Terms & Conditions
General Terms and Conditions
Version from 18.05.2022
For private customers
Please note that for reasons of easier readability, no gender-specific differentiation is made. Corresponding terms apply to all genders in the sense of equal treatment.
1. contracting party
Your purchase contract is concluded with VOCUS GmbH (hereinafter referred to as "VOCUS", "we", "us"), Am Technologiezentrum 5, 86159 Augsburg, Germany.
2. scope of application
For all mutual claims arising from and in connection with the conclusion of a contract for the delivery of goods between the customer (hereinafter also "you", "you") and VOCUS, these General Terms and Conditions shall always apply in the version valid at the time of the respective conclusion of the contract. Orders on vocus3d.com are possible for all persons from the European Economic Area, regardless of residence, origin or nationality.
3 Conclusion of Contract
3.1 The presentation of products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after its receipt by us. The confirmation of receipt does not constitute acceptance of the contract.
3.2 We can accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within 2 working days, whereby the receipt by the customer is decisive. If working days are specified as deadlines, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays at our registered office in Augsburg (Bavaria).
3.3 Your personal data and information that you provide to us are used by VOCUS for the processing of orders, the delivery of goods as well as for the processing of payment. The delivery of the article ordered by you is carried out by a transport company commissioned by us. For this purpose, we transmit your e-mail address available to us to this transport company, so that the transport company can send you information about the status of your shipments as well as a specific delivery date by e-mail.
4. contract text storage and contract language
4.1 We store the contract text and send you the order data by e-mail. You can also view the GTC at any time at www.vocus3d.com. You can view your previous orders in the "My Orders" section if you have registered as a customer and logged in via the website with your access data.
4.2 The contract language is German.
5. cancellation policy
Consumers have the following right of withdrawal:
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (VOCUS GmbH, Am Technologiezentrum 5, 86159 Augsburg, email@example.com, Tel.: +49 821 65 05 90 20) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We will bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.
For goods which, due to their nature, cannot be returned normally by post and which are marked as such in the invoice as "bulky goods", the following applies: We will collect the goods.
For all other goods, we may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to VOCUS GmbH, Am Technologiezentrum 5, 86159 Augsburg, Germany, without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
- Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
Sample cancellation form
If you wish to revoke the contract, please fill out this form and return it to:
At the Technology Center 5
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s)
(only in case of communication on paper)
6. reservation of self-delivery
In case VOCUS is not able to deliver itself without own fault, although it has placed congruent orders with reliable suppliers, VOCUS will be released from its obligation to perform and can withdraw from the contract. In this case, VOCUS will immediately inform the customer about the non-availability and will immediately reimburse the customer for payments already made in case of withdrawal.
7. delivery/shipping costs
7.1 All orders on vocus3d.com shall be delivered to customers with delivery addresses in the Federal Republic of Germany.
7.2 In addition to the stated product prices, shipping costs, if any, shall be borne by the Customer. Our current prices and associated shipping terms for the desired delivery and shipping methods can be found at http://vocus3d.com/index.php?route=information/information&information_id=6. These may be subject to change. Therefore, please note possible updates. For bulky items, which are shown in detail accordingly, we charge an additional bulky goods surcharge shown on the product.
7.3 Subject to self-supply, VOCUS will take care of a quick delivery. Should a part of the order not be available for immediate delivery because VOCUS, through no fault of its own, has not been supplied in time itself, although it has placed congruent orders with reliable suppliers, the remaining goods will be delivered subsequently without a new charge of the shipping fee, as far as this is reasonable for the customer.
7.4 Some products imported by VOCUS from the USA and/or manufactured in the USA are subject to US and other, especially German export control regulations. The customer is responsible for his own compliance with export control regulations and is advised that he may have to obtain required export licenses or other necessary documents at his own expense before exporting products and/or technical information received from VOCUS. The customer is further advised that he may not directly or indirectly sell, export, re-export, deliver or otherwise transfer products or technical information subject to export control regulations to any person, firm (company) or country in violation of U.S. or other, particularly German, export control laws, regulations, restrictions and provisions. Customer is required by law to notify all recipients of such products or technical information of the need to comply with such laws and regulations. The refusal of an export license does not entitle the customer to withdraw from the contract or to claim damages. VOCUS is not obliged to issue a supplier's or long-term supplier's declaration to the customer or to procure such a declaration from its own suppliers.
8. price, terms of payment
8.1 The prices quoted in the online store for consumers are total prices and include the statutory value added tax. Any additional shipping costs will be indicated separately for the respective products. The respective total price and the specific composition of the price components can be found in the order overview (check order page) before the purchase is concluded. You can view your invoices in the "My Account" area if you have registered as a customer and logged in via the website with your access data. The invoices will be made available to you electronically in PDF format for download.
8.2 In the case of payment in advance, we will send you our bank details by e-mail, fax or post. Upon receipt of this information, the purchase price must be credited to our account within 7 days. Subsequently, we will send you the ordered goods.
8.3 The payment method cash on delivery can only be agreed in exceptional cases up to an order value of € 500. In this case you pay the invoice amount in cash to the deliverer or forwarding agent when taking over the shipment.
9. reservation of proprietary rights
VOCUS reserves the ownership of all goods delivered by it to a customer until the complete payment of the delivered goods.
10.1 The statutory liability for defects shall apply to all goods. In case of material defects, the quality agreement shall prevail over the objective requirements.
10.2 If delivered goods show obvious transport damages, the customer is requested to complain about such defects to VOCUS as soon as possible. Failure to make this complaint, however, has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance. If the customer acts as a merchant in the sense of § 1 HGB (German Commercial Code), the commercial duty of inspection and notification of defects according to § 377 HGB (German Commercial Code) applies to him.
10.3 The liability period for warranty claims for used goods marked as refurbished and/or demonstration goods in the respective offers shall be governed by law. The respective warranty period shall commence upon delivery of the goods to the customer. The above restrictions shall not apply in the event of intentional or grossly negligent breaches of contract or fraudulent intent, in the event of culpable damage to life, health or body, within the scope of a quality and/or durability guarantee, insofar as we have given such a guarantee with regard to the delivered goods, or insofar as the scope of application of the Product Liability Act is opened. In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period under Section 438 (1) No. 3 of the German Civil Code (BGB).
12.1 If manufacturers of the products selected by you offer a manufacturer's warranty, only the manufacturers and not VOCUS shall be obligated by this, unless VOCUS has expressly assumed a warranty towards the customer. Detailed information about additional manufacturer's warranties and their exact conditions can be found with the product and on special information pages in the online store.
VOCUS , its legal representatives and its vicarious agents are liable to the customer in cases of positive violation of claims, delay, impossibility, unauthorized action as well as for other legal reasons (except pre-contractual violations) as follows:
13.1 VOCUS shall be liable without limitation for any legal reason:
- in case of intentional or grossly negligent breach of contract as well as fraudulent intent,
- in case of culpable damage to life, health or body,
- within the scope of a quality and/or durability guarantee, provided that we have given such a guarantee with regard to the delivered goods,
- insofar as the scope of application of the Product Liability Act is opened.
13.2 Only in case of a negligent breach of essential contractual obligations (cardinal obligations) the liability of VOCUS shall be limited to the typical, foreseeable damage. Cardinal contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, i.e. the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer may regularly rely.
13.3 The above provisions (clause 12 and clauses 13.1 - 13.2) reflect the complete scope of liability of VOCUS , its legal representatives and its vicarious agents.
14 Alternative dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.
15 Applicable law, place of jurisdiction
15.1 All legal transactions and legal relationships between VOCUS and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, however, vis-à-vis consumers only insofar as the consumer is not deprived of the protection granted to him by mandatory provisions of the state in which he has his habitual residence.
15.2 The exclusive place of jurisdiction shall be Augsburg or another legal place of jurisdiction at the discretion of VOCUS, as far as the customer is a merchant in the sense of the German Commercial Code or a corporation under public law.
For business customers
Please note that for reasons of easier readability, no gender-specific differentiation is made. Corresponding terms apply to all genders for the purpose of equal treatment.
§ 1 Validity
(1) All deliveries, services and offers of VOCUS GmbH, Am Technologiezentrum 5 (hereinafter referred to as "Seller") shall be made exclusively on the basis of these General Terms and Conditions of Delivery. They shall be an integral part of all contracts concluded by the seller with his contracting parties (hereinafter also referred to as "clients") concerning the deliveries or services offered by him. They shall also apply to all future deliveries, services or offers to the Customer, even if they are not separately agreed again.
(2) If the Customer wishes to make use of a service offered by the Seller in addition to an order for goods, the Special Terms and Conditions of these respective services shall apply. These terms and conditions are listed with the respective services and apply in addition to the following terms and conditions in the event of use. In case of collision between these Terms and Conditions and the Special Terms and Conditions of the individual Services, the latter shall always prevail.
(3) Terms and conditions of the Customer or third parties shall not apply, even if the Seller does not separately object to their validity in individual cases. Even if the Seller refers to a letter that contains or refers to the terms and conditions of the Customer or a third party, this shall not constitute an agreement to the validity of those terms and conditions.
§ 2 Offer and Conclusion of Contract
(1) All offers made by the Seller are subject to change without notice and are non-binding, unless they are expressly marked as binding or contain a specific acceptance period. Orders or contracts can be accepted by the seller within (14) days after receipt.
(2) The legal relationship between the Seller and the Customer shall be governed solely by the written purchase contract, including these General Terms and Conditions of Delivery. This contract fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Oral promises made by the Seller prior to the conclusion of this contract shall not be legally binding and oral agreements between the contracting parties shall be replaced by the written contract unless it is expressly stated in each case that they shall continue to be binding.
(3) Supplements and amendments to the agreements made, including these General Terms and Conditions of Delivery, must be in writing to be effective. With the exception of managing directors or authorized signatories, the Seller's employees are not entitled to make verbal agreements deviating from the written agreement. Telecommunicative transmission, in particular by fax or by e-mail, shall be sufficient to comply with the written form, provided that a copy of the signed declaration is transmitted.
(4) Information provided by the Seller on the subject matter of the delivery or service (e.g. weights, dimensions, utility values, load-bearing capacity, tolerances and technical data) as well as our representations of the same (e.g. drawings and illustrations) are only approximately authoritative, unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed quality features, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements as well as the replacement of components by equivalent parts are permissible insofar as they do not impair the usability for the contractually intended purpose.
(5) The Seller retains ownership or copyright of all offers and cost estimates submitted by him as well as drawings, illustrations, calculations, brochures, catalogs, models, tools and other documents and aids made available to the Customer. The Customer may not make these items available to third parties, either as such or in terms of content, disclose them, use them himself or through third parties, or reproduce them without the express consent of the Seller. At the request of the Seller, he shall return these items in full to the Seller and destroy any copies made if they are no longer required by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract. Excluded from this is the storage of electronically provided data for the purpose of usual data backup.
§ 3 Prices and payment
(1) The prices apply to the scope of services and deliveries listed in the order confirmations. Additional or special services shall be charged separately. The prices are in EUR ex works plus packaging, the statutory value added tax, in the case of export deliveries customs duties as well as fees and other public charges. You can view your invoices in the "My Account" area if you have registered as a customer and logged in via the website with your access data. The invoices are made available to you electronically in PDF format for download.
(2) Insofar as the agreed prices are based on the Seller's list prices and the delivery is to be made more than four months after conclusion of the contract, the Seller's list prices valid at the time of delivery shall apply (in each case less an agreed percentage or fixed discount).
(3) Invoice amounts shall be paid within sixteen days without any deduction, unless otherwise agreed in writing. The date of receipt by the Seller shall be decisive for the date of payment. Payment by check is excluded, unless it is agreed separately in individual cases. If the Customer fails to make payment when due, interest of 5% p.a. shall be charged on the outstanding amounts from the due date; the right to claim higher interest and further damages in the event of default shall remain unaffected.
(4) Offsetting against counterclaims of the Customer or the retention of payments due to such claims shall only be permissible to the extent that the counterclaims are undisputed or have become res judicata or arise from the same order under which the relevant delivery was made.
(5) The Seller shall be entitled to perform or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, circumstances become known to the Seller which are likely to substantially reduce the creditworthiness of the Customer and as a result of which the payment of the Seller's outstanding claims by the Customer under the respective contractual relationship (including under other individual orders to which the same framework agreement applies) is jeopardized.
§ 4 Delivery and Delivery Period
(1) Deliveries shall be made at the prices, associated shipping conditions for the delivery and shipping methods requested by the Customer, which are currently available for viewing at http://vocus3d.com/index.php?route=information/information&information_id=6. These may be subject to change. For bulky items, which are shown in detail accordingly, the seller additionally charges a bulky goods surcharge shown on the product.
(2) Deadlines and dates for deliveries and services promised by the Seller shall always be approximate only, unless a fixed deadline or date has been expressly promised or agreed. If shipment has been agreed, delivery periods and delivery dates shall refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.
(3) The Seller may - without prejudice to its rights arising from default on the part of the Customer - demand from the Customer an extension of delivery and performance periods or a postponement of delivery and performance dates by the period during which the Customer fails to meet its contractual obligations towards the Seller.
(4) The Seller shall not be liable for impossibility of delivery or for delays in delivery, insofar as these are caused by force majeure or other events not foreseeable at the time of conclusion of the contract (e.g. operational disruptions of any kind, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the failure of suppliers to deliver or to deliver properly or on time) for which the Seller is not responsible. If such events make it substantially more difficult or impossible for the Seller to provide the delivery or service and the impediment is not only of temporary duration, the Seller shall be entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery or service deadlines shall be extended or the delivery or service deadlines shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the Customer cannot reasonably be expected to accept the delivery or service as a result of the delay, it may withdraw from the contract by means of an immediate written declaration to the Seller.
(5) The Seller shall only be entitled to make partial deliveries if
- the partial delivery is usable for the Customer within the scope of the contractual intended purpose
- the delivery of the remaining ordered goods is ensured and
- the Customer does not incur any significant additional expenses or costs as a result (unless the Seller agrees to bear these costs).
(6) If the Seller is in default with a delivery or service or if a delivery or service becomes impossible for the Seller, for whatever reason, the Seller's liability for damages shall be limited in accordance with § 8 of these General Terms and Conditions of Delivery.
§ 5 Place of Performance, Dispatch, Packaging, Transfer of Risk, Acceptance
(1) The place of performance for all obligations arising from the contractual relationship shall be the Seller's registered office or the place of dispatch of the first consignor acting on behalf of the Seller, unless otherwise specified. If the Seller is also responsible for the installation, the place of performance shall be the place where the installation is to take place.
(2) The mode of shipment and the packaging shall be subject to the Seller's dutiful discretion.
(3) The risk shall pass to the Customer at the latest when the delivery item is handed over (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or the Seller has assumed other services (e.g. shipping or installation). If the shipment or handover is delayed due to a circumstance the cause of which lies with the Customer, the risk shall pass to the Customer from the day on which the delivery item is ready for shipment and the Seller has notified the Customer of this.
(4) Storage costs after transfer of risk shall be borne by the Customer. In the event of storage by the Seller, the storage costs shall amount to (0.25) % of the invoice amount of the delivery items to be stored per expired week. The right to claim and prove further or lower storage costs is reserved.
(5) The Seller shall insure the consignment against theft, breakage, transport, fire and water damage or other insurable risks only at the express request of the Customer and at the Customer's expense.
(6) Insofar as acceptance is to take place, the object of sale shall be deemed to have been accepted when
- the delivery and, if the Seller is also responsible for the installation, the installation has been completed,
- the Seller has notified the Customer thereof with reference to the deemed acceptance pursuant to this § 5 (6) and has requested the Customer to accept the goods,
- twelve] working days have elapsed since delivery or installation (six) working days have elapsed since delivery or installation, or the Customer has started to use the purchased item (e.g. has put the delivered equipment into operation) and in this case (six) working days have elapsed since delivery or installation, and
- the Customer has failed to take delivery within this period for a reason other than a defect notified to the Seller which makes the use of the purchased item impossible or significantly impairs it.
§ 6 Warranty, material defects
(1) The warranty period shall be one year from delivery or, if acceptance is required, from acceptance. This period shall not apply to claims for damages by the Customer arising from injury to life, body or health or from intentional or grossly negligent breaches of duty by the Seller or its vicarious agents, which shall each be time-barred in accordance with the statutory provisions. In the case of material defects, the quality agreement shall take precedence over the objective requirements.
(2) The delivered items shall be inspected carefully immediately after delivery to the Customer or to the third party designated by him. With regard to obvious defects or other defects which would have been apparent in the course of an immediate, careful examination, they shall be deemed to have been approved by the Purchaser if the Seller does not receive a written notice of defect within (seven) working days after delivery. With regard to other defects, the delivery items shall be deemed to have been approved by the Buyer if the notice of defect is not received by the Seller within (seven) working days after the point in time at which the defect became apparent; however, if the defect was already apparent at an earlier point in time during normal use, this earlier point in time shall be decisive for the commencement of the period for giving notice of defect. The Customer shall document the receipt of the goods, the performance of the incoming goods inspection and the exact times thereof. The documentation shall be handed over to the Seller upon request in order to enable the Seller to prove compliance with its own obligations to notify defects to its third party supplier. At the Seller's request, a rejected delivery item shall be returned to the Seller carriage paid. In the event of a justified notice of defect, the Seller shall reimburse the costs of the most favorable shipping route; this shall not apply if the costs increase because the delivery item is located at a place other than the place of intended use.
(3) In the event of material defects of the delivered items, the Seller shall first be obligated and entitled to rectify the defect or to make a replacement delivery, at its discretion to be made within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, the Customer may withdraw from the contract or reasonably reduce the purchase price.
(4) If a defect is due to the fault of the Seller, the Customer may claim damages under the conditions specified in § 8.
(5) In the event of defects in components of other manufacturers which the Seller cannot remedy for licensing or factual reasons, the Seller shall, at its option, assert its warranty claims against the manufacturers and suppliers for the account of the Customer or assign them to the Customer. In the event of such defects, warranty claims against the Seller shall only exist under the other conditions and in accordance with these General Terms and Conditions of Delivery if the legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, e.g. due to insolvency. For the duration of the legal dispute, the limitation period for the relevant warranty claims of the Customer against the Seller shall be suspended.
(6) The warranty shall lapse if the Customer modifies the delivery item or has it modified by a third party without the Seller's consent and the rectification of defects is thereby rendered impossible or unreasonably difficult. In any case, the Customer shall bear the additional costs of remedying the defect resulting from the modification.
(7) Any delivery of used items agreed with the Customer in individual cases shall be made to the exclusion of any warranty for material defects.
(8) Insofar as the Seller delivers goods with a manufacturer's warranty to the Customer, a claim against the Seller requires a prior unsuccessful written assertion of the warranty claims against the respective manufacturers. This shall not apply if the scope of the manufacturer's warranty declaration falls short of the rights under § 6 (1) to (7) of these General Terms and Conditions or if the Seller has issued a more extensive warranty than the manufacturer. The Seller shall make available to the Customer the information on the manufacturer available for the assertion of possible warranty claims. If the Client has made use of the 48-month long-term warranty, § 443 of the German Civil Code (BGB) with extended customer rights shall apply.
§ 7 Industrial property rights
(1) The Seller warrants in accordance with this § 7 that the delivery item is free of industrial property rights or copyrights of third parties. Each contracting party shall notify the other contracting party in writing without delay if claims are asserted against it due to the infringement of such rights.
(2) In the event that the delivery item infringes an industrial property right or copyright of a third party, the Seller shall, at its discretion and at its expense, modify or replace the delivery item in such a way that no rights of third parties are infringed any longer, but the delivery item continues to fulfill the contractually agreed functions, or procure the right of use for the Customer by concluding a license agreement with the third party. If the Seller does not succeed in doing so within a reasonable period of time, the Customer shall be entitled to withdraw from the contract or to reduce the purchase price appropriately. Any claims for damages by the Customer shall be subject to the limitations of § 8 of these General Terms and Conditions of Delivery.
(3) In the event of infringements of rights by products of other manufacturers delivered by the Seller, the Seller shall, at its discretion, assert its claims against the manufacturers and upstream suppliers for the account of the Customer or assign them to the Customer. In such cases, claims against the Seller shall only exist in accordance with this § 7 if the judicial enforcement of the aforementioned claims against the manufacturers and upstream suppliers was unsuccessful or is futile, e.g. due to insolvency.
§ 8 Liability for damages due to fault
(1) The Seller's liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations and tort, shall be limited in accordance with the provisions of this § 8, insofar as fault is relevant in each case.
(2) The Seller shall not be liable in the event of simple negligence on the part of its executive bodies, legal representatives, employees or other vicarious agents, unless this involves a breach of material contractual obligations. Material contractual obligations are the obligation to deliver and install the delivery item in due time, its freedom from defects of title as well as such material defects that impair its functionality or usability more than insignificantly, as well as consulting, protection and custody obligations that are intended to enable the Customer to use the delivery item in accordance with the contract or are intended to protect the life and limb of the Customer's personnel or to protect the Customer's property from significant damage.
(3) Insofar as the Seller is liable on the merits for damages pursuant to § 8 (2), this liability shall be limited to damages which the Seller foresaw at the time of conclusion of the contract as a possible consequence of a breach of contract or which it should have foreseen by exercising due care. Indirect damage and consequential damage resulting from defects in the delivery item shall also only be compensable insofar as such damage is typically to be expected when the delivery item is used for its intended purpose.
(4) In the event of liability for simple negligence, the Seller's obligation to pay compensation for damage to property and further financial losses resulting therefrom shall be limited to an amount of EUR 10,000 per case of damage, even if a breach of material contractual obligations is involved.
(5) The above exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of the Seller.
(6) Insofar as the Seller provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of performance owed by the Seller, this shall be done free of charge and to the exclusion of any liability.
(7) The articles and products to be delivered by the Seller are intended exclusively for end use by the Customer. The Customer warrants that the items delivered by the Seller will not be installed or fitted in the Customer's products for the purpose of distribution to third parties. In the event of infringement, the Seller's liability shall be excluded to the extent permitted by law.
(8) The limitations of this § 8 shall not apply to the Seller's liability for intentional conduct, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
§ 9 Retention of title
(1) Until full payment of all present and future claims arising from the purchase contract and an ongoing business relationship (secured claims), the Seller shall retain title to the goods sold.
(2) The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The Customer shall notify the Seller in writing without undue delay if an application for the opening of insolvency proceedings is filed or if third parties (e.g. seizures) have access to the goods belonging to the Seller.
(3) In the event of conduct by the Customer in breach of the contract, in particular in the event of non-payment of the purchase price due, the Seller shall be entitled to withdraw from the contract in accordance with the statutory provisions or/and to demand surrender of the goods on the basis of the retention of title. The demand for return does not at the same time include the declaration of withdrawal; the Seller is rather entitled to demand only the return of the goods and to reserve the right of withdrawal. If the Customer does not pay the purchase price due, the Seller may only assert these rights if it has previously set the Customer a reasonable deadline for payment without success or if setting such a deadline is dispensable under the statutory provisions.
(4) Until revoked in accordance with (b) below, the Customer shall be entitled to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.
(a) The Customer hereby assigns to the Seller by way of security all claims against third parties arising from the resale of the goods. The Seller accepts the assignment. The obligations of the Customer stated in para. 2 shall also apply in respect of the assigned claims.
(b) The Customer shall remain authorized to collect the claim in addition to the Seller. The Seller undertakes not to collect the claim as long as the Customer meets his payment obligations towards him, there is no deficiency in his ability to pay and he does not assert the retention of title by exercising a right pursuant to para. 3. If this is the case, however, the Seller may demand that the Customer informs him of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. Furthermore, in this case the Seller shall be entitled to revoke the Customer's authorization to further sell and process the goods subject to retention of title.
(c) If the realizable value of the securities exceeds the Seller's claims by more than 10%, the Seller shall release securities of its choice at the Customer's request.
§ 10 Obligation to delete data
(1) Within the scope of the return of devices with storage media (e.g. hard disks, USB sticks, etc.) to the Seller, for whatever reason (warranty, repair, reversal of the purchase, etc.), the Customer is obliged to back up data, in particular personal and confidential data, from the devices before they are returned and to delete them permanently and securely afterwards.
(2) The seller cannot ensure that all data and data fragments are irretrievably deleted and is not liable for the data not falling into the hands of third parties. The customer shall indemnify the seller against all claims that may result from the fact that data of any kind was still present on the device or the associated data carriers that were returned. This also applies to any claims by third parties. If there is still data on the storage media, there is no confidentiality for these.
(3) If it is not technically possible for the customer to delete the data before returning storable items, the customer must inform the seller in writing before returning the item that the item still contains recorded, confidential and/or personal or other data belonging to him, the deletion of which was impossible for him for technical reasons. The customer acknowledges that this notification does not oblige the seller to successfully carry out the deletion of the data in question.
§ 11 Special provisions for orders via the website
(1) The Seller shall immediately confirm receipt of the order electronically. This confirmation letter does not yet constitute acceptance of the contract. Notwithstanding § 2(1), acceptance shall take place upon receipt of the goods by the customer after the goods have been sent by the seller or upon performance of the services at the customer's premises by the seller.
(2) The contract language is German.
(3) The seller saves the contract text and sends the order data to the customer by e-mail. The customer can view the GTC at any time at www.vocus3d.com. His previous orders can be viewed by him under the navigation point "My Orders" if he has registered as a customer and logged in via the website with his customer data.
(4) In the online store, the customer learns about the period of validity of limited offers. Despite careful stocking, it may happen that some promotional items are sold faster than expected. Therefore, the seller can not give a delivery guarantee. The following applies: Only while stocks last.
(6) For registered customers it is possible to order qualified shopping carts and products by quick order without going through the checkout process. By clicking on "Order now with costs", the order is triggered in accordance with the conditions specified in the quick order.
§ 12 Voluntary right of return for online purchases
(1) The seller offers the client the possibility to return the ordered goods within 14 days without giving reasons. The return period is 14 days from the day on which the client or a third party named by him, who is not the carrier, has taken possession of the goods. The seller shall bear the costs of returning the goods. For goods which, due to their nature, cannot be returned normally as parcel post and as such are marked as "bulky goods" in the invoice, the following shall apply: the Seller shall collect the goods from the Customer's German delivery address. If the return is made from abroad, the customer has to bear the costs of the return. Payments already made will be credited to the Customer's account if the return of the goods was accepted.
(2) The return shipment has to be made to:
Returns & Repairs
Am Technology Center 5
(3) The seller grants the voluntary right of return under the following conditions:
the goods are unused
the goods are undamaged, and
the goods are complete.
Testing or trying out the goods is considered as using the goods.
(4) The voluntary right of return does not apply to
goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer
Goods that are not suitable for return due to their nature or can spoil quickly or whose expiration date has passed
Special orders from the customer, such as spare parts specially ordered for the customer, etc.
Bulk deliveries where special conditions have been granted to the Customer.
(5) There is no right of withdrawal if the Customer has ordered the provision of a service and the Seller has provided the service in full or has already started to provide the service. Finally, a right of withdrawal is also excluded if Seller purchases the goods from third party upstream suppliers, which in turn do not grant a right of return. In this case, the product in the store is marked accordingly.
§ 13 Final Provisions
(1) If the Customer is a merchant, a legal entity under public law or a special fund under public law or if he has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between the Seller and the Customer shall be Augsburg or the Customer's place of business, at the Seller's discretion. In such cases, however, Augsburg shall be the exclusive place of jurisdiction for actions against the Seller. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
(2) The relations between the Seller and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (CISG) shall not apply.
(3) Insofar as the contract or these General Terms and Conditions of Delivery contain loopholes, those legally effective provisions shall be deemed to have been agreed to fill these loopholes which the contracting parties would have agreed to in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Delivery if they had been aware of the loophole.