Terms of Service I&K-Technik

OUR TERMS AND CONDITIONS   1. GENERAL 1.1. For all deliveries and services exclusively these terms and conditions apply. In addition In addition, the license conditions of the manufacturers enclosed with the products also apply. All product names and logos are the property of their respective manufacturers. Product illustrations are exemplary illustrations and may vary from differ from the delivered products. With the appearance of this catalog, all previous offers lose their Validity. 1.2. Deviations from these terms and conditions, additional agreements and ancillary agreements generally require the written form. 1.3. Our information and offers regarding the devices and product descriptions distributed by us are subject to change. With regard to the constant technical development and improvement of the products we keep us changes in construction and execution compared to those in our various pamphlets and ours Information provided on the online catalog. This also applies to changes that serve to maintain delivery capability. Misprints and errors are reserved. The statements made are not considered warranted property within the meaning of BGB. The buyer is advised that he does not accept goods that he did not order or did not order got to. Again, the return / cancellation right applies. Para. 5th 1.4. Purchase contracts come only by a written order confirmation (E-Mail is sufficient) or the acceptance of the goods by the customer (and after expiration of the revocation / return period). By opening the original packaging, iIn each case the customer accepts our copyright protection and the warranty conditions.

2. PRICES AND PAYMENT TERMS 2.1. For delivery the prices apply at the time of ordering the goods. The legal right of withdrawal in the distance selling law acc. Para. 5 remains untouched. 2.2. Price changes, which become necessary due to changes of customs duties, import and export fees, exchange control, price fluctuations, allocation goods, etc., remain reserved. 2.3. Prices are in EUR and do not include shipping, insurance and packaging costs without software, installation, training, accessories and other ancillary services, unless otherwise agreed, including VAT at the time of printing. 2.4. Invoices are due and payable within 14 days of the invoice date. Deviating special agreements require our written consent. The proforma invoice is the order confirmation. Payment method "Immediately" understands advance payment. Unauthorized invoice reductions and discounts by the customer are prohibited. In case of default, the default interest and the dunning costs incurred (postage, legal fees) will be charged according to the applicable statutory provisions. Default interest rate according to § 288 BGB for companies (B2B) and public clients (B2A): 9% above the base rate according to § 247 BGB, but at least 1.5% per month. Default interest rate according to § 288 BGB for end consumers: 5% above the base rate according to § 247 BGB, but at least 1.5% per month. If the debtor is not an end consumer, we are entitled to claim our claim for payment of the recovery fee of EUR 40. In the event of default, we are entitled to refuse all deliveries and services to the customer, including from other contractual relationships, as well as to cancel at our discretion, project-related and cross-accountant. The costs incurred through restocking and / or depreciation shall be borne by the purchaser or principal. We are not liable for any damages resulting from this non-delivery.

2.5. If a customer is in default of payment, we are entitled to charge reminder fees according to the following table:  Reminder level 1: 5, - EUR  Reminder level 2: 10, - EUR  Reminder level 3: 15, - EUR  2.6 We only supply corporate customers and government customers for an open account after appropriate examination. Should the corresponding proofs fail to materialize within three days of order, the order will be processed at our discretion as for private customers and converted to delivery in advance or the delivery address adjusted according to the invoice recipient.  In addition, regular customers can make use of the delivery by open invoice after a positive check from their fourth order. 3. DELIVERY TIME 3.1. Delivery dates must be agreed in writing. The deadline is met if the shipment takes place before the deadline expires. 3.2. All agreed delivery periods are subject to correct and timely delivery. The Delivery time is extended appropriately for measures in the context of work interruptions (strike / lockout), legal and official order (import / export restrictions), force majeure. Claims for damages in case of non-compliance are excluded.

4. DELIVERY, SHIPMENT, RISK 4.1. We are entitled to partial deliveries, unless expressly agreed otherwise. Partial deliveries are valid for payment obligations, transfer of risk and warranty obligations as independent deliveries. The customer is not entitled to reject independent partial delivery. Should an article not be available at short notice, we decide after our choice whether a free of charge subsequent delivery takes place or the article in the invoice with "please reorder" is indicated. 4.2. At our discretion, we determine the shipping method, shipping route and carrier unless otherwise agreed with the customer at the latest when ordering. Shipping fee up to 10 kg domestic  Direct debit collection (code 05, "debit") 9,88 EUR  Payment in advance 9,88 EUR  UPS standard 9,88 EUR  UPS on delivery 23,80 EUR  UPS Express 45,00 EUR  The customer is independently responsible for receiving the delivery during the usual delivery times. In the case of delivery by bank debit, the customer shall independently take care of the existence of the debit authorization at his bank. Fees incurred due to insufficient coverage of the account or a faulty debit authorization, we charge in full to the customer. Shipments> 10 kg will be charged according to actual expenditure. Abroad: Shipments abroad are charged according to effective effort. A delivery on direct debit is not possible. The minimum order amounts are: Domestic: 15, - EUR Foreign: 50, - EUR. 4.3. The consignee is obliged to check the consignment for external integrity upon receipt. Should a transport damage nevertheless occur, an immediate confirmation by the deliverer must be provided. In the case of hidden damage, please bring the package immediately to the post office or to the transport carrier used and have the damage handed over to you. Send back the package with the above mentioned documents. Upon receipt of the damaged goods, you will receive a replacement immediately 4.4. When sending goods and other items to us the respective sender bears the transport risk and all costs incurred. This does not apply to returns within the scope of the granted return.


5. RETURN POLICY FOR CONSUMER CONTRACTS

5.1. We only grant the legal right of return on distance sales for legal transactions that a natural person concludes for purposes that can not be attributed to your commercial or independent professional activity. Such customers are no longer bound to your order if they return the goods within a period of 2 weeks after receipt at their expense (value of goods up to Euro 40, -). If the goods are not ready for parcel forwarding, a corresponding written request for repossession on a durable medium (letter / fax) without stating reasons within the period is sufficient. Absolutely in advance we need to process your complaint filled out by you

RMA form.

To meet deadline timely dispatch to:

Thomas Miehling
I & K Technology
Kraillinger Str. 12
82131 Stockdorf
Fax .: 089/70058419
email: info@funk-werkstatt.de


5.2. The right of return does not apply to the following categories of goods:

· Sealed goods, if the sealed packaging has been opened / damaged,
· Audio, video recordings,
· Software on data carriers of all kinds,
·          Books,
· Batteries, batteries,
· Quartzes,
· Semiconductors, in particular program memories (PROMs, etc.)
·          Spare Parts,
· All goods ordered on behalf of the customer.

Furthermore, there is no right of return for individually configured products and products which were manufactured or procured according to customer specifications, customized software and hardware, services, downloads.
 

If goods which are excluded from the right of return under point 5.2 are exceptionally withdrawn, this shall be at the exclusive decision of the company Thomas Miehling, I & K-Technik under calculation of a restackment fee. This restocking fee is at least 40% of the original net value of the goods and may be up to 80% of the net value of goods, depending on the item group. Depending on the daily price and the resale value of the goods, Thomas Miehling, I & K Technik reserves the right to charge reasonable surcharges.
It should be noted that bundles, packs and other compilations of software and hardware can only be returned together.

5.3. However, it should be noted that the return in the original state in the undamaged original / sales packaging. In the event of significant deterioration (such as soiling, damage, damaged packaging, damaged documentation, incomplete return), we expressly reserve the right to demand compensation. Likewise, the value of the transfer of use until the return is to be reimbursed, e.g. for all consumables such as ink, paper, toner, blanks, floppy disks, media, batteries, rechargeable batteries, etc. This may justify your obligation to pay the full purchase price. We make claims for compensation, e.g. particularly in the case of processors, memory modules, hard disks and other PC articles, at least in the amount of the price decrease, especially as they are subject to a permanent price decline. It does not depend on the actual use.

Of course, you will also be entitled to compensation for loss of goods, unless the fault lies with the liable transport carrier. In any case, keep all proof (such as package receipt) of a proper return.

5.4. Any unpaid returns will not be accepted. We will refund the purchase price immediately after receipt of the goods, taking into account the aforementioned points by crediting you to your specified account. Please stamp the return accurately.


6. OWNERSHIP

6.1. We reserve title to the purchased item until full payment of all claims, including ancillary claims. In case of breach of contract we are entitled to reclaim the purchased item. If the purchased item is further processed or mixed with other goods, we acquire co-ownership of the new item. A right of return is excluded in this case.

6.2. The customer is entitled to resell the goods in the ordinary course of business. This does not apply in the event that the customer is in default with a payment obligation to us.





7. WARRANTY / DISCLAIMER

7.1. We guarantee that the delivery items are free from defects according to the current state of the art. The legal warranty period is 24 months for all products delivered by us, beginning with delivery of the goods. Exempted are consumables. The warranty claims are initially limited to subsequent performance. In case of failure of the supplementary performance is entitled to rescission of the purchase contract or reduction of the purchase price. Excluded from the warranty are damages that are due to natural wear, improper use and lack of care or incorrect operation. In addition, the customer has claims from the guarantee statements of the manufacturers of many technical products that are attached to the products.

7.2. We assume no liability for damages or defects arising from improper use, storage, operation, faulty or negligent treatment. Likewise, any warranty expires if the customer intervenes or repairs himself or has them carried out by persons not authorized by us.

7.3. Obvious defects must be reported in writing immediately, but no later than 2 weeks after receipt of the goods, otherwise claims for defects are excluded. In commercial transactions, §§ 377.387 HGB apply in addition.

7.4. Insofar as a defect of the purchased item for which we are responsible is known, we shall be entitled to remedy the defect or provide replacement at our discretion. The buyer is obliged to return the claimed item with a detailed description of the defect and a copy of the delivery note. Only use our RMA form for this purpose. Furthermore, the buyer is obliged to back up data at his expense. In case of data loss, we can not be held liable. In the event of unjustified claims, we reserve the right to charge an expense allowance for the conducted inspection measures. The amount depends on the effort, but is minimal 29, - EUR plus VAT.

7.5. Unless expressly agreed, further liability claims of the purchaser - for whatever legal reason - are excluded. The above exemption from liability does not apply if the damage is due to intent or gross negligence. Insofar as our liability is excluded, this also applies to the personal liability of our employees.


8. REPAIR CONDITIONS / WORKSHOP CONTRACTS
8.1. contract award
In the transmission of a device to us is the order to carry out the repairs we deem necessary, as far as the declaration of the sender does not state otherwise. First step of our processing is the entrance test of your repair good.
Quotations are made on the basis of a non- or only partially dismantled device. If further defects or additional expenses exceed 20% of the original repair amount, we will notify the sender and carry out the repair only after a new written order. If a cost estimate indicates that the repair costs do not exceed the amount of EUR 30, - net (excluding packaging, shipping and VAT), we are entitled to carry out the repair without written permission at the expense of the sender.

8.2. Estimates
If no repair order is given on the basis of a cost estimate, we will charge a processing fee of 30% of the estimated repair costs in the case of the return of the unrepaired device, however, at least 39, - EUR plus packaging, shipping costs and value added tax. The scrapping of the device is free.
Repair orders for older, discontinued or no longer in production devices are accepted only subject to the procurement of spare parts and service documents, which is why the customer can not be called a binding deadline for completion. In the event of impact / fall / water damage, the functionality may be impaired under unfavorable circumstances even after proper repair, but this can not be determined before the repair. We reserve the right to refuse the repair of shock / fall / water damage.
Repairs due to manufacturer's warranty / guarantee are only carried out if the repair shipment is accompanied by a receipt of our invoice. If, when processing a device originally sent in for warranty purposes, it should be determined that the damage is not covered by the manufacturer's guarantee / warranty, a cost estimate will be drawn up in each case.
If a repair order is not issued within 3 weeks after the creation of a cost estimate, we are entitled to return the device to the sender for the purpose of calculating our expenses.

8.3. Not feasible repair
The services provided for the submission of a cost estimate as well as the further incurred and documented expenses (debugging time equal to working time) shall be invoiced to the customer if the repair can not be carried out for reasons for which the contractor is not responsible, in particular because:
- the defect in the inspection has not occurred,
- Spare parts are finally no longer available,
- the customer has culpably failed to meet the agreed date,
- the contract has been terminated during the execution.
The item to be repaired need only be returned to its original condition upon reimbursement of the customer's costs, unless the work requested was not required.
If the repair is not carried out, the contractor shall not be liable for damage to the object of repair, breach of ancillary contractual obligations and for damage not caused to the object of repair, irrespective of the legal grounds on which the customer invokes to.

8.4. The withholding of payments or the offsetting due to any counterclaims of the client disputed by the contractor is not permitted.

8.5. Extended lien
The contractor is entitled to a contractual right of lien on the items which have come into his possession as a result of the order because of his claim from the order.
The contractual right of lien can also be asserted for claims arising from earlier work, spare parts deliveries and other services insofar as they are objectively related to the subject matter of the order.
For other claims arising from the business relationship, the contractual lien shall only apply insofar as these are undisputed or a legally valid title exists and the object of the order belongs to the client.

8.6. Agreement, change and cancellation of a workshop appointment
If a workshop date has been agreed with us, but you can not comply with it, then you can cancel the appointment or free up to 24 hours before the agreed date free of charge.
After this time, a change or cancellation with 30% of the net order value shall be settled by the client. Any prepayments already made will be credited.
If at the conclusion of the contract no workshop date has been agreed, because e.g. If the delivery date of built-in parts has not yet been determined, an appointment must be made within 14 days of the request by the contractor after all required parts have arrived. If no appointment is made within this period, this is equivalent to a cancellation, which is to be settled with 30% of the net order value by the client. Any prepayments already made will be credited.

8.7. liability for defects
Claims of the customer due to material defects shall be time-barred for new goods after 24 months from acceptance of the object of the contract, if the customer is the end customer (B2C), and after 12 months, if the customer is a reseller or business customer (B2B) or government customer (B2A, B2G).
Claims of the client due to material defects become time-barred for second-hand goods after 12 months from acceptance of the object of the order, provided that the customer is the end customer (B2C). If the customer reseller or business customer (B2B) or government customer (B2A, B2G) is the warranty.


If the client accepts the object of the order despite being aware of a defect, he shall only be entitled to the claims for material defects if he reserves these rights upon acceptance. Obvious defects must be reported to the contractor in writing immediately after their discovery and must be clearly identified.
Supplements of the client are excluded from the warranty. The warranty for this is borne by the respective supplier. Insofar as installation orders for supplies are concerned, the warranty naturally extends only to the installation work, but not to the supplies.
Furthermore, the customer is obliged to secure data at his expense before sending in a repair. In case of data loss, we can not be held liable. If data backups are carried out by us, this will in no case replace the obligation of the client.
Parts to be replaced become the property of the contractor.
The warranty extends exclusively to the work carried out.


9. SOFTWARE / LITERATURE / LICENSES

9.1. In many cases, certain items (such as software) are subject to our manufacturer's license terms beyond our terms. By accepting the goods, the buyer acknowledges their validity and, in the event of a breach, is fully liable for the resulting damage

10. DATA PROTECTION

10.1. The data required for the transaction will be stored and used during the order processing. In addition, we maintain a data exchange with SCHUFA and other credit bureaus for the purposes of credit checks. All personal data is treated confidentially.
Further details can be found in our privacy policy.

11. MISCELLANEOUS

11.1. Stockdorf (municipality of Gauting) is agreed as the place of fulfillment for all bilateral benefits due from the contract, including possible restitution claims.

11.2. Multiple transmitted orders (Tel./Fax/Briefpost/Reports) for whatever reason, are clearly marked as such, otherwise they will be executed again. In such cases no costs can be borne by us.

11.3. The minimum order amounts are: Domestic: 15, - EUR Foreign: 50, - EUR.

11.4. If individual provisions of the delivery contract or these terms and conditions are ineffective, the remaining provisions shall continue to apply.

12. JURISDICTION

The exclusive place of jurisdiction is Starnberg or another legal place of jurisdiction of our choice, insofar as the customer is a merchant within the meaning of the HGB or a corporation under public law.

(c) M.Sc. Thomas Miehling, I & K Technology, Kraillinger Str. 12, 82131 Stockdorf

As of: 15.03.2015