asknet AG General Terms and Conditions

As of: 28.03.2017

Part 1: General information

Section 1 Scope

(1)    These Terms and Conditions apply to software license agreements, license agreements, contracts for the acquisition of hardware (possibly in combination with software), contracts of sale of other products and for the purchase of services between asknet AG and the customer, both with respect to consumers and entrepreneurs alike. Regulations that apply exclusively to consumers or entrepreneurs are explicitly identified as such.

(2)    In accordance with Section 13 BGB (German Civil Code), a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed predominantly to their commercial nor their independent professional activity.

(3)    In accordance with Section 14 BGB, an entrepreneur is a natural person or legal entity or a legal partnership which, in concluding a legal transaction, exercises its commercial or independent professional activity.

 

Section 2 Copyright protection of the T&Cs

asknet AG T&Cs are subject to copyright protection. The customer may however save them in reproducible form and/or print them out.

 

Section 3 Information on the identity of asknet

(1)    The contractual party of the customer is asknet AG, Vincenz-Priessnitz-Str. 3, 76131 Karlsruhe, Germany, Tel. +49-721-96458-0, Fax +49-721-96458-99, Email: info@asknet.com.

(2)    asknet AG is represented by Tobias Kaulfuß.

(3)    There are no representations in other EU member states.

 

Section 4 Information on the article

(1)    The essential characteristics of the goods and services are listed in the description of each article.

(2)    Where software has been provided, delivery is limited to the object code (executable form) with the documentation, installation and usage instructions provided by the manufacturer, where applicable. If the delivery is provided via download, no physical data carriers or documentation or manufacturer's instructions in paper form are supplied and are also not owed. The customer is not entitled to transfer the source code.

 

Section 5 Information on Dispute Resolution before Consumer Arbitration Boards and Complaints Handling

(1)    asknet AG is not obliged, and does not agree, to take part in dispute resolution proceedings before Consumer Arbitration Boards.

(2)    In the event of a complaint, please send an email to info@asknet.com.

 

Section 6 Warranty rights, warranties and liability

(1)    Statutory warranty rights apply to all goods in the shop of asknet AG.

(2)    With regard to limitation of liability, the following applies:

a)    In the case of intent or gross negligence and lack of a guaranteed property, the vendor has unlimited liability for any damage arising therefrom.

b)    In the case of slight negligence, the vendor has unlimited liability in the event of injury to life, body or health. Should the vendor be in default in its performance due to slight negligence, should performance become impossible or should the vendor breach a material obligation, liability for the resultant property damage and financial loss is limited to the foreseeable damage typical to the contract. A material obligation is an obligation whose fulfilment makes the proper execution of the contract possible, the breach of which endangers the purpose of the contract and on whose compliance the contracting partner may regularly rely.

c)    The liability for all other damages is excluded, whereby liability under product liability law remains unaffected.

d)    The objection of contributory negligence remains available to asknet AG. The customer is however responsible for regularly backing up data. In the event of loss of data caused by asknet AG, asknet AG is therefore liable only for the cost of copying the data for the backup copies which are to be made by the customer and for the restoration of the data that would have been lost even with a standard data backup procedure, as this is regularly foreseeable and typical damage when it comes to the proper backing up of data.

e)    If the customer alters the software or product supplied or has it altered by third parties, warranty claims are waived unless the customer can prove that the actual error is not due to the alteration.

(3)    asknet AG can withdraw from the contract if asknet AG should be unable to deliver the goods ordered at no fault of its own due to the supplier not fulfilling its contractual obligations. The customer shall be informed immediately in this case.

(4)  If a guarantee is referred to in the item description, the statutory warranty rights of the customer towards asknet AG remain unaffected. The content of the guarantee and all the relevant information necessary for the enforcement of the guarantee can be found in the respective item description.

 

Section 7 Costs of the use of means of distance communication

No costs are due for the use of means of distance communication used for the conclusion of the contract which exceed the mere use of distance communication.

 

Section 8 Quote, conclusion of contract and ordering stages

(1)    The presentation of the products in each online shop does not constitute any legally binding offer. To order goods from the asknet AG online shop, the customer must put the goods in the “cart” (by clicking on the corresponding button). The cart represents a list of all goods that the customer has clicked on to select for the purpose of ordering. Goods can be changed according to quantity or removed from the cart.

(2)    If the cart contains all the goods desired in the right quantities, the order process can be continued by pressing the appropriate button. The customer will be asked for his billing and delivery address, the desired payment and, where appropriate, the shipping method. Before the final order, all details of the order are displayed again in a summary and can be corrected by the customer.

(3)    The order is binding for the customer as soon as the customer has entered the payment details and has clicked on the order button or has sent his order against payment by invoice or wire transfer. The customer receives a confirmation in the case of the successful transmission of the order by email, through which the offer is accepted. In the case of payment by wire transfer, the customer only receives confirmation after receipt of payment. With this email, confirmation of the purchase contract has been concluded. This confirmation can be printed out.

 

Section 9 Saving the order, languages and ability to access the T&Cs

(1)    The order, including the customer’s personal details, is saved electronically by asknet AG. The customer can view the order data after ordering if a login area has been set up.

(2)    The customer shall find the General Terms and Conditions of asknet AG in the confirmation email sent to the address provided by the customer. The T&Cs can also be viewed in the shop and printed out by the customer at any time.

(3)    Languages in which the T&Cs can be accessed are available to the customer for conclusion of the contract.

 

Section 10 Prices, payment conditions, reservation of ownership and right of retention

(1)    All prices are stated on the order page as total prices including, if applicable, shipping costs and taxes and are quoted in the currency chosen by the customer himself or which are displayed on the website and which he can access. Upon the conclusion of the contract with consumers, the statutory value-added tax is included in the price or is accounted for as such.

(2)    Upon the conclusion of the software provision contract, purchase agreement or service contract, the customer shall owe a payment, license fee or a purchase price. The customer should be provided with at least one free, reasonable means of payment. If payment by credit card is offered, this takes place subject to a positive credit check.

(3)    When paying by credit card, the customer agrees that asknet AG will settle the order with the relevant credit card company. The chargeback fees arising from chargeback from credit institutions, which can be attributed to the fault of the consumer, shall be borne by the customer.

(4)    Cash payments are due upon receipt of the goods. Invoices are payable within the time stated on the invoice after receipt of the invoice. It is presumed that the invoice will have been received by the customer within a period of 3 days after sending by post unless the customer proves later receipt.

(5)    The purchase item or service delivered or provided in any way remains the property of asknet or the rights holder of the contractual product until full payment has been made.

(6)    A lien can only be exercised by the customer if the claims result from the same contractual relationship.

(7)    The customer shall only have the right of offset if his counterclaims are legally established or recognised by asknet AG in writing.

 

Section 11 Delivery area

asknet AG does not deliver to countries or persons if such a delivery violates applicable export laws or other legal regulations.

 

Section 12 Delivery time

(1)    Unless otherwise stated on the item page, all products are immediately deliverable and all services immediately performable.

(2)    For deliveries of goods and the rendering of services within Germany, the maximum delivery time is 14 days

(3)    The period begins

a)    upon receipt of payment by asknet AG for payments by wire transfer.

b)    for all other payment methods, upon the conclusion of a contract

c)    for downloads, only after successful payment.

d)    for products that require additional information to be provided by the customer for licensing, upon the receipt of the information requested from the customer.

(4)    The period ends on the 14th day following the event named in paragraph 3. Should the last day of the period fall on a Saturday, Sunday or nationally recognised public holiday in the place of delivery, the last day of the period shall thus be the next business day instead of such a day.

(5)    For deliveries to other countries, paragraphs 2, 3 and 4 apply, with the proviso that the order is delivered within 28 days.

(6)    Events of force majeure, measures in the context of labour disputes and other unforeseen circumstances, including non-delivery by the suppliers, for which asknet AG is not at fault, entitles asknet AG to extend delivery deadlines for the duration of the disability accordingly. This shall however be for a maximum period of two weeks from the order being placed. Delays only occur only after a reasonable grace period has been set. Should the delay last longer, the customer may set a reasonable time limit for performance and withdraw from the contract following fruitless expiry. After six weeks of the order, asknet AG is likewise entitled to withdraw from the contract. Claims for damages are excluded unless the delay is caused by asknet AG.

 

Section 13 Delivery conditions

(1)    asknet AG utilises Deutsche Post AG for transport for deliveries within Germany and DHL or UPS for express deliveries. The respective local postal company shall assume delivery of the goods for deliveries outside of Germany, or in the case of express deliveries, DHL or UPS.

(2)    asknet AG offers the following delivery options:

a)    Standard delivery

b)    Express delivery

(3)    asknet AG retains the right to exclude individual types of shipment.

 

Section 14 Shipping costs

(1)    Provided the service or purchase item is not accessed via download by the customer and is shipped, the customer must pay the shipping costs. A calculation of shipping costs in advance is not reasonably possible as these vary depending on delivery area and product ordered. A precise calculation of shipping costs and a list of all selectable shipping methods are provided ​during the ordering process and these are indicated on the order page. Shipping costs may be omitted for special promotions in individual cases. This is also displayed in the order process and on the order page.

(2)    No shipping costs are invoiced by asknet AG when software is downloaded. The customer has to set up the remote communications link to the asknet AG server (Internet connection) required for the download and bear the resulting costs of use of the distance communications link as part of the access.

(3)    In the case of deliveries outside the EU, additional customs charges or costs for customs clearance, import duties or taxes may be due, which are to be borne by the customer. These costs are outside the control of asknet AG. More detailed information can be obtained from the relevant customs office.

 

Section 15 Right of use in the acquisition of software

(1)    The software provided by asknet AG is licensed subject to the application and recognition by the customer of the user licence and terms of use of the software manufacturer (generally named "End User Licence Agreement”).

(2)    The customer is entitled to use the licensed software in accordance with the Terms of Use of the manufacturer which, among other things, are made available to the customer when installing the software.

(3)    The customer may use the software only within the limits of Sections 69d and 69e of the Copyright Act without the permission of the copyright holder in copyright-relevant respects. In terms of resale and subletting, the license terms of the manufacturer and the legal regulations must be observed.

 

Section 16 Data protection

asknet AG complies with the relevant data protection laws and handles information and personal data in accordance with the provisions of the ask net AG Privacy Policy.

 

Section 17 Severability clause and choice of law

(1)    The parties agree to the application of German law under exclusion of the UN Sales Convention.

(2)    Should individual provisions of these Terms and Conditions or the contract concluded between the parties be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

 

Part 2: Information on the right of withdrawal for consumers in accordance with Section 13 BGB

Section 18 Existence of and the bearing of costs in the exercising of the right of withdrawal

(1) In accordance with Section 13 BGB, consumers are entitled to the right of withdrawal in the following cases described.

(2) If the consumer exercises his right of withdrawal described below, he is required to bear the cost of return.

 

Section 19 Reimbursement of payments made

(1)    If reimbursements need to be made, asknet AG makes the reimbursement via the same payment method that the customer also selected for payment.

(2)    For payment methods for which asknet AG is unable to make refunds via the same payment method, asknet AG reimburses payments by wire transfer. For this purpose, the bank details of the customer are required. The refund will be made once the customer has provided the bank details. The customer will not be charged for a refund by other means of payment.

 

Section 20 Right of withdrawal for digital content and premature expiration of the right of withdrawal

(1)    Right of withdrawal for digital content

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without stating reasons. The period of revocation is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us,

asknet AG
Vincenz-Priessnitz-Straße 3
76131 Karlsruhe
Germany
Tel: 0721/964580
Fax: 0721/9645899
Email: info@asknet.com

of your decision to withdraw from this contract by means of unambiguous declaration (e.g. a letter sent by post, a fax or an email). You can use the template withdrawal form attached for this purpose, which is not mandatory, however.

In order to observe the withdrawal period, it is sufficient for you to send the communication about the exercising of the right of withdrawal before the withdrawal expiration date.

Consequences of the withdrawal

Should you withdraw from this contract, we must immediately refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), at the latest within fourteen days from the date on which we receive the communication concerning your withdrawal of this contract. For this refund, we use the same means of payment that you used for the initial transaction, unless explicitly agreed otherwise with you; in no case will you be charged fees for this refund.

 

(2)    Premature expiration of the right of withdrawal

asknet AG is very eager, including in the case of digital content, for the customer to essentially have the possibility to return digital content if they are not satisfied and to withdraw from the contract. The legislator, however, provides that the right of withdrawal shall expire if the entrepreneur has started the execution of the contract, after

a)    the consumer has expressly agreed that the entrepreneur begins the execution of the contract before the end of the withdrawal period, and

b)    has confirmed his knowledge that he loses his right of withdrawal by his agreement regarding the start of execution of the contract.

This premature expiration of the right of withdrawal is due to the fact that digital content - once it has been downloaded - may be easily reproduced in contrast to physical objects and, therefore, there is also the possibility of the digital content remaining on the end device of the customer even in the event of withdrawal from the contract. By taking note of the information on the right of withdrawal, the customer expressly agrees to the execution of the contract by the entrepreneur before the expiry of the withdrawal period and confirms his knowledge that he will lose his right to withdrawal with the beginning of the execution of the contract.

Section 21 Cancellation policy and information on the right of withdrawal for contracts for other content

(1)    Right of withdrawal for contracts on the uniform delivery of goods and for contracts whereby multiple goods are ordered under a single order which are delivered together.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without stating reasons.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In order to exercise your right of withdrawal, you must inform us,

asknet AG
Vincenz-Priessnitz-Straße 3
76131 Karlsruhe
Germany
Tel: 0721/964580
Fax: 0721/9645899
Email: info@asknet.com

of your decision to withdraw from this contract by means of unambiguous declaration (e.g. a letter sent by post, a fax or an email). You can use the template withdrawal form attached for this purpose, which is not mandatory, however.

In order to observe the withdrawal period, it is sufficient for you to send the communication about the exercising of the right of withdrawal before the withdrawal expiration date.

Consequences of the withdrawal

Should you withdraw from this contract, we must immediately refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), at the latest within fourteen days from the date on which we receive the communication concerning your withdrawal of this contract. For this refund, we use the same means of payment that you used for the initial transaction, unless explicitly agreed otherwise with you; in no case will you be charged fees for this refund.

We may withhold the refund until we have received the goods or until you have demonstrated that you have returned the goods, whichever is earlier.

You must return or transfer the goods promptly and in any event not later than fourteen days from the date on which you notify us of the withdrawal from this contract. The deadline is met if you return the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods. You must only pay for any deterioration in value of the goods if this deterioration in value cannot be attributed to your handing of the goods in a manner not necessary for the inspection of the nature, characteristics and functioning of the goods.

(2)    Right of withdrawal for contracts where multiple goods are ordered under a single order which are delivered separately.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without stating reasons.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In order to exercise your right of withdrawal, you must inform us,

asknet AG
Vincenz-Priessnitz-Straße 3
76131 Karlsruhe
Germany
Tel: 0721/964580
Fax: 0721/9645899
Email: info@asknet.com

of your decision to withdraw from this contract by means of unambiguous declaration (e.g. a letter sent by post, a fax or an email). You can use the template withdrawal form attached for this purpose, which is not mandatory, however.

In order to observe the withdrawal period, it is sufficient for you to send the communication about the exercising of the right of withdrawal before the withdrawal expiration date.

Consequences of the withdrawal

Should you withdraw from this contract, we must immediately refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), at the latest within fourteen days from the date on which we receive the communication concerning your withdrawal of this contract. For this refund, we use the same means of payment that you used for the initial transaction, unless explicitly agreed otherwise with you; in no case will you be charged fees for this refund.

We may withhold the refund until we have received the goods or until you have demonstrated that you have returned the goods, whichever is earlier.

You must return or transfer the goods promptly and in any event not later than fourteen days from the date on which you notify us of the withdrawal from this contract. The deadline is met if you return the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods. You must only pay for any deterioration in value of the goods if this deterioration in value cannot be attributed to your handing of the goods in a manner not necessary for the inspection of the nature, characteristics and functioning of the goods.

(3)    Right of withdrawal for service contracts

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without stating reasons. The period of revocation is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us,

asknet AG
Vincenz-Priessnitz-Straße 3
76131 Karlsruhe
Germany
Tel: 0721/964580
Fax: 0721/9645899
Email: info@asknet.com

of your decision to withdraw from this contract by means of unambiguous declaration (e.g. a letter sent by post, a fax or an email). You can use the template withdrawal form attached for this purpose, which is not mandatory, however.

In order to observe the withdrawal period, it is sufficient for you to send the communication about the exercising of the right of withdrawal before the withdrawal expiration date.

Consequences of the withdrawal

Should you withdraw from this contract, we must immediately refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), at the latest within fourteen days from the date on which we receive the communication concerning your withdrawal of this contract. For this refund, we use the same means of payment that you used for the initial transaction, unless explicitly agreed otherwise with you; in no case will you be charged fees for this refund.

Should you have requested that the services begin during the withdrawal period, then you must pay us a reasonable amount which corresponds to the proportion of the services provided in comparison with the full coverage for the services provided in the contract by the date on which you notify us of the right of withdrawal in respect of this contract.

(4)    Withdrawal form template

(If you wish to withdraw from the contract, then please fill out this form and return it to us.)

To

asknet AG
Vincenz-Priessnitz-Straße 3
76131 Karlsruhe
Germany
Tel: 0721/964580
Fax: 0721/9645899
Email: info@asknet.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) on the sale of the following goods (*)/the rendering of the following services (*)

Ordered on (*)/received on (*)

 

Name of the consumer(s)

 

Address of the consumer(s)

 

Signature of the consumer(s)
(only for paper communication)

 

Date

 

(5)    For quick and user-friendly processing, we request that you do not return goods to the above address, but to the address specified on the delivery note for returns. However, compliance with this request is not a prerequisite for the exercising of the right of withdrawal to be effective.

(6)    The right of withdrawal in particular does not apply, provided no other right is established, in accordance with legal regulations, in the case of distance contracts for the delivery of audio or video recordings or computer software if the delivered data carriers have been unsealed by the consumer.

(7)    The right of withdrawal expires prematurely for the provision of services if the entrepreneur has fully rendered the service and has started the execution of the service only after the consumer has expressly consented thereto and has confirmed his knowledge that he shall lose his right of withdrawal in the event of complete performance of the contract by the entrepreneur.

Part 3: Special Terms and Conditions for contractions in accordance with Section 14 BGB

Section 22 Limitation of the warranty period, assignment of the warranty rights of the manufacturer towards the customer

(1)    The warranty period is limited to 12 months. For damages and expenses arising from intent, gross negligence, warranty, malice and in the case of injury to life, body and health and for claims under the Product Liability Act, the statutory limitation periods apply.

(2)    The warranty of asknet AG towards the customer should be subsidiary to that granted by the software or hardware manufacturer/supplier. To this end, asknet AG assigns their warranty claims in advance from the manufacturer/supplier to the customer regarding the contractual software or hardware and/or documentation or other user instructions. The customer accepts this assignment. The customer must therefore firstly assert warranty claims against the manufacturer/supplier - in court, if necessary. The limitation period for warranty claims against asknet AG is suspended for the duration of such legal action. asknet AG will issue the contract documents necessary for a prosecution and provide the necessary information about the entrepreneur. The asknet AG warranty is revived if the claims of the manufacturer/supplier offer no prospect of success for legal reasons or due to degeneration of assets due to bankruptcy, non-traceability, legal limitations or existing contrary rights.

 

Section 23 Investigation duty and notification duty

In deviation to point 9, the customer - if he is an entrepreneur - must examine the goods or service immediately upon receipt and immediately register a complaint should a deficiency be noticed. Section 377 HGB (German Commercial Code) applies.

 

Section 24 Validity of T&Cs, place of fulfilment and court of jurisdiction

(1)    The terms and conditions of the customer only apply with the explicit and written agreement of asknet AG.

(2)    Karlsruhe is agreed as the place of fulfilment and court of jurisdiction. asknet AG may however also select the general court of jurisdiction of the customer.