General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Condition of the goods
- Granting Rights of Use for License Keys
- Reservation of Proprietary Rights
- Warranty
- Liability
- "No-Russia-Clause" / "No-Belarus-Cause"
- Applicable Law
- Place of Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Cybertrading GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise provided. In this context, the Seller owes, in addition to the delivery of the goods, the provision of digital content or digital services (hereinafter "digital products") which are contained in or connected to the goods in such a way that the goods cannot fulfil their functions without them.
1.3 These GTC shall apply accordingly to contracts for the supply of physical data carriers that serve exclusively as carriers of digital content unless something to the contrary is regulated in this respect. Digital content within the meaning of these GTC is data that is created and made available in digital form.
1.4 These GTC apply accordingly to contracts for the provision of license keys, unless otherwise agreed. In this respect, the Seller owes the provision of a license key for the use of the digital content or digital services described by him (hereinafter "digital products") as well as the granting of the contractually agreed rights to use the respective digital products. The Client does not acquire any intellectual property rights to the digital product. The respective product description of the Seller is decisive for the quality of the digital product.
1.5 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.6 A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer. The conclusion of the contract is judged according to whether the respective article has been awarded a price in the seller's online shop or not. For items that are priced, the customer can choose between the following order options:
- Order via the online order form (shopping cart system)
- Order using the suggested price option
- Ordering items without price labeling (price on request)
2.1 Order via the online order form (shopping cart system)
2.1.1 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also submit his offer to the Seller by telephone, e-mail or per online contact form.
2.1.2 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client, insofar as receipt of goods by the Client is decisive, or
- by requesting the Client to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.
2.1.3 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full#:~:text=You%20should%20note%20that%20PayPal's,offer%20under%20the%20user%20agreement. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client's offer at the time when the Client clicks on the button concluding the order process.
2.1.4 If the Client chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“) pursuant to the Amazon Payments Europe User Agreement, available at https://pay.amazon.eu/help/201212430.
2.1.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.1.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. Use of the enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.1.7 The German and the English language are exclusively available for the conclusion of the contract.
2.1.8 Order processing and contacting usually take place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
2.2 Order using the suggested price option
With the price proposal option, the customer can use the online contact form provided on the website of the seller to send a non-binding request to the seller to submit an offer taking into account the price proposed by the customer . At the customer's request, the seller sends the customer a binding offer to sell the goods selected by the customer from the seller's range by email, fax or letter. In doing so, the seller can take the customer's suggested price into account or make a different offer. The customer can accept this offer by sending a declaration of acceptance to the seller by fax, email or letter or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby the day of the Access to the offer is not included. The day on which the payment is received by the seller is decisive for acceptance by payment. If the last day of the deadline for accepting the offer falls on a Saturday, Sunday or a public holiday recognized by the state at the customer's headquarters, the next working day will take the place of such a day. If the customer does not accept the seller's offer within the aforementioned period, the seller is no longer bound to his offer and can freely dispose of the goods again. The seller will specifically point this out to the customer in his offer.
2.3 Ordering items without price labeling (price on request)
If certain items in the seller's online shop are not priced because they have to be procured by the seller at the customer's request, the following applies to the conclusion of the contract:
The customer can use the online contact form provided on the seller's website, which he can access by clicking the “Price on request” button, to send a non-binding request to submit an offer to the seller. At the customer's request, the seller sends the customer a binding offer to sell the goods selected by the customer from the seller's range by email, fax or letter. The customer can accept this offer by sending a declaration of acceptance to the seller by fax, email or letter or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby the day of the Access to the offer is not included. The day on which the payment is received by the seller is decisive for acceptance by payment. If the last day of the deadline for accepting the offer falls on a Saturday, Sunday or a public holiday recognized by the state at the customer's headquarters, the next working day will take the place of such a day. If the customer does not accept the seller's offer within the aforementioned period, the seller is no longer bound to his offer and can freely dispose of the goods again. The seller will specifically point this out to the customer in his offer3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel is provided in the Seller’s instruction on cancellation.
3.3 The right to cancel does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside the European Union at the time of concluding the contract.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .
4.3 In case of delivery to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes, for example, transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such additional costs regarding money transfer may also be incurred, if the Client carries out the payment from a country outside the European Union, even if delivery is not made in a country outside the European Union.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 If the payment method “purchase on account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume, and he may refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Client in his payment information displayed in the online shop of a corresponding payment restriction. The Seller also reserves the right to carry out a creditworthiness check when the payment method “purchase on account” is selected, and he may reject this payment method in the event of a negative creditworthiness check.
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control, or if he has been temporarily impeded from receiving the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.3 In case the Client is a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
5.5 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller's place of business. In this case shipment costs will not be charged.
5.6 Digital content will be provided to the Client exclusively in electronic form as follows:
- by e-mail
5.7 Licence keys will be granted as follows:
- by e-mail
5.8 For selected items, we offer customers acting as entrepreneurs the additional Transport Plus service for an extra charge. In this case, the risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer or an authorised recipient upon delivery of the goods. The specific conditions, terms and costs will be displayed during the ordering process.
6) Condition of the goods
We deliver different conditions of goods and devices. New goods, refurbished goods and used goods. Therefore, unless otherwise agreed, the following characteristics apply to the respective states:
6.1 New: These are new and unused goods. Unless explicitly agreed and offered, we reserve the right to deliver items that have the following characteristics:
- It is possible that no manufacturer warranty can be claimed. This is where our guarantee applies.
- It cannot be guaranteed that the latest versions are used on the hardware and software side.
- The packaging may have already been opened. (NOB = New Open Box)
- An identically constructed device from another manufacturer is delivered.
- The device no longer has the original packaging from the manufacturer. (Bulk goods).
- Partially missing accessories such as cables, screws or operating instructions.
- The equipment does not always meet the requirements to be included in a maintenance contract of the original manufacturer.
- The manufacturer's original box may have optical defects, as long as the condition of the device is not affected.
- Goods are considered new even if the manufacturer has already concluded or booked service and/or maintenance contracts and licences for the goods sold.
6.2 Refurbished: These are used devices, often without original packaging, which have been technically checked, professionally cleaned and refurbished. The devices offer all functions of a corresponding new device. All data of the previous owner has been deleted in an audit-proof manner. Minor optical defects may occur. Unless explicitly agreed and offered, we reserve the right that:
- Suitable basic accessories are supplied either by the original manufacturer or 3rd party manufacturer.
- Extended accessories or operating instructions are not included in the scope of delivery.
- Articles with designations such as spare, renew, excess refurbished, refresh, remanufactured, which are directly brought to market by the manufacturer, can also be supplied.
- An identically constructed device from another manufacturer is delivered.
6.3 Used: These are used equipment, without original packaging that has not been technically and visually inspected for damage. The devices often show signs of wear and tear and no functional reliability can be guaranteed. The data may not have been professionally erased.
7) Granting Rights of Use for License Keys
7.1 The license key provided entitles the Client to use the software or content as described in the respective product description.
7.2 The granting of rights shall become effective only when the Client has fully paid the owed remuneration.
7.3 If the contract relates to the one-time provision of digital content, the granting of rights shall only become effective when the Client has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this time. Such provisional permission shall not constitute a transfer of rights.
8) Reservation of Proprietary Rights
If the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
8.1 If the Client is a trader, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.
8.2 If the Client is a trader, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless of whether the reserved goods are processed prior to or after resale or not. The Client remains entitled to collect the claims even after assignment. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, he is not in default, and no application has been lodged to open insolvency proceedings.
9) Warranty
9.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
9.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
9.3 If the Client acts as a consumer, the following applies to contracts for the delivery of used goods subject to the restriction of the following clause: The limitation period for claims for defects is one year from the delivery of the goods if this was expressly and separately contractually agreed between the parties and it the Client was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
9.4 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
9.5 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
9.6 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
9.7 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
9.8 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.
10) Liability
The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
10.1 The Seller shall face unlimited liability regardless of the legal ground
- in case of intent or gross negligence,
- in case of injuries of life, body, or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
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10.2 If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
10.3 For the rest the Seller’s liability is excluded.
10.4 The aforementioned provisions on liability apply also to the Seller’s liability regarding his legal representatives and vicarious agents.
11) "No-Russia-Clause" / "No-Belarus-Cluase"
11.1 Customer must not directly or indirectly (re-)sale, (re-)export or otherwise supply or transfer any goods obtained from us to a natural or legal person, entity or body (“PEB”) in Russia or Belarus or for use in Russia or Belarus if the respective goods are listed in any Annex of Regulation (EU) No 833/2014, which includes goods, whose sale, supply, transfer or export to PEB in Russia or Belarus or for use in Russia or Belarus is prohibited, or in other EU lists of goods in respect of which Regulation (EU) No 833/2014 lays down the same prohibitions (in particular Annex I to Regulation (EU) 2021/821 and Annex I to Regulation (EU) No 258/2012).
11.2 If the goods obtained from us are (re)sold, (re)exported or otherwise supplied or transferred to third parties, Customer shall oblige these third parties to also comply with the obligation under Clause (1) and to also pass on this obligation to their customers.
11.3 In the event of a violation of Clauses (1) or (2) by Customer, we may terminate the Agreement with immediate effect by written notice to Customer; any damage claims by Customer against us arising out of or in connection with the termination of the Agreement pursuant to this Clause shall be excluded. Furthermore, in the event of a violation of Clauses (1) or (2) by Customer, we may demand a contractual penalty of 5% of the purchase price from Customer, and Customer shall indemnify us against all costs or other losses (in particular claims of third parties, fines, immaterial damages) resulting from the non-compliance of Customer with Clauses (1) and (2), unless Customer proves that he is not responsible for the violation. The contractual penalty shall be offset against claims for damages.
11.4 We reserve the right to make the delivery of goods dependent on the receipt of a conclusive end-use certificate issued by the end-user.
11.5 If we have justified doubts as to Customer’s compliance with Clauses (1) and (2), we may refuse delivery to Customer until these doubts have been resolved to our satisfaction. Any claim by Customer against us based on delay or non-performance due to the resolution of such doubts are excluded, except in the event of intent and gross negligence on our part.
12) Applicable Law
12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12.2 Furthermore, this choice of law regarding the right to cancel does not apply to consumers who are not nationals of a Member State of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside of the European Union at the time of concluding the contract.
13) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract,provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases, the Seller is entitled to appeal to the court which has jurisdiction over the area where the Client’s place of business is located.
14) Code of Conduct
The Seller meets the quality standards of Trusted Shops, which can be viewed at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
15) Alternative Dispute Resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
