1. scope of application

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

In relation to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

2. contractual partner, conclusion of contract

The sales contract is concluded with App-Sec-Network UG.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping basket. Immediately after sending the order, you will receive another confirmation by e-mail.

3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.

We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can view and download the general terms and conditions at any time here on this page. You can view your past orders in our customer login.

4. terms of delivery

In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the offers.

We deliver only in the dispatch way. A self-collection of the product is unfortunately not possible.

We do not deliver to packing stations.

5. payment

The following payment methods are available to you in our shop:

credit card
When you place your order, you also send us your credit card details.
After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.
There is an additional charge of 0.00 Euro.

PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
PayPal: There are plus 0.00 Euro as costs.
PayPal Express: There are plus 0.00 Euro as costs.

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.

If you have chosen the payment method PayPal, you have to be registered there in order to pay the invoice amount, or you have to register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.

If you have chosen the payment method credit card, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be executed by your credit card company upon PayPal’s request immediately after confirmation of the payment order and after your legitimation as legitimate cardholder and your card will be debited. You will receive further information during the ordering process.

If you choose a payment method via PayPal Plus, you will be charged 0.00 Euro plus.

IMMEDIATELY by bank transfer
After placing the order you will be redirected to the website of the online provider SOFORT Bank transfer. In order to be able to pay the invoice amount by bank transfer immediately, you must have an online banking account with a PIN/TAN procedure that has been activated for participation in the instant bank transfer, you must legitimise yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards by bank transfer and your account will be debited.
There will be an additional charge of 0.00 Euro.

Invoice
You will receive the invoice with the goods. If the payment method “invoice” is selected, the invoice amount must be transferred to the bank account specified there within 7 days of receipt of the invoice.

6. retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. transport damage

This applies to consumers:
If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

This applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, only our own details and the manufacturer’s product descriptions included in the contract shall be deemed to be the agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

in the event of injury to life, limb or health
in case of intentional or grossly negligent breach of duty and fraudulent intent
in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed
to the extent that the scope of application of the Product Liability Act has been opened up.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer Service: Contact: support@app-sec.de

9. liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.

in the event of injury to life, limb or health,
in case of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
to the extent that the scope of application of the Product Liability Act has been opened up.

In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. settlement of disputes
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/
We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration body.

11. final provisions
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.

AGB provided with the Trusted Shops Rechtstexter in co-operation with Wilde Beuger Solmecke attorneys.

Status: July 2017