to the Provider or to the employee of the transport service Provider who delivered the goods to the Customer. If defective goods are delivered, the Provider is free to meet the warranty obligation by repairing them, exchanging proper goods for defective ones, replacing the reduced value or by converting the goods. The Customer's warranty claims are not transferable.

Other warranty claims are excluded.

12. Liability

The Provider is liable for all damages arising in connection with this contract, regardless of the actual or legal reason, only in accordance with the following provisions:

In the case of intent and gross negligence as well as in the case of injury to life, body or health, the Provider is liable without limitation in accordance with the statutory provisions.

In addition, the Provider's liability per calendar year is limited to the damage foreseeable at the time the contract was concluded, up to a total amount for all cases of damage per calendar year that corresponds to 50% of the remuneration paid by the Customer in that calendar year. This limitation of liability also applies in the event of data loss and data deterioration.

13. Retention of title

The goods remain the property of the Provider until full payment has been received.

14. Customer's declaration of consent to data processing

When personal information is entered in so-called contact forms, the Provider receives the Customer's email address and telephone number in addition to other personal data. This data is used exclusively to process the contractual relationship, and in the case of commercial Customers only for advertising measures by telephone or email for their own products. The Customer can object to future advertising measures at any time.

15. Contract data processing

The parties will observe the applicable data protection regulations, in particular those valid in Germany, and will oblige their employees employed in connection with the contract and its implementation to maintain data secrecy in accordance with Section 5 of the Federal Data Protection Act, unless they are already generally obliged to do so.

If contract processing is involved, an agreement on contract data processing will be concluded in addition to these contractual terms.

16. Choice of law and place of jurisdiction

The law of the Federal Republic of Germany applies to these General Terms and Conditions of Sale and the contractual relationship between the Provider and the Customer, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.

If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the Provider's place of business in Landshut is the exclusive and international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if the Customer is an entrepreneur within the meaning of Section 14 of the German Civil Code.

17. Final provisions

All changes, additions and terminations of contractual agreements must be in writing, as must the cancellation of the written form requirement, unless this contract provides for text form.

Should individual provisions above be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.

18. Prevailing of the German version

In the case of any discrepancy or contradiction between the German and English versions, the German version shall prevail.

Status: August 2024



Appendix:

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

To

AQ SECURE GmbH

Brüder-Grimm-Str. 15 A

84036 Landshut

E-mail: info@aqsecure.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

____________________________________

____________________________________

____________________________________

Ordered on (*)/received on (*)

____________________________________

Customer's name

____________________________________

Customer's address

____________________________________

____________________________________

____________________________________

Customer's signature (only if notification is on paper)

_____________________________________

Date

_________________________

(*) Delete as appropriate.New Paragraph