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AGB - Terms and Conditions

General terms and conditions (GTC) and consumer information
Status: 11/2020

General terms and conditions and consumer information in the context of sales contracts that are concluded via the online shop between Robert Ledwig - hereinafter referred to as "seller" - and the customer - hereinafter referred to as "customer".
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements that take precedence over these terms and conditions, the following general terms and conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) The customer is a consumer insofar as he concludes the contract for purposes that are predominantly neither commercial nor his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.

§ 2 Conclusion of contract
(1) The contract is concluded with:

Embedded Solutions
Robert Ledwig
Gensinger Strasse 76
10315 Berlin

(2) The essential characteristics of the goods result from the respective product description set by the seller.
(3) All offers in the seller's online shop are only a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received payment from the customer, a confirmation of payment and acceptance of the order is sent to the customer, usually by email. This confirmation of payment and acceptance represents the acceptance of the sales contract. As an alternative to the confirmation of payment and acceptance, the seller has the option of refusing to conclude a sales contract. In this case, the buyer will receive all payments back within three working days.
(4) By paying for the goods, the buyer accepts the terms and conditions and the disclaimer of the seller.

§ 3 Subject matter of the contract, condition, delivery, availability of goods
(1) The subject of the contract are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation at the final prices specified in the online shop. Errors and mistakes are reserved, especially with regard to the availability of goods.
(2) The nature of the goods ordered results from the product descriptions on the seller's website. Images serve only as illustrative material and can differ from the product. Technical data are given as precisely as possible, but may show the usual deviations. The properties specified here do not represent defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not make a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the seller is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

§ 4 Delivery, prices, shipping costs
(1) The delivery of physical products to the shipping company takes place no later than three working days after receipt of payment. The delivery time is up to five days. The seller points out any deviating delivery times on the respective product page.
(2) Delivery is only within the EU.
(3) The delivery of pure software products takes place no later than three working days after receipt of payment.
(4) All item prices include VAT. The stated prices are retail prices plus shipping costs. The customer receives an invoice showing VAT.

§ 5 right of withdrawal
(1) Pure software products are excluded from the right of withdrawal. Please try the seller's demo versions before purchasing full versions of our software products, so you can be sure that our software fully meets your requirements.
(2) The following right of withdrawal applies exclusively to physical goods and not to pure software products or software services.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal (for physical goods only)
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than have chosen the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. The address given by the seller is used as the return address in the event of a cancellation.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

§ 5 Payment
(1) Payment is made exclusively using the payment methods specified on the seller's website.

§ 6 Transport damage
(1) If physical goods are delivered with obvious transport damage, the customer is asked to complain about these errors to the deliverer immediately and to contact the seller as soon as possible.
(2) Failure to lodge a complaint or to contact us has no consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance.

§ 7 warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective article.
(3) Complaints and warranty claims can be submitted to the address given in the provider identification.

§ 8 Reservation of title
The delivered goods remain the property of the seller until they have been paid for in full.

§ 9 Liability
The legal regulations apply.

§ 10 text of the contract
The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time in his customer account. The order data and the general terms and conditions will be sent to the customer by email. After completing the order, the order data can no longer be accessed via the Internet for security reasons.

§ 11 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the seller and the customer to the exclusion of the laws on the international purchase of movable goods. This choice of law only applies to consumers if the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident is not withdrawn from the customer.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his domicile or usual place of residence is not known at the time the action is brought.