General Terms And Conditions
Terms and conditions of this online store.
1.1. These General Terms and Conditions ("GTC") apply to the entire business relationship between HifiPilot GmbH, Höhenstr. 7, 75239 Eisingen, Germany, (hereinafter "HIFI-Pilot") and the customer.
1.2. Conflicting or deviating from these terms and conditions does not recognize HIFI-Pilot, unless the validity of these terms and conditions is expressly agreed. This shall also apply if the customer submits or accepts the offer under the priority of his own terms and conditions.
1.3. These terms and conditions apply in the current version also for all future transactions with the customer. The current version of the Terms and Conditions is available on the Internet at any time.
2. Offers, conclusion of contract, form
2.1. The contract is concluded by the customer's confirmation of the order or the order confirmation by HIFI-Pilot.
2.2. A certain form, in particular written form, is not required.
2.3. Offers from HIFI-Pilot are non-binding unless otherwise stated. In the absence of any other provision, HIFI-Pilot is bound by fixed offers for two (2) weeks. Decisive is the time of the submission of the offer.
2.4. The customer is not granted ownership or rights of use in drawings, drafts, layouts, software and other materials and documents, which are handed over in the context of offers and contract negotiations. Disclosure to third parties requires the express consent of HIFI-Pilot.
3.1. The Contracting Parties shall appoint to each other contact persons who shall bindively vote on all matters relating to the implementation of the contract. In case of failure due to vacation, illness etc. replacement persons have to be named. Changes in the designated persons must be communicated to the parties without delay. Until such a notification has been received, the aforementioned contact persons shall be deemed to be entitled to make and receive statements within the scope of their previous power of representation.
3.2. The contact persons communicate regularly and in case of specific needs about progress and obstacles in the execution of the contract.
3.3. Through the exchange of information and the agreements of the contact person, HIFI-Pilot will create a confirmation to be sent to the customer. The confirmation is binding for the agreements of the parties, if the customer does not contradict immediately upon receipt.
4.1. The details of the services to be provided by HIFI-Pilot for the customer are set out in the service description within service and / or project contracts.
4.2. Without a separate agreement, HIFI-Pilot is not obligated to publish intermediate results, designs, layouts, source files, etc. that lead to the contractual performance.
4.3. HIFI-Pilot is entitled to partial services, insofar as these are reasonable for the customer.
5. Participation services
5.1. The customer supports HIFI-Pilot in fulfilling its contractual obligations. This includes, in particular, the timely provision of information, materials, data ("content") as well as hardware and software, insofar as the customer's cooperation services so require.
5.2. The content to be provided by the customer must be made available in a common, directly usable, digital format.
5.3. If the customer recognizes that his own information, requirements or contents are faulty, incomplete, ambiguous or unworkable, he must immediately notify HIFI-Pilot of this and the consequences that are identifiable to him.
5.4. Co-operation services of the customer, which are owed in the context of the contract, take place without special remuneration, unless it is expressly agreed otherwise.
6. Performance changes
6.1. If the customer wishes to change the contractually determined scope of the services, he will inform HIFI-Pilot in writing. This will examine the change request of the customer and its effects on the existing agreement. The exam is to be reimbursed with the usual hourly rate of HIFI-Pilot.
6.2. HIFI-Pilot informs the customer of the result of the test. In doing so, it will either make a detailed proposal for the implementation of the change request or explain why the change request is not feasible.
6.3. If the change is feasible according to the result of the assessment, the Parties will agree on the content of the proposal for the implementation of the change request. If an agreement is reached, the contract will be changed in this respect. If no agreement is reached, then it remains with the original scope of services.
6.4. Agreed dates are postponed, if and insofar as they are affected by the amendment procedure, taking into account the duration of the examination, the vote on the proposed amendment and, if applicable, the requests for modification plus a reasonable start-up period. HIFI-Pilot will inform the customer of the new dates.
6.5. If HIFI-Pilot wishes to change the contractually agreed scope of services, it will inform the customer in writing and submit a proposal for implementation in accordance with point 6.2. The further procedure is based on items 6.3 and 6.4. The expenses associated with drawing up the proposed amendment are borne by HIFI-Pilot.
7.1. Delays in performance due to circumstances in the customer's area of responsibility (such as non-timely provision of co-operation services) and force majeure (eg strike, lock-out, general disruptions of telecommunications) are not the responsibility of HIFI-Pilot. They entitle HIFI-Pilot to postpone the provision of the services in question for the duration of the hindrance plus a reasonable start-up time. HIFI-Pilot will notify the customer of performance delays due to force majeure.
7.2 If the assertion of rights of the customer presupposes the setting of an appropriate period of grace vis-à-vis HIFI-Pilot, this shall amount to at least two (2) weeks.
8.1. Subject to the full payment of the agreed remuneration for the services provided, HIFI-Pilot grants the customer the right to use the services for the purposes for which the contract is based in the contractually agreed scope. Unless otherwise agreed, use is restricted to the territory of Germany, Austria and Switzerland.
8.2. If the customer wishes to utilize works designed by HIFI-Pilot in whole or in part beyond the originally agreed purpose or scope, it is necessary to settle the usage rights for a separate fee agreement to be made in advance.
8.3. A transfer of the rights of use or the granting of sub-licenses is only permitted if it is expressly agreed or results from the purpose of the contract.
8.4. Without separate permission, the customer is not entitled to change or process the services provided. Changes and modifications that are necessary to achieve the purpose of the agreement are excluded.
8.5. The customer is obliged to name the finished work and its duplicates HIFI-Pilot.
8.6. Proposals of the customer or his other cooperation have no influence on the amount of the remuneration.
9.1. If shipping route and means of transport are not individually agreed, HIFI-Pilot can choose the cheapest option for the shipping route and means of transport. In this election, HIFI-Pilot will take into account the customer's interests, which are not immediately apparent.
9.2. If the customer requires a special packaging, he has to bear the resulting additional costs.
10. Third-party services
10.1. As a rule, HIFI-Pilot will order third-party services necessary for the fulfillment of the order in the name and for the account of the customer.
10.2. The customer is obliged to give HIFI-Pilot the necessary powers of attorney on request and to provide powers of attorney.
11.1. If a fixed remuneration has been agreed, then HIFI-Pilot is entitled to bill for self-contained and independently usable parts of the agreed service.
11.2. If the reimbursement is based on time expenditure, the respective valid remuneration rates of HIFI-Pilot are applicable in the absence of any other agreement.
11.3. In the absence of any agreement, the fee recommendations of the Bundesverband Digitale Wirtschaft (BVDW) e.V. in Düsseldorf apply.
11.4. All contractually agreed payments are inclusive of packaging and shipping and the applicable statutory sales tax.
11.5. If the remuneration is based on time, expenses, expenses and travel expenses incurred by HIFI-Pilot within the scope of the order shall be borne by the customer and will be charged at the cost price.
11.6. Unless otherwise agreed, quotations from HIFI-Pilot are non-binding. If it is anticipated that the actual cost will exceed HIFI Pilot's written estimate by more than fifteen (15) percent, HIFI Pilot will promptly inform the customer of the higher cost.
12. Terms of payment, right of retention, set-off
12.1. Unless otherwise expressly agreed, all services are to be paid cash and without discount.
12.2. Offsetting against counterclaims is only permitted if these are undisputed or legally binding. In addition, the customer can offset with a counter claim that has taken the place of his right of retention from this contractual relationship.
12.3. A right of retention of the customer exists only to a limited extent on the same contractual relationship and in the case of defects only in the amount of three times the expenses necessary for the elimination of the defects. The customer can exercise his right of retention but because of undisputed or legally established claims.
13. Claims for defects
13.1. The customer is entitled to supplementary performance in the case of defectiveness of a delivery. HIFI-Pilot is obliged to remedy the defect at its discretion by remedying the defect or delivering / manufacturing a new defect-free product. In the case of replacement, the customer is obliged to return the defective item.
13.2.If the supplementary performance fails, the customer may choose to reduce the price or withdraw from the contract without notice. This also applies if the company refuses subsequent performance or the supplementary performance is unreasonable for the customer.
13.3.The limitation period for claims for defects is one (1) year.
14.1. In the case of intent, HIFI-Pilot is liable without limitation. In cases of gross negligence and simple negligence in the violation of essential contractual obligations as well as claims for damages in lieu of performance, HIFI-Pilot is liable for typical, foreseeable damage. Incidentally, liability for slight negligence is excluded.
14.2. Liability arising from the assumption of a guarantee or a procurement risk, from delay, from damage to life, limb and health, under the Product Liability Act and mandatory statutory provisions remains unaffected.
14.3. The above regulations also apply to the personal liability of employees, representatives and vicarious agents.
14.4. The customer is liable according to the legal regulations.
15. Foreign content, domain name
15.1. For materials and contents provided by the customer, HIFI-Pilot is not responsible. HIFI-Pilot is not obliged to check the materials and contents for possible legal violations. However, it will inform the customer in due time of any obvious significant risks from his point of view.
15.2. In the event that HIFI-Pilot itself is used due to the materials and contents provided by the customer, the customer indemnifies and holds HIFI-Pilot harmless.
16. Retention of title
16.1. All physical services provided remain the property of HIFI-Pilot until full fulfillment of all claims of HIFI-Pilot from its business relationship with the customer, even if payments have been made for the specific service.
16.2. In the case of foreclosure measures, the customer must notify HIFI-Pilot immediately.
16.3. If the realizable value of the existing securities for HIFI-Pilot not only temporarily exceeds their claims by a total of more than ten (10) percent, then HIFI-Pilot will, at the request of the customer, release securities of the appropriate amount at its option.
17. Confidentiality, Referencing
17.1. The contracting parties agree on confidentiality regarding the content and the conditional structure of this contract and the knowledge gained during its execution.
17.2. Confidentiality also applies beyond the termination of the contractual relationship.
17.3. If required by a Party, the documents submitted by it shall be returned to it upon termination of the contractual relationship, unless the other Party can assert a legitimate interest in such documentation.
17.4. Press statements, information, etc., in which one contracting party refers to the other, are only permitted after prior written agreement - also by email. Nevertheless, HIFI-Pilot may cite the customer on its website or in other media as a reference customer and duplicate and disseminate the services provided as part of self-promotion and publicly reproduce and refer to them for demonstration purposes, unless the customer can do so asserting legitimate interest.
17.5. The customer is advised that email is an open medium. HIFI-Pilot assumes no liability for the confidentiality of emails. At the customer's request, communication can be conducted via other media.
18.1. HIFI-Pilot is entitled to save the data relating to the specific order and to process and use this data for operational purposes in accordance with statutory provisions.
18.2. Disclosure to third parties is permitted if and to the extent that this is the case, for example when registering domains or the like. - Subject of the contract.
19. Guarantee, warranty
19.1 In the case of defects in the goods, the customer has a statutory warranty right (warranty). For goods delivered by us, the statutory warranty period of 2 years applies. The period begins with the delivery of the goods.
19.2 HIFI-Pilot itself does not guarantee the products in our assortment. In addition, the customer may have claims against the product manufacturers from their warranty statements (manufacturer's warranties). The warranty periods of the manufacturer's warranties are z.T. considerably longer than the statutory warranty period. Guarantee commitments of the manufacturers do not establish a legal relationship with us, but only give the customer rights to the guarantor. But we are happy to assist in our service.
19.3 You can contact us for any warranty or warranty claim. For this you send the information either by email to firstname.lastname@example.org or contact our hotline on 07232 3640155.
19.4. The statutory warranty claims of the purchaser, in particular on subsequent performance and, if necessary, compensation for defects, remain with the purchaser in addition to the manufacturer's warranty without restriction.
20. Final provisions
20.1. Place of performance is the place of establishment of HIFI-Pilot, unless otherwise agreed.
20.2. The exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship as well as arising from its origin and effectiveness is Karlsruhe. This also applies to disputes arising from the contractual relationship documents, bills and checks. However, HIFI-Pilot has the right to use the customer in the court of residence or place of business.
20.3. For all legal issues arising from the order and its execution, German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
20.4. If for any reason one or more individual provisions of these terms and conditions be ineffective, this shall not affect the validity of the remaining provisions. Insofar as these GTCs have loopholes, they shall be filled by a provision which takes into account the economic purpose of the contract.