Lingenio GmbH Heidelberg
General terms and conditions
As of 11 November 2011
The following terms and conditions were originally worded in German.
You as the Customer may save and print out as many copies of these
terms and conditions you may need for future reference. You can also
request these terms and conditions in digital or printed form from the
address Karlsruher Str. 10, 69126 Heidelberg, by fax (06221 619766),
or by email (info@lingenio.de). In addition, they are enclosed for you in
every delivery. The address for deliveries and the authorised representatives
of Lingenio GmbH can be found from the invoice.
1. Scope
The following general terms and conditions apply exclusively to all
business relations between Lingenio GmbH (hereafter Lingenio) and
you as the Ordering Party. Lingenio expressly states that the general
terms and conditions of the Customer will not be included in the terms of
contract, even when Lingenio does not specifically exclude them.
2. Selection of products
Lingenio offers products for sale online at http://www.lingenio.de. The
website lets customers select and order products. The products details
are presented separately on their respective web pages. All prices are
given together with the statutory value added tax. Before shipping your
order, Lingenio allows you to examine and if necessary correct the
details of your order, in particular with respect to price and quantities.
3. Prices
All orders are subject to the list prices as they are presented on the
website at the time of ordering. Prices include the statutory value added
tax applicable in Germany, but not the costs for postage and packing.
Customers abroad may be exempt from this value added tax in accordance
with the international regulations pertaining thereto.
4. Conclusion of contract
The offers made by Lingenio are not binding. All products are available
only while stocks last. Lingenio is not obliged to deliver goods or render
services when these become unavailable.
A contract is deemed to be concluded between Lingenio and you as the
Customer when your order has been confirmed in writing by Lingenio.
Cancellation policy
You may cancel your contract within fourteen (14) days without giving a
reason, either in text form (e.g. letter, fax, or email) or, if the goods have
been delivered to you before the expiry of this period, through return of
the goods. The period begins upon receipt of this policy in text form, but
not before the goods arrive at the recipient (or, in the case of recurrent
deliveries of the same type of goods, not before the first partial delivery
is received) and not before we have discharged our obligation to inform
as defined by Article 246 § 2 in conjunction with § 1 Para. 1 and 2 of the
EGBGB (introductory act to the German civil code) and our obligations
under § 312e Para. 1 Clause 1 of the BGB (civil code) in conjunction
with Article 246 § 3 of the EGBGB. The cancellation period is deemed
observed when the cancellation or goods are dispatched in due time.
Notices of cancellation must be directed to: Lingenio GmbH, Karlsruher
Str. 10, 69126 Heidelberg, by fax to: (06221) 619766, or by email to:
info@lingenio.de.
Consequences of cancellation
In the case of effective cancellation, both parties must return or refund
the goods or services received as well as any other benefits gained from
their use (e.g. interest). If you are unable to return or refund to us all or
part of the services received, or return to us the same only in a deteriorated
condition, you are obliged to compensate us accordingly. In the
case of delivered goods, this does not apply when the deterioration of
goods is brought about solely by a trial thereof, such as you may have
performed e.g. in a retail shop. In all other cases, you may avoid the
obligation to compensate us for any deterioration of goods caused by
their intended use by not using the goods as your own property and
refraining from all activities that may affect their value. Goods that can
be shipped in parcels are to be returned at our risk. You must bear the
costs of returning the goods if the delivered goods are as ordered and if
the price of the returned goods does not exceed €40, or, in the case of
goods with a higher price at the time of cancellation, when you have not
effected the compensation or a part payment agreed by contact. In all
other cases, your return of the goods is free of charge. Goods that
cannot be shipped as parcels will be retrieved from your address.
Requests for refunds must be met within thirty (30) days. This period
commences for you on the date you send us the goods or notice of
cancellation, for us on the date of their receipt.
Special notices
The right of cancellation granted to you as the Customer expires before
the due date when Lingenio has commenced providing the service with
your explicit consent before the end of the cancellation period or when
you as Customer have initiated this, e.g. through downloads, etc.
5. Implementation of the contract
Lingenio will handle an order within forty eight (48) hours and inform you
whether the ordered products are available.
If and when the ordered products are available, Lingenio will deliver
these within ten (10) working days following receipt of the order.
6. Terms of payment
Lingenio issues an invoice for the goods you have ordered that will be
handed to you on delivery of the goods. Lingenio delivers ordered goods
cash on delivery, following advance payment, or with enclosed invoice.
Any advance payments, including PayPal services, are duly considered
at the time of invoicing.
Shipments on account must be paid to the full amount within fourteen
(14) days at the latest following receipt of the invoice. All invoiced prices
are retail prices including the applicable value added tax.
In case of default on payment, you as the Customer, provided that you
are a consumer as defined under § 13 BGB (German civil code), are
obliged to pay default interest to the amount of 5% (five percent) above
the base interest rate. If you are an entrepreneur as defined under § 14
BGB (German civil code), you must pay default interest amounting to
8% (eight percent) over the base interest rate.
7. Terms of use
In the case of goods in the form of software, Lingenio grants you the
nonexclusive right to use the software simultaneously on as many
computers as the software packages (suites) you have purchased. You
receive ONE software package for each single user product. This right
of use applies to the buyer only and is not transferable. A software
package may be resold only with all of the appurtenant parts. In this
case, all retained copies must be destroyed. The regulations under § 69
of the UrhG (German copyright act) apply to duplication, editing, and
decompilation. Leasing is permitted only after special agreement.
8. Upgrade
For certain software packages in its product range, Lingenio offers
upgrade packages under specific conditions and against proof of ownership
of the corresponding formerly released software packages. Current
offers and conditions are published at http://www.lingenio.de.
On purchase of an upgrade, the customer is only entitled to replace the
formerly released version of the software with the upgrade package. By
purchasing an upgrade, the Customer agrees NOT to make any use or
disposition of the formerly released software package and the upgrade
package separately from each other. It is expressly forbidden to install
the existing software package and the upgrade package simultaneously
on separate computers or for separate users.
9. Warranty and liability
The statutory warranty conditions apply.
For an entrepreneur, the warranty is limited to one year and Lingenio
reserves the right to decide whether to repair the product or deliver a
replacement free of charge.
Lingenio is liable to the full amount of damages for gross negligence on
the part of its divisions and executive employees; in principle for all
culpable violations of basic contractual obligations; in addition and in
principle also for gross negligence on the part of fulfilment agents;
provided that Lingenio cannot contract out of this liability according to
commercial usage, in the last two cases to the amount of compensation
based on the usual, foreseeable damage. This does not affect liability on
the grounds of intent, warranty, malice, or personal injury, or liability
under the German Product Liability Act.
Lingenio accepts no liability for ensuring that the delivered software is
suitable for the Customer’s purposes or that it operates properly with the
software and hardware installed at the user’s location. This limitation of
liability does not apply to cases of intent or gross negligence.
10. Force majeure
In the event that Lingenio is unable to provide an outstanding service on
the grounds of force majeure, it is exempt from its obligation to provide
this service for the duration of this force majeure. If Lingenio is unable to
execute an order or delivery for longer than one month on the grounds
of force majeure, you as the Customer are entitled to annul the contract.
11. Privacy policy
Lingenio will respect all its obligations under the data protection laws, in
particular as specified in the TMG (German Telemedia Act).
In accordance with these laws, Lingenio may compile, process, and
utilise the inventory data, invoicing data, and usage data it collects from
the Customer provided that this is conducive to the fulfilment of this
contract. For all other purposes, customer data may be utilised only with
the Customer’s consent, unless this consent can be derived otherwise
from the applicable laws. The Customer has the right at all times to
receive information free of charge on his stored personal details.
12. Conclusive proof clause and burden of proof
The data stored in electronic registers or other forms at Lingenio are
deemed permissible evidence of data transmissions, contracts, and
payments rendered between the parties.
13. Final provisions and venue
German law applies. If a provision of these terms is or becomes void,
this shall not affect the validity of the other provisions. Lingenio and the
Customer will replace the void provision with an effective provision that
best approximates the business intentions of both parties to the contract.
