“TecAlliance” General Terms and Conditions

1. Scope of applicability

TecAlliance GmbH, Steinheilstr. 10, 85737 Ismaning, Germany, (hereinafter TECALLIANCE) operates the sales platform "TecAlliance Solutions" at the URL https://solutions.tecalliance.net/ where it offers third parties the option to order various products and services and to have these delivered on a regular basis.

For the business relationship between TECALLIANCE and the customer (hereinafter: Customer), exclusively the following terms and conditions apply, in their valid form at the time the order is placed. TECALLIANCE does not recognise any deviating conditions of the customer, unless expressly agreed to in writing between TECALLIANCE and the customer. In case of conflicting terms and conditions, these Terms and Conditions shall prevail.

2. Conclusion and Fulfilment of Contract

(1) TECALLIANCE concludes contracts only with entrepreneurs within the meaning of § 14 BGB, natural or legal persons, or partnerships with legal personality that are exercising a commercial or independent professional activity by entering into a business relationship with TECALLIANCE. Transactions with consumers within the meaning of § 13 BGB are excluded.

(2) Every order shall constitute an offer by the customer to TECALLIANCE to conclude a sales contract. After receipt of the order by TECALLIANCE, the customer receives an e-mail confirming the receipt of the order by TECALLIANCE and its details (order confirmation). This order confirmation does not constitute acceptance of the offer, but is only to inform the customer that its order has been received at TECALLIANCE.

(3) The purchase contract is concluded only upon fulfilment by TECALLIANCE, and is thus closed by delivering the goods.

3. Subscription

(1) Some items that are offered in TecAlliance GmbH’s online shop can be purchased on a subscription basis. The respective offers are described in the following. Our offer consists of an annual subscription with automatic renewal and no fixed term. This offer is available upon payment of an annual lump-sum fee (including all taxes), the amount of which is listed on the product’s detailed page. The amount of the fee may fluctuate between individual countries, depending on the currency in which payment is made and the applicable exchange rate. At the end of a 12-month term, the Customer’s subscription shall be automatically renewed for a further year, unless the Customer has cancelled his/her subscription at least 4 weeks prior to the end of the subscription period. Customers who have subscribed to this offer may cancel their subscription with TecAlliance GmbH by

- sending a “Cancellation of Subscription request” to Customer Service, or
- logging in to the https://solutions.tecalliance.net site and clicking on the “Subscription” button under “My account”, then clicking on the “Cancel subscription” tab, stating the reason for the cancellation, and finally clicking on “Confirm cancellation”.

The cancellation will become effective at the end of the subscription period for which the Customer has paid the last subscription fee. The Customer shall receive confirmation of cancellation by e-mail and may use the previously acquired product until the end of the subscription term.

4. Packaging, Shipping, Delivery

(1) Digital Products (eTickets) are supplied free of charge by electronic means (e-mail).

(2) For packaging and shipment of other products additional shipping costs may be incurred depending on the delivery address. These are indicated to the customer during the ordering process. Delivery is from the warehouse to the delivery address specified by the customer. A delivery can be composed of several packages. The dispatch may take place, where appropriate, from multiple storage locations.

(3) TECALLIANCE strives for immediate delivery. The customer will be notified immediately of any delays in delivery by e-mail or telephone.

(4) TECALLIANCE is liable for delays only when delivery periods are confirmed in writing and then only in cases where TECALLIANCE is at fault.

(5) In case of unavailability of the ordered goods, TECALLIANCE reserves the right to refrain from making delivery. Payments already made will be reimbursed immediately.

(6) If TECALLIANCE is unable to deliver the ordered goods through no fault of its own but because a supplier of TECALLIANCE did not fulfil its contractual obligations, TECALLIANCE is entitled to cancel the contract with the customer. In this case, the customer will be informed immediately that the ordered product is unavailable. The legal rights of the customer remain unaffected.

(7) If delivery to the customer is not possible because the customer is not present at the delivery address indicated, even though the delivery date has been announced to the customer reasonably ahead of time, the customer shall bear the costs of the unsuccessful delivery.

5. Retention of title, set-off

The delivered goods shall remain the property of TECALLIANCE until such time as payment has been made in full. If the Customer has resold the goods before payment has been made in full, his/her claims against the third-party buyer shall be deemed to have been assigned to TECALLIANCE.

6. Prices

The prices that are valid are those at the time of ordering. All prices are net retail prices in EUR excluding shipping costs.

7. Maturity and Payments

(1) The purchase price is due upon placement of the order by the customer. Payment is made via one of the payment methods offered in the ordering process. If the purchase price is not paid to TECALLIANCE within 14 days, TECALLIANCE reserves the right to cancel the order.

(2) The goods are shipped after receipt of full payment by TECALLIANCE. Purchase in instalments is not possible.

(3) The Customer shall authorise TecAlliance to debit the method of payment specified by him/her upon ordering the subscription with the corresponding amounts due for the ordered subscription for the ordered product. The Customer’s payment details shall be stored by TecAlliance’s payment service providers for the purpose of debiting the Customer’s bank account automatically at the time the subscription is renewed, provided the Customer has opted for the automatic renewal of his/her subscription, until such time as the subscription has been effectively cancelled in compliance with these GTCs. With the disclosure of information relating to the method of payment used by him/her, the Customer authorises the specified bank account to be debited and shall accept the transaction fees charged by his/her bank for the respective transaction. The Customer shall authorise the bank to pay the full amount (including VAT) of his/her order to TecAlliance. The price of the ordered subscription in the currency specified at the time the order was placed shall determine the amount to be debited. Prices do not include taxes and shall be invoiced on the basis of the VAT rate valid on the day the order was placed, subject to possible alterations. The amounts of the respective subscription orders shall be debited in euros or the currency shown on the order. In the course of the respective transaction, the Customer’s bank details shall be disclosed only to the bank and TecAlliance’s payment service provider.

8. Warranty/Liability

(1) The customer is obligated to report visible material, manufacturing or transport defects to TECALLIANCE immediately, at the latest however within two weeks of delivery of the goods.

(2) The statutory warranty rights apply.

(3) Further claims of the customer - for whatever legal reasons - are excluded. TECALLIANCE is not liable for damages that have not arisen in the delivery item itself; in particular, TECALLIANCE is not liable for lost profits or other financial damages to the customer. The exclusions and limitations of TECALLIANCE contractual liability also apply to the personal liability of its employees, representatives and agents.

(4) The above limitations shall not apply if the damage was caused by intent or gross negligence or resulted in personal injury. They also do not apply if the buyer makes legally regulated claims.

(5) Unless TECALLIANCE violated a contractual obligation, the obligation to pay damages is limited to typical damage.

(6) The assignment of claims under this provision shall be excluded.

9. Compensation, Retention

The customer has a right to compensation only if its counterclaims have been legally established or are undisputed by TECALLIANCE. In addition, it is entitled to exercise a right of retention only when its counterclaim is based on the same contractual relationship.

10. Data Protection

The customer can obtain details regarding the nature, extent, location, purpose of collection, processing and use of data for the execution of orders by TECALLIANCE at its website under http://solutions.tecalliance.net/datenschutz. A contract is only possible if the customer specifically agrees to the collection, processing and use of personal data listed under http://solutions.tecalliance.net/datenschutz.

11. Performance and Jurisdiction

German law applies. If the customer is a merchant or is domiciled outside of Germany, the TECALLIANCE headquarters shall have exclusive jurisdiction.

12. Changes to the General Terms and Conditions

TECALLIANCE reserves the right to amend these Terms and Conditions at any time with future effect.

13. Severability Clause

Should one of these regulations become invalid, the validity of the remaining provisions shall not be affected.

 

General Terms and Conditions updated on: 09. August 2016