General Terms and Conditions (AUTIVV GmbH)

Last Updated on: 02-01-2023

Please note that these General Terms and Conditions are a translation of our German General Terms and Conditions (see “AGB”) that we provide as a courtesy to our English-speaking clients and visitors. The business location of the website and domain owner is Germany; therefore, this website is governed by German Law.

 

www.docu-shop.com and www.crimp-academy.com are domains of AUTIVV GmbH

 

Internet portal, distribution of documentations, tutorials and educational materials

The following terms and conditions apply to business transactions among business people. A business person is a natural or legal person or a company with legal capacity which, when concluding a legal transaction, acts in the capacity of a commercial or self-employed professional entity.

1. Scope of application

2. General

3. Offer and contract

4. Prices and terms of payment

5. Payment methods, Default

6. Delivery and cost

7. Retention of title

8. Warranty

9. Liability

10. Place of jurisdiction

11. Copyright

12. Right of withdrawal

 

1. Scope of application

These General Terms and Conditions apply to all orders placed by customers with the online store of AUTIVV GmbH, Kreuzweg 16, 98596 Brotterode-Trusetal.

The offer in our online store is aimed exclusively at customers who are to be regarded as entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), i.e. who are acting in the exercise of their commercial or independent professional activity when concluding the contract.

AUTIVV GmbH (AUTIVV GmbH) and/or third-party service providers, suppliers and subcontractors of AUTIVV GmbH shall provide all deliveries and services exclusively on the basis of these Terms and Conditions.

We do not recognize any general terms and conditions of the customer that deviate from these terms and conditions in whole or in part unless we have expressly agreed to them in writing. These terms and conditions shall also apply exclusively if we render our services without reservation in the knowledge of conflicting GTC of the customer.

These General Terms and Conditions shall also apply to future transactions of the parties.

Amendments to these General Terms and Conditions shall become effective 14 days after their publication on the homepage unless the customer objects to the respective amendments no later than 14 days after publication.

2. General

AUTIVV GmbH is entitled to commission third-party service providers, suppliers and subcontractors with the provision of parts or the entire range of services.

Offers that are directly supplied and invoiced by a third-party service provider, supplier and contractor are explicitly marked in the respective product description.

An overview and further information can be found in our suppliers and manufacturers directory.

AUTIVV GmbH is entitled to change the service providers and subcontractors commissioned with the implementation at any time without separate notification, as far as this does not result in any disadvantages for the customer.

The language of negotiations shall be German or English.

Verbal collateral agreements, contract supplements and amendments, in particular as far as they modify these terms and conditions, are only valid if confirmed in writing by AUTIVV GmbH.

3. Offer and contract

Your contractual partner is AUTIVV GmbH.

The presentation of our range of products and services in the online store and on the websites does not represent a legally binding offer within the meaning of §§ 145 ff BGB, but a non-binding online catalog. Our product range consists of digital content (hereinafter also: downloads). You can add products or downloads to the shopping cart without obligation. You can make corrections at any time in the order process before sending the order. You place a binding order for the downloads contained in the shopping cart by clicking the order button ('buy'). After sending the order, you will receive a confirmation of receipt of your order by e-mail.

The system automatically checks the specified VAT-ID of the customer (mandatory field). The order process can be completed only with valid VAT-ID. If you cannot complete the order process, please contact us by e-mail (This email address is being protected from spambots. You need JavaScript enabled to view it.).

The offers of AUTIVV GmbH and/or third-party service providers, suppliers and subcontractors are subject to change. We reserve the right to correct errors or incompleteness in product information or prices. We also reserve the right to make product changes, especially in the case of adaptation to technical progress. Application advice is given to the best of our knowledge based on existing experience. However, all data and information on the suitability and application of the materials and information are non-binding and do not exempt the business customer from carrying out his own tests and trials. The purchase contract is concluded by acceptance of the order by AUTIVV GmbH and/or its third-party service providers, suppliers and subcontractors. The customer waives receipt of a declaration of acceptance, § 151 sentence 1 BGB.

The confirmation of the conclusion of the contract is made by AUTIVV GmbH either via an order confirmation or by delivery of the ordered goods.

If the ordered goods are no longer in stock at AUTIVV GmbH and/or its third-party service providers, suppliers and subcontractors after conclusion of the contract or may not be delivered for legal reasons, AUTIVV GmbH and/or its third-party service providers, suppliers and subcontractors may either offer and deliver goods of equivalent quality and price as a replacement or withdraw from the contract. If the customer does not accept the replacement delivery, he may return it to AUTIVV GmbH and/or its third-party service providers, suppliers and subcontractors at their expense. AUTIVV GmbH and/or its third-party service providers, suppliers and subcontractors shall reimburse the business customer for any payments already received immediately after receipt of the rejected replacement delivery or after declaration of withdrawal from the contract. In the event of force majeure or similar events, including but not limited to shortage of materials, operational disruptions, strikes, lockouts or official measures - in each case also at the suppliers of AUTIVV GmbH and/or its third-party service providers, suppliers and subcontractors - as well as untimely and incorrect self-deliveries, AUTIVV GmbH and/or its third-party service providers, suppliers and vicarious agents shall be entitled to withdraw from the contract in whole or in part or, at its own discretion, to postpone the delivery for the duration of the impediment.

4. Prices and terms of payment

The prices stated in our online store and on the websites are net prices.

For B2B sales within the EU, the sales tax is payable at the place of the recipient (buyer). In the case of B2B sales within Europe, the tax liability is reversed (=Reverse Charge procedure). In the case of sales to third countries, no sales tax is incurred; taxes are paid directly by the customer in the destination country.

In the case of digital content, all deliveries are always made against prepayment, unless otherwise agreed.

5. Payment methods, Default

(1) In our online store, the payment methods that can be selected for the respective customer are indicated in each case.

(2) In the event of payment by credit card, the purchase price shall be reserved on the customer's credit card at the time of the order ("authorization"). The actual charge to the Customer's credit card account will occur at the time we ship the goods to the Customer.

(3) If the Customer selects a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

(4) If a payment method offered via the payment service "Stripe" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com/.

(5) If the customer defaults on a payment, he shall be obliged to pay the statutory default interest in the amount of 9 percentage points above the base interest rate. In addition, there shall be a claim to payment of a lump sum in the amount of 40 euros. We reserve the right to claim further damages.

(6) If the customer does not meet his payment obligations on time or if it becomes apparent that his financial circumstances are no longer sufficient for any credit granted or deferment of payment, we shall be entitled to declare all outstanding claims due immediately or to demand the provision of security.

6. Delivery and cost

Download products (digital content that is not delivered on physical media) do not incur shipping charges.

Download products can be downloaded via a link communicated by e-mail.

The sending of this e-mail with access data for the execution of the download takes place after the conclusion of the contract (in case of agreed prepayment after the time of your payment transfer).

7. Retention of title

If the seller delivers before payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

8. Warranty

The complaint period for obvious defects is 8 days. Recognizable defects shall only be taken into account if they are notified within ten days after receipt of the goods and hidden defects within ten days after their discovery. For all notices of defects, it is mandatory to state the reasons in writing and to enclose supporting documents. The warranty obligation is initially limited to replacement delivery or rectification. Should the replacement delivery or the rectification of defects fail within a reasonable period of time, the business customer shall be free to demand, at his discretion, a reduction of the remuneration (abatement) or cancellation of the contract (redhibition).

9. Liability

AUTIVV GmbH and/or its third-party service providers, suppliers and agents shall be liable:

  • In the full amount of the damage in the event of gross negligence on its part and on the part of its executive employees, in addition
  • On the merits for any culpable breach of material contractual obligations, as well as outside of such obligations, also for gross negligence of subcontractors, unless AUTIVV GmbH and/or its third-party service providers, suppliers and subcontractors can exempt themselves from such liability by virtue of commercial practice.
  • The amount in the last two groups of cases to compensation of the typically foreseeable damage. The customer is advised of the need for consistent data backup to avoid further damage.
  • Materials by download and interactive content
    The software provided is created and tested according to current technical standards and is suitable for normal use on standard PCs. AUTIVV GmbH is not liable for costs incurred by the customer due to defective software (e.g. maintenance, repair or removal of defects). The exclusion does not apply to damages for which liability is mandatory due to indispensable legal regulations.
  • AUTIVV GmbH is not liable for consequences that may arise due to downloads from internet websites!

10. Place of jurisdiction

The place of fulfillment, also for the buyer's obligations, and the place of jurisdiction is the seller's registered business address. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

11. Rights of use for publications, presentations and other educational materials

Copyright:

All content is provided with corresponding copyright notices of the owners of the processed information (text and image material). These copyright notices must be observed!

Copyright notice:

No part of AUTIVV GmbH's (Crimp Academy, Docu-Shop) own content of any documentation, tutorial and educational material may be reproduced in any form (print, photocopy, electronic media or any other process) or processed, duplicated or distributed using electronic systems without written permission from AUTIVV GmbH (AUTIVV GmbH). In case of infringement, a fine of up to 10,000.- Euro (in words: ten thousand Euro) is to be expected.

12. Right of withdrawal

The offers are directed exclusively at commercial customers. Digital content, such as downloads of publications, e-books or training videos cannot be revoked.

By placing an order, the customer expressly consents to the seller commencing the execution of the contract (i.e., in practice, the transfer of data) before the expiry of the withdrawal period and confirms his knowledge that his right of withdrawal expires upon his consent to the execution of the contract.

A confirmation of the expiration of the right of withdrawal on durable medium according to § 312f BGB will be provided with the invoice.

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