Terms of Service

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§ 1 General / Scope
I. For the business relationship between Swisssonic GmbH and customers who are entrepreneurs according to § 14 BGB, the following general terms and conditions apply exclusively in the version valid at the time of the conclusion of the contract. These general terms and conditions can be called up, saved or printed out at any time at www.GolfSonic.de. All offers, deliveries and services including advice, training and service by Swisssonic GmbH are based exclusively on these terms and conditions.
II. Deviating general terms and conditions of the customer are not recognized unless Swisssonic GmbH expressly agrees to their validity in writing.
III. Swisssonic GmbH reserves the right to subsequently change the general terms and conditions. In such a case, Swisssonic GmbH will inform the customer of the changed conditions and clearly highlight them. If the customer does not agree to the changes, he can object within one month of receipt of the notification of change. If no objection is made during this period, the changes are considered approved.
IV. The customer accepts the general terms and conditions of Swisssonic GmbH by placing the order.
§ 2 conclusion of contract
I. In the case of orders for prints, advertisements and inserts, the client undertakes by the advertising deadline for the respective issue (can be viewed on the Internet) at the latest, the 15th of the previous month as the advertising deadline, reproducible data in accordance with the technical requirements (see media data) of the The contractor or a third party commissioned by him. If an advertising order is bindingly concluded for several issues, the client must notify the change to the advertisement by the advertising deadline, otherwise the last motif will be used and shall be deemed to have been approved.
The client is solely responsible for the delivery of the documents for the creation of the advertisement, adherence to the deadlines, examination of the advertisement motif as well as the examination of copyright and competition law aspects.
The same applies to the templates for the design of the screen advertisements.
II. For the website and the modules made available, the client undertakes to provide the material necessary for the placement of the Internet advertising (see media data) 14 days before the agreed placement date. The client is responsible for the documents supplied, the contractor is not responsible for documents that are incorrect, incorrectly labeled or not made available on time; this does not result in any reimbursement claims.
III. The presentation of goods and offers in brochures, advertisements, the Internet or the like and the granting of the option to order is not yet associated with a binding offer by Swisssonic GmbH. Offers in brochures, advertisements, the Internet or the like are subject to change and non-binding. The order by the customer represents an offer to Swisssonic GmbH to conclude a contract. The contract is only concluded if Swisssonic GmbH confirms the customer's order in writing or delivers the goods ordered. Information on dimensions, weight and other performance data as well as drawings and images of sales items are not binding and we expressly reserve the right to make changes due to technical progress. Side agreements, changes and additions are only effective with written confirmation from Swisssonic GmbH.
IV. The right of withdrawal is excluded for special orders, project orders, chip cards or the like with individual printing, photographic order work, computer systems or software if the seal on the packaging has been opened by the customer, or if it is a data carrier specially manufactured for the customer.
§3 advertising
I. Should it not be possible to print or place internet advertising on time for technical or content reasons or force majeure, the contractor may choose another equivalent replacement or place of placement. Should there be any major postponements, the client will be informed immediately.
II. The usual playback quality of the circuit depends on the technical standard and the respective equipment of the user.
III. In the case of color prints, we cannot object to deviations from the original; this also applies to the comparison of proofs and the respective print run.
IV. The advertising placed must be checked for errors by the client immediately after publication and a complaint must be made within one week. Otherwise the error is considered approved. In the case of print products, the print approval from the client applies.
V. The contractor can note placement requests and try to implement them if possible, but this cannot be guaranteed. Placement requests require a placement surcharge of 15%.
VI. In the case of advertisements that are not recognizable as an advertisement due to their editorial design, the contractor will clearly identify them with the word "Advertisement".
§ 4 artwork
I. The advertising prices are based on the delivery of reproducible data in PDF format as well as a binding color printout by the client. Movies cannot be used. Otherwise, digital data can only be processed further in accordance with the further technical specifications of the contractor in accordance with the media data. If the data is supplied in other data formats (see media data), the client bears the processing costs for additional work.
II. Due to font conflicts, conversion processes and different RIP processes on different output devices, even with the greatest care, there is a possibility that errors can occur between the individual production stages. The customer undertakes to subject the last release to a complete check. We send the data provided (e.g. images, graphics, fonts) in accordance with our in-house standard configuration and also forward them to the client or third parties. The programs and configurations used will be communicated on request.
§ 5 Terms of Payment and Prices
I. Price information in catalogs, advertisements, internet and price lists or the like are non-binding and subject to change. The applicable statutory value added tax as well as packaging and shipping costs must be added to the prices. Swisssonic GmbH reserves the right to write errors and other errors. The payments have to be made exclusively to the named accounts. The deduction of a discount is only permitted with a special written agreement.
II. Unless otherwise agreed, the final amount stated in the respective invoice is payable within 10 days of the invoice being issued. Interest on arrears will be charged at 8 percentage points above the respective base rate pa. Swisssonic GmbH reserves the right to claim higher damage caused by default.
III. For customers from the EU with a valid sales tax identification number there is no German sales tax. For customers from third countries, German VAT is generally due. There is no German VAT for deliveries of goods abroad via a shipping company or delivery service. The import sales tax for deliveries of goods abroad is to be borne by the customer.
IV. If the client is in default of payment or if circumstances become known that are likely to significantly reduce the creditworthiness of the customer (in particular suspension of payments, settlement or bankruptcy), the contractor is entitled to withhold outstanding services or to only carry out these against advance payments or securities.
V. If additional costs are incurred for the production of drafts, repros, lithos and typesetting work ordered, as well as for changes to the delivered documents requested by the customer, these costs are to be borne by the customer and will be settled directly with the executing company.
§ 6 delivery and dispatch
I. Unless otherwise agreed in writing, the delivery dates and delivery periods specified by Swisssonic GmbH are non-binding and are subject to correct and timely delivery to us. Part deliveries are permitted.
II. If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, Swisssonic GmbH is entitled to demand compensation for the damage incurred, including any additional expenses. We reserve the right to make further claims. If there is a default in acceptance, the risk of accidental loss or accidental deterioration of the goods is transferred to the customer at the point in time at which the customer is in default of acceptance or debtor default.
III. As far as cases of force majeure cause delivery and service delays, Swisssonic GmbH is not responsible for this, even if (delivery) deadlines have been agreed as binding.
IV. If the goods are sent to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods passes to the customer when they are sent to the customer, at the latest when they leave the Swisssonic GmbH warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs. The shipping costs are to be borne by the customer. Transport insurance to be taken out at the customer's request is also carried out at the customer's expense.
§ 7 retention of title
I. Swisssonic GmbH reserves the extended ownership of delivered items until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if Swisssonic GmbH does not always expressly refer to this. Swisssonic GmbH is entitled to take back the purchased item if the customer behaves contrary to the contract.
II. As long as ownership has not yet passed to him, the customer is obliged to treat the purchased item with care; this also applies to the use of equipment, etc. In particular, he is obliged to protect it against theft, fire and water damage at his own expense to be sufficiently insured at replacement value. As long as ownership has not yet passed, the customer must inform GolfSonic GmbH immediately in writing if a delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse Swisssonic GmbH for any judicial and extrajudicial costs arising from a lawsuit pursuant to Section 771 (1) ZPO, the customer shall be liable for the loss incurred by Swisssonic GmbH.
III. If the goods (devices, software or hardware) are given to the customer by Swisssonic GmbH for use, ownership remains with Swisssonic GmbH or one of your suppliers. The duration of use is regulated by a corresponding contract. If the contract has expired, Swisssonic GmbH reserves the right to pick up the goods (devices, software or hardware), dismantle them or to extend corresponding contracts.
IV. Rights of use that were granted prior to payment can be withdrawn from the customer in the event of default in payment.
§ 8 Offsetting and right of retention
The customer is only entitled to offset if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 9 Warranty and Notification of Defects
I. The customer's warranty rights presuppose that the customer has duly complied with his inspection and complaint obligations under Section 377 of the German Commercial Code (HGB).
II. Claims for defects become statute-barred 12 months after delivery of the goods delivered by Swisssonic GmbH to the customer. The above regulation does not apply if the law prescribes longer periods in accordance with Section 438 (1) No. 2 BGB, Section 479 (1) BGB and Section 634a (1) BGB.
III. If, in spite of all care, the delivered goods show a defect that already existed at the time of the transfer of risk, Swisssonic will repair the goods or deliver replacement goods, subject to timely notification of defects. Swisssonic GmbH must always be given the opportunity to provide supplementary performance within a reasonable period. Recourse claims remain unaffected by the above regulation without restriction.
IV. If the subsequent performance fails, the customer can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
V. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, as well as damage which, after the risk of transfer, as a result of incorrect or negligent treatment, excessive use, unsuitable operating resources, defective construction work , unsuitable building site or due to special external influences that are not required by the contract. If improper repairs or changes are carried out by the customer or a third party, there are also no claims for defects for these consequences. The customer must make a backup copy of program data and data carriers before troubleshooting, in particular when replacing delivered machines or software.
VI. Claims of the customer due to the expenses necessary for the purpose of the supplementary performance, in particular transport, travel and material costs, are excluded if the expenses increase because the goods delivered by Swisssonic GmbH have subsequently been moved to a location other than the customer's branch unless the shipment corresponds to its intended use.
§ 10 Limitation of Liability
I. Neither Swisssonic GmbH nor the suppliers of Swisssonic GmbH are liable to pay compensation for any damage (including without limitation damage from lost profit, business interruption, loss of business and private information or data or from other financial losses) resulting from the use of products or the inability to use such a product, even if Swisssonic GmbH has been informed of the possibility of such damage. In any case, the liability of Swisssonic GmbH is limited to the amount that the customer has actually paid for the product.
II. Swisssonic GmbH does not accept any liability for transmission errors on data carriers or on the Internet.
III. If files and information come from third parties (authorities or other private or public information centers) and are taken over by Swisssonic GmbH, no liability is assumed for the correctness and completeness.
IV. Liability for normal wear and tear is excluded.
V. As far as the liability of Swisssonic GmbH is excluded or limited, this also applies to the personal liability of the employees, workers, employees, representatives and vicarious agents of Swisssonic GmbH.
VI. Swisssonic GmbH is not liable for damage and consequential damage to devices, machines, telecommunication systems, facilities, furniture, electrical installations and the like that have to be modified by Swisssonic GmbH for the installation / attachment / conversion of the ordered goods or systems. By placing the order, the client unreservedly agrees to all necessary work and the associated risks of possible deterioration of his property.
VII. Contributory negligence on the part of the customer is to be taken into account (e.g. insufficient data backup).
VIII. If the operating and maintenance instructions are not followed, changes are made to the products, parts are exchanged or consumables are used that do not correspond to the original specifications, any guarantee is void.
IX The availability guarantee of the provider applies exclusively to the availability of a website.
X. In the event of incorrect use of the products supplied by Swisssonic GmbH, any claims for damage are excluded.
XI. Exclusion of liability does not apply to damage caused by intent or gross negligence on the part of Swisssonic GmbH. Claims based on mandatory statutory provisions on product liability also remain unaffected.
§ 11 Property Rights and Copyrights
I. The programs and data created and sold by Swisssonic GmbH are made available to the customer for use for a fee. The rights to the source code remain with Swisssonic GmbH or the author. These rights can only be transferred to the customer after a written agreement and consent of the author.
II. A software license with the same serial number is tied to one workstation and may not be used by two users at two different locations.
III. The customer is solely responsible for the content of advertising and / or hosted websites. Swisssonic GmbH assumes no liability for any errors or false reports. Swisssonic GmbH reserves the right to neither create nor publish morally questionable content and, if necessary, withhold it.
IV. Duplications of works created by Swisssonic GmbH are prohibited according to § 60 of the UrhG without the permission of the author.
§ 12 data protection
Swisssonic GmbH is entitled to process, save and evaluate all data relating to business relationships with the customer in compliance with the Federal Data Protection Act.
Section 13 Obligation to Retain
I. Printing documents will only be sent to the client on special request. The storage obligation ends with a 3-month period after the order expires.
§ 14 Place of fulfillment and place of jurisdiction
I. Place of fulfillment and exclusive place of jurisdiction and for all disputes arising from the contract is the registered office of Swisssonic GmbH, unless otherwise stated in the order confirmation.
II. The customer is not entitled to assign his claims from the contract.
III. This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
§ 15 final clause
I. Should any of the provisions in these terms and conditions be or become void, ineffective or contestable, this shall not affect the validity of all other provisions or agreements. The ineffective provision is to be replaced by one that comes closest to it economically. This applies accordingly to gaps that need to be filled.
II. Changes and additions to the General Terms and Conditions must be made in writing. Oral agreements have not been made.
As of March 2021
With the publication date of the newer general terms and conditions, all previous terms and conditions lose their validity