I. General Terms and Conditions of Business

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as provider (Olaf Eilers) via the website www.ecuware.com/patcher/ or via other means of telecommunication. Unless otherwise agreed, the inclusion of your own conditions, if applicable, is contradicted.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the provision of services (modification of your files).

(2) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

§ 3 Performance of services

(1) We owe the individual services resulting from the respective offer. We do this to the best of our knowledge and belief, either personally or through third parties.

(2) You are obliged to cooperate if further information has to be made available to us for the provision of the service. In particular, you must provide us with the file to be modified via the upload function on our website or by e-mail, with your request for quotation or at the latest immediately after conclusion of the contract. Our possible specifications for file formats must be observed.

(3) You agree not to transmit any files whose content or modifications (as part of the provision of services) infringe the rights of third parties (copyrights, naming rights, trademark rights or other property rights) or violate existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

§ 4 Right of retention

You can only exercise a right of retention if it concerns claims from the same contractual relationship.

§ 5 Choice of law

(1) German law applies. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Sales Convention expressly do not apply.

II. customer information

1. Identity of the seller

Alternative dispute resolution:

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

2 Information on the conclusion of the contract

The contract is concluded in accordance with § 2 of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contractual language is German.

3.2 We do not store the complete text of the contract.
You will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential characteristics of the service

The main features of the service can be found in the respective offer.

5. Prices and payment methods

5.1 The prices quoted in the respective offers represent total prices. They include all price components including all applicable taxes.

5.2 The payment methods available to you are indicated under an appropriately designated button on our website or in the respective offer.

5.3 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery conditions

The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.

7. Statutory liability for defects 

The statutory rights of liability for defects exist. 

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.

last update: 27.03.2018