Allgemeine Geschäftsbedingungen
General Terms and Conditions of ZeitControl cardsystems GmbH
Managing Director Wolfgang Salge (Status: 21.01.2015)
1. Scope of validity
The following provisions shall apply to all legal relationships between the Customer and the Company
ZeitControl cardsystems GmbH (hereinafter referred to as ZeitControl) based on a contract concluded
via the webshop www.zeitcontrol.de.
ZeitControl cardsystems GmbH
Managing Director Wolfgang Salge
Siedlerweg 39
32429 Minden
Mail: infomail@zeitcontrol.de
Tel: +49 571 505 22-0
Fax: +49 571 505 22-99
VAT ID: DE 162263010
Competent fiscal authority: Minden Local Inland Revenue
A customer within the meaning of the terms and conditions of business may be either a consumer or a
trader. The customer is deemed a consumer if he or she concludes the legal transaction in question for
a purpose which cannot primarily be attributed to either his or her commercial or freelance professional
activity. The Customer is, on the other hand, deemed a trader if, when concluding a transaction by way
of exercising its commercial or freelance professional activity, it acts as a natural or legal person or a
partnership vested with legal capacity.
The General Terms and Conditions of Business as amended shall apply as at the order date. Any
provisions deviating from these General Terms and Conditions of Business or any agreements
supplementing these terms and conditions shall only form part of the agreement if the application of
them has been expressly agreed in writing. Any statements on the part of the customer pointing out that
its terms and conditions of business or terms and conditions of purchase shall apply are hereby
expressly excluded.
2. Conclusion of the agreement
Exclusively German and English shall be available as contractual languages for the agreement.
The presentation of goods in the web shop does not constitute a legally binding offer to conclude a
sales contract. The Customer is only invited, on its part, by such presentation of goods, to submit an
offer to conclude a sales contract by placing an order.
a.
In the case of orders placed by the Customer over the Internet via the web shop www.ZeitControl.de,
the Customer makes an valid and binding offer vis-à-vis ZeitControl cardsystems GmbH to conclude a
sales contract. Receipt of the Customer's order shall be acknowledged together with the acceptance of
the order by way of an automated e-mail immediately after the order is submitted. With this
acknowledgement e-mail (acknowledgement of the agreement) the contract materialises.
In that respect, orders are processed as follows.
Once the Customer has selected an item and the desired quantity of items, he or she can place it in the
shopping cart by clicking the corresponding button ("Add to Cart") using the left mouse button. The
Customer may subsequently select further items from the shop and add them to the cart or view the
content of their shopping cart by clicking “View cart”. By clicking the "Shopping Cart" button, the
Customer can view his or her selected items at any time and correct any input errors, as well as the
quantity specified by editing or overwriting the information in the appropriate input field. By clicking a
cancellation field located at the bottom left corner of the respective goods' screen section, solely
intended for that purpose, the Customer may remove the respective item from the shopping cart.
Once all the desired items have been placed in the shopping cart, the Customer may continue with the
order by clicking the "Continue to order" button. On the following page, the Customer may either, with
one click of the left mouse button on the "Login" button, sign in as an existing customer using his e-mail
address and password or create a new account. The Customer also has the option of placing an order
without registering
In the "Create new customer account" dialogue that the Customer can select by clicking once "Create
new customer account" using the left mouse button, the Customer may create a user account. For this
purpose, the Customer needs to enter his or her Christian names and surname, further details and email
address in the respective input fields intended for that purpose and choose a password. The
customer can confirm his or her details by clicking the "Submit customer data" button using the left
mouse button. The address data provided in the process is also stored as a billing address.
If the Customer has selected the option of ordering without registering by clicking the "Order without
registering" button using the left mouse button, the Customer can then provide his or her billing
address. The Customer may proceed with the order by clicking the "Submit customer data" button using
the left mouse button.
On the next page the Customer has the option of either selecting his or her billing address as the
shipping address, by ticking the appropriate box, or creating a new shipping address. The Customer
may proceed with his or her order by clicking the "Proceed to checkout" button using the left mouse
button.
The Customer may then, by clicking the respective check box, select the shipping option of his or her
choice. The Customer will be notified of the shipping and handling charges in the process. The
Customer can proceed with the ordering process by clicking the "Proceed to checkout" button using the
left mouse button.
On the next page, the Customer may select his or her desired method of payment (cf. Clause 7 of these
General Terms and Conditions of Business) by ticking the respective check box intended for that
purpose and confirming the latter by clicking the "Proceed to checkout" button.
The following page provides an overview of the goods selected by the Customer, along with the costs
incurred thereby and the method of payment and mode of shipment chosen, as well as his or her billing
and shipping addresses. The Customer may modify the respective data by clicking on the "Modify
billing address", "Modify shipping address", "Modify choice of mode of shipment" or "Modify choice of
method of payment" button. The Customer may leave a comment on the order in a comments box
provided for that purpose. The comments box exclusively serves the purpose of submitting proposals
for improvement and suggestions. No comment submitted will ever form an integral component of the
agreement. At this point the Customer also has the option of reviewing the General Terms and
Conditions of Business and the information on revocation of ZeitControl, and, by ticking the appropriate
box, can agree to the General Terms and Conditions of Business and acknowledge having understood
the information on revocation. By clicking the word "Read" with the left mouse button, the Customer can
access the General Terms and Conditions of Business and the information on revocation. Until this
point in time the Customer can still modify or cancel the order. Any modification (e.g. to correct incorrect
input details) can be made by clicking on the "Back" button in the relevant area of the web browser and
editing or overwriting the details on the respective sub-page in the form fields provided. The ordering
process can be aborted by closing the browser window. To conclude the ordering process, the
Customer needs to click the "Buy bindingly" button, submitting his or her binding offer to conclude a
sales contract this way.
After that the Customer shall receive the acknowledgement of the agreement so concluded, as well as
a notification on the status of his or her order and ZeitControl's bank details. ZeitControl simultaneously
accepts the Customer's offer to conclude a sales contract. The text of the agreement will be saved by
ZeitControl. The acknowledgement of the agreement will also be re-sent to the Customer by ZeitControl
upon the Customer's request.
Should an order include a delivery to a third party, unless anything to the contrary has explicitly been
agreed in writing the Customer shall be deemed the principal.
The acknowledgement of the agreement notifies the Customer by e-mail that his or her order has been
received by ZeitControl, and in there, reference is made to the delivery time (cf. Clause 5 of these
General Terms and Conditions of Business), the text of the agreement and any information required to
process the order.
The Customer can infer the contractual provisions, along with the information on revocation and
General Terms and Conditions of Business, from the acknowledgement of the agreement, and also
save or print out the latter. The underlying General Terms and Conditions of Business can be viewed
both before the agreement is concluded and during the process of concluding it, using the "General
Terms and Conditions of Business and information on revocation" link, and also saved in a reproducible
and printable form.
b.
When placing an order using the "International order form" (which the Customer can access by clicking
the "International Order form" button using the left mouse button), the Customer submits a binding offer
to ZeitControl to conclude a sales contract. The acknowledgement of receipt of the Customer's order is
sent to the Customer along with the acceptance of the order once the International Order Form has
been transmitted by e-mail. With this acknowledgement e-mail (acknowledgement of the agreement)
the contract materialises.
In that respect, orders are processed as follows. Once the Customer has selected an item, he or she
can access the International Order Form by clicking the "International order form" button using the left
mouse button.
The Customer can fill in the International Order Form on the next page. This means that the Customer
has to select the quantity of the desired item and the shipping options, and also specify his or her
address and payment details.
The customer can leave a comment on the order in a separate form field. The comments box is only
intended for submitting proposals for improvements and suggestions. No comment submitted will ever
form an integral component of the agreement.
Until this point in time the Customer can still modify or cancel the order. Any modification (e.g. to correct
incorrect input details) can be made by clicking on the "Back" Button in the relevant area of the web
browser and editing or overwriting the details on the respective sub-page in the form fields provided.
The ordering process can be aborted by closing the browser window. To complete the order, the
Customer needs to submit a binding offer to conclude a sales contract by clicking the "Submit order"
button.
The Customer will then receive the order acknowledgement.
The acknowledgement of the agreement notifies the Customer by e-mail that his or her order has been
received by ZeitControl, and in there, reference is made to the delivery time (cf. Clause 5 of these
General Terms and Conditions of Business), the text of the agreement and any information required to
process the order.
The Customer can infer the contractual provisions, along with the information on revocation and
General Terms and Conditions of Business, from the acknowledgement of the agreement, and also
save or print out the latter. The underlying General Terms and Conditions of Business can be viewed
both before the agreement is concluded and during the process of concluding it using the "General
Terms and Conditions of Business and information on revocation" link, and also saved in a reproducible
and printable form.
3. Prices and shipping and handling charges
All prices and conditions listed constitute overall prices, and include the statutory German VAT and any
other duties and/or price components. The prices quoted do not include any delivery costs or shipping
and handling charges. Any ambiguities in regard to the shipping and handling charges shall be covered
by ZeitControl, so that always only the lower amount of shipping and handling charges needs to be paid
by the Customer. The delivery costs or shipping and handling charges listed shall only apply within the
delivery areas specified in the web shop.
4. Reservation of the right of modification, non-availability
Should the Customer be a trader, the agreement is concluded subject to the reservation of not being
obliged to deliver or only making a partial delivery if ZeitControl GmbH does not receive correct
deliveries or deliveries in proper form from its own suppliers. The latter shall only apply if such nondelivery
is not ZeitControl's fault. In the event of the goods ordered not being available, or being only
partially available, a Customer who is a trader will be informed immediately, and the Customer will be
reimbursed the purchase price for the unavailable item(s) without delay.
Any details regarding the weight and/or measures detailed in the product description, as well as any
descriptions, drawings and/or illustrations, constitute approximate values in line with the industry
standard and not a guarantee of such properties.
5. Delivery, passing of risk
The goods will be delivered to the Customer by a third party provider (logistics partner). Unless
anything to the contrary has been agreed, the goods will be delivered on the terms and conditions of
delivery and service of ZeitControl.
The delivery time required for the goods can be inferred from the respective product page in the web
shop. The delivery time specified shall mean the date on which the order is shipped (if advance
payment is being made, only once the full purchase price and shipping and handling charges have
been paid).
Unless anything to the contrary has explicitly been agreed, the mode of shipment shall be chosen by
ZeitControl.
As long as no substantial disadvantages are incurred to the Customer and delivery of the complete
order is not adversely affected, ZeitControl may also deliver in partial shipments. Any rights arising from
Sec. 320 German Civil Code (BGB) shall not be affected thereby.. If partial deliveries are made,
shipping and handling charges are only applied once.
Deliveries will only be made within the areas listed in the webshop.
Should the Customer be a trader, in the event of a sales contract involving the carriage of goods the
risk of accidental destruction and accidental deterioration of the item sold shall pass to the Customer
upon the item being handed over to the logistics partner.
6. Retention of title
Until such time as payment has been made in full, the goods shall remain the property of ZeitControl.
7. Terms of payment and execution of the purchase transaction
Payment may be made in advance (by bank transfer), or by Saferpay, PayPal or cash on delivery.
COD charges will be shown by ZeitControl in the ordering process before the Customer places an
order.
If payment is made in advance (by bank transfer), the amount shall be due for payment without any
deduction no later than seven days after the acknowledgement of the agreement, which comes with a
payment schedule, has been delivered. The date on which the payment is received by ZeitControl shall
be pertinent. In the event of a delay, the statutory provisions shall apply.
Should the Customer select the advance payment method, ZeitControl will let the Customer know the
necessary bank details in the agreement confirmation, and shall prepare the goods for the logistics
partner in line with the provision outlined in Clause 5 of the General Terms and Conditions of Business,
subject to payment being received.
8. Return charges in the event of cancellation
The Customer shall bear the direct costs of the return of the goods.
9. Warranty, guarantee and liability provisions, complaints
Statutory warranty claims/rights in regard to liability for defects
The statutory warranty and liability provisions apply. Should the Customer be a consumer, the warranty
period shall amount to two years. Should the Customer be a trader, a warranty period of one year as
from delivery of the goods shall apply. The statutory periods of limitation in regard to the right of
recourse under Sec. 478 German Civil Code (BGB) shall not be affected thereby.
No customer service exists within the meaning of Art. 246a(1)()1(9) Introductory Act to the German Civil
Code (EGBGB). No customer services in this sense are provided.
A warranty is explicitly not assumed by ZeitControl.
The Customer may file any objections or warranty claims with ZeitControl cardsystems GmbH, e-mail:
infomail@ZeitControl.de, Tel: +49 571 505 22-0, Fax: +49 571 505 22-99.
The Customer may file any other complaints either verbally, by telephone and/or in writing with
ZeitControl cardsystems GmbH, Siedlerweg 39, 32429 Minden, e-mail: infomail@zeitcontrol.de, Tel:
+49 571 505 22-0, Fax: +49 571 505 22-99. When handling complaints, ZeitControl will apply the
necessary professional care. ZeitControl guarantees prompt processing of complaints.
10. Customer information
There is no special code of conduct not detailed in the General Terms and Conditions of Business to
which ZeitControl submits.
The essential features of the goods offered by ZeitControl are listed on the respective web page with
the product description of ZeitControl's web shop.
The Customer only needs to compensate ZeitControl for any diminished value of the items if such
diminished value is not attributable to checking the quality, properties and functioning of the goods .
11. Copyrights and rights of use
ZeitControl shall retain ownership and the corresponding copyrights in any drawings, the complete
software and any other documents. The drawings, the complete software and any other documents
may not be made accessible to a third party or used by such without ZeitControl's explicit written
approval.
ZeitControl grants the Customer a non-exclusive right of use in the software without limitation of time.
The right of use shall be exclusively limited to use within the usual scope. Normal use shall include the
installation of the software and making back-ups, within the scope of the usual data back-up measures,
as well as loading the software into the RAM and running it. No other use is permitted. The Customer
may not engage in any type of use going beyond the latter. The Customer shall in particular not be
entitled to print out the program's source code.
The Customer is already at this point granted permission to assign the aforementioned rights in the
software to a third party if the assignment is made together with the goods sold, for which the software
is intended, and the third party has explicitly agreed vis-à-vis ZeitControl prior to the assignment that
the provisions contained in Clause 11 also apply to him or her.
12. Place of fulfilment, place of jurisdiction
Should the customer be a merchant, a legal entity or a special fund under public law, the place of
fulfilment and place of jurisdiction for any disputes arising from the contractual relationship - also in the
case of proceedings involving disputes regarding cheques and bills of exchange, shall be the Court
having jurisdiction over ZeitControl's registered office.
13. Applicable law
The law of the Federal Republic of Germany shall apply to the contractual relations between ZeitControl
and the Customer. Should the Customer be a consumer, and should he or she not be signing the
agreement for professional or commercial purposes, the law of the Federal Republic of Germany shall
only apply to the extent that the protection granted is not withdrawn through compulsory regulations of
the law of the state in which the consumer has his or her usual place of residence. The application of
the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be
excluded.
