General Terms and Conditions of Trade
The general terms and conditions of trade of Steria Mummert Consulting for the purchase of studies in the internet.
§ 1 Scope of application
Only the following general terms and conditions of trade (in their valid form at the time when an order is placed) shall apply to the business relationship between Steria Mummert Consulting and the buyer. These general terms and conditions of trade shall be the only terms governing this relationship; conflicting or differing terms and conditions of trade will not be acknowledged by Steria Mummert Consulting. This also holds true if Steria Mummert Consulting accepts an order in the full knowledge of conflicting or differing terms and conditions of trade.
§ 2 Conclusion of the contract and withdrawal
The indications referring to goods and prices on the website of Steria Mummert Consulting do not represent a binding offer to close a contract.
A sale and purchase agreement regarding the items selected by the buyer is concluded as soon as Steria Mummert Consulting accepts the order by confirming the closure of the contract or by delivering the goods; the act of confirming that an order was placed does not evoke a closure of a contract or agreement.
The buyer is obliged to check the confirmation of the order with regard to obvious spelling and calculation mistakes and to point out any discrepancies between the order, the confirmation of the order and the delivery. Steria Mummert Consulting is allowed to reverse the contractual transaction because of such a discrepancy within the framework of the regulations the law provides.
In case the buyer knows about a discrepancy and if it is not necessary to open the goods to assess that there is a discrepancy, the buyer is not allowed to open or use the goods, otherwise Steria Mummert Consulting can claim the reduction in value of the goods. In case of a discrepancy the buyer is obliged to return the goods to Steria Mummert Consulting and Steria Mummert Consulting will bear the costs for this return, unless the buyer was able to recognize the discrepancy already with receipt of the confirmation of the order.
§ 3 Delivery
If not agreed otherwise, the delivery will take place from the place where the goods are stored to the address of delivery indicated by the buyer. Any indications about the time until delivery are irrelevant unless there is a binding promise regarding the actual time of delivery.
Steria Mummert Consulting is allowed to deliver the goods in parts.
The delivery takes place according to the respective costs of shipping applicable in the individual case. All risks and dangers of delivery are transferred to the buyer once Steria Mummert Consulting has handed the goods over to the commissioned logistical partner.
§ 4 Buyer´s right of withdrawal
The buyer has the right to withdraw from the contract within the period of 14 days after receipt of the goods in accordance with the instructions regarding withdrawal on the delivery note. To remain within this period it suffices to send the withdrawal via fax, letter and email or by simply returning the goods in time to (respectively):
Steria Mummert Consulting AG
Hans-Henny-Jahnn-Weg 29
D-22085 Hamburg
Germany
Fax +49[0] 40/ 227 03 7999
E-Mail: info@steria-mummert.de
The expenses incurred for returning goods up to a value of EUR 40.- will be born by the buyer unless the supplied goods or services do not correspond to the ordered ones.
The expenses and the danger of returning the goods at or after exercising the right of withdrawal according to the preceding paragraph will be born by Steria Mummert Consulting.
In case principal deteriorations of the goods or the loss of the goods should occur, the buyer has to compensate for the corresponding decrease in the value of the goods by paying Steria Mummert Consulting the respective amount.
If the buyer has already paid the purchase price, Steria Mummert Consulting will be entitled to deduct the decrease in value from the purchase price to be returned. In individual cases the decrease in value may correspond to the total amount of the paid purchase price.
This right of withdrawal does not apply to cases of audio or video recordings, in the case of software where the buyer has removed the seal or in the case of services submitted online.
If the buyer returns the goods to Steria Mummert Consulting and in the case of an exclusion of the right of withdrawal and of the returning of the goods, the buyer has to bear the expenses of another delivery to him by Steria Mummert Consulting.
§ 5 Payment date, payment and default
All prices are listed in EUROS including VAT. The expenses for delivery are born by Steria Mummert Consulting.
Steria Mummert Consulting only accepts the forms of payment indicated to the buyer in the course of the respective order transaction.
The purchase price becomes due at the time of the order. If the buyer defaults Steria Mummert Consulting is entitled to charge default interest in the amount of 5 % above the base lending rate per year proclaimed by the European Central Bank. If a higher damage caused by delay has verifiably occurred, Steria Mummert Consulting is entitled to claim this higher damage.
§ 6 Offsetting, Right of retention
The buyer is only entitled to offset if a claim is undisputed or has been ascertained to be legally binding. In addition, he is only allowed the right of retention insofar as his counterclaim is based on the same contractual relationship and is also undisputed or legally binding.
§ 7 Retention of title
Until all claims against the buyer are settled Steria Mummert Consulting will remain the owner of the supplied goods. The buyer is not entitled to sell or process the goods until they have been paid for completely.
§ 8 Warranties
Steria Mummert Consulting will be responsible for defects present at the time of delivering the goods for a period of warranty of one year according to the following conditions:
- The buyer has to make possible defects known to Steria Mummert Consulting in writing immediately. If Steria Mummert Consulting is responsible for the defect, the buyer will have to decide if Steria Mummert Consulting shall eliminate this defect by remedying or by delivering new goods.
- If this remedying or delivering new goods fails, or if Steria Mummert Consulting is not able to do so because expenses would be too high, or if remedying or delivering new goods is prolonged beyond appropriate time limits because of reasons Steria Mummert Consulting is not responsible for, the buyer has the right to withdraw from the contract regardless of possible liability claims or to demand a decreasing of the purchase price.
§ 9 Liability
Steria Mummert Consulting is liable in the following cases, regardless of the legal basis:
In the event of a lacking of a characteristic for which Steria Mummert Consulting assumed guarantee, in the event of malevolence and for damages resulting from intent or a gross negligence on the part of Steria Mummert Consulting, Steria Mummert Consulting will be liable according to the applicable law. Damages resulting from a slight negligence will only be compensated for if the slight negligence concerns a substantial obligation (cardinal obligation or substantial collateral obligation).
In cases of a slight negligent violation of a substantial obligation, the compensation will be limited in its amount to the damage typical for contracts of a similar nature, where the damage is the foreseeable damage at the time of conclusion of the contract or at the latest at the time when the breach of the obligation occurs.
Liability claims arising from the laws concerning product liability and from damages resulting from an injury of life, body or health remain untouched by the preceding limitations of liability.
Liability claims will come under the satute of limitations after 1 year.
The liability claim for a possible loss or damaging of data is limited to the expenses necessary to retrieve the data from the secured data material if orderly data backup was undertaken.
The preceding limitations of liability also apply in favour of possible legal representatives or vicarious agents involved who are acting on behalf of Steria Mummert Consulting.
§ 10 Applicable law and place of jurisdiction
This contract is subject only to the res judicata of the Federal Republic of Germany, excluding the applicability of the UN treaty on the international purchase and sale of movable goods and intellectual property rights.
If the buyer is a businessman or business entity, Hamburg will be the only place of jurisdiction regarding all claims involving the business relationship between Steria Mummert Consulting and the buyer.
Data Protection
You may be asked to submit personal data when using the website of Steria Mummert Consulting. These data will only be stored and processed in connection with the purpose of individually accommodating your needs and supplying you with the information you requested. A processing and using of your personal data will only come into effect with your explicit consent.
You can revoke this consent at any point in time with immediate future effect.
Please refer to info@steria-mummert.de for this purpose.
Steria Mummert Consulting assures you of the fact that all information submitted by you in the course of using this website will be treated according to the existing laws governing data protection.