We are Blackpos POS systems.
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The following General Terms and Conditions (GTC) apply to all business relationships between you as a private customer and Blackpos Kassensysteme. The version of these General Terms and Conditions valid at the time the contract is concluded shall apply. We define private customers as consumers in accordance with § 13 BGB.
Trading via the Internet is a key component of our business philosophy. To ensure that your order goes smoothly, we want to keep it as described below: Our presentation of goods on the Internet or in print media does not constitute an offer, but a non-binding invitation to you to order these products from us. Your order of the desired products via our website, by e-mail, fax, in writing or by telephone is a legally binding offer to conclude a purchase contract. We will confirm receipt of your order without delay. The order confirmation as well as the acceptance of a telephone order do not constitute a legal acceptance on our part. By dispatching the goods to you, we accept your offer. Please note that the text of the contract relating to your order is not stored by us and can no longer be retrieved after the contract has been concluded.
Right of cancellation: You can cancel your contractual declaration within two weeks without giving reasons in writing (e.g. letter, fax, e-mail) or – if the goods are delivered to you before the deadline – by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before the fulfilment of our information obligations in accordance with § 312 c para. 2 BGB in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV and § 312 e Abs. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. Timely dispatch of the cancellation or the goods is sufficient to comply with the cancellation period. The cancellation is to be sent to: Blackpos Kassensysteme, Schonnebecker Str. 46, 45884 Gelsenkirchen, Germany, Phone: +49 176 21960761 +49 (209) 95713211, E-mail: service@blackpos.de
We provide specific information on availability and delivery dates for all products shown on our website. Nevertheless, we must reserve the right to supply ourselves with items that we do not keep in stock. You will be informed immediately in the event of delays in delivery. In the event of final unavailability, any advance payments already made will be refunded immediately.
Another important point to avoid disputes from the outset is our very clear pricing and payment terms. The prices valid on the order date shall apply. Should the prices for the products ordered by you be adjusted downwards between the time of ordering and delivery to you, we will grant a credit note for the difference in price on request. All prices are gross prices in EUR and include the statutory VAT of 19% (7% for books). In the case of mail order purchases, the price does not include shipping costs. You are only entitled to set-off rights if your counterclaims are legally established, undisputed or recognised by us.
Particularly in the event of damage to the products supplied by us and the handling of warranty claims, we endeavour to find a mutually satisfactory solution in peaceful and trusting cooperation with you. With the following exceptions, we consider the statutory regulations to be good and sufficient.
We ask you to notify us in writing of any obvious defects in the goods within two weeks of receipt. Your warranty rights as our customer naturally remain unaffected by this. We grant a warranty of two years from delivery of the goods for new goods purchased from us. The warranty period for used and demonstration appliances is one year from delivery of the goods. The one-year warranty period shall not apply if we can be accused of gross negligence or in the event of physical injury or damage to health attributable to us or in the event of loss of your life. Our liability under the Product Liability Act remains unaffected by this.
In order to avoid legal disputes, you are obliged, before asserting your warranty claims, to make the goods complained about available to us for inspection of the defect, either at your premises, by sending them to us or to a third party designated by us, at our discretion. Please contact us by telephone on +49 (209) 95713211 Monday to Friday from 9 a.m. to 6 p.m. to arrange the next steps. If you refuse to co-operate in this respect, we shall be released from our warranty obligation. In the case of the predominantly sensitive technical devices supplied by us, you will surely understand that we cannot be held liable for defects caused by improper or non-contractual measures, in particular during installation, connection, operation or storage. Warranty claims shall also lapse if unauthorised third parties have interfered with the goods supplied by us or if changes have been made to them or if consumables are used which do not correspond to the manufacturer’s specifications for the individual products supplied by us. The same applies to damage caused by operating the products supplied by us together with other devices whose compatibility is not guaranteed. Should we replace individual components of the items supplied by us by way of subsequent improvement, we shall acquire ownership of the replaced items. In the event of a subsequent delivery, our company shall become the owner of the replaced devices and/or components upon receipt of the replacement device by the contractual partner.
We do not give you any guarantees in the legal sense. Manufacturer warranties remain unaffected by this.
Should you suffer any damage in connection with our products, we will endeavour to find an amicable solution with you. However, we hope you will understand that we must limit our liability to a mutually acceptable level. Our liability and that of our vicarious agents for slightly negligent breaches of duty is limited to the foreseeable, contractually typical, direct average damage. We and our vicarious agents shall not be liable for slightly negligent breaches of obligations which are not essential to the contract and which do not jeopardise the performance of the contract. The above limitations of liability do not affect your claims arising from product liability or warranty. Furthermore, the limitations of liability shall not apply in the event of physical injury or damage to health attributable to us or in the event of loss of life.
We are only liable for our own content on the website of our online shop. Insofar as we provide access to other websites via links, we are not responsible for the third-party content contained therein. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.
We reserve title to the object of purchase until the purchase price has been paid in full. The customer must inform us immediately of any enforcement measures taken by third parties against the reserved goods, handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform the third parties in advance of the existing rights to the goods.
We take the issue of data protection very seriously and collect, process and use your recorded data in accordance with the provisions of the Federal Data Protection Act and the Teleservices Data Protection Act. This data can be passed on to authorised representatives and acc. § We may transmit your personal data to carefully selected business partners in accordance with Section 11 BDSG, for example for the purpose of credit checks and financing. In the context of a financial purchase, the financing bank remains solely responsible for the proper collection, use and storage of the data in accordance with data protection law. The collection, processing and use of personal data for marketing purposes requires your prior consent. You have the option of giving this consent before placing your order. You have the right to withdraw your consent at any time with effect for the future. Further information on data protection can be found on our website.
The application of the UN Convention on Contracts for the International Sale of Goods is excluded; German law shall apply. Finally, we would like to point out that should individual provisions of these terms and conditions or of the contract concluded with you be wholly or partially invalid, this shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by the relevant statutory provision. If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.
Schonnebecker Str. 46, 45884 Gelsenkirchen Deutschland
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