General Terms and Conditions (GTC) for business customers

§ 1 Scope of application

  1. These General Terms and Conditions (GTC) govern all legal relationships concluded via our online store between you as a business customer and the ito consult GmbH. They shall apply exclusively; deviating or conflicting terms and conditions of the business customer shall not be recognized unless we have expressly agreed to them in writing.

  2. Our offer is aimed exclusively at Entrepreneur within the meaning of § 14 BGB. Orders from Consumers according to § 13 BGB are not accepted. With your order, you confirm that you are acting as an entrepreneur and are purchasing the goods for your commercial or self-employed activity.

  3. The version of our GTC valid at the time of conclusion of the contract shall apply, which can be viewed at www.utm-shop.de can be retrieved, saved and printed.

§ 2 Offer and conclusion of contract

  1. The products presented in the online store represent no legally binding offer, but a non-binding invitation to place an order. By clicking on the button „order with obligation to pay“ enter Binding purchase offer for the items contained in the shopping cart. At the same time you recognize these terms and conditions as solely authoritative. We reserve the right to change this offer within three working days to accept.

  2. After receipt of your order you will receive a Automatic confirmation by e-mail. However, this order confirmation does not constitute acceptance of the offer. A legally binding purchase contract is only concluded when we expressly confirm your order or dispatch the goods to you.

  3. Information on products such as dimensions, weights, technical data or illustrations are non-binding, unless expressly agreed otherwise. We reserve the right to make changes due to legal regulations or technical improvements as long as they do not impair usability.

§ 3 Prices

  1. Unless otherwise stated, all prices are ex stock or ex works in Euro, exclusive Packaging, shipping, insurance, customs duties or other ancillary costs. The respective valid statutory value added tax is shown separately.

  2. The current Shipping costs can be found under https://utm-shop.de/versand-und-zahlungsbedingungen can be viewed on the website. Customs duties and other ancillary costs will be charged at the actual amount incurred.

  3. Decisive are the Date of order valid prices.

§ 4 Payment

  1. Unless otherwise agreed, payment shall be due immediately and without deduction. The following payment methods are available:

    • Prepayment
    • Instant bank transfer
    • PayPal
    • Invoice (after a positive credit check, with a 14-day payment period)

    In the case of payment methods where payment is only made after shipment, we reserve the right to charge the License only after full payment to be released.

  2. When paying by Prepayment you will receive an electronic notification with the payment amount and our bank details. Hardware will be shipped after order acceptance; licenses or subscriptions will only be provided after receipt of payment.

  3. Incoming payments are first with the oldest outstanding receivable offset. A Right of set-off only exists if your counterclaims legally established, undisputed or recognized by us are.

  4. If the customer is in default of payment, we may impose a Reminder fee of € 2.50 and Default interest in the amount of 9 % above the prime rate charge. We reserve the right to prove higher damages caused by delay.

  5. For individual agreements, please contact our business customer sales department via E-mail to service@utm-shop.de or by telephone at (0351) 810 77 50.

§ 5 Delivery and transfer of risk

  1. The delivery time begins with the Order confirmation, but not before receipt of payment (in the case of advance payment). Should delays occur, we will inform you immediately. Partial deliveries are permissible if they are reasonable for you.

  2. These are Commercial sales, therefore exists No right of withdrawal or return in accordance with §§ 355 ff. BGB.

  3. Force majeure or unforeseeable events (e.g. strikes, traffic disruptions) may lead to delays in delivery. In this case, the delivery period shall be extended appropriately or we reserve the right to Right of withdrawal before.

  4. The danger of accidental loss or deterioration of the goods is transferred to you when the goods are handed over to the forwarding agent or shipping agent.

  5. Obvious Transport damage must be reported directly to the carrier and we must be informed immediately. Hidden defects must be reported to us as soon as they are discovered.

§ 6 Warranty

  1. Within the scope of the statutory provisions, you are entitled to Subsequent performance (rectification of defects or replacement delivery). The choice of subsequent performance is ours.

  2. Defects must within one week of receipt be reported in writing. Hidden defects must be reported within one week after discovery display.

  3. For new goods a Warranty of one year from delivery. In the case of used or demonstration appliances, the warranty is excluded, unless there is intent or gross negligence.

  4. Manufacturer warranties are assigned directly to the customer. A list of the respective warranty conditions can be requested from us.

§ 7 Retention of title

  1. The goods remain our property until full payment our property.

  2. You are obliged to return the goods treat with care and insure them against damage.

  3. Should third parties access the goods subject to retention of title (e.g. seizure), you are obliged to inform us immediately. immediately in writing to inform.

§ 8 Limitation of liability

  1. We are only liable for willful or grossly negligent breaches of duty. In the event of slight negligence, we shall only be liable for foreseeable damages typical for the contract.

  2. Our liability for Data loss, business interruptions or Internet disruptions is excluded.

  3. We are not liable for the content of external websites to which we refer by links.

§ 9 Data protection

The processing of personal data is carried out in accordance with the Requirements of the GDPR and the BDSG. You can find further information in our Privacy policy.

§ 10 Final provisions

  1. Only the Law of the Federal Republic of Germany.

  2. The place of jurisdiction for all disputes is Dresden.

  3. Should individual clauses be ineffective, the Validity of the remaining provisions unaffected.

§ 11 Provider information

ito consult GmbH
Boltenhagener Straße 140, 01109 Dresden
Phone: +49 351 81077-33
E-Mail: info@ito-consult.de
Commercial register: Dresden Local Court, HRB 19384
Sales tax ID: DE 215 103 946
Managing Director: Enrico Baum

Stand: 31.01.2024