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 [at] 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 [at] 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 [at] 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.

 

14. Information Online Dispute Resolution

The online dispute resolution platform ("ODR platform") as a contact point for consumers and entrepreneurs who wish to settle disputes resulting out of online closed legal transactions, can be contacted at the following link: http://ec.europa.eu/consumers/odr.