Terms and conditions of sale within the framework of purchase contracts via the platform https://www.tracktics.com
Hanauer Landstraße 291A
- hereinafter referred to as "provider" -
The users of this platform referred to in § 2 of these GTC - hereinafter "customer/customers" - will be closed.
§ 1 Scope, definition of terms
(1) The following general terms and conditions apply exclusively to the business relationship between the provider and the customer 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.
(2) The restrictions evident from the product description or otherwise resulting from the circumstances apply to the sale of digital products, in particular the licensing agreements attached to the digital products. In case of doubt, only private and commercial use is granted without the right to resell or sublicense.
§ 2 Conclusion of contract
(1) The customer can select products from the supplier's range and collect them in a so-called shopping cart by clicking the "Add to shopping cart" button. By clicking on the "Buy now" button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic acknowledgment of receipt by e-mail with the subject "Confirmation of your order for Tracktics products", in which the customer's order is listed again and which the customer can print using the "Print “ can print out. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. The content of the order is summarized in this. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is saved in compliance with data protection.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment terms
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), subject to prior payment of the purchase price.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Switzerland, Austria.
(4) The customer can make the payment by SEPA direct debit, PayPal, Visa, MasterCard, SOFORT.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 4 retention of title
Until the purchase price has been paid in full, the delivered goods remain the property of the provider
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
§ 6 warranty for material defects
(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 ff. BGB. In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.
§ 7 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are 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.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence, unless the customer claims for damages from injury to life, limb or Health.
(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data from the customer as part of the processing of contracts. In particular, he 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 the customer's inventory and usage data to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.
§ 9 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.