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GT & C
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General Terms and Conditions of Business (GT & C)
Company Michaela Lorenz - the Shoplooker/shoplooker.com
Area of application
Following ones general trading conditions apply to all contracts, supplies and other achievements, including advisory activities as well as the sales of software licences. General trading conditions of the buyer do not become obligating also if the seller contradicts them not expressly. All verbal, telegraphic or telephone agreements require, in order to become effectively, the written confirmation of Michaela Lorenz, in the following the Shoplooker mentioned.
1. Offer and conclusion
The offers of the Shoplooker take place not-binding; Conclusions of contracts and other agreements become only obligatory by a written confirmation of order of the Shoplooker.
2. Terms of payment, delay, set-off
As far as something else one does not agree upon, we accept only for customers and seller safe pre-payment by PayPal or moneybookers. Payments by transfer require the special arrangement with the Shoplooker.
The purchase price is to be paid immediately due and without discount deductions, i.e. within max. 10 days starting from date of order. A payment is considered only then as taken place, if this were finally received with the Shoplooker, i.e. with payment by PayPal or moneybookers on the respective accounts, during transfer with credit note on the bank account of the Shoplooker. The Shoplooker is obligated after receipt of payment to place a for taxation effective calculation.
The customer turns out for 11 starting from that. Calender date after entrance of a calculation and/or a summons to pay (the date of order is decisive), even if these directly with conclusion of a contract takes place, in delay. Opposite buyers the entrance of summons to pay is assumed on the day of electronic dispatching and/or dispatching by fax, when dispatching by post office of three calender dates after dispatching.
A any delay of the customer does not persist despite payment reminder by the Shoplooker longer and it takes place a reaction on the part of the customer keeps itself we forwards with the collection of the pending total amount the collection enterprise MediaFinanz GmbH & CO. KG in Osnabrück. The further costs resulting from it go debited to the debtor.
To § 286 BGB the debtor of a pecuniary claim at the latest 30 of calender dates comes automatically to receipt of the calculation and/or Bestellbstätigung into delay. If it lets changes or cheques go to protest or if request for opening of the insolvency procedure is placed over its fortune, the Shoplooker is justified to place all demands immediately against the customer due all supplies and achievements restrainable and all rights from property and/or right to use reservations to make valid.
Rights of lien are entitled to the customer only, as far as the counterclaim is based on the same contractual relation. A set-off with demands of the customer is impossible, it is, these demands is determined validly or by us recognition.
3. Supply and dispatch
Times for delivery and/or dates are always considered as approximate, if a deviating, special agreement was not made in writing. Partial deliveries are permissible with delivery bottlenecks, if you are not excluded expressly in writing from the orderer. If the Shoplooker cannot supply assured goods totally or partly, the orderer can withdraw from the contract. Claims for damages are limited to resolution and rough negligence. The excess of times for delivery justifies claims for damages or a Rücktrittsrecht of the contract in no case. All transmissions - including any returns - go on calculation and danger of the orderer, as far as nothing else is in writing agreed upon. The danger for loss and damage turns into with sending off on the customer. Replacement for missing or on transport damaged transmissions is not carried out. If the dispatch is retarded when desired or from being to blame for the orderer, the commodity at expense and danger of the orderer stores.
As far as the software is supplied by download by our server or for de-energising, download of further components in the context of the installation, update or upgrades internet accesses, the customer carries its telecommunications, Provider and other costs, which result from the Internet access.
With the Download the danger with the transition of the last packet belonging to the files of the software ignores one via the gateway the Upstream - Provider of our Providers on the customer.
In the case of supply of a data medium the danger with delivery of the data medium to the transportation person turns into on the customer.
4. Retention of title
The Shoplooker reserves itself up to the complete payment of their all demands from all supplies the property at the supplied goods in accordance with § 455 BGB. The orderer is exclusively entitled for the far sale of Reseller licenses in the normal course of business. Single place licenses do not fall under this authorization. The orderer surrenders the demands resulting from the far sale to the Shoplooker to the safety device. It is authorized to draw in the retired demands so long as it follows as stipulated its obligation to pay of the Shoplooker opposite. A Verpfändung or a transfer by way of security is inadmissibly, a seizing through third is to be contradicted immediately. Each access third on the reservation commodity is to be communicated the Shoplooker under collecting main of all documents necessary for the asserting of the retention of title immediately. The orderer of the Shoplooker has to replace all any intervention costs.
5. Guarantee (see also 6. Right of revocation)
Objections of the supplies and notices of defect are immediate to make in writing valid at the latest however within 8 days after receipt of the commodity. Warranty claims are limited after choice of the Shoplooker to rework or to remuneration of the commodity value against return of the commodity. Claims for damages, equal which kind (approximately for costs of the installation or because of damage, which is to due indirectly or directly to from the Shoplooker supplied goods), are impossible. The Shoplooker is justified to develop further or develop further let their products sequentially. Deviations of the supplied in relation to the ordered product are permissible if you serve the qualitative development of the product.
6. Revocation instruction
Right of revocation:
you are allowed to recall your contract explanation within two weeks without indication of reasons in text form (e.g. letter, fax, email) and by return of the thing. The period begins at the earliest with receipt of the instruction. For keeping the punctual sending off of the revocation or the thing meets the period of revocation. The revocation is by letter to arrange fax or mail on:
Michaela Lorenz - Der Shoplooker
Schölerpad 119
45143 Essen
Fax: 01212-5-98 27 10 48
Email: sales@shoplooker.com
Restriction of the right of revocation:
For software no right of revocation exists after § 312 D exp. 4 No. 2 BGB if the data media was unsealed. There is likewise no right of revocation § 312 D exp. 4 No. 1 BGB in supply of de-energising codes or on-line supply, e.g. by email forwarding or Download, since the data are not suitable for the return due to your condition. For goods, which were made after customer specification, exp. does not exist 4 No. 1 BGB a right of revocation after § 312 D.
Your right of revocation expires prematurely evenly in such a way, if its contracting party (the Shoplooker) began with the execution of the service with your express agreement before end of the period of revocation or it these to have arranged (e.g. domain order, installation, registration with partner programs etc.)
To be given change in case of an effective revocation on both sides received achievements to be refunded and uses if necessary pulled (e.g. interest) are. If you cannot refund the received achievement totally or partly or only in worsened condition, you must carry to that extent if necessary indemnification according to value for us out. During the return from a goods delivery, whose purchase order value amounts to altogether up to 40 EUR, you have to bear the cost of the return, if the supplied commodity corresponds to the ordered. Otherwise the return for you is free.
7. Data security
If you order with shoplooker.com, we store your address and data relating to orders for business completion and for customer care (e.g. your registration to new type character, partner program). Left data given to us we will not use in any case for advertising purposes. The treatment of your data takes place in agreement with the regulations of the Federal Law for Data Protection as well as the Teledienstdatengesetzes.
8. Copyright/copyright (S. also EULA)
The licensee/customer is not justified to remove or to change the copyright > © 2003 - the Shoplooker <> Determines shoplooker.com with a routine examination a copyright infringement, the licensee get a first reference with period setting to the re-instatement of the copyright and/or removing a shoplooker logos or the term “more shoplooker” by email, letter or fax will send. If the licensee up to the end of this period does not set the copyright, the Shoplooker charges for a C-free (copyright-free) version. The copyright-free version of the software of the Shoplooker becomes with 50,-- € inclusive. VAT. computed (S. also 2. Terms of payment, delay, set-off). Equipment of the licensees in delay or refuses paying surcharge for a C-free version, keeps themselves the Shoplooker before the legal way to walk on. Ignoring the request the term “more shoplooker” to remove, hurts copyright and draws immediately a criminal pursuit. The further costs inclusive resulting from it. go to a penalty charge which can be determined debited to the licensee.
If the licensee is not able to install the copyright again and turns to the support of the Shoplooker, in order to install with its assistance the copyright again, the Shoplooker places this service with 12,50 € inclusive. gesetzl. VAT. in calculation (S. also 2. Terms of payment, delay, set-off).
9. Support
Whether support is with enclosed in the selling price, is to be taken from the respective description of article.
The Shoplooker offers liable to pay the costs support and/or execution to the installation as additional service, which also still later can be ordered. The current price as well as conditions are to be read from the description of article.
The Shoplooker offers free of charge its forum to its customers
http://forum.der-affili-manager.de/ for mutual change. The Shoplooker keeps itself the right before this service at any time totally or partly to adjust or a part of the service only against fee furnish. There is not also in the forum a requirement on free support by the Shoplooker, it is it expressly and in writing something else was agreed upon.
Individual adjustments of the Scripte the licensee are contained when desired under normal conditions not in the liable to pay the costs support of of the Shoplooker. Whether a such achievement is charged for, the Shoplooker in the apron with the licensee clarifies in writing and dependent on the range of the desired changes. The Shoplooker computes 12.50 € inclusive for such achievements. VAT. per begun half hour. The licensee receives an offer and after conclusion of the work one of the tax office recognized calculation.
10. Place of delivery and area of jurisdiction
Place of delivery for all supplies and payments is the registered place of business of the Shoplooker. The area of jurisdiction for all from the contractual relation as well as its effectiveness developing law cases is the registered place of business of the Shoplooker. Opposite full buyers in the sense of the commercial law beyond that area of jurisdiction is the seat of the Shoplooker for all requirements, which are due from the business relation. The entire contractual relation is subject to the right of the Federal Republic of Germany.
11. Special agreements, partial effectiveness
Verbal agreements do not have validity. This applies also to the agreement to do without writing. If the managing trading conditions should be partly ineffective, both the contract and the trading conditions remain in all other respects effective.
12. Salvatori clause
If individual regulations of these general trading conditions should not be legally effective totally or partly or lose later their legal force, then thereby the validity of the general trading conditions is otherwise not affected. To the place the legal regulations step the ineffective regulation. The same applies, as far as the general trading conditions exhibit a not foreseen gap.
Essen, 24 August 2007
Michaela Lorenz - the Shoplooker
Schölerpad 119
45143 Essen
Internet: www.shoplooker.com
Tax NR.: 110/5103/1458 - Tax office Essen north
Kleinstunternehmer after § 19 UStG: VAT. will not be shown separately!
Tel: 0201-1259308/Mo to Fr: 15.00 - 17,00 h NO support!
Fax: 01212 59 82 71 048
Email: sales@shoplooker.com
Company Michaela Lorenz - the Shoplooker/shoplooker.com
Area of application
Following ones general trading conditions apply to all contracts, supplies and other achievements, including advisory activities as well as the sales of software licences. General trading conditions of the buyer do not become obligating also if the seller contradicts them not expressly. All verbal, telegraphic or telephone agreements require, in order to become effectively, the written confirmation of Michaela Lorenz, in the following the Shoplooker mentioned.
1. Offer and conclusion
The offers of the Shoplooker take place not-binding; Conclusions of contracts and other agreements become only obligatory by a written confirmation of order of the Shoplooker.
2. Terms of payment, delay, set-off
As far as something else one does not agree upon, we accept only for customers and seller safe pre-payment by PayPal or moneybookers. Payments by transfer require the special arrangement with the Shoplooker.
The purchase price is to be paid immediately due and without discount deductions, i.e. within max. 10 days starting from date of order. A payment is considered only then as taken place, if this were finally received with the Shoplooker, i.e. with payment by PayPal or moneybookers on the respective accounts, during transfer with credit note on the bank account of the Shoplooker. The Shoplooker is obligated after receipt of payment to place a for taxation effective calculation.
The customer turns out for 11 starting from that. Calender date after entrance of a calculation and/or a summons to pay (the date of order is decisive), even if these directly with conclusion of a contract takes place, in delay. Opposite buyers the entrance of summons to pay is assumed on the day of electronic dispatching and/or dispatching by fax, when dispatching by post office of three calender dates after dispatching.
A any delay of the customer does not persist despite payment reminder by the Shoplooker longer and it takes place a reaction on the part of the customer keeps itself we forwards with the collection of the pending total amount the collection enterprise MediaFinanz GmbH & CO. KG in Osnabrück. The further costs resulting from it go debited to the debtor.
To § 286 BGB the debtor of a pecuniary claim at the latest 30 of calender dates comes automatically to receipt of the calculation and/or Bestellbstätigung into delay. If it lets changes or cheques go to protest or if request for opening of the insolvency procedure is placed over its fortune, the Shoplooker is justified to place all demands immediately against the customer due all supplies and achievements restrainable and all rights from property and/or right to use reservations to make valid.
Rights of lien are entitled to the customer only, as far as the counterclaim is based on the same contractual relation. A set-off with demands of the customer is impossible, it is, these demands is determined validly or by us recognition.
3. Supply and dispatch
Times for delivery and/or dates are always considered as approximate, if a deviating, special agreement was not made in writing. Partial deliveries are permissible with delivery bottlenecks, if you are not excluded expressly in writing from the orderer. If the Shoplooker cannot supply assured goods totally or partly, the orderer can withdraw from the contract. Claims for damages are limited to resolution and rough negligence. The excess of times for delivery justifies claims for damages or a Rücktrittsrecht of the contract in no case. All transmissions - including any returns - go on calculation and danger of the orderer, as far as nothing else is in writing agreed upon. The danger for loss and damage turns into with sending off on the customer. Replacement for missing or on transport damaged transmissions is not carried out. If the dispatch is retarded when desired or from being to blame for the orderer, the commodity at expense and danger of the orderer stores.
As far as the software is supplied by download by our server or for de-energising, download of further components in the context of the installation, update or upgrades internet accesses, the customer carries its telecommunications, Provider and other costs, which result from the Internet access.
With the Download the danger with the transition of the last packet belonging to the files of the software ignores one via the gateway the Upstream - Provider of our Providers on the customer.
In the case of supply of a data medium the danger with delivery of the data medium to the transportation person turns into on the customer.
4. Retention of title
The Shoplooker reserves itself up to the complete payment of their all demands from all supplies the property at the supplied goods in accordance with § 455 BGB. The orderer is exclusively entitled for the far sale of Reseller licenses in the normal course of business. Single place licenses do not fall under this authorization. The orderer surrenders the demands resulting from the far sale to the Shoplooker to the safety device. It is authorized to draw in the retired demands so long as it follows as stipulated its obligation to pay of the Shoplooker opposite. A Verpfändung or a transfer by way of security is inadmissibly, a seizing through third is to be contradicted immediately. Each access third on the reservation commodity is to be communicated the Shoplooker under collecting main of all documents necessary for the asserting of the retention of title immediately. The orderer of the Shoplooker has to replace all any intervention costs.
5. Guarantee (see also 6. Right of revocation)
Objections of the supplies and notices of defect are immediate to make in writing valid at the latest however within 8 days after receipt of the commodity. Warranty claims are limited after choice of the Shoplooker to rework or to remuneration of the commodity value against return of the commodity. Claims for damages, equal which kind (approximately for costs of the installation or because of damage, which is to due indirectly or directly to from the Shoplooker supplied goods), are impossible. The Shoplooker is justified to develop further or develop further let their products sequentially. Deviations of the supplied in relation to the ordered product are permissible if you serve the qualitative development of the product.
6. Revocation instruction
Right of revocation:
you are allowed to recall your contract explanation within two weeks without indication of reasons in text form (e.g. letter, fax, email) and by return of the thing. The period begins at the earliest with receipt of the instruction. For keeping the punctual sending off of the revocation or the thing meets the period of revocation. The revocation is by letter to arrange fax or mail on:
Michaela Lorenz - Der Shoplooker
Schölerpad 119
45143 Essen
Fax: 01212-5-98 27 10 48
Email: sales@shoplooker.com
Restriction of the right of revocation:
For software no right of revocation exists after § 312 D exp. 4 No. 2 BGB if the data media was unsealed. There is likewise no right of revocation § 312 D exp. 4 No. 1 BGB in supply of de-energising codes or on-line supply, e.g. by email forwarding or Download, since the data are not suitable for the return due to your condition. For goods, which were made after customer specification, exp. does not exist 4 No. 1 BGB a right of revocation after § 312 D.
Your right of revocation expires prematurely evenly in such a way, if its contracting party (the Shoplooker) began with the execution of the service with your express agreement before end of the period of revocation or it these to have arranged (e.g. domain order, installation, registration with partner programs etc.)
To be given change in case of an effective revocation on both sides received achievements to be refunded and uses if necessary pulled (e.g. interest) are. If you cannot refund the received achievement totally or partly or only in worsened condition, you must carry to that extent if necessary indemnification according to value for us out. During the return from a goods delivery, whose purchase order value amounts to altogether up to 40 EUR, you have to bear the cost of the return, if the supplied commodity corresponds to the ordered. Otherwise the return for you is free.
7. Data security
If you order with shoplooker.com, we store your address and data relating to orders for business completion and for customer care (e.g. your registration to new type character, partner program). Left data given to us we will not use in any case for advertising purposes. The treatment of your data takes place in agreement with the regulations of the Federal Law for Data Protection as well as the Teledienstdatengesetzes.
8. Copyright/copyright (S. also EULA)
The licensee/customer is not justified to remove or to change the copyright > © 2003 - the Shoplooker <> Determines shoplooker.com with a routine examination a copyright infringement, the licensee get a first reference with period setting to the re-instatement of the copyright and/or removing a shoplooker logos or the term “more shoplooker” by email, letter or fax will send. If the licensee up to the end of this period does not set the copyright, the Shoplooker charges for a C-free (copyright-free) version. The copyright-free version of the software of the Shoplooker becomes with 50,-- € inclusive. VAT. computed (S. also 2. Terms of payment, delay, set-off). Equipment of the licensees in delay or refuses paying surcharge for a C-free version, keeps themselves the Shoplooker before the legal way to walk on. Ignoring the request the term “more shoplooker” to remove, hurts copyright and draws immediately a criminal pursuit. The further costs inclusive resulting from it. go to a penalty charge which can be determined debited to the licensee.
If the licensee is not able to install the copyright again and turns to the support of the Shoplooker, in order to install with its assistance the copyright again, the Shoplooker places this service with 12,50 € inclusive. gesetzl. VAT. in calculation (S. also 2. Terms of payment, delay, set-off).
9. Support
Whether support is with enclosed in the selling price, is to be taken from the respective description of article.
The Shoplooker offers liable to pay the costs support and/or execution to the installation as additional service, which also still later can be ordered. The current price as well as conditions are to be read from the description of article.
The Shoplooker offers free of charge its forum to its customers
http://forum.der-affili-manager.de/ for mutual change. The Shoplooker keeps itself the right before this service at any time totally or partly to adjust or a part of the service only against fee furnish. There is not also in the forum a requirement on free support by the Shoplooker, it is it expressly and in writing something else was agreed upon.
Individual adjustments of the Scripte the licensee are contained when desired under normal conditions not in the liable to pay the costs support of of the Shoplooker. Whether a such achievement is charged for, the Shoplooker in the apron with the licensee clarifies in writing and dependent on the range of the desired changes. The Shoplooker computes 12.50 € inclusive for such achievements. VAT. per begun half hour. The licensee receives an offer and after conclusion of the work one of the tax office recognized calculation.
10. Place of delivery and area of jurisdiction
Place of delivery for all supplies and payments is the registered place of business of the Shoplooker. The area of jurisdiction for all from the contractual relation as well as its effectiveness developing law cases is the registered place of business of the Shoplooker. Opposite full buyers in the sense of the commercial law beyond that area of jurisdiction is the seat of the Shoplooker for all requirements, which are due from the business relation. The entire contractual relation is subject to the right of the Federal Republic of Germany.
11. Special agreements, partial effectiveness
Verbal agreements do not have validity. This applies also to the agreement to do without writing. If the managing trading conditions should be partly ineffective, both the contract and the trading conditions remain in all other respects effective.
12. Salvatori clause
If individual regulations of these general trading conditions should not be legally effective totally or partly or lose later their legal force, then thereby the validity of the general trading conditions is otherwise not affected. To the place the legal regulations step the ineffective regulation. The same applies, as far as the general trading conditions exhibit a not foreseen gap.
Essen, 24 August 2007
Michaela Lorenz - the Shoplooker
Schölerpad 119
45143 Essen
Internet: www.shoplooker.com
Tax NR.: 110/5103/1458 - Tax office Essen north
Kleinstunternehmer after § 19 UStG: VAT. will not be shown separately!
Tel: 0201-1259308/Mo to Fr: 15.00 - 17,00 h NO support!
Fax: 01212 59 82 71 048
Email: sales@shoplooker.com
