General Terms and Conditions (GTC)
§ 1 - General
The following General Terms and Conditions (GTC) apply exclusively to the business relationship between you as a customer and "NEURONprocessing - Institute, Think Tank and Academy for Perception, Brain & Future Research" (private institute: Thomas Tankiewicz) (hereinafter referred to as "us").
The GTC can be accessed at any time on our homepage. You can download, save or print the text. The version of the GTC on our homepage is binding. Only insofar as we have expressly confirmed deviating agreements in writing shall these apply, but without effect for future transactions.
For the use of the shopping cart it is necessary to write cookies on your computer.
§ 2 - The order of goods, conclusion of the contract
The order is placed by submitting the completely filled order form (shopping cart) to us and is binding. We will confirm your order immediately. Upon receipt of the confirmation, the contract between you and us is concluded. The text of the contract will be stored by us and made available to you by email upon request. There is no minimum order value.
§ 2a - Not all posted items are available for purchase
Since our Internet platform is not only an information collection, but also a store / shopping cart, each purchasable item has a price in euros. Purchasable are exclusively the items designated as goods or services with a price greater than 0.00 euros.
§ 3 - Delivery and shipping costs
See "Delivery & Shipping Costs
§ 4 - Prices and invoicing
All stated prices are gross final prices in Euro. We issue an invoice with VAT shown.
§ 5 - Warranty
The goods delivered or provided by us (especially products & services) are new goods, unless this is expressly stated otherwise in the description. Usually these products are shrink-wrapped, but this need not always be the case, as some suppliers also deliver unwelded goods. If the delivered goods are defective, we will replace them within 4 weeks from the date of delivery. For this purpose it is necessary that you send us the defective goods. If these goods are no longer available from us, you will be refunded the purchase amount.All goods travel at the risk of the buyer, please report any transport damage immediately to the respective transport company.
§ 6 - Revocation and return
We grant you a right of exchange of 14 days after receipt of delivery. Only faultless, unused goods can be exchanged. In the event of a return to us, you are obliged to pay sufficient postage for the shipment. These shipping costs will not be reimbursed by us.
§ 7 - Retention of title
The goods shall remain the property of the Seller until settlement of the claims to which the Seller is entitled on the basis of the purchase contract. If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur pursuant to § 14 of the German Civil Code (BGB) for whom the contract is part of the operation of its commercial business, the retention of title shall apply to the claims that the Seller has against the Buyer from its ongoing business relations. Machining and processing shall be carried out to the exclusion of the acquisition of ownership pursuant to § 950 BGB. The processed goods shall serve as security in the amount of the invoice value of the processed goods subject to retention of title. In the event of resale of the goods, the Buyer shall assign to the Seller any claims arising therefrom. The assigned claim serves as security for the purchase price claim, in the case of a current account the balance claim, in the amount of the invoice value of the goods sold.At the Buyer's request, the Seller shall be obliged to waive the retention of title if the Buyer has fulfilled all claims in connection with the object of purchase and adequate security exists for the remaining claims from the current business relationship.
§ 8 - Conclusion of a service contract
A contract shall be concluded when "NEURONprocessing" has confirmed acceptance of the order in writing or has commenced actual performance of its services.Offers of "NEURONprocessing" are always subject to change and non-binding. "NEURONprocessing" may make the conclusion of the contract dependent on the presentation of a written proof of power of attorney, an advance payment or the guarantee declaration of a German bank.
§ 9 - Termination
Unless otherwise agreed in the contract between the parties, the contractual relationship may be terminated with three months' notice to the end of a calendar month after expiry of any agreed minimum term. The right to extraordinary termination for good cause shall remain unaffected.
Cancellations must be made in writing to be effective.
§ 10 - Scope of services
"NEURONprocessing" provides the customer with access to the existing communication infrastructure and the use of value-added services. Details and scope of the service result conclusively from the contract.
Insofar as "NEURONprocessing" provides additional services and performances free of charge outside of the contractual agreement, these may be discontinued at any time. A reduction or compensation claim of the customer or a right of termination does not result from this.
"NEURONprocessing" is entitled to change, reduce or supplement the form and content of the range of services resulting from the contract, as well as to cancel access to individual services, if and to the extent that the purpose fulfillment of the contract concluded with the customer is not or not significantly impaired as a result.
§ 11 - Duties and obligations of the customer
The customer is obliged to use the "NEURONprocessing" services properly. In particular, he is obliged to,
"NEURONprocessing" without delay of any changes in the contractual basis;
"NEURONprocessing" immediately of any changes in the conditions of the tariff classification;
Not to misuse the access possibilities to the "NEURONprocessing" services and to refrain from illegal and/or unlawful actions. This includes, in particular, refraining from any attempt to do so,
- to use the access of other participants of the "NEURONprocessing" services without authorization, - to use services not agreed upon in the contract between "NEURONprocessing" and the customer without authorization, - to decrypt passwords of other participants of the "NEURONprocessing" services or of the system operator, - to read e-mails of other participants of the "NEURONprocessing" services without authorization, - to distribute licensed application software for individual applications via the "NEURONprocessing" services without authorization, - to interrupt or block communication services, e.g. due to overload, insofar as the Customer is responsible for this, - to distribute or make accessible criminal contents of any kind via "NEURONprocessing" services.- This applies in particular to pornographic content, content glorifying violence or content that is directed against the free democratic basic order or the idea of international understanding, as well as propaganda material and symbols of unconstitutional parties and associations or their substitute organizations, - to obtain for himself or third parties the possession of pornographic content that deals with the sexual abuse of children.
To ensure compliance with legal regulations and official requirements, insofar as these should be relevant at present or in the future:
1. take account of and comply with the applicable provisions of data protection and the recognised principles of data security;
2. to notify "NEURONprocessing" immediately of any recognizable defects or damage (fault reports) and to take all measures which enable the defects or damage and their causes to be determined or which facilitate and accelerate the elimination of the fault;
3. after submitting a fault report, to reimburse "NEURONprocessing" for the expenses incurred by the inspection of its equipment, if and to the extent that it turns out after the inspection that a fault occurred within the customer's area of responsibility;
4. to reimburse "NEURONprocessing" for material and personnel expenses incurred and expenses incurred in the event of contractual infringement.
If the customer violates the obligations mentioned in paragraph 1 lit. b) and c), "NEURONprocessing" is entitled to terminate the contractual relationship without notice immediately and in the other cases with the exception of lit. g) and h) after unsuccessful warning.
Details of the interaction of the users among each other can be agreed upon by way of user rules. Violations of essential provisions of these user rules entitle "NEURONprocessing", after unsuccessful warning, to terminate the contractual relationship without notice.
In the cases of paragraph 1 lit. c), "NEURONprocessing" is authorized, in addition to the right to termination without notice, to block access to the services resulting from the scope of services with immediate effect upon becoming aware of a violation by the customer of the type listed therein.
§ 12 - Use by third parties
Direct or indirect use of the "NEURONprocessing" services by third parties is only permitted with the express written consent of "NEURONprocessing". "NEURONprocessing" may make the permission dependent on the payment of an additional fee.
If the use by third parties is permitted, the customer must properly instruct them in the use of the services. The customer shall be liable to "NEURONprocessing UG" for compliance with the contractual provisions by the third party in the same way as he himself would be liable for their compliance.
If the use by third parties is not permitted, this shall not result in any claim for reduction or damages or right of termination on the part of the customer.
The Customer shall also pay the charges incurred within the scope of the access and use options made available to him by authorized use of the "NEURONprocessing" services by third parties. The same shall apply in the event of unauthorized use of the services by third parties, unless the Customer proves that the unauthorized use was caused by circumvention or cancellation of the "NEURONprocessing" security devices, for which the Customer is not responsible.
§ 13 - Terms of payment
Unless otherwise contractually agreed, "NEURONprocessing" shall invoice the Customer for the agreed services at the rates or fees and conditions applicable at the time, plus the statutory value-added tax applicable at the time. Fixed fees shall be invoiced monthly or annually in advance. The respective fees shall be due for immediate payment without deduction upon issuance of the invoice.
If the charge is to be paid for parts of a calendar month irrespective of consumption, these shall be calculated at 1/30 of the monthly charge for each day.
Line and communication costs (telephone charges) between the customer and the "NEURONprocessing" connection point are to be borne by the customer. Insofar as separate costs (e.g. terminal adapter, exclusive modem provision, etc.) are incurred for a connection on the "NEURONprocessing" side, these will be invoiced separately to the customer.
§ 14 - Right of set-off and retention, default in performance
The Customer may only offset against the claims of "NEURONprocessing" with undisputed or legally established claims. The customer shall only be entitled to assert a right of retention due to such counterclaims that result from the same contractual relationship as those claims against which the right of retention is asserted.
Claims for damages due to delivery and service disruptions are excluded, unless "NEURONprocessing" is responsible for them due to intent or gross negligence.
If a disruption of the "NEURONprocessing" services, which is considerable, lasts longer than one week and an actual downtime period of more than 3 working days is reached, the customer is entitled to reduce the monthly fees accordingly from the time of occurrence until the disruption ceases. A significant impediment exists if - the customer can no longer access the "NEURONprocessing" infrastructure for reasons for which the customer is not responsible and thus can no longer use the services listed in the contract and - the use of these services is significantly impeded overall or the use of individual services listed in the contract becomes impossible or comparable restrictions exist.
In the event of failure of services due to a malfunction outside the area of responsibility of "NEURONprocessing", the reduction is excluded. The same applies to the failure of services due to necessary business interruptions according to § 10 of the GTC.
§ 15 - Default in payment
In case of default of payment, "NEURONprocessing" is entitled to claim default interest in the amount of 4 % above the respective discount rate of the Deutsche Bundesbank p.a.. If "NEURONprocessing" is able to prove a higher damage caused by default, it is entitled to claim it. The customer is entitled to prove to "NEURONprocessing" that no damage or a significantly lower damage has been incurred as a result of the delay in payment.
"NEURONprocessing" may terminate the contractual relationship extraordinarily without observing a period of notice or assert a right of retention to the services incumbent upon it if the customer is in default of payment of the remuneration owed in whole or in part for more than two months, "NEURONprocessing" has sent the customer a reminder setting a deadline and has pointed out the possible consequences of the termination and the right of retention.
NEURONprocessing" reserves the right to fulfill legal regulations and official requirements of further claims.
§ 16 - Availability of services
"NEURONprocessing" provides its services 24 hours a day, 7 days a week. Necessary service interruptions for preventive maintenance work will be announced as early as possible. "NEURONprocessing" will eliminate malfunctions of its technical facilities as quickly as possible within the existing technical and operational possibilities.
§ 17 - Liability and limitation of liability
Claims for damages arising from the contract, from culpa in contrahendo, positive breach of contract and tort are excluded both against "NEURONprocessing" and in relation to its vicarious agents/associates, unless there is intent or gross negligence or warranted characteristics are missing.
"NEURONprocessing" is not liable for third party information transmitted via its services, its completeness, accuracy or timeliness, or that it is free of third party rights or that the sender is acting lawfully, unless there is intent or gross negligence on the part of "NEURONprocessing".
Unless other provisions of these terms and conditions exclude liability, this shall be the case vis-à-vis customers who are fully qualified merchants in the event of damage caused - by the use of "NEURONprocessing" services, - by the transmission and storage of data by "NEURONprocessing", - by the use of transmitted programs and data by "NEURONprocessing", - by the omission of checks regarding stored or transmitted data pages of "NEURONprocessing" or - because the required storage or transmission of data by "NEURONprocessing" did not take place,
limited to the amount of the proven foreseeable damage.
The Customer shall be liable for all consequences and disadvantages incurred by "NEURONprocessing" or third parties due to the improper or illegal use of the "NEURONprocessing" services or due to the fact that the Customer does not comply with his other obligations.
"NEURONprocessing" is not liable for any damage caused by the fact that "NEURONprocessing" services are not provided as a result of war or armed conflict, force majeure or as a result of labor disputes.
§ 18 - Data protection
Insofar as we collect and store personal data from you for the processing and execution of orders, these are treated as strictly confidential. We do not pass on this data to third parties. This does not apply to the partner companies involved in the processing of the contract. You are aware and agree that the personal data required exclusively for order and order processing will be stored on data carriers. You consent to the collection, processing and use of your personal data within the scope of the business activities of "NEURONprocessing". You can revoke this consent at any time with immediate effect for the future. In this case, we commit ourselves to the immediate deletion of your personal data, unless an order process has not yet been fully completed.
§ 19 - Final clause
If individual provisions of these General Terms and Conditions are invalid, this shall not affect the validity of the other provisions and the contract and these General Terms and Conditions shall otherwise remain effective for both parties. Any invalid provision shall be replaced by the applicable law.
§ 20 - Jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if orders are placed from abroad or deliveries are made abroad. The exclusive place of jurisdiction is Hamburg. For non-merchants, this agreement shall only apply in the absence of a domestic place of jurisdiction.If you have your residence or habitual abode abroad, the place of jurisdiction for all claims in connection with your order is also Hamburg.