§ 1 General Provisions, Scope of Application
1. The following General Terms and Conditions regulate the contractual relations between Fiber24 GmbH (hereinafter referred to as "Fiber24") and companies that use Fiber24’s internet offers or enter into business relations with Fiber24 in another way (hereinafter referred to as “Customers”). The General Terms and Conditions refer to the utilisation of the website fiber24.net or all sub-domains belonging to this domain, as well as to orders placed by the Customer by other means.
The decisive version shall at all times be the version valid at the time the contract was concluded.
2. For the purposes of this contract, the term “company” shall mean every natural person and legal entity or partnership with legal capacity entering into business relations with Fiber24 during the exercise of their commercial or independent professional activities.
3. Fiber24’s internet offers are directed to companies only.
§ 2 Conclusion of the Contract
1. Fiber24’s offers provided on the internet present a non-binding request to the Customer to order goods from Fiber24.
2. By placing an order for the desired purchase object on the internet, the Customer issues a binding offer for the conclusion of a purchase contract.
3. Fiber24 shall have the right to accept this offer within 7 days. Acceptance shall be effected by sending an order confirmation via e-mail or by delivery of the goods. After fruitless expiry of the period stipulated in sentence 1, the offer shall be deemed to have been rejected.
If a confirmation of receipt of an offer is sent, this shall not be regarded as an acceptance of such offer.
§ 3 Payment, Due Date, Default of Payment
1. Payment of the goods shall be effected in advance through bank transfer, PayPal, or SOFORT banking, or against cash on delivery. Payment against cash on delivery is only granted for deliveries within Germany and might be unavailable in other countries. We reserve the right to exclude certain ways of payment or accept other ways of payment in individual cases.
2. If payment is effected in advance, the Customer undertakes to pay the purchase price immediately after the conclusion of the contract. If payment is effected against cash on delivery, the Customer undertakes to pay the purchase price upon delivery of the goods. If payment is effected against invoice, the Customer undertakes to pay the purchase price within 14 days from receipt of the goods.
3. Should the Customer be in default of payment, he/she shall be responsible for any negligence during the period of default. With regard to the performance of his/her obligations, he/she shall also be liable for incidental damages, unless such damages would also have been incurred had performance been effected in a timely manner.
Fiber24 reserves the right of setting a delivery block for the duration of default.
4. Interest shall be due on the purchase price for the time of default. Default interest per annum shall be eight percentage points above the basic interest rate.
5. Enforcement of other damages shall not be excluded.
§ 4 Delivery
1. Delivery shall be effected by shipment of the purchase object to the address stipulated by the Customer.
2. Delivery shall be effected against payment of the packaging and shipping costs stipulated in the internet shop under “Customer Information” at the time the order is placed. Should the Customer desire a specific type of shipment which leads to higher costs, or should the Customer wish partial or advance deliveries, he/she shall be obligated to bear the additional costs as well.
3. Information on shipping times are only binding if confirmed by us in writing as binding. Delays in delivery due to force majeure, war, lack of materials, labor disputes or other circumstances beyond our control automatically extend the time of delivery beyond the end of these circumstances plus a reasonable period.
4. The risk of accidental loss or accidental deterioration of the purchase object shall pass to the Customer as soon as Fiber24 has handed the goods over to the forwarder, carrier or any person or entity designated to effect shipment.
§ 5 Reservation of Title
1. The purchase object shall remain the property of Fiber24 up until the time complete payment has been effected. Prior to the transfer of title, the object may not be pledged, transferred by way of security, processed or remodelled without Fiber24’s expressed consent.
§ 6 Prices
1. The price for the purchase object as stipulated in the corresponding offer shall be net plus any value added tax which may apply. The price does not comprise any delivery or shipping costs.
§ 7 Cancellation
1. Fiber24 shall have the right to cancel the contract, also with regard to a part of the delivery or service which has not yet been performed, if incorrect information has been provided regarding the customer’s creditworthiness or if objective reasons have arisen with regard to the Customer’s inability to pay, such as the opening of insolvency proceedings against the Customer’s assets or the rejection of such proceedings due to lack of assets which would not cover the costs. Prior to a cancellation, the Customer shall be provided with the opportunity of effecting a prepayment or providing adequate security.
2. Notwithstanding any damage claims, partial services already provided in case of a partial cancellation shall be invoiced and paid for in accordance with the contract.
§ 8 Warranty
1. Fiber24 warrants that the purchase object is free of defects at the time it is handed over.
2. The Customer is obligated to immediately examine the delivered goods with regard to deviations in quality and quantity, and to notify Fiber24 immediately of any recognisable defects; in case of a failure to do so, warranty claims cannot be asserted. Fiber24 must be informed of hidden defects as soon as they are discovered. In such cases, the Customer shall bear the complete burden of proof for all facts on which the claim is based, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notification of the defect.
3. In cases of defects, Fiber24 shall, at its discretion, either provide subsequent rectification or a replacement delivery.
4. The Customer’s claims based on defects shall become time-barred after one year. This period of limitation shall not apply for claims for damages.
5. Should Fiber24 deliver a non-defective purchase object for purposes of subsequent performance, Fiber24 shall be entitled to request that the Customer return the defective purchase object.
6. Any damages incurred due to improper measures or measures not conforming with the contract, carried out by the customer during installation, connection, operation or storage, shall not lead to claims against Fiber24.
§ 9 Restriction of Liability
1. Unless damage is incurred due to the violation of life, body or health, Fiber24 shall only be liable in as far as such damage is caused by intentional or grossly negligent conduct, or by the culpable violation of an essential contractual obligation by Fiber24 or its vicarious agents. An obligation shall be deemed to be essential for the contract if its fulfilment is what enables the proper execution of the contract, and if the Customer may generally rely on it being adhered to. Any further liability for damages shall be excluded. This shall not affect any claims based on a guarantee provided by Fiber24 with regard to the characteristics of the purchase object, nor claims under the Produkthaftungsgesetz (German Product Liability Act).
2. State-of-the-art technology cannot guarantee that data communication will be error-free and/or available at all times. Therefore, we shall not be liable for our internet shop being available at all times.
§ 10 Place of Jurisdiction
All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany. The application of UN sales law is excluded. The exclusive place of jurisdiction for all disputes under this contract shall be Fiber24’s place of business.
§ 11 Severability Clause
Should one of the provisions in these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the remaining provisions in these General Terms and Conditions, unless one of the contracting parties would be unreasonably discriminated by the omission of individual provisions so that it can no longer be expected to adhere to the contract.
General Terms and Conditions of Fiber24 GmbH, as of October 1st, 2016