The following agreement shall come into being based on these General Terms and Conditions (GTC) between the customer and
Global Solutions Systems GmbH
represented by: Tomas Klünner
Address: Ravenestr. 1
hereinafter referred to as “provider”:
Subject of the agreement
Through this contract, the sale of services in
• project management
• IT consulting
• software development
• web hosting
are regulated by the provider. Due to the details of the respective offer, reference is made to the product description on the offer page.
Conclusion of the agreement
This agreement shall come into being exclusively in terms of an electronic business agreement through the provider’s shop system or via other means of remote communication such as telephone and e-mail. The offers represented represent a non-binding request to provide an offer through the customer’s order, which the provider may accept.
The ordering process to conclude the agreement includes the following steps in the Shop-System:
* Fill in the contact form
* Send message
* You will receive an offer
In addition to the Shop-System, orders can also be placed by means of remote communication (telephone/email), whereby the ordering process for the conclusion of the contract includes the following steps:
* Call the order hotline / send the order mail
* Confirmation mail that the order has been received
With the sending of an order confirmation the contract becomes effective. The automatically created and sent order confirmation does not represent a legally binding declaration. The contract is also concluded by sending the goods or by providing the service.
The contract is concluded for an indefinite period of time.
Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
The provider reserves the right not to provide the promised service in case of unavailability.
Prices, shipping costs, return delivery costs
All prices are final prices and include the statutory value added tax. In addition to the final prices, depending on the type of shipment, further costs are incurred, which are indicated before the order is dispatched. For an order starting from an amount of 1.000, - € no forwarding expenses are raised. If there is a right of revocation and this is used, the customer bears the costs of the return shipment.
The customer only has the following payment options: advance bank transfer, invoice on delivery, direct debit, payment service provider (PayPal). Other payment methods are not offered and will be rejected.
• The invoice amount is to be transferred in advance after receipt of the invoice, which contains all information for the transfer and is sent with the delivery, to the account indicated there in advance.
• The invoice amount shall be collected by the provider by means of direct debit procedure on the basis of the direct debit authorization by the customer from his specified account.
• If a trustee service/payment service provider is used, it enables the provider and customer to process the payment between themselves. The trustee service/payment service provider forwards the customer's payment to the provider. Further information can be found on the website of the respective trustee service / payment service provider.
Within 14 days after receipt of the invoice, the customer is obliged to pay or transfer the stated amount to the account indicated on the invoice. Payment is due without deduction from the invoice date. After expiry of the payment period, which is thus determined according to the calendar, the customer shall also be in delay without reminder. The customer's right of retention, which is not based on the same contractual relationship, is excluded. The offsetting against claims of the customer is excluded, unless these are undisputed or legally established.
The goods will be shipped immediately after receipt of payment. The dispatch takes place on average after 5 days at the latest. The entrepreneur commits himself to the delivery on the 90th day after confirmed receipt of payment. The regular delivery time is 30 days, unless otherwise stated in the item description.
The supplier will either ship the order from its own warehouse as soon as the entire order is in stock there or the order will be shipped by the manufacturer as soon as the entire order is in stock there. The customer will be informed immediately of any delays.
If the supplier is not responsible for a permanent obstacle to delivery - in particular force majeure or non-delivery by his own suppliers, although a corresponding covering transaction was made in good time - the supplier has the right to withdraw from the contract with the customer in this respect. The customer will be informed immediately and any services received, in particular payments, will be refunded.
If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The supplier is granted that he can choose between repair or new delivery in the case of subsequent performance, if the goods are new goods and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages by the customer on account of injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. Similarly, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agents. In all other respects, the statutory provisions shall apply.
The supplier grants the customer a 2% discount on payment within 7 days from the date of invoicing. If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover or, in the case of dispatch, upon delivery of the goods to the selected service provider.
The contract text is stored by the provider. The customer has the following possibility to access the saved contract text: On the homepage. This area can be found on the following subpage: "Terms and conditions".
Right of withdrawal and customer service
The provisions for distance contracts do not apply to customers who are entrepreneurs. Therefore, these customers are not entitled to a corresponding right of revocation due to distance selling contract. The provider does not concede such a right either.
Disclaimer of liability
Claims for damages on the part of the customer shall be excluded, unless something else arises for the following reasons. This also applies to the agent and vicarious agent of the provider if the customer asserts claim for damages against these. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. Similarly, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agents.
Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has shown a justified interest in the assignment or pledging.
Language, place of jurisdiction, and applicable law
The contract is drafted in German. The further execution of the contractual relationship shall be in German. The law of the Federal Republic of Germany applies exclusively. This shall only apply to consumers insofar as this does not restrict any legal provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
The ineffectiveness of a provision of these GTC has no effect on the effectiveness of the other provisions.
Implementation of the ODR Directive
Online dispute resolution pursuant to Art. 14 (1) ODR: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/
Note in accordance with section 36 (1) no. 2 of the VSBG: We would like to point out that we are generally prepared to participate in dispute settlement proceedings before a consumer arbitration board.