Conditions

Terms of Service

Overview

  1. Scope / inclusion
  2. contracting party
  3. Offer and conclusion of contract
  4. treaty text
  5. Withdrawal
  6. Prices, shipping costs and payment
  7. delivery
  8. Subject to change
  9. Retention of title
  10. warranty
  11. Transfer of Risk
  12. Taking Delivery
  13. liability
  14. Place of performance / choice of law / place of jurisdiction
  15. data protection
  16. copyrights
  17. Contract changes / written form clause
  18. Colliding conditions
  19. Severability clause
  1. Scope / inclusion
    1. The general terms and conditions of sale apply to all declarations of intent and acts similar to legal transactions in connection with the conclusion and execution of supply and service contracts between LEBERT Software Engineering GmbH & Co. KG and its customers.
    2. The general terms and conditions of sale are raised to an integral part of the contract by express agreement or - if an express agreement is only possible with disproportionate difficulties due to the nature of the contract and the customer agrees to their validity - by concluding the respective purchase contract. If a customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the general terms and conditions of sale also apply to all future business transactions without the need for a new inclusion agreement.
  1. contracting party

    The purchase contract is concluded with:

    LEBERT Software Engineering GmbH & Co. KG

    Maybachstr. 15
    63456 Hanau
    HRA 92829
    VAT ID: DE

    Personally liable partner:
    LEBERT Verwaltungs GmbH
    Owner: Dipl.Inf. Hans Jörg Lebert

    You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 6:00 p.m. on telephone number +49 6181 96942-0 or by e-mail at info@efai.info.

  1. Offer and conclusion of contract
    1. All publicly submitted or publicly available offers from LEBERT Software Engineering GmbH & Co. KG are subject to change and non-binding. LEBERT Software Engineering GmbH & Co.KG is bound to individual offers to individual customers for 10 days after they have been created.
    2. By clicking the button “Send order” in the last step of the ordering process, you place a binding order for the goods contained in the shopping cart. The purchase contract is concluded when we accept your order by sending an order confirmation by email immediately after receiving your order.
  1. treaty text

    The contract text is stored on our internal systems. You can view the general terms and conditions at any time on this page. The order data and the terms and conditions will be sent to you by email. After completing the order, the contract text is no longer accessible on the Internet for security reasons.
  1. Right of withdrawal Consumers (§ 13 BGB) have a statutory right of withdrawal.

    Right of withdrawal:

    Insofar as you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you can submit your contract declaration within two weeks within one month, provided that you have been informed of this instruction only after the contract has been concluded, without stating reasons in writing (e.g. letter, fax, email) ) or by returning the goods. The period does not begin until you have been informed of the legal information obligations in text form; when delivering goods not before the day of their receipt. To meet the cancellation deadline, it is sufficient to send the cancellation or the goods in good time. The revocation must be sent to:
    LEBERT Software Engineering GmbH & Co. KG
    Maybachstr. 15
    63456 Hanau

    E-mail: info@efai.info
    Fax: +49 6181 96942-19

    Returns:

    In the event of an effective cancellation, the mutually received services must be returned and any benefits drawn (e.g. interest) surrendered. In principle, a return can only be carried out for goods in the original packaging with complete accessories. All delivered items must be returned. If you are unable to return the received performance in whole or in part or only in a deteriorated condition, you may have to compensate us. This does not apply to the surrender of goods if the deterioration of the goods is solely due to their inspection - as you would have been able to do in a retail store. You can also avoid the obligation to pay compensation by not using the item as if it were your property and by refraining from doing anything that could impair its value. Transportable items are to be sent back. You have to bear the costs of the return if the delivered goods correspond to the ordered ones and if the order value does not exceed an amount of EUR 40.00 or if you have not yet made the consideration or a contractually agreed partial payment for a higher order value at the time of the cancellation to have. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. You must fulfill obligations to reimburse payments within 30 days of sending your cancellation notice.

    Special instructions:

    The right of withdrawal or return is excluded

    • if in the case of services we have started to perform the service with your express consent before the end of the cancellation period or you have arranged this yourself.
    • in the case of delivery of goods which are manufactured on the basis of your specifications or which are clearly tailored to your personal needs, or which, due to their nature, are not suitable for a return or whose expiry date has passed.
    • for deliveries of audio or video recordings or software, provided that the data carriers supplied have been unsealed by you.

    End of revocation

  1. Prices, shipping costs and payment
    1. All agreed prices are fixed prices. Unless otherwise expressly agreed, the prices are understood to be plus the value added tax applicable at the time the contract was concluded, plus the costs for packaging, insurance and shipping.
    2. Special additional work beyond the contractually included services and included in the purchase price (e.g. commissioning work on site, installation of software) will be charged additionally and must be paid at the latest when the work is completed.
    3. LEBERT Software Engineering GmbH & Co.KG is entitled to pass on interim cost increases (in particular price increases for upstream suppliers and shippers) for deliveries that are to be made later than four months after the conclusion of the contract by means of corresponding price increases to the affected customers. If such a price increase exceeds 5% of the originally agreed price, the customer can withdraw from the contract or terminate it within one week of notification.
    4. Unless expressly agreed otherwise, payment is made at the choice of LEBERT Software Engineering GmbH & Co. KG against prepayment, cash on delivery, invoice, transfer, direct debit or credit card. When the customer picks up the goods, payment is made step by step against delivery of the goods. If a later payment has been expressly agreed, this is due within two weeks of receipt of the invoice without further payment request.
    5. Unless the customer expressly makes any other provision, the customer's payments are to be offset against LEBERT Software Engineering GmbH & Co. KG's claims that arose earlier and then later, without prejudice to § 367 BGB.
    6. If the customer defaults on payment, LEBERT Software Engineering GmbH & Co. KG is entitled to charge interest on arrears in the amount of 5% (for entrepreneurs: 8%) above the applicable base rate from the start of the delay. The right to assert further damage remains unaffected.
    7. The customer is only entitled to offset or withhold payment against claims of LEBERT Software Engineering GmbH & Co. KG if the customer's claims are undisputed or have been legally established.
    8. The shipping costs depend on the amount of goods ordered and the type of shipping and will be clearly communicated to you before you place your binding order. You can find an overview on the shipping page.
  1. delivery
    1. The delivery time is usually 3 working days. We point out any deviating delivery times on the respective product page.
    2. Partial deliveries and services are permitted. Insofar as partial deliveries and services relate to a contractually designated item, they are considered to be an independent delivery or service.
    3. Unless otherwise agreed delivery dates have been agreed in writing, delivery will be made by LEBERT Software Engineering GmbH & Co.KG no later than 30 days after the conclusion of the contract, with agreed advance payment within 30 days after receipt of payment. If LEBERT Software Engineering GmbH & Co.KG cannot meet this delivery deadline, the customer of LEBERT Software Engineering GmbH & Co.KG has a reasonable subsequent delivery deadline, starting from the day of receipt of the written notice of default or, in the case of a calendar-specific delivery deadline, with its expiry, to put. If LEBERT Software Engineering GmbH & Co. KG does not deliver by the expiry of the grace period, the customer can withdraw from the contract. In this case, LEBERT Software Engineering GmbH & Co. KG will reimburse all payments already received; Further claims of the customer against LEBERT Software Engineering GmbH & Co. KG are excluded with the exception of claims due to willful or grossly negligent breach of duty.
    4. LEBERT Software Engineering GmbH & Co.KG is released from its delivery obligation if the manufacturer has discontinued the production of the ordered goods, it is permanently impossible to deliver it through no fault of its own or if there are cases of force majeure, provided these circumstances only occurred after the contract was concluded. LEBERT Software Engineering GmbH & Co. KG will immediately inform the customer of the above-mentioned circumstances and immediately reimburse any payments already received; Further claims by the customer against LEBERT Software Engineering GmbH & Co. KG are excluded.
  1. Subject to change
    1. Until delivery to the customer, LEBERT Software Engineering GmbH & Co.KG alone is entitled to unilaterally determine the contractually owed object (s) from among several similar and equivalent objects.
    2. If the customer has ordered a certain item or has LEBERT Software Engineering GmbH & Co. KG according to para. 4.1 If you exercise your right of determination, LEBERT Software Engineering GmbH & Co.KG can deliver another similar and equivalent item instead of the owed item, provided this is reasonable for the customer, taking into account the interests of LEBERT Software Engineering GmbH & Co.KG. ,
    3. Used items are considered to be of the same type and equivalent, provided that they - regardless of their external appearance - come from the same manufacturer and meet the contractually agreed technical requirements.
  1. Retention of title
    1. All delivered items remain the property of LEBERT Software Engineering GmbH & Co. KG until all of the customer's liabilities from the business relationship have been paid in full. Resale, pledging or transfer by way of security of these items requires the prior written consent of LEBERT Software Engineering GmbH & Co. KG.
    2. Notwithstanding para. 9.1 The customer remains entitled to resell the delivered items in the ordinary course of business without the express consent of LEBERT Software Engineering GmbH & Co. KG. The claims arising from such a resale are herewith assigned to the accepting LEBERT Software Engineering GmbH & Co. KG as a precaution.
    3. In the event of a seizure, the customer is obliged to notify LEBERT Software Engineering GmbH & Co. KG of the seizure immediately so that it can intervene against the attachment of the objects subject to retention of title. The customer bears the cost of such an intervention.
    4. The customer must treat the goods subject to retention of title with care.
    5. LEBERT Software Engineering GmbH & Co. KG is entitled to exercise its right of ownership, its purchase price and wages, as well as the 9.2 to assign assigned claims to third parties as a precaution.
    6. The customer must insure all items subject to retention of title at his own expense against theft, fire and water damage. In the event of an insured event, he hereby assigns his claims against the insurer liable to pay to LEBERT Software Engineering GmbH & Co. KG, which accepts this.
  1. warranty
    1. LEBERT Software Engineering GmbH & Co. KG guarantees the items sold exclusively in accordance with the provisions below.
    2. Guarantee for new items
      1. Insofar as the defect does not relate to the purchase of consumer goods, the customer is initially only entitled to subsequent performance when purchasing new items. LEBERT Software Engineering GmbH & Co. KG can fulfill this claim with regard to the type of supplementary performance at its own discretion by eliminating the defect or by delivering a defect-free item. The customer has to set LEBERT Software Engineering GmbH & Co. KG a reasonable grace period of at least one week for subsequent performance. If the subsequent performance fails or is refused by LEBERT Software Engineering GmbH & Co. KG, the customer is entitled to reduce the purchase price or to withdraw from the contract. In this case, the parts or exchanged goods replaced for the purpose of remedying the defect must be returned to LEBERT Software Engineering GmbH & Co. KG; the customer must also pay compensation for any use that is made.
      2. In the event of rectification, the customer is obliged to keep the object in question ready for rectification on site. If rectification is not possible there and transport to LEBERT Software Engineering GmbH & Co. KG or to the manufacturer of the item is necessary, the customer is obliged to collect the items from LEBERT Software Engineering GmbH & Co. KG or the consignor named by the latter to provide. The same applies in the case of a replacement delivery.
      3. The warranty period begins with the delivery of the item to the customer and is one year from this point in time. In the event that it is a purchase of consumer goods, the warranty period is two years.
    3. Warranty for used items
      1. In the event of delivery of used items in accordance with the agreement, warranty claims for defects in the purchased item as well as claims for damages due to defects in the purchased item are excluded, unless LEBERT Software Engineering GmbH & Co.KG has maliciously concealed the defect or expressly assumed a guarantee for the quality of the item , Used items in this sense are also items that have been revised and renewed by LEBERT Software Engineering GmbH & Co. KG.
      2. Insofar as a guarantee has been expressly agreed or according to para. 8.3.1 is to be paid, the warranty period is two weeks from delivery to the customer. In the event that it is a purchase of consumer goods, the warranty period deviating from sentence 1 is always one year.
    4. Common provisions for new and used items
      1. Obvious defects are without prejudice to the obligations in accordance with para. 8.4.2 to be reported to LEBERT Software Engineering GmbH & Co. KG in writing at the latest within a period of 14 days after delivery. Externally visible damage to the transport packaging must be noted on the sender's receipt and notified to LEBERT Software Engineering GmbH & Co. KG within 48 hours of discovery. If the customer does not meet these obligations, there are no warranty claims.
      2. A legally more extensive obligation to inspect and give notice of defects according to §§ 377 f. HGB remains unaffected. As far as the customer is personally affected by these regulations, the notice of defects must be made at the latest 48 hours after discovery of the defect with a concrete description of the same.
      3. The warranty does not extend to damage that occurs after delivery to the customer due to excessive wear, moisture, excessive space heating, other temperature and weather influences, inadequate maintenance or improper handling. An improper treatment is in particular an intervention in hardware and / or software by the customer himself or by persons who have not been expressly authorized for this by LEBERT Software Engineering GmbH & Co. KG. The warranty is also excluded for defects that are caused by the use of unsuitable accessories, unless LEBERT Software Engineering GmbH & Co. KG is responsible for these effects. Warranty claims also do not exist for wear parts or consequential damage of any kind. LEBERT Software Engineering GmbH & Co. KG also assumes neither hardware nor software guarantees for compatibility problems on the part of manufacturers other than those of the delivered items.
  1. Transfer of Risk

    The risk of loss, damage and deterioration of the purchased item passes to the customer when the seller sells the sold item.
  1. Taking Delivery
    1. If the customer refuses to accept the ordered item or if he expressly declares that he does not want to accept it before delivery, the seller is entitled to demand compensation.
    2. LEBERT Software Engineering GmbH & Co.KG 20 % can demand compensation for the agreed price without deduction, provided that the buyer does not prove that the damage did not occur at all or only to a small extent. For the rest, LEBERT Software Engineering GmbH & Co. KG reserves the right to claim evidence of higher damage, such as for custom-made products.
    3. If the customer is in arrears with the acceptance of the ordered item or if he does not take delivery at the latest 30 days after the agreed delivery date, LEBERT Software Engineering GmbH & Co.KG can charge 0.5 % per month - at least however EUR 40 - but a maximum of 15 Calculate % from the agreed price for the storage of the goods. The customer is free to prove in individual cases that storage costs have not been incurred or have not been incurred in this amount.
  1. liability
    1. Claims for damages by the customer due to breach of duty are excluded regardless of the legal basis, in particular due to impossibility, delay, breach of contractual secondary obligations, defective performance, other obligations from the contractual relationship and tort. Sentence 1 does not apply:
      1. for damage from injury to life, limb or health, as well as for other damage based on an intentional or negligent breach of duty by LEBERT Software Engineering GmbH & Co. KG, one of its legal representatives or one of its vicarious agents,
      2. for other damages based on an intentional or grossly negligent breach of duty by LEBERT Software Engineering GmbH & Co. KG, one of its legal representatives or one of its vicarious agents, as well as
      3. for all damages that are based on the culpable violation of a contractual main performance obligation by LEBERT Software Engineering GmbH & Co. KG, one of its legal representatives or one of its vicarious agents.
    2. In cases where LEBERT Software Engineering GmbH & Co. KG is obliged to pay compensation, the amount of liability is limited to the replacement of the typically foreseeable damage. Insofar as the liability has been excluded or limited above, this also applies to the personal liability of the employees, workers, employees, representatives and vicarious agents. If the customer requests compensation instead of performance instead of performance from LEBERT Software Engineering GmbH & Co. KG, the expenses that he made in trust in receiving the delivery or service (§ 284 BGB), these expenses are the amount of such expenses limited that a reasonable third party would have done.
  1. Place of performance / choice of law / place of jurisdiction
    1. The place of performance for all obligations from the concluded contracts is Hanau.
    2. Regardless of the domicile or place of residence and the nationality of the customer, the exclusive validity of the law of the Federal Republic of Germany is agreed. The application of the UN sales law is excluded.
    3. If the customer is a merchant within the meaning of the German Commercial Code, Hanau is agreed as the place of jurisdiction for all disputes in connection with the concluded contract.
  1. data protection

    LEBERT Software Engineering GmbH & Co. KG uses the data provided by the customer, such as name, address or telecommunications data, only for the purpose of processing an order or for other contractual relationships with the customer.
  1. copyrights

    For all documents provided to the customer in connection with the placing or processing of an order, in particular drawings and software programs created by LEBERT Software Engineering GmbH & Co. KG, the copyright remains with LEBERT Software Engineering GmbH & Co. KG. In this respect, the customer is only granted a non-exclusive right of use upon conclusion of the delivery or service contract.
  1. Contract changes / written form clause

    Additional, supplementary or deviating agreements have to be made in writing. This written form requirement can also only be changed in writing.
  1. Colliding conditions
    1. General terms and conditions of the customer, which contradict or supplement these general terms and conditions of sale, only become part of the contract insofar as LEBERT Software Engineering GmbH & Co. KG has given their express consent.
    2. If due to conflicting terms and conditions (the) additional application of dispositional legal provisions, the retention of title according to para. 9.1 unaffected by this.
  1. Severability clause

    Should one or more provisions of these general sales conditions be or become invalid, both the contract and the general sales conditions remain effective. The customer and LEBERT Software Engineering GmbH & Co. KG undertake to replace the corresponding provision with regulations that economically correspond to the purpose of the contract.