1. General
(1) The General Terms and Conditions below apply to all offers and deliveries of EPATec GmbH. The customer’s counter-confirmations are hereby contradicted under reference to his own business or purchasing conditions. Deviations of these business conditions are only effective when EPATec GmbH confirms them in writing.
(2) Offers and deliveries of EPATec GmbH are exclusively reserved for commercial customers with companies within the EU, as well as Switzerland. A commercial customer is an individual or legal entity or a legally responsible partnership, which acts at the conclusion of a legal transaction in practice of its commercial or independently professional activity.

2. Offer and subject of contract
(1) Our range of goods offered is non-binding. The order of the customer represents an offer at the conclusion of a sales contract. The confirmation of the receipt of the order then sent out by EPATec GmbH and eventually the status reports do not represent an acceptance of the offer. The sales contract takes place as soon as we deliver the ordered product and confirm its dispatch to the customer.
(2) Construction and form changes which can be explained on the improvement in technology or on claims of the legislator are reserved during delivery time, provided that the changes to the article to be supplied are not significant and that they are considered reasonable by the customer.

3. Price, Packing and dispatch, partial deliveries
(1) Our prices are the prices mentioned in the shopping basket of our web page, when ordering. Divergent prices that will eventually be displayed on the site are represented; those (Browser- Cache, Proxies) are loaded from intermediate memories, which are not up-to-date or invalid. Our shopping basket cannot be stored intermediately. Our prices are valid, provided that there is no other written agreement, from the dispatch place and are exclusively for packing, freight and if necessary COD charges. All price quotations on our web page are without legal VAT and that will not be calculated if the customer is a commercial customer with a company within the EU (apart from Germany) with a valid VAT ID and also if the supplier country is within the EU.
(2) Prices of products, which are marked as an advance notice, are based on non-binding information from suppliers or manufacturers and can change until the appearance of the product. Products, which have been marked as an advance notice can be ordered for the price shown. By advance notices, EPATec GmbH can assure neither the price nor the publication date or the appearance. By eventual changes EPATec GmbH will contact the customer before execution of the order. If the customer does not agree with the changes, the order will not be carried out.
(3) Packages become the customer’s property.
(4) Packing and dispatch costs are the client’s responsibility. These are dependent on the mode of transport, the mode of payment, the weight and the dispatch aim. The customer is informed at confirmation of the receipt of the order and separately on the invoice. The choice of the mode of transport is carried out as required by the customer or in the context of the permitted possibilities in the best estimation. An overview of the different dispatch and payment possibilities as well as the corresponding prices is published on our web page.
(5) By partial deliveries, which are arranged or offered by EPATec GmbH, additional deliveries are at the expense of the customer, if not agreed differently. If the customer has any additional wishes concerning delivery, transportation costs are charged for every partial delivery made.

4. Delivery Period
(1) The probable delivery period depends on the product and will be communicated to the client with the confirmation of ordering, at the latest.
(2) In a subsequent impossibility EPATec GmbH is authorized to the resignation of the contract.

5. Danger transition and guarantee
(1) If the customer collects the product at the premises of EPATec GmbH, the responsibility of an accidental decline or an accidental damage become the responsibility of the customer with the handing over of the product. If EPATec GmbH sends the product to the customer, the danger of damage becomes the customer s responsibility with the handing over of the product from the Transporters to the customer.
(2) The guarantee starts with the delivery of the product and follows the legal regulations. If repairs or changes are carried out by the customer or by a third party without a written consent by EPATec GmbH, then every guarantee concerning the product is cancelled. Clause 2 does not apply if the customer proves that the damages were not caused by the changes carried out by him or the third party.
(3) EPATec GmbH does not accept any responsibility for the ordinary wear and tear of the goods as well as damages which arise from faulty or careless treatment or unusual operating conditions.

6. Limitations of liability
(1) The following limitations of liability don’t apply to damages, which are based on firm intention or gross negligence as well as to injuries of the life, the body or the health.
(2) Claims for compensation against EPATec GmbH and its assistants are limited only to a certain type of damages, independent of the legal justification, which EPATec GmbH has to take reasonably into consideration at completion of the contract. Provided that the damage doesn’t result from the breach of an essential contractual duty, compensation is limited to the tenfold amount of the order value at the most. The client is responsible for the security of his own data.

7. Payment
(1) Insofar not agreed differently, the invoices of EPATec GmbH are immediately due, without a discount.
(2) The customer has the choice of different modes of payment which are offered by the ordering sum, depending on the method of delivering and the dispatch aim. Different possibilities can be chosen in the shopping basket and are described also in the information area of our web page (see www.epatec.de).
(3) Insofar as not agreed differently, EPATec GmbH carries out the order only against payment by cash on delivery, pre-register or PayPal.
(4) Costs which arise from reversing entry of data transmitted to a payment transaction due to lack of coverage or due to data entered wrongly by the customer, will be charged to the customer.
(5) Checks are accepted only in fulfilment and can be given back at any time.
(6) If there is a delay in payment EPATec GmbH is authorized to calculate a default interest of 8 percent above the respectively valid base interest rate against the customer.
(7) Compensation is not permitted unless at counter demands appreciated by EPATec GmbH or stated finally. The retention of payments by the buyer is excluded because of counter-claims from other contractual conditions.

8. Reservation of Title
All products delivered by EPATec GmbH remain property of EPATec GmbH until the complete payment and up to the settlement of all claims from the contract of sale. This also applies to conditional claims.
The following regulations apply for commercial customers: EPATec GmbH has to be advised immediately of any access by third parties to products which are the property of or co-owned by EPATec GmbH. The customer bears costs for a third party complaint or costs for any legal proceedings arising from such interventions. The customer agrees that EPATec GmbH is fully protected from claims arising from resale or other legal justification regarding the reserved products including all balance claims from a current bank account. We authorize the customer, until withdrawn, to retract the claims sent to us on their invoice and under their own name. This preauthorized payment mandate can be revoked, if the customer does not respect his payment responsibilities.

9. Revocation Right for Commercial Clients
The legal revocation right is not valid for commercial clients. In the case of a return, EPATec GmbH has the right to a Handling charge (rental fee) of up to 500 EUR, VAT excluded, depending on the condition and utilization time of the returned device. The costs of a product return will be taken on by the buyer. If the product is not returned in its original packing, we have the right to claim Damages. Excluded from the return are audio or video recordings or software, provided that the delivered data has been unsealed by the customer himself.

10. Transferability of claims
The client does not have the right to the transfer of claims from the contract.

11. Data Protection
(1) Our data protection practice is in accord with the Federal Data Protection Law (BDSG) as well as the tele-service data protection law (TDDSG).
(2) The customer consents that his personal data is taken processed and used by EPATec GmbH for the fulfillment of its business purpose.
(3) The customer’s e-mail address will be used by EPATec GmbH in order to send information letters and, provided that the customer is in agreement, for customer care.
(4) EPATec GmbH will not disclose the customer’s personal information to third parties. Service partners who require the data for handling orders are excluded. However, in the above cases the size of the transmitted data will be confined to the required minimum.
(5) The customer has a right to be informed as well as a right to correct, freeze and delete his stored data. Provided that no legal or contractual storage obligations or other legal reasons are contrary to a deletion, the data will be deleted.

12. Final Regulations
(1) These General Terms and Conditions contain the entire rights and responsibilities of the contracted parties. If the contracted parties want to make any further agreements or have any further wishes it is required to present them in legally effective writing. This is also valid for any changes in the written agreement.
(2) The only place of jurisdiction for any disputes between the contracted parties, also for exchanges and refunds, is our main office:

EPATec GmbH
Droysenstr. 5
D-10629 Berlin
Germany

(3) German Law applies exclusively with the exception of UN-buyer regulations.
(4) Should one of the above definitions not be effective, then this does not hinder the effectiveness of other regulations. Ineffective definitions will be replaced by such effective regulations, meeting the purpose of the agreement or at least getting close to it.