General Terms of Business

This is a translation from German. NewMedia-NET GmbH is not responsible for the correctness of this translation. In the case of any disputes, only German Law is applicable.

The following General Terms of Business (Terms) apply to orders. Customers can print or save these Terms in a reproducible form at their discretion.

Address

NewMedia-NET GmbH
represented by the managing directors P.Steinhaeuser and C.Scheele
Berliner Ring 101
64625 Bensheim
Germany
Telephone: +49 (6251) 582650
Telefax: +49 (6251) 5826565
email: shop@dd-wrt.com
URL: http://www.dd-wrt.com

Register court: Bensheim County Court
Registration number: HRB 25473
VAT ID number: DE 189 944 051

  1. Scope

    The following Terms apply to all orders customers submit to us electronically, by telephone, by fax, by post or by email. The customer accepts these on every order. Deviating, contrary or supplementary Terms will not become part of the contract unless their validity is expressly agreed upon in writing. Any form-type indication to business terms and conditions of the customer is rejected.
     
  2. Definitions

    The following definitions apply: Consumers in the sense of the Terms are natural persons with whom business relations are entered without them exercising a commercial, self-employed or freelance activity. Tradesmen in the sense of these Terms are natural or legal entities or legal responsible business partnerships with whom business relations are entered and who are in pursuance of a commercial, self-employed or freelance activity. Customers in the sense of these Terms are both consumers and businessmen.
     
  3. Conclusion of Contract

    The presentation of our range on the Internet does not represent an offer in the sense §§ 145 ff. BGB (German Civil Code). The customer submits a binding offer to buy when ordering by email, fax or telephone. We are entitled to accept the order by supplying the goods or by sending a notification of dispatch by email within 14 days of receipt of order. Acceptance takes place under reserve of the availability of the goods, especially under reserve of our suppliers delivering the goods to us correctly and punctually. This only applies in case we are not responsible for non-delivery. Should the goods not be available at the supplier’s, we will inform the customer immediately and reimburse any possible counter-performances made by the customer immediately. A confirmation of receipt of order email that is automatically generated and sent by the system after receipt of the customer’s order or the taking of an order placed by telephone does not represent a binding acceptance of order by us. Sales of goods we offer only take place in usual household amounts.
     
  4. Prices and Terms of Payment

    The prices listed on the Internet at the time of ordering apply. The prices stated are final prices; that means they include the respective valid statutory value added tax and packaging costs. They do not include costs of transport insofar as no deviating arrangement has been made. The customer is only entitled to compensation, even if claims or counterclaims are asserted, if the counterclaims are declared legal, are accepted by us or are indisputable. The customer is only authorized to exercise the right of retention if his counterclaim is based on the same sales.
     
  5. Delivery and Transport

    The goods ordered are delivered by the manufacturer as soon as possible within the scope of availability. Should not all goods be available in stock, we reserve the right to part deliveries. We charge a delivery flat rate for each order. In the case of cash on delivery, an additional cash on delivery fee will be charged per delivery. Express delivery is effected against payment of an express delivery fee per delivery. For deliveries of goods (consignments weighing more than 31 kg or consignments weighing less than 31 kg but being particularly bulky), an additional fee will be charged per delivery. The delivery charges stated at the time of ordering apply.
     
  6. Time of Delivery and Performance

    1. Delivery dates and periods that have not been expressly agreed upon as binding are solely without engagement.
       
    2. Should we culpably not be able to meet a delivery date expressly agreed upon or default for other reasons, the customer has to grant us an appropriate grace period commencing from the day of our receiving the written notice of default or in the case of a calendrical determined period. After the unsuccessful expiry of this grace period, the customer has the right to withdraw from the contract.
       
    3. We are liable according to the statutory regulations and subject to the following limitations if the agreement is based on a transaction for delivery by a fixed date or as a result of delayed delivery caused by us, the customer refers to the discontinuance of his interest in the fulfilment of the contract.
       
    4. We are liable to the customer in the case of delayed delivery according to the statutory regulations if the delay in delivery is based on a deliberate or reckless breach of duty that we are responsible for. We are liable for the fault of our agents or subcontractors. If we are not responsible for the delay in delivery and it is not based on a deliberate or reckless breach of contract by us, our liability is limited to foreseeable and typically eventuating damage.
       
    5. Is the delay in delivery that we are responsible for based on the culpable breach of an essential contractual duty or a cardinal duty, we are liable according to the statutory regulations. In this case, the liability for damage is limited to foreseeable and typically eventuating damage.
       
    6. We have the right to effect part deliveries and part performances at any time insofar as this is reasonable for the customer.
       
     
  7. Right of Withdrawal for Consumers

    The following right of withdrawal applies solely to consumers: The customer can withdraw his contract within one month without giving any reason in writing (e.g. letter, fax, email) or by sending back the item(s). The term commences on receipt of this indoctrination in writing. The timely sending off of the withdrawal of the item(s) is sufficient for keeping to the withdrawal term.

    The withdrawal is to be sent to:
    NewMedia-NET GmbH
    Berliner Ring 101
    64625 Bensheim
    Germany

    Telephone: +49 (6251) 582650
    Telefax: +49 (6251) 5826565
    email: shop@dd-wrt.com
    URL: http://www.dd-wrt.com

    Registry court: Darmstadt County Court
    Registration number: HRB 25473
    Value added tax ID number: DE-189 944 051
    The Consequences of Withdrawal

    In the case of an effective withdrawal, both parties are to return the performances received from the other party and where applicable hand out drawn benefits (e.g. advantages). If the customer is not able to return the received performances in whole or part or only in damaged condition, he has to compensate where applicable. This does not apply if the damage to the goods would only have been recognizable on inspection, as would have been the case in a store. Otherwise, the customer can avoid the obligation of compensation for the damage incurred through the intended use of the goods by not using the goods like his own property and by forbearing everything that impairs their value. Note: Goods mailable in a parcel are to be returned at our risk. The customer has to bear the costs of returning if the supplied goods correspond with the ordered goods and if the price of returning the goods does not exceed € 40.00 or if the customer, in the case of a higher price of the goods, has not yet effected a counter-performance or a contractually agreed part-payment at the time of withdrawal. Otherwise, the returning of the goods is free-of-charge for the customer. Goods that cannot be sent per parcel will be collected from the customer.
     
  8. Payment

    Payment can be effected by payment in advance, credit card (Visa/Mastercard), Giropay, direct debit, cash on delivery, PayPal or Moneybookers. Payment on invoice is possible for businessmen on arrangement.

    In the case of payment per Giropay, the invoice amount is debited when the customer initiates the transaction per PIN and TAN procedure.

    If payment by direct debit has been agreed upon, the customer has to bear the costs for charge backs that are attributable to his fault, especially as a result of insufficient funds as well as the fees charged by the banks involved as well as a processing fee of € 5.00 insofar as NewMedia-NET GmbH does not reveal a higher or the customer a lower disadvantage.

    In the scope of payment handling and payment tracking, an exchange of necessary customer data (name, address, email address, details for payment handling) may possible take place with the following service providers:
    VR-ePay© (credit card, Giropay, direct debit):

    GAD eG
    GAD-Straße 2-6
    48163 Münster, Germany

    Tel: 0251 7133 - 01
    Fax: 0251 7133 - 1500
    email support.vr-epay@gad.de
    http://vr-epay.info
    Paypal©:

    PayPal (Europe) S.á r.l. & Cie, S.C.A.
    22-24 Boulevard Royal
    L-2449 Luxembourg

    Authorized representative: Brent Bellm
    Commercial registration number: R.C.S. Luxembourg B 118 349
    http://www.paypal.de
    Moneybookers©:

    Moneybookers
    Merchant Services
    Welken House
    10-11 Charterhouse Square
    London EC1M 6EH
    United Kingdom
    http://www.moneybookers.com

     
  9. Legal Ownership, Concession of Rights

    1. The customer acknowledges that software released by us is protected by §§ 69a ff. Copyright Act. The handbook is protected by copyright according to § 2 Copyright Act.
       
    2. We grant the customer the simple, not sole and only in accordance with Item 10 transferable, valuable right to use the programme in the scope of and in conjunction with the associated hardware.
       
    3. The user is only authorized to reproduce insofar as this is necessary for conventionary use. He is permitted to create a backup copy. Use of the product exceeding own personal use is forbidden, in particular the copying of the product onto further storage mediums or the duplication of any kind for external use.
       
    4. Reverse engineering, decompiling and disassembly of the software are not permitted beyond the tight limitations of the Copyright Act.

     
  10. Transfer

    The ownership or possession of the product may be transferred to a third party as the software is adapted to the hardware insofar as:

    1. the ownership or the possession of the associated hardware is passed on to the third party;
       
    2. the recipient agrees with the provisions of these Terms in writing;
       
    3. all items of contract with all accompanying written material are passed on
       
    4. the latest updated version is passed on including all earlier versions.

     
  11. Retention of Title

    All goods supplied remain our property until fully paid for. The retention of title extends to items distributed and in the case of resale to the claim for the purchasing price (extended retention of title).
     
  12. Warranty

    1. In the case of justified complaints, we are, under exclusion of the customer‘s rights to withdraw from the contract or lower the purchasing price, obliged to supplementary performance unless we are justified to refuse supplementary performance due to statutory regulations. The customer has to grant us a suitable period for supplementary performance.
       
    2. Supplementary performance can be effected at consumer’s option by means of removal of the defect or by supplying new goods. The seller does not have this right to choose. In the course of supplementary performance, the customer is not permitted to lower the price or withdraw from the contract. The second unsuccessful attempt to remove the defect is regarded as failed. If supplementary performance has failed, the customer can choose between demanding a lower purchasing price (reduction) or declaring withdrawal from the contract.
       
    3. The customer can only make claims for damages due to the defect according to the following regulations if supplementary performance has failed. The customer’s right to raise a claim for further damages according to the following regulations will remain unaffected.
       
    4. Operating errors, damage caused by improper use, connection or assembly as well as storage or interference by third parties are not covered by the warranty.
       
    5. Warranty claims by the tradesman require him to have duly met his due obligations to examine and give notice of defects according to § 377 HGB (German Code of Commercial Law). The statute of limitations for new goods is 1 year for tradesmen. Claims for defects in the case of second-hand goods do not exist.
       
    6. The warranty period for consumers for second-hand goods is 1 year.

     
  13. Guarantee

    We shall grant no guarantee on the items in the range. Guarantees issued by the manufacturer constitute a separate legal relationship between the customer and the manufacturer. That means that claims from a guarantee issued by third parties (usually the manufacturer) do not constitute any claim against us. All claims from guarantees shall be asserted against the guarantor (usually the manufacturer).
     
  14. Limitation of Liability

    1. It is known to the customer that absolutely faultless products are not technically possible, although we do our best for contentual and technical perfection.
       
    2. We cannot be made reliable for damage caused by simple negligence insofar as no contractually essential obligations, damage accruing from injury to life, body or health or those relating to guarantees or claims according to the product liability law are affected. The same applies to breaches of duty of one of our legal representatives or agents. We are not liable for any data loss of the customer on storage media bought from us insofar as we can only be blamed for simple negligence. In the case of breach of contractually essential obligations, liability is limited in the case of simple negligence to damage that is typically connected to the contract and is foreseeable. Insofar as we have issued a guarantee of quality and/or durability on the goods or parts of them, we are liable within the scope of the guarantee. However, we are only liable for damage based on the lack of the quality or durability guaranteed that does not directly appear on the goods, if the risk of such damage is clearly included in the guarantee of quality and durability.
       
    3. We are also liable for damage that we cause by simple negligible breach of such contractual duties, the fulfilment of which enables the proper performance of the contract and whose compliance the customer regularly trusts and may trust. The same applies if the customer is entitled to claims for damage instead of the performance. However, we are only liable insofar as the damage is related to the contract in a typical way and is foreseeable.
       
    4. Further liability on our part is excluded regardless of the legal nature of the claim made; this applies in particular to tort claims or claims for replacement of expenditures in vain instead of performance; our liability concerning default will remain unaffected in accordance with our terms. Insofar as our liability is excluded or limited, this also applies to the liability of our staff, employees, representatives and agents.

     
  15. Data Protection, Credit Assessment

    According to § 33 Section 1 Federal Data Protection Act, it is pointed out to the customer that we store the customer’s personal data in a machine-readable form and process it in the scope of the purpose of the contractual relationship existing with the customer. The purpose includes in particular the delivery and invoicing as well as registration for the hotline. All data is treated strictly confidentially. The data is not passed on to third parties. The customer expressly agrees to this elicitation, processing and use. He is authorized to view his data at any time and change or have the details deleted.
     
  16. Court of Jurisdiction, Place of Fulfilment, Applicable Law

    This agreement solely underlies the law of the Federal Republic of Germany. Insofar as the customer is a tradesman, Darmstadt is the court of jurisdiction; we are, however, entitled to institute proceedings against the customer at the court of his place of residence. Place of fulfilment for tradesmen is Darmstadt. Court of jurisdiction and place of fulfilment is solely Darmstadt for customers from other EU member states. Should these terms not become part of the contract as a whole or in part or become ineffective, the remaining contract will remain effective. Insofar as the provisions do not become part of the contract as a whole or in part or become ineffective, the content of the contract is determined by statutory regulations. The contract is only then ineffective if the adherence to it even in due consideration of the changes to be made according to statutory regulations would place undue hardship on one contractual party.
     
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