1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between Order Right POS UG (hereinafter "Seller") and the customer (hereinafter "Customer") for the sale of digital POS systems, software and associated services. 1.2 Differing conditions from the customer will not be recognized unless the seller expressly agrees to them in writing.
2.1 The presentation of the services in the online shop, on the website or in other advertising materials does not constitute a legally binding offer, but rather a non-binding invitation to make a purchase offer by the customer. 2.2 The customer makes a binding offer to conclude a purchase contract by placing an order. The contract is only concluded with the express acceptance of the offer by the seller, e.g. through an order confirmation.
3.1 All prices quoted are plus the applicable statutory VAT and, unless otherwise stated, plus shipping costs. 3.2 Payment can be made either in advance, PayPal, credit card or other payment methods specified in the ordering process. 3.3 The customer is obliged to pay the purchase price immediately after conclusion of the contract. The seller reserves the right to make deliveries only after full payment.
4.1 Unless otherwise agreed, the ordered POS systems will be delivered to the delivery address specified by the customer. 4.2 Delivery times begin on the date of the order confirmation, provided that the purchase price has been paid in full. Delays in delivery due to force majeure or other unforeseeable events entitle the seller to extend the delivery period or to cancel the contract. 4.3 The seller is entitled to make partial deliveries as long as this is reasonable for the customer.
5.1 Physical goods: The physical goods delivered (such as hardware of the POS system) remain the property of the seller until the purchase price has been paid in full. Ownership of the physical goods is only transferred to the customer once the purchase price has been paid in full. 5.2 Software: Regardless of payment, the software delivered remains the permanent property of the seller. The customer only receives the right of use (license) for the software as defined in §7. Purchasing the software does not transfer ownership of the software to the customer. 5.3 The customer is obliged to treat the physical goods subject to retention of title with care and in particular to protect them from damage and loss.
6.1 The statutory regulations apply to defects in the goods delivered, unless otherwise stipulated in these General Terms and Conditions. 6.2 The seller is liable for intent and gross negligence. In the case of slight negligence, the seller is only liable for breach of essential contractual obligations (cardinal obligations), but the amount is limited to the damage that was foreseeable at the time the contract was concluded and was typical for the contract. 6.3 The warranty period is two years from delivery.
7.1 The customer receives a non-exclusive, temporally and spatially unrestricted license to use the software supplied with the POS system within the scope of the respective contractual agreement. 7.2 Passing on or selling the software to third parties is prohibited without the prior written consent of the seller. 7.3 The customer is obliged to use the software only in accordance with the license conditions and not to decompile, modify or edit it in any other way, unless this is expressly permitted by law.
8.1 The seller processes the customer's personal data exclusively within the framework of the applicable data protection regulations. 8.2 Further information on data processing and the customer's rights can be found in the seller's data protection declaration.
9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. 9.2 If a provision of these General Terms and Conditions is or becomes ineffective, the effectiveness of the remaining provisions remains unaffected. 9.3 The place of jurisdiction for all disputes arising from or in connection with the contract is, to the extent permitted by law, the registered office of the seller.
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