General Terms And Conditions
Terms of Service
Contractual conditions in the context of sales contracts that are concluded via the platform between House of Systems GmbH, Siebenlindenstrasse 69, 72108 Rottenburg - hereinafter referred to as the "provider" - and the customers referred to in § 2 of the contract - hereinafter referred to as the "customer".
§ 1 scope, definitions
For the business relationship between the web shop provider (hereinafter "provider") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership that, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
Purchase contracts are only concluded with traders.
§ 2 ordering options
The customer requests an offer from the provider by email to anfrage (at) houseofsystems.de or by phone. Here, it is checked, among other things, whether it is a commercial customer. The customer receives a written offer from the provider. According to the offer, the customer orders by phone or fax and then receives a written order confirmation. When ordering by fax, the offer is accepted by the order confirmation.
§ 3 delivery, availability of goods
If at the time of ordering the customer no copies of the product selected by him are available, the provider will inform the customer of this. If the product is permanently unavailable, the provider refrains from a declaration of acceptance. A contract is not concluded in this case.
If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. The provider is also entitled to withdraw from the contract. He will immediately reimburse any payments already made by the customer.
The period for delivery begins when payment is made in advance on the day after the payment order has been placed with the transferring credit institution or, in the case of other payment methods, on the day after the contract has been concluded and ends on the last day of
Deadline. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day will take the place of such a day.
§ 4 retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 5 prices and shipping costs
All prices stated on the provider's website are exclusive of the applicable statutory sales tax.
The corresponding shipping costs are specified to the customer in the offer and are to be borne by the customer.
The goods are shipped by UPS, DPD, DHL, freight forwarder or post. The provider bears the shipping risk if the customer is a consumer.
The customer can make the payment in advance, invoice, direct debit or leasing. When purchasing on account, a credit check is carried out by Euler Hermes or Crefo Factoring. In principle, purchase on account is only possible with a positive credit check.
Payment in advance
8 days net
14 day Netto
30 days net
1.5% payment surcharge on the invoice total
60 days net
2.5% payment surcharge on the invoice total
90 days net
3.5% payment surcharge on the invoice total
From 14 days onwards, the payment is processed by our partner Crefo-Factoring.
The customer can change the payment method stored in his user account at any time.
The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment. In this case, he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
The customer's obligation to pay default interest does not preclude the provider from asserting further default damages.
§ 7 warranty for defects, guarantee
The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The liability towards entrepreneurs for goods delivered by the provider is 12 months.
There is an additional guarantee for the goods delivered by the provider only if this has been expressly given in the order confirmation for the respective article.
Customer claims for compensation are excluded. This does not include claims for damages on the part of the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical for the contract, if this was caused simply by negligence, unless the customer's claims for damages result from injury to life, limb or health.
The restrictions in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are made directly against them.
The provisions of the Product Liability Act remain unaffected.
§ 9 Notes on data processing
The provider collects customer data as part of the processing of contracts. He particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use customer data and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.
3. The customer has the option at any time to request the data he has saved, to change or to delete it. In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be called up at any time in printable form on the provider's website using the "Data protection" button.
4. The provider carries out a credit check by Euler Hermes for the payment method invoice. For invoices from 30 days or direct debits after 14 days, payment is processed via our partner Crefo-Factoring. The data is transmitted to both partners exclusively for the purpose of checking and processing. Euler Hermes and Crefo-Factoring are not authorized to use the data for any other purpose
§ 10 final provisions
The law of the Federal Republic of Germany applies to contracts between the provider and the customer to the exclusion of the laws on the international purchase of movable goods (UN sales law). For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer has no general place of jurisdiction in Germany or the EU or if his place of residence or habitual residence is not known at the time the action is brought. The authority to also call the court at another legal place of jurisdiction remains unaffected.
The contract remains binding in its remaining parts even if individual points are legally invalid. If applicable, the statutory provisions replace the ineffective points. Insofar as this would represent an unreasonable hardship for a contracting party, the contract as a whole will become ineffective.
The contract language is German.