General Terms and Conditions
a) Scope of Application
These general terms and conditions apply to all business transactions between syskomp gehmeyr GmbH - emico, Max-Planck-Straße 1, 92224 Amberg, represented by Managing Director Jan-Hendrik Aschmann, and the customer. The version valid at the time the contract was entered into shall apply. Any contradicting terms and conditions issued by the customer are expressly excluded.
b) Contractual Agreement
The language of this contract is German.
c) Retrospective Changes to the Terms and Conditions
syskomp gehmeyr GmbH - emico is permitted to carry out retrospective changes to the general terms and conditions for existing business relationships, insofar as changes to the law or jurisdiction or other circumstances mean that the contractual balance has been considerably affected. Retrospective changes to the terms and conditions shall be valid as long as the customer does not contest the changes within six weeks of being informed of intended changes. syskomp gehmeyr GmbH - emico shall remind the customer of the consequences of remaining silent at the beginning of this contesting period, and allow the customer the chance to provide an express declaration. If the customer contests within the deadline, both syskomp gehmeyr GmbH - emico and the customer are permitted to extraordinarily terminate the contract.
§2 Registration / Conclusion of Contract
In order to fully use this website, it is first necessary to create a customer account. You will be asked to enter data necessary for syskomp gehmeyr GmbH - emico to carry out its services. Entries must be confirmed by clicking on the ‘register’button. The customer will receive a confirmation email with information required for logging in. Registration is complete once the customer has used this information to log into the syskomp gehmeyr GmbH - emico website.
The customer must keep his/her password, which allows the customer access to the personal area, strictly confidential and must not transfer it to third parties. The customer shall carry out suitable and reasonable measures to prevent third party access to his/her password. A customer account may not be transferred to another user or any other third party.
b) Conclusion of Contract
The presentation of goods in the syskomp gehmeyr GmbH - emico online shop is non-binding. The order process on this website is made up of four steps. Firstly, the customer selects the desired wares. Secondly, he/she enters data, including the billing address and a separate shipping address if applicable, insofar as these are not saved to the customer account. Thirdly, the customer selects a payment method and delivery option. Finally, the customer can check all entries (e.g. name, address, payment method, order products) and correct any errors if necessary, before clicking on ‘order’to confirm the order. By ordering, the customer creates a binding offer. syskomp gehmeyr GmbH - emico will immediately confirm receipt of the customer’s offer. This confirmation does not constitute an acceptance of the offer. syskomp gehmeyr GmbH - emico is permitted to bindingly accept the order offer within two days of receiving the order by issuing a notification via email, fax, telephone or post, or by dispatching the ordered wares. Once the order is accepted, a contract is created between the customer and syskomp gehmeyr GmbH - emico.
c) Saving the Contract Text
The contractual text is saved by syskomp gehmeyr GmbH - emico and sent to the customer along with the relevant terms and conditions and customer information texts (e.g. via email, fax or post). The customer cannot access the contractual text via the website again once the order has been placed. The customer can use their browser’s printing function to print out the relevant web page with the contractual text.
d) Conclusion of Contract for Custom Products
Customers can commission syskomp gehmeyr GmbH - emico with the production of custom products. The contract in this case takes the form of an individual contract and a related declaration of acceptance. This contract must be concluded in writing. All contractual agreements must be made in writing.
a) Minimum Quantity Surcharge
If the customer lives within Germany or the EU and his/her order does not exceed EUR 25, there shall be a minimum delivery charge of EUR 10. If the customer lives outside the EU and his/her order does not exceed EUR 50, there shall be a minimum delivery charge of EUR 50.
b) Tolerance for Business Contracts
Any deviations in the ordered amount of wares of up to 10% shall be acceptable as a tolerance if the contract is with a business.
c) Partial Deliveries
syskomp gehmeyr GmbH - emico is permitted to carry out partial deliveries if this is reasonable to the customer. The customer shall not incur additional delivery charges for partial deliveries.
d) Delivery and Service Delays
syskomp gehmeyr GmbH - emico is not responsible for delays in deliveries or services due to force majeure or unusual and unforeseeable circumstances that were not able to be prevented by syskomp gehmeyr GmbH - emico (this especially includes strikes, governmental or judicial injunctions and cases of incorrect or improper self-delivery in spite of hedging transactions). Such circumstances allow syskomp gehmeyr GmbH - emico to delay the delivery for the duration of the obstacle.
If wares are not available due to the circumstances outlined above, syskomp gehmeyr GmbH - emico may withdraw from the contract. syskomp gehmeyr GmbH - emico is obliged to immediately inform the customer about the lack of availability and to immediately refund any payment already received.
f) Delivery Exclusion
We do not deliver to PO boxes.
g) Default of Acceptance
If the customer is in default of acceptance of the ordered wares, syskomp gehmeyr GmbH - emico is permitted to set a reasonable deadline and, if this deadline passes unobserved, to demand damage compensation either for default or for non-fulfilment. During this default of acceptance, the customer shall bear the risk of accidental loss or deterioration.
h) Performance Time
Unless otherwise expressly agreed in writing, syskomp gehmeyr GmbH - emico shall deliver within 5 days. This deadline begins the day after the transferring bank has provided a notification of payment if the order is being paid for in advance, and the day after the contract was concluded if the order is to be paid for by invoice or cash on delivery. This period shall end on the fifth following day. If this last day falls on a Saturday, Sunday or public holiday at the delivery destination, the deadline shall be moved to the next valid delivery day.
§4 Place of Fulfilment for Business Contracts
The syskomp gehmeyr GmbH - emico head office in Amberg is agreed as the place of fulfilment for all obligations arising from a contractual relationship with a business. All deliveries are ex works. If the wares are being sent to a different location than the place of fulfilment at the customer’s request, risk shall be transferred to the customer as soon as syskomp gehmeyr GmbH - emico has transferred the wares to the courier, freight service provider or any other delivery agent.
a) Prices and Delivery Costs
All prices stated in contracts with consumers include VAT. In business contracts, prices do not include VAT. Costs for postage and packaging are listed separately, unless the customer has arranged to pick up the order from syskomp gehmeyr GmbH - emico in Amberg. For international deliveries, the customer is responsible for settling any applicable customs charges and tax.
syskomp gehmeyr GmbH - emico reserves the right to agree on a discount with the customer.
c) Default of Payment
The customer shall be considered in default of payment if payment has not been received by syskomp gehmeyr GmbH - emico within 30 days after the invoice was received. Interest of 5 percent above the base rate established by the European Central Bank shall be charged for default of payment, or 9% above the European Central Bank’s base rate for legal transactions to which the consumer is not a party. If the customer is in default of payment, syskomp gehmeyr GmbH - emico reserves the right to charge EUR 5 for the issuing of a payment reminder. The right to claim for additional damage compensation is reserved. The customer has the right to prove that syskomp gehmeyr GmbH - emico incurred either lower costs or no costs at all.
d) Right of Retention
The customer may only exercise the right of retention for counterclaims that are payable and relating to the same contract as the customer’s obligation.
§6 Right of Withdrawal Explanation for Consumers in Distance Sales Contracts
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without providing a reason.
The right of withdrawal is valid for fourteen days from the day on which you or a third party named by you that is not the carrier received possession of the wares/the last wares.
In order to exercise your right of withdrawal, you must send us a notification of your decision to withdraw from the contract (Syskomp gehmeyr GmbH - emico, Max-Planck-Straße 1, 92224 Amberg, telephone: +49 9621 6754-50, fax: +49 9621 6754-599, e-mail: firstname.lastname@example.org). You can use the template provided but this is not mandatory.
In order to honour the withdrawal deadline, it is sufficient that you dispatch the notification before the end of the deadline.
Repercussions of Withdrawal
If you withdraw from this contract, we will refund all payments already received from you including delivery costs (excluding additional costs if you selected a different delivery option than our cheapest standard delivery option) within fourteen days of the day we received your notification of withdrawal. For this payment, we shall use the same payment method you used for the initial transaction unless otherwise agreed with you. You will not be charged by us for this transaction. We can refuse refunds until we have received the wares or until we have received evidence that you have dispatched the wares, whichever is earlier.
You must dispatch or hand over the wares to us within fourteen days from the day you sent the notification of withdrawal. This deadline is considered honoured if you dispatch the wares by the end of the deadline. You will cover the costs of returning the wares.
You must only cover any loss of value to the wares if this loss can be traced back to you during an inspection of the ware’s quality, properties and function.
- End of Withdrawal Explanation -
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of wares that are not prefabricated and whose manufacture is based on an individual decision or requirement issued by the consumer, or that are obviously adapted to suit the consumer’s personal requirements.
§7 Return of ordered wares
Customers can return ordered products (apart from custom products) within 30 days of receipt as long as the product is complete, new and not damaged. In this case, syskomp gehmeyr GmbH - emico shall refund the purchase price minus 30% of the product value. The customer’s right of withdrawal and guarantee are generally not affected.
§8 Customer Obligations for Custom Products
a) Custom Products
The customer is solely responsible for the content and correctness of the transferred data for custom orders. He/she is also obliged to not provide any data that infringes third party content rights (e.g. personal rights, naming rights, trademark, copyright etc) or that violates any applicable laws.
The customer shall indemnify syskomp gehmeyr GmbH - emico from all third party claims relating to such infringements against syskomp gehmeyr GmbH - emico. This also includes reimbursing costs for necessary legal representation.
c) Data Security
The customer is responsible for ensuring transferred information is secure. syskomp gehmeyr GmbH - emico cannot be held liable for the loss of information transferred by the customer, as syskomp gehmeyr GmbH - emico does not offer a general data security guarantee.
§9 Retention of Ownership
Insofar as the customer is a business, any wares, works and materials shall remain property of syskomp gehmeyr GmbH - emico until all present and future claims arising from the transaction have been fulfilled. If the customer is a consumer, only the delivered product from the concrete contract shall remain property of syskomp gehmeyr GmbH - emico until the purchase price has been received in full. The customer must treat any items affected by retention of ownership with due care. The customer transfers any claim and/or compensation he/she would receive for the damage, loss or destruction of these items to syskomp gehmeyr GmbH - emico. Unless otherwise agreed, the customer is not permitted to sell, give away, pledge or transfer the goods affected by retention as collateral.
b) Pledging and Other Impairments
If the object subject to retention of ownership is pledged or impaired by third parties in any other way, the customer must inform syskomp gehmeyr GmbH - emico immediately so a case can be opened in accordance with §771 of the ZPO (Code of Civil Procedure). If the third party is not in a position to reimburse judicial and extra-judicial costs in accordance with §771 of the ZPO, the customer shall be held liable to syskomp gehmeyr GmbH - emico for any losses incurred.
c) Further Sale
Insofar as the customer is a business, he/she shall be permitted to further sell the reserved wares within the realms of normal business transactions. The customer transfers all claims against the purchaser in advance to syskomp gehmeyr GmbH - emico to the sum of the final invoice amount (including VAT). This transfer shall apply regardless of whether the purchased item was sold on after being processed in any way. The customer is still permitted to exercise the claim even after the transfer of rights. syskomp gehmeyr GmbH - emico’s right to exercise the claim itself remains unaffected. However, syskomp gehmeyr GmbH - emico will not exercise this claim as long as the customer fulfils his/her payment obligations from the proceeds received, is not in default of payment, there has been no cessation of payment and no insolvency proceedings have been initiated against the customer.
d) Remodelling, Processing and Editing
Insofar as the customer is a business, any editing and processing or remodelling shall take place in the name of and on behalf of syskomp gehmeyr GmbH - emico. In this case, the customer’s expectant right to the purchased product continues to the remodelled object. Insofar as the purchased product has been processed with other items not belonging to syskomp gehmeyr GmbH - emico, syskomp gehmeyr GmbH - emico shall receive joint ownership of the new item proportionate to the objective value of the purchased object to other items used at the time of processing. The same applies if items have been combined.
If this combination was carried out in such a way that the customer’s item is the main item, it is agreed that the customer shall transfer proportional partial ownership to syskomp gehmeyr GmbH - emico, and shall ensure syskomp gehmeyr GmbH - emico’s either sole or partial ownership. In order to ensure claims against the customer, the customer transfers to syskomp gehmeyr GmbH - emico all such claims that the customer is granted against third parties via the combination of the reserved wares with a site. syskomp gehmeyr GmbH - emico accepts this transfer of rights in advance.
If the customer violates the contract, especially by default of payment but also if insolvency proceedings are initiated against the customer’s assets, syskomp gehmeyr GmbH - emico is permitted to take the item back. Retraction does not constitute a withdrawal from the contract unless otherwise expressly declared in writing by syskomp gehmeyr GmbH - emico.
f) Release of Collateral
If the value of collateral exceeds the value of the claim by more than 15 percent, syskomp gehmeyr GmbH - emico is obliged to release this collateral at the customer’s request.
§10 Rights to Catalogues, Drawings and Models
The content of all catalogues, drawings and models created by syskomp gehmeyr GmbH - emico, including all authorised copies, are the material and intellectual property of syskomp gehmeyr GmbH - emico. Re-printing excerpts from catalogues and drawings, and copying parts of models, is only permitted with syskomp gehmeyr GmbH - emico’s written permission.
a) Warranty Claim
Statutory rights of warranty apply. A warranty claim can only arise in relation to the product’s quality; reasonable aesthetic deviations are not covered by a warranty. If a guarantee has also been issued alongside warranty claims, the applicable conditions can be found with the product. Guarantees do not affect rights of warranty.
b) Transfer of Risk
The risk of accidental loss and deterioration of the purchased wares is transferred to the customer when the wares are transferred.
If the customer establishes that the outer packaging is damaged and/or establishes damage after receipt of the wares, he/she is asked to inform syskomp gehmeyr GmbH - emico immediately. However, this is not an obligation and failure to do so does not affect the customer’s rights of warranty.
d) Supplementary Performance
If the wares are defective, the customer can request supplementary performance either in the form of improvement or replacement. If defects are not rectified after two attempts, the customer may withdraw from the contract or request a reduction in payment.
e) Rights Concerning Considerable Defects
If the product has a significant defect, the customer has the right to a reduction of the purchase price under exclusion of their right of withdrawal.
f) Damage Compensation for Defects
There is no warranty for damages caused by improper handling or use. syskomp gehmeyr GmbH - emico only offers damage compensation for defects in the case of intent or gross negligence. This limitation does not affect liability for damages to life, body or health. Product Liability regulations also remain unaffected from these liability limitations.
g) Business Warranty
Contrary to statutory warranty regulations, the following applies to businesses: syskomp gehmeyr GmbH - emico shall provide supplementary performance in the form of either replacement or repair at its discretion if a product is defective. The risk of accidental deterioration or loss of the item is transferred to the customer once the order has been transferred to the delivery agent. Warranty claims expire within one year after this transfer of risk.
h) Business Obligation to Inspect
Businesses must declare any obvious defects immediately in writing; warranty claims shall otherwise not apply. Timely dispatch is sufficient to honour deadlines. The business is obliged to provide evidence for all claim requirements, especially the defect itself, the time the defect was established, and that the defect was declared in good time.
i) Warranty for Used Items
If the purchaser is a business, there is no warranty for used items. For consumer, there is a 1-year warranty for used items. This does not exclude liability for damages to life, body or health. Product Liability regulations also remain unaffected.
Information about the processing and use applications of the products sold by syskomp gehmeyr GmbH - emico, as well as technical advice and other entries, are provided to the best of our knowledge and belief. Liability limitations and reservations apply as outlined below.
b) Liability Limitation
syskomp gehmeyr GmbH - emico and its legal representatives and vicarious agents shall only be held liable for intent or gross negligence. If any cardinal obligations (obligations integral for the fulfilment of the contract) are affected, we shall also be held liable for slight negligence. However, liability shall be limited to the foreseeable, typical, direct average damages.
c) Liability Provisions
The above liability limitations do not affect liability for damages to life, body or health. Product Liability law also remain unaffected by these liability limitations.
§13 Final Provisions
a) Place of Jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract is agreed as the syskomp gehmeyr GmbH - emico head offices in Amberg insofar as the customer is a business, a legal entity under public law or a special fund under public law or insofar as the customer does not have a place of jurisdiction within Germany.
b) Applicable Law
Unless otherwise strictly required by the legal regulations of the customer’s residence, German law shall apply, with the exclusion of the UN Sales Convention.
c) Severability Clause
If individual provisions are ineffective, all other provisions in these general terms and conditions shall remain unaffected.