Terms of Service
Last Update: 24. June 2024
Table of contents
1. Validity of the GTC
The following General Terms and Conditions (hereinafter referred to as "GTC")
shall apply exclusively to the business relationship between Genz IT Solutions
GmbH, BrĂĽckengasse 1b, 78462 Konstanz, Germany (hereinafter referred to as
"Vendor") and the purchaser, who is hereinafter referred to as "Customer", of
the Vendor's products.
"Entrepreneur" within the meaning of the GTC is a natural or legal person or a
partnership with legal capacity who, when concluding a legal transaction, acts
in the exercise of his commercial or self-employed professional activity.
The offer of the Vendor is directed exclusively to Customers who are
entrepreneurs (also referred to as "Business Customers" or "B2B"). By placing
an order or registering as a Customer, Customers declare that they are an
entrepreneur and not a consumer.
2. General Information on Offers and Orders
Customers are responsible for ensuring that the details they provide are
accurate and for notifying any changes to the Vendor if they are necessary for
the Vendor's fulfilment of the contract. In particular, Customers are
responsible for ensuring that the e-mail and delivery addresses they provide
are accurate and that any obstructions to receipt for which Customers are
responsible are taken into account accordingly (e.g. by checking the spam
folder of the email software used).
3. Contract Text and Contract Language
The contractual language is English, contracts can be concluded in this
language.
4. Prices and Shipping Costs
Unless otherwise stated, all prices are net, plus the applicable statutory
value added tax (VAT).
5. Digital Services
"Digital Service" means a service that allows the Customer, who is a Consumer,
to create, process, store or access data in digital form; or a service that
allows the sharing of or any other interaction with data in digital form
uploaded or created by the Customer or other users of that service.
The provisions of these GTC shall apply accordingly to Digital Services.
6. Subscriptions
"Subscription" is understood to mean the regular purchase of products or other
services by "Subscribers" (how Customers are referred to under Subscription
Agreements) within the framework of an ongoing contractual relationship (also
referred to as a "Subscription Agreement") for a defined period of time (also
referred to as a "Subscription Period").
A Subscription Agreement obliges the Vendor to deliver the services covered by
the Subscription Agreement or to perform other services at the agreed times or
intervals and within the agreed subscription period. The details of the
individual Subscriptions are specified in each case with their respective
offers.
Termination shall be effective as of the next service or delivery due date or
the next service or delivery within the Subscription Period.
Subscriptions are billed in advance at the beginning of each Subscription
Period.
The right to termination of the Subscription Agreement for good cause is
reserved in accordance with the statutory provisions.
7. Copyright and Rights of Use
The products sold by the Vendor are protected by intellectual property rights
(in particular trademark and copyright). The rights of use and exploitation
are held by the Vendor or the respective rights holders. Customers commit
themselves to recognize and comply with these property rights.
8. Warranty and Liability
The Vendor shall not be liable for the Customer's Internet connection or the
software and hardware used by the Customer or any disruptions caused by them
to the conclusion or performance of the contract between the Customer and the
Vendor.
The Vendor shall be liable for damages without limitation insofar as the cause
of the damage is based on intent or gross negligence. Furthermore, the Vendor
shall be liable for the slightly negligent breach of essential obligations,
the breach of which endangers the achievement of the purpose of the contract,
for the breach of obligations, the fulfilment of which makes the proper
performance of the contract possible in the first place and on the compliance
with which the customer regularly relies (cardinal obligations) or in the case
of agreed guarantee commitments. In this case, however, the Vendor shall only
be liable for the foreseeable, contract-typical and expectable damage. The
Vendor shall not be liable for the slightly negligent breach of obligations
other than those mentioned above. The above limitations of liability shall not
apply in the event of injury to life, limb or health, for a defect following
the assumption of a guarantee for the quality of the product and in the event
of fraudulently concealed defects. Liability under the product liability law
remains unaffected. Insofar as the Vendor's liability is excluded or limited,
this shall also apply to the personal liability of employees, representatives
and vicarious agents. In all other respects, claims for damages by the
Customer shall be excluded. The above liability provisions shall also apply to
claims for damages by the Customer under the Vendor's statutory warranty.
9. Change of GTC
The Vendor reserves the right to amend these GTC in the case of long-term debt
relationships (i.e. contracts running over a longer period, within the
framework of which services and/or counter-services are provided) at any time
with effect for the future in the following cases: a) if the amendment serves
to bring the GTC into line with applicable law, in particular if the
applicable legal situation changes; b) if the amendment serves the Vendor in
complying with mandatory court or official decisions; c) if entirely new
services or service elements as well as technical or organizational processes
require a description in the GTC; d) if the amendment is solely advantageous
to the Customers.
In the case of Customers who are Entrepreneurs, changes can also be made in
addition to the cases mentioned, provided they are reasonable, appropriate,
and objectively justified for the Customer.
The Vendor will send the amended GTC to the Customer's email address
registered with the Vendor at least two weeks before they come into effect. If
a Customer does not object to the new GTC within two weeks of receiving the
email, the amended GTC will be deemed accepted by the Customer. In the
notification of the change, the Vendor will inform the Customers of the
consequences of not contesting the new GTC. Customers can also agree to the
amended GTC by express consent.
10. Final provisions
The legal relationship between the Customer, insofar as the Customer is an
entrepreneur, and the Vendor shall be governed exclusively by the laws of the
Federal Republic of Germany, to the exclusion of the UN Convention on
Contracts for the International Sale of Goods.
The place of jurisdiction shall be at the Vendor's (registered) office if the
Customer is an entrepreneur, a legal entity under public law or a special fund
under public law or if the Customer does not have a general place of
jurisdiction in the Vendor's country of business. The right of the Vendor to
choose another admissible place of jurisdiction will remain unaffected.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and
other parties you represent that you will not: 1. modify, copy, prepare
derivative works of, decompile, or reverse engineer any materials and software
contained on this website; 2. remove any copyright or other proprietary
notations from any materials and software on this website; 3. transfer the
materials to another person or “mirror” the materials on any other server; 4.
knowingly or negligently use this website or any of its associated services in
a way that abuses or disrupts our networks or any other service Vendor
provides; 5. use this website or its associated services to transmit or
publish any harassing, indecent, obscene, fraudulent, or unlawful material; 6.
use this website or its associated services in violation of any applicable
laws or regulations; 7. use this website in conjunction with sending
unauthorized advertising or spam; 8. harvest, collect, or gather user data
without the user’s consent; or 9. use this website or its associated services
in such a way that may infringe the privacy, intellectual property rights, or
other rights of third parties.