Applied since September 2008
I. Scope of application
These General Terms and Conditions apply for the business relations between itelio GmbH and the customer. Conflicting conditions or conditions divergent from these General Terms and Conditions are not accepted and are hereby emphatically objected by itelio GmbH Conflicting conditions of the customer only apply when itelio GmbH has explicitly agreed in written form.
II. Subject matter of the contract
Itelio GmbH sells software. “Software” shall mean computer programs in Object Code, their documentation in printed form or as a common used data type and other associated written material, the legal owner of which is itelio GmbH and/or itelio GmbH may licence.
III. Conclusion of contract
1. The article catalogue that is displayed on this website does not constitute an offer in a legal sense, but rather an invitation to the customer to submit an offer. Not until the customer places an order does he extend his offer towards a conclusion of a contract between the itelio GmbH and the customer.
2. After the incoming of the customer’s offer at itelio GmbH, the customer receives a confirmation email that confirms the incoming of the order at itelio GmbH (order acceptance).
3. The customer has to make sure that his reachability via Email is guaranteed so that Emails from itelio GmbH can reach him. He should therefore check the security settings, for example of the spam-filter and possible junk mail-accounts.
4. The conclusion of the contract between the customer and itelio GmbH is only effectuated when the customer receives an explicit order confirmation. This order confirmation contains all details regarding the customer’s order and can also fulfill the function of an acknowledgement of receipt.
IV. Payment/Price
1. The stated prices are retail prices including the legal sales tax not including costs of delivery if applicable.
2. The payment methods are limited to advance payment (bank transfer, cash, check, creditcard). The payment methods debit and cash on delivery are not possible. The payment on account is only possible under certain circumstances and only itelio GmbH is authorized to offer this payment method. For payment on account, the payment period is 10 days.
3. The customer is only entitled to the right to offset when his counterclaim has been legally decided or is undisputed.
4. The customer can only exercise a right of retention when his counterclaim is based on the same contractual relationship.
V. Limitation of Liability
1. Itelio GmbH shall have unlimited liability for damage due to injury to life, limb or health. Itelio GmbH shall have unlimited liability for damage caused intentionally or through gross negligence.
2. Itelio GmbH shall be liable only for the foreseeable typical damage in the case of breach of essential contractual obligations due to ordinary negligence.
3. Itelio GmbH shall not be liable for breach of non-essential contractual obligations due to ordinary negligence.
4. Itelio GmbH shall not be liable for damage suffered by the customer due to force majeure, i.e. unforeseeable circumstances beyond its control.
5. Other damages claims are excluded. In particular, liability for indirect consequential damage, including non occurrence of the customer’s expected profit, arising through or in a causal connection with the use of itelio’s products is excluded. This exclusion shall not apply if a quality warranty given to the customer by itelio GmbH was intended to protect against the occurrence of such damage.
6. Liability for malicious non disclosure of a defect, for giving a warranty concerning the quality or durability of a thing or a work and liability under the Product Liability Act shall be unaffected by the above provisions.
7. The abovementioned figures shall apply analogously to reimbursement of expenses instead of compensation in lieu of specific performance.
VI. General provisions
1. The User shall also be obliged to observe the export regulations, e.g. the EU export regulations and the Export Administration Act of the USA.
2. Modifications and supplements to the present Agreement shall not be valid unless in writing and signed by both parties.
3. If individual provisions of the present Agreement should be or become ineffective, the effectiveness of the other provisions shall not be affected thereby. A substitute provision that most approximates the intended purpose of the ineffective provision shall replace the ineffective provision.
4. The contractual relationship shall be governed and construed in accordance with the law of the Federal Republic of Germany; UN law on sales shall be excluded.
5. The place of jurisdiction shall be Munich(Germany).The contract data consisting of the wording of the contract and the general terms and conditions are saved by itelio gmbH. The customer can request the saved data after the conclusion of the contract from itelio gmbH via Email (Email address: support@itelio.com) The customer can furthermore print or save the contract data within the context of the order transaction via the browser’s menu navigation or via keyboard combinations (Strg p, Strg s).
6. The contractual language is in German. Contents in other languages are non binding translations.