Note: Company Informationstechnik Graf UG (limited liability) called ITG
I. Scope, customer information
The following general terms and conditions regulate the contractual relationship between the company ITG and consumers and entrepreneurs with whom our company has contractual relationships.
Our company does not recognize any terms and conditions of the respective contractual partner that conflict with, deviate from, or supplement the following terms and conditions.
German law applies to the conclusion of contracts.
The contract language is German.
If the customer concludes the contract as a consumer within the meaning of § 13 BGB, his claims from the purchase of consumer goods remain unaffected by the following rules.
II. Conclusion of contract
The product information on our company's website, the price information in our shop and that in our print media do not constitute a legal obligation.
Offers are subject to change.
A contract is only formed when our company expresses its will to conclude a contract.
This can be done by means of a written or electronic order confirmation or other binding declaration, which can also be a conclusive action to fulfill the contract.
Price estimates are non-binding. The fee to be paid is based on the actual cost of the service provided.
The remuneration to be paid by the customer for the cost estimate will be offset against a follow-up order.
If it becomes foreseeable during the execution of the order that the actual costs incurred will increase by more than 20%, we undertake to inform the customer of this immediately and to submit a new estimate based on the new findings.</p >
The customer is then free to cancel the order.
In the event of termination at the customer's request, the services provided up to that point must be remunerated by the customer.
The customer is bound to an order placed for a period of four weeks.
Delivery dates and deadlines are only binding for our company if they have been agreed in writing, subject to correct and timely delivery.
In this regard, we reserve the right to make partial deliveries.
We assume no liability for items ordered on behalf of a customer if this item cannot be delivered as ordered.
A claim for damages in this regard is therefore excluded.
Delays in delivery and performance due to operational disruptions, delays in self-supply and due to official orders, also from our suppliers, do not justify fault-related liability for our company and do not justify a right of withdrawal for the customer, provided that the delivery or service is still provided by our company within a reasonable period of time can be provided.
If the delivery or service cannot be provided by our company within a reasonable period of time, we are entitled to withdraw from the contract in whole or in part because of the unfulfilled part.
The breach of obligations during contract negotiations and the occurrence of default on the part of our company only gives rise to a claim for damages for the customer if the default or breach of duty is due to intentional or grossly negligent behavior that can be attributed to our company.
To consumers, the warranty period for used items is 1 year.
Otherwise, the statutory provisions of the German Civil Code apply to consumers.
For entrepreneurs, the warranty period for newly manufactured items is 12 months.
The warranty is excluded for used items.
Entrepreneurs are obliged to report any defects found within a period of two weeks to be reprimanded in writing after the transfer of risk.
Warranty claims are excluded for defects reported at a later date.
To meet the deadline, the date of the postmark or other proof of postage applies.
Notices of defects must be sent in writing to the company headquarters "Informations-Technik Graf", Eilser Masch 1, 30419 Hanover.
As an alternative, the notification of defects can be sent in text form by e-mail. This is only considered to have been received if our company has expressly confirmed receipt in a reply email. In this case, the customer bears the access risk for the notification of defects.
Unconfirmed notices of defects by e-mail are deemed not to have been received.
Should subsequent performance take place within the framework of the warranty, this will be carried out at our company's discretion by eliminating the defect or delivering a defect-free item.
In both cases, our company has a to grant a period of at least three weeks.
In the event of a reported defect occurring in computer software, in particular programs and website designs, we reserve the right to rectify the defect three times.
IV. Warranty
A promise of performance on our part that goes beyond the basic transaction, which concerns the quality of an object of purchase or other services for a certain period of time, must be in writing in order to be legally effective.
In this respect, the guarantee conditions take precedence over the customer's obligations with regard to the notification of defects and the restrictions on the type and extent of subsequent performance.
Manufacturer's guarantees are performance promises made by the manufacturer to the end customer. Such a guarantee does not create any performance obligation for our company.
V. Liability
ITG is liable for unlimited damages for the employees working in the company, vicarious agents [as well as legal representatives "GmbH"]. negligent and otherwise culpable injury to life, limb or health of a person.
Liability is excluded except in the case of intentional or grossly negligent behavior or in the case of damage resulting from injury to life, limb and health and the violation of essential contractual obligations.
VI. Disclaimer
The claim for compensation for other damages, in particular compensation for damages in lieu of performance, compensation for damage caused by delay, indirect consequential damage, loss of profit and compensation for wasted expenses is limited to cases of grossly negligent or intentional breaches of duty and otherwise excluded.
The liability of the company for slightly negligent breaches of duty is excluded.
This exclusion of liability also extends to breaches of duty by our vicarious agents [and our legal representatives "GmbH"].
The exclusion of liability does not apply to essential contractual obligations, damage resulting from injury to life, limb or health, or claims under the Product Liability Act.
An essential contractual obligation is one the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely.
Furthermore, there is no claim for damages in the event of the exclusion of the obligation to perform due to impossibility against our company.
Our company is not liable for the topicality, the correctness of the content or the completeness of the information provided on its website.
Our company has no influence on the design and content of third-party websites.
It therefore distances itself from all third-party content, even if our company has set a hyperlink to these external sites.
This applies to all links displayed on the homepage and to all content of the pages to which the banners and links lead, as well as to third-party entries in guest books, discussion forums and mailing lists set up by our company.
VII. Repairs
The customer is obliged to provide our company with an accurate and detailed error description to the best of our knowledge before carrying out a repair.
Inaccurate or insufficient error information excludes a warranty claim.
VIII. Backup
When carrying out a repair, depending on the technical condition of the device and the extent of existing defects, especially on built-in data storage media, partial or complete data loss of stored data, software and settings can occur.
ITG assumes no liability for the security of an existing database on a device accepted for repair or for the operability of previously installed software programs.
It is the customer's responsibility to carry out any data backup they deem necessary before placing a repair order. The customer is responsible for restoring the data stock after the repair has been carried out.
If our company is commissioned with a fee-based data backup, this is done without guarantee and expressly without a guarantee of success.
Our company assumes no liability for any loss or damage to existing files or installed software, any claims for damages are excluded.
With a repair order to our company, this disclaimer is expressly recognized.
Even if a commissioned repair, data backup or data recovery is unsuccessful, the customer owes the agreed fee.
IX. Collection
Goods to be repaired will be handed over upon presentation of the repair slip and cash payment.
The repair slip authorizes the respective collector. ITG is under no further obligation to check the authorization of the collector.
Liability for the release to economically unauthorized persons is hereby excluded.
The collector is responsible for checking the repair device for completeness of the supplied accessories and for damage when an employee is present.
Subsequent complaints will be rejected.
X. Retention period
By handing over the repaired goods, the client undertakes to collect the repaired products immediately after completion, but at the latest within 18 working days after a written collection request.
If repaired items are not picked up within this period, ITG can demand a reasonable storage fee from the end of this period.
If the collection does not take place within 2 months of the collection request, our company is no longer obliged to store it.
This also eliminates liability for damage or loss of the goods.
ITG is entitled to publicly auction the item to be repaired after this period to cover its costs in accordance with Section 383 of the German Civil Code or to have it sold privately in accordance with Section 385.
One month before this period expires, the customer will be sent a written threat of sale to that effect.
First of all, the repair costs as well as storage and sale costs are offset from the proceeds generated.
Any difference will be debited to the client and invoiced or credited.
If devices are not picked up after a repair order has been rejected or not completed, our company is entitled to dispose of them within the same time limits.
The disposal costs will be charged to the customer.
XI. Retention of title
Towards consumers within the meaning of § 13 BGB, we reserve ownership of the purchased item until the invoice amount has been paid in full.
To entrepreneurs within the meaning of § 14 BGB, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship have been settled.
Security rights existing in our favor are transferrable to third parties.
The contractual partner only has the right to offset in cases where their counterclaims have been legally established, are undisputed or have been expressly recognized by us. The customer only has a right of retention if a counterclaim is based on the same contractual relationship.
If the customer defaults in payment, all existing claims will become due immediately.
The customer is obliged to inform our company about the whereabouts of the purchased item as long as the retention of title exists.
The customer is prohibited from violating the property rights of our company, in particular through resale, pledging, transfer by way of security or transfer of use to third parties and justifies a claim for damages in favor of our company.
XII. Payments
Payable amounts are due in the case of a purchase when the purchased item is handed over in the shop or when the item is delivered and are to be settled in cash without deduction.
Invoices are to be paid on the contractually agreed payment date without any deductions to an account specified by the company.
The deduction of cash discount requires a special written agreement.
Other means of payment will only be accepted by special agreement and only on account of payment.
Our company is entitled to demand payment in advance and only to provide the service after receipt of the invoice amount.
If the fulfillment of our payment claim is endangered or if this is to be feared due to a deterioration in the customer's financial situation that has occurred or become known after the conclusion of the contract, our company can postpone further execution of the order until the amounts owed have been settled or, without prejudice to previous conflicting agreements require advance payment or other security.
If the customer is in arrears with his payment obligation in whole or in part, he has to pay interest on arrears at an annual rate of 5 percentage points above the base interest rate of the ECB, unless our company can prove higher damage.
If the client is an entrepreneur, the interest on arrears is 8 percentage points above the base rate of the ECB.
For all other transactions involving the services of our company, the terms of payment result from a written contract in which a payment term that is binding for the customer is agreed.
The place of performance for all services and the place of payment for fees is the retail shop of the Informationstechnik Graf UG, Eilser Masch 1, 30419 Hannover.
Any transport for delivery to a place other than the place of performance is at the expense and risk of the customer, provided that transport or shipping has been agreed in writing.
Prices to consumers are final prices including statutory VAT.
If prices are quoted to an entrepreneur, these are exclusive of the applicable sales tax ;
If the customer concludes the contract as an entrepreneur, he is only entitled to offset, withhold or reduce any claims, even if notifications of defects or counterclaims have been asserted, if his counterclaims have been legally established or are undisputed.
XIII. Jurisdiction and place of performance
For all disputes arising from the contractual relationship, the place of jurisdiction is the place of business of our company if the customer is an entrepreneur, a legal entity under public law or a special fund under public law.
Our company is entitled to assert claims against the customer at any other competent court.
XIV. Other
Should individual parts of the above general terms and conditions be or become invalid, the remaining provisions of these general terms and conditions remain fully effective.
Changes or additions to the contract must be made in writing to be legally effective. Verbal subsidiary agreements were not made.
Additional provisions for the marketing of advertising space
I.) Object
ITG markets all kinds of advertising space on the Internet. The fulfillment of given and accepted orders is carried out by the company in its own name and for its own account on behalf of the respective advertising customer.
II.) Warranty
- 1. The client is obliged to check the advertisement immediately after it has been placed or appeared on the website or in other electronic advertising media and to complain in writing about any errors at the latest within one week of the advertisement being placed or appearing. If the complaint is not made in good time, the customer's warranty claims are void.
- 2. If the advertisement is placed incorrectly, the company is entitled, at its discretion, either to place a replacement to the extent that the purpose of the placement was impaired, or to make improvements. Only if such a replacement circuit or rectification is impossible, has failed at least twice, has been unreasonably delayed or has been refused to the company by the customer despite setting a reasonable deadline, does the customer have the right to choose between rescinding the contract (rescission) or reducing the remuneration (reduction ) to.
- 3. An error in the advertising placement in the aforementioned sense does not exist if the objectionable display is caused by the use of unsuitable display software or hardware (e.g. browser) or by disruptions in the communication networks of other companies or by computer failure at Internet providers or Online services or through incomplete and/or not updated offers on so-called proxy servers (cache) of commercial and non-commercial providers and online services that are outside the company's sphere of responsibility/influence, or through the failure of a server that is not lasts longer than 24 hours (continuous or cumulative) within 30 days after the start of the contractually agreed circuit, due to force majeure, strike or other reasons for which the company is not responsible.
- 4. If errors occur during the execution of an order, the client is not entitled to refuse payment for another order.
III.) Obligations of the client
- 1. By placing the order, the customer confirms that he has acquired all necessary rights of use from the owner of copyrights, ancillary copyrights and other rights to the advertising documents and texts he has provided and can freely dispose of them.
- 2. The customer exempts the company from all costs and claims by third parties that may arise from the violation of copyright, competition, press, criminal or other legal provisions at the company.
- 3. If advertising orders cannot be carried out or can be carried out incorrectly for reasons that lie within the client's area of risk, the client will still be billed for the agreed advertising. If the company is not at fault for the faulty or non-execution, the client has no claims against the company.
- 4. The client is not entitled to assign or transfer rights or obligations arising from the contract to third parties without the express prior consent of the company. The company may assign or transfer rights and obligations under the contract to a third party at any time. The client expressly gives his consent. As long as the client has not been informed of the transfer, he is entitled to pay the company with debt-discharging effect.
IV.) Right of withdrawal
- 1. The company reserves the right, even after the conclusion of the contract, to reject advertising for reasons that make it unreasonable for the company to carry out the contract. This is particularly the case if the advertisement violates copyright, competition, press, criminal or other legal provisions.
- 2. The client has the right to be informed about the reasons for the rejection. If the customer cannot provide new advertising material that meets the company's requirements, the customer is entitled to a refund of payments already made. If the company is not at fault for the unreasonableness of executing the contract, costs that have already been incurred by the company must be deducted from this claim for reimbursement. Any further claims of the customer are excluded. If in such a case the customer has not yet made any payments, the company can demand reimbursement for costs already incurred.
V.) Cancellation
- 1. The cancellation of orders by the customer is generally possible and must be done in writing. There are no cancellation fees for cancellations up to 4 weeks before the start of the campaign.
VI.) Prices
- 1. The company's price lists valid at the time the contract is concluded apply to the contracts, unless otherwise agreed in the individual contract.
- 2. Price changes for the execution of advertising placements for agreed and confirmed placement orders will take effect if they are announced by the company one month before the cessation with a new price. In this case, the customer has the right to withdraw, which must be exercised by declaration within five working days of receipt of the notification.
VII.) Scope
- 1. The following conditions apply exclusively to all initial, current and future transactions to be concluded/concluded with the company. The company does not recognize any terms and conditions of the client that deviate from these general terms and conditions. These do not become part of the contract even if the company does not expressly object to them.
- 2. By placing the order, the customer acknowledges the exclusive validity of these terms and conditions.
VIII.) Conclusion of contract
- 1. A contract between the company and the client comes about either through a written order confirmation by letter, fax or e-mail on the part of the company or through the fulfillment of the order by the company. The company has the right to reject orders that have not yet been confirmed without giving reasons.
- 2. Orders placed orally by the client and changes to orders that have already been confirmed only become effective if they have been confirmed in writing by the company.
- 3. The company's price lists valid at the time the contract is concluded apply to the contracts.
XI.) Copyright
The homepage layout, the graphics and images used, the collection of articles and individual articles are protected by copyright. Reproduction or use is not permitted without the express permission of the author. The company reserves all rights.
The images on this homepage are available license-free at https://de.freepik.com und https://unsplash.com/de erhältlich.