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 UG" (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 out 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 saved by us and made available to you by email on 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 shop / shopping cart, each purchasable item has a price in euros. Purchasable are exclusively the articles designated as goods or services with a price greater than 0.00 Euro.
§ 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. As a rule, these products are shrink-wrapped, but this does not always have to 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 price.
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 his commercial business, the retention of title shall apply to the claims which the Seller has against the Buyer from his ongoing business relations. Machining and processing shall be carried out to the exclusion of the acquisition of ownership in accordance with § 950 BGB. The processed goods serve as security in the amount of the invoice value of the processed reserved goods. 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 sold goods.
At the request of the buyer, the seller is obliged to waive the reservation 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 is concluded when " NEURONprocessing UG" has confirmed acceptance of the order in writing or has commenced with the actual performance of its services.
Offers from "NEURONprocessing UG" are always subject to change and non-binding. "NEURONprocessing UG" can make the conclusion of the contract dependent on the presentation of a written proof of power of attorney, an advance payment or the declaration of guarantee of a German bank.
§ 9 - Termination
Unless otherwise stipulated 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 remains unaffected.
Cancellations must be made in writing to be effective.
§ 10 - Scope of services
"NEURONprocessing UG" 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 UG" provides additional services and performances free of charge outside of the contractual agreement, these can be discontinued at any time. A reduction or compensation claim of the customer or a right of termination does not result from this.
"NEURONprocessing UG" 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 insofar as the fulfilment of the purpose of the contract concluded with the customer is not or not significantly impaired by this.
§ 11 - Duties and obligations of the customer
The customer is obliged to use the " NEURONprocessing UG" services properly. In particular, he is obliged to,
" NEURONprocessing UG" immediately about changes of the contractual bases;
"NEURONprocessing UG" immediately of any changes in the conditions of the tariff classification;
Not to misuse the access possibilities to the "NEURONprocessing UG" services and to refrain from illegal and/or unlawful actions. This includes in particular the attempt to refrain,
- to use the access of other participants of the " NEURONprocessing UG"- services without authorization,
- unauthorized use of services not agreed upon in the contract between " NEURONprocessing UG" and the customer,
- decrypt passwords of other participants of the " NEURONprocessing UG" services or of the system operator,
- to read e-mails of other participants of the " NEURONprocessing UG"- services without authorization,
- to change files of other participants of the " NEURONprocessing UG"- services,
- for individual applications of licensed application software via the " NEURONprocessing UG" 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 services of " NEURONprocessing UG".
- 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 to propaganda material and symbols of unconstitutional parties and associations or their substitute organisations,
- obtaining for himself or herself or for a third party the possession of pornographic content involving 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 UG" immediately of any recognisable 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. to reimburse "NEURONprocessing UG" for the expenses incurred by the inspection of its equipment after the submission of a fault report, if and insofar as it is established after the inspection that a fault occurred within the area of responsibility of the customer;
4. to reimburse "NEURONprocessing UG" for the material and personnel costs incurred and the expenses incurred in the event of a contractual infringement.
If the customer violates the obligations mentioned in paragraph 1 lit. b) and c), " NEURONprocessing UG" is entitled to terminate the contractual relationship immediately and in the other cases with the exception of lit. g) and h) after unsuccessful warning without observing a period of notice.
Details of the interaction between the users can be agreed by way of user rules. Violations of essential provisions of these user rules entitle " NEURONprocessing UG" to terminate the contractual relationship without notice after unsuccessful warning.
In the cases of paragraph 1 lit. c), " NEURONprocessing UG" is authorised, in addition to the right to termination without notice, to block access to the services resulting from the scope of services with immediate effect if the customer becomes aware of a violation of the type listed there.
§ 12 - Use by third parties
Direct or indirect use of the " NEURONprocessing UG" services by third parties is only permitted with the express written permission of " NEURONprocessing UG". "NEURONprocessing UG" can make the approval 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 must also pay the fees which have arisen within the scope of the access and usage options made available to him through authorised use of the "NEURONprocessing UG" services by third parties. The same shall apply in the event of unauthorised use of the services by third parties, unless the customer proves that the unauthorised use was caused by circumvention or cancellation of the security devices of "NEURONprocessing UG", for which he is not responsible.
§ 13 - Terms of payment
Unless otherwise contractually agreed, " NEURONprocessing UG" shall invoice the customer for the agreed services at the respectively valid rates or fees and conditions plus the respectively valid statutory value added tax. Fixed fees are 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 connection point " NEURONprocessing UG" are to be borne by the customer. Insofar as separate costs (e.g. terminal adapter, exclusive modem provision, etc.) arise in the case of a connection on the "NEURONprocessing UG" side, these will be invoiced separately to the customer.
§ 14 - Right of set-off and retention, default in performance
The customer can only offset against the claims of "NEURONprocessing UG" with undisputed or legally established claims. The customer is only entitled to assert a right of retention due to such counterclaims which result from the same contractual relationship as those claims to which the right of retention is opposed.
Claims for damages due to delivery and service disruptions are excluded insofar as " NEURONprocessing UG" is not responsible for these due to intent or gross negligence.
If a disruption of the services " NEURONprocessing UG", 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 charges accordingly from the time of occurrence until the disruption ceases. A significant impediment exists if
- the customer can no longer access the "NEURONprocessing UG" infrastructure for reasons for which he is not responsible and therefore can no longer use the services listed in the contract and
- the use of these services as a whole is significantly impeded 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 disruption outside the area of responsibility of "NEURONprocessing UG", the reduction is excluded. The same applies to the failure of services due to necessary business interruptions in accordance with § 10 of the GTC.
§ 15 - Default in payment
In the event of default in payment, " NEURONprocessing UG" is entitled to demand default interest in the amount of 4 % above the respective discount rate of the Deutsche Bundesbank p.a.. If " NEURONprocessing UG" is able to prove a higher damage caused by delay, it is entitled to assert this. The customer is entitled to prove to " NEURONprocessing UG" that no damage or a considerably lower damage has arisen as a consequence of the delay in payment.
"NEURONprocessing UG" can 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 arrears with the payment of the remuneration owed in whole or in part for more than two months, " NEURONprocessing UG" has sent the customer a reminder setting a deadline and has pointed out the possible consequences of the termination and the right of retention.
The fulfilment of legal regulations and official requirements of further claims remains " NEURONprocessing UG" reserved.
§ 16 - Availability of services
" NEURONprocessing UG" offers 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 UG" will eliminate faults in its technical facilities as quickly as possible within the framework of 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 UG" and in relation to its vicarious agents/associates, unless there is intent or gross negligence or warranted characteristics are missing.
"NEURONprocessing UG" is not liable for the information of third parties transmitted via its services, their completeness, correctness or topicality or for the fact that they are free of the rights of third parties or that the sender is acting lawfully, unless there is intent or gross negligence on the part of NEURONprocessing UG".
Insofar as other provisions of these terms and conditions do not exclude liability, such liability shall be excluded vis-à-vis customers who are fully qualified merchants in the case of damage that is
- by the use of " NEURONprocessing UG" - services,
- by the transmission and storage of data by " NEURONprocessing UG",
- by the use of transmitted programs and data by " NEURONprocessing UG",
- by the omission of checks with regard to stored or transmitted data pages of the company " NEURONprocessing UG" or
- have arisen because the required storage or transmission of data by "NEURONprocessing UG" has not taken place,
limited to the amount of the proven foreseeable damage.
The customer shall be liable for all consequences and disadvantages incurred by "NEURONprocessing UG" or third parties due to the improper or illegal use of the "NEURONprocessing UG" services or due to the fact that the customer does not comply with his other obligations.
"NEURONprocessing UG" shall not be liable for damages resulting from the fact that " NEURONprocessing UG" services are not provided as a consequence of war or armed conflict, force majeure or as a consequence of industrial disputes.
§ 18 - Data protection
Insofar as we collect and store personal data from you for the processing and execution of orders, this data is 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 agree to the collection, processing and use of your personal data within the scope of the business activities of " NEURONprocessing UG". You can revoke this consent at any time with immediate effect for the future. In this case, we undertake to delete your personal data immediately, 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 valid for both parties. An 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.