General Terms and Conditions of PARAGON Technologie GmbH
These General Terms and Conditions apply to the entire business relationship with our customers. General terms and conditions contrary to these shall only form part of a contract where they have been recognised by us, in writing. In the event that such recognition is granted, it shall be restricted to the respective transaction. Goods shall be supplied in the specified versions, packaging units or minimum quantities and are subject to technical changes, in the sense of technical improvements, as well as customary deviations in shape, colour and weight, provided there is no deviation from the order in terms of quality and functionality.
Orders shall only be binding upon us where they have been confirmed by us or where we have discharged them by delivering the goods. We are entitled to effect partial delivery or part performance where there is a good reason.
Provided nothing is stated to the contrary, prices relate to the item shown, as described, but not to accessories or decor. All prices include value-added tax at the applicable rate. Prices indicated in the advertising refer to the time of publishing and are subject to change thereafter. There can be no change in the agreed price for contracts which have already been concluded.
§ 3 Delivery and Performance Conditions
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Delivery shall be effected subject to the reservation that PARAGON itself has been supplied on time and correctly. PARAGON shall not be liable for delays in delivery and performance due to force majeure or as a result of events which make delivery substantially more difficult or impossible for the seller (that includes, in particular, serious operational disruption for which we are not to blame, strike, lock-out, official rulings and bottlenecks in production and delivery at the manufacturer's, particularly as a result of a substantial increase in demand, and where they occur at the seller's suppliers or their subcontractors), even where agreed deadlines and time limits are binding. They shall entitle PARAGON to postpone delivery or performance for the duration of the disruption plus a reasonable set-up time or, as regards the performance which has not yet been effected, to rescind the contract, in whole or in part. In the event that PARAGON rescinds the contract due to non-availability of the goods, we undertake to inform the customer immediately about the non-availability and to reimburse the customer in respect of any consideration received. This provision shall also apply in the case of claims for supplementary performance. If the goods ordered are not, or no longer, available, we also reserve the right, before the order becomes binding, to offer other goods of equal value in terms of quality and price. Once the order has become binding, we reserve the right, in the individual case, to offer goods of equal value in terms of price, without any reduction in the ordered quality and functionality. With respect to replacement items, where the goods have been accepted, the provisions under § 6 Terms and Conditions shall apply relating to claims under warranty, guarantee provisions and claims for compensation. In addition, with respect to consumers, the 14-day right of return under § 5 Terms and Conditions also applies.
Invoices are due for payment immediately and without any deductions. Where the customer defaults on payment, we shall be entitled to charge reminder fees of EUR 5.00 plus default interest at the statutory rate. This shall be without prejudice to further claims for compensation. The customer is free to prove that PARAGON did not incur any loss or substantially less than claimed.
Irrespective of whether the customer has any provision to the contrary, PARAGON is entitled to set payments off against the customer's earlier liabilities. Payments by cheque or bill of exchange do not represent payment in cash and will only be accepted on account of payment. PARAGON is not obliged to present cheques promptly. Payments shall only be regarded as settled when PARAGON is able to draw on the amount owed without loss. In the case of invoice payments by direct debit, title to the goods shall only pass to the customer if the amount could be collected in full and the direct debit was not countermanded.
§ 5 Consumer information on the right of return and the consequences of return in the case of
consumer contracts
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Customers who are classed as consumers within the meaning of Section 13 German Civil Code (BGB), may return the goods received, by sending them back within two weeks, without giving a reason. The prescribed period shall commence no earlier than the date on which the goods and this information are received. In the case only of goods which cannot be returned by parcel post (e.g. bulky goods), you may also effect return by way of a request, in text form, e.g. by letter, fax or email, to take back the goods. In order to comply with the deadline, it is sufficient if the goods, or the request to take back the goods, are posted within the prescribed period. We shall bear the cost and risk of returning the goods in each case. Returned goods or the request to take back the goods must be sent to:
Paragon Technologie GmbH, Heinrich-v.-Stephan-Str. 5c, 79100 Freiburg, Germany; Telephone No.: 0761/59018-201, Fax: 0761/59018-130; Email: sales@paragon-software.com
Information about the consequences of returning goods:
In the event of the effective return of goods, benefits received by both parties must be surrendered and, where appropriate, any advantages obtained must be restored (e.g. practical value). Where the goods have deteriorated, compensation may be claimed. This does not apply where deterioration of the goods is exclusively due to its being examined in such a way as would be possible in a shop, for example.
In other respects, you can avoid the obligation to pay compensation by refraining from using the goods as an owner would, and from doing anything which would impair the value of the goods.
The returned goods must be placed in the original packaging (including accessories, operating instructions etc.) which must in turn be put in additional packaging and sent to PARAGON. In so doing, you must ensure, as far as possible, that the original packaging remains intact. Excluded from the right of return are audio and video recordings, magazines and batteries as well as software where the Buyer has removed the sealed packaging. Your right of return shall expire prematurely where PARAGON, with your express consent, begins to provide services prior to the end of the time limit for effecting return, or where you prompt this yourself (e.g. by way of downloads etc.) Where the returned goods are soiled or damaged, we reserve our right to retain the sale price in whole or in part. The right of return applies only within the area of application of the law on long-distance sales.
End of the information on the right of return.
§ 6 Claims under warranty, guarantee provisions, claims for compensation
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The statutory limitation period for claims under warranty is 2 years and commences with delivery of the goods. During this period, all defects covered by implied statutory warranties shall be removed free of charge. Provided that the customer is not a consumer, claims under warranty are initially restricted to supplementary performance; where supplementary performance fails, the customer may choose between the right to rescind the contract of sale or reduce the purchase price. Where the goods are guaranteed by the manufacturer, the details of the guarantee are contained in the guarantee provisions enclosed with the respective item.
PARAGON shall be liable for loss resulting from death, physical injury and damage to health due to a negligent dereliction of duty on the part of PBC or an intentional or negligent dereliction of duty by a statutory representative or person employed in the performance of certain obligations by PARAGON, and for other loss due to a dereliction of duty resulting from intent or gross negligence on the part of PARAGON, or a dereliction of duty resulting from intent or gross negligence on the part of a statutory representative or person employed in the performance of certain obligations by PARAGON, and for every default in the case of loss resulting from the breach of a material contractual condition. Any additional liability for damages, irrespective of the legal basis, is excluded. This shall not affect liability for damages where the goods are not fit for a particular purpose nor liability arising under the Product Liability Act.
Where the customer sees damage to packaging on receipt of the delivery, he should obtain written confirmation of the damage from the transport company on acceptance of the goods and notify PARAGON, without delay, that acceptance is subject to reservation due to the damaged packaging. Transport damage which is only discovered after the goods have been unpacked, should be reported to PARAGON, in writing, within 3 days (postmark date is sufficient). The failure to comply with this request does not result in the restriction or loss of any rights to claim under warranty.
We shall retain a lien over the delivered goods until payment in full of the purchase price. Where accounts are still outstanding from goods which have been delivered, or where goods have not yet been delivered, the customer shall be obliged to notify us, without delay, of any change in the address of his residence or place of business.
§ 8 Contracts with traders, public bodies, publicly-owned corporations
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