Imprint

Information according to § 5 TMG:

tuneful ROI KG
Haldesdorfer street 23
22179 Hamburg

Represented by:

Ronny Leimbach

contact:

E-mail: tuneful@tuneful.de

Phone: +49 40 552 89 98 0

Entry in the register:

Entry in the commercial register.
Register court: Local court Hamburg
Register number: HRA 110519

Sales tax ID:

Sales tax identification number according to §27 a Umsatzsteuergesetz:
DE266470467

General Terms and Conditions of Business and Delivery for Hardware and Software

1. validity of the general terms and conditions of the company tuneful ROI KG

These General Terms and Conditions of Business and Delivery shall apply to all contracts concluded between the Company and the Purchaser as well as to all other agreements made within the scope of the business relationship. General terms and conditions of the Customer shall expressly not become part of the contract, even if they are not expressly contradicted by the Company. In the event that the Customer does not wish to accept the following general terms and conditions of business and delivery, it shall notify the Company thereof in writing in advance.

2. terms of payment and prices

All invoices of the company are payable within 7 days from the date of invoice. The date of receipt of payment by the Company shall be decisive. In case of default, the Company shall be entitled to withhold further deliveries and services. In case of default of payment by the Customer, the Company shall be entitled to charge interest in the amount of 1.5% above the respective discount rate of the Deutsche Bundesbank.

All prices are subject to the statutory value added tax. The company is entitled to make partial deliveries.

3. delivery and shipment

All offers are subject to change.

All delivery dates stated by the Company are non-binding delivery dates, unless a delivery date is expressly agreed in writing to be binding. If the Purchaser demands changes or additions to the order after the order has been placed or if other circumstances occur which make it impossible for the Company to meet the delivery date, although the Company is not responsible for these circumstances, the delivery date shall be postponed by a reasonable period of time. If the Company is prevented from timely fulfillment of the contract, e.g. due to procurement, manufacturing or delivery disruptions at the Company or at its subcontractor, the general principles of law shall apply with the proviso that the Customer may set a grace period of 6 weeks after the expiration of one month. If the non-observance of a binding delivery date is demonstrably due to mobilization, war, riot, strike or lockout or to other circumstances for which the Company is not responsible according to general principles of law, the delivery period shall be extended accordingly. The Customer may withdraw from the contract if he grants the Company a reasonable grace period after expiry of the extended period. The withdrawal must be made in writing if the Company does not fulfill within the grace period. If the Company is unable to fulfill the contract in whole or in part for the aforementioned reasons, the Company shall be released from its obligation to deliver.

The costs for shipping and transport insurance are generally to be borne by the Client, whereby the choice of the shipping route and the type of shipping are at the Company’s discretion. The Customer is obliged to inspect the goods immediately upon arrival and to notify the Company immediately in writing of any visible transport damage and any damage to the packaging. The same applies to concealed damage. If the Company loses its claims against the insurance company or the sub-supplier due to the failure to comply with this obligation, the Customer shall be liable for all costs resulting from this breach of obligation. The risk shall pass to the Customer as soon as the goods leave the Company’s factory or warehouse.

4. retention of title

The delivered goods shall remain the property of the Company until full payment of all claims of the Company arising from the business relationship with the Customer, both in principal and in incidental matters. The Client shall be obligated to properly insure the items subject to the Company’s retention of title (i.e. theft, fire, water and low-voltage insurance) and to provide the Company with evidence of such insurance upon request. In the event of damage, the Customer’s insurance claim shall be deemed assigned to the Company. The Customer is not authorized to dispose of the items subject to retention of title. In the event of seizure or attachment, the Customer shall immediately notify the Company in writing and shall immediately inform third parties of the Company’s retention of title in an appropriate manner. In the event that the Customer nevertheless sells the delivery items and the Company should approve this, the Customer shall assign to the Company all claims against its customers already upon conclusion of the contract. The client is obligated to provide the company with all information necessary for the assertion of these rights and to provide the necessary cooperation.

5. limitation of liability

The company is liable to the client for damages only in case of intent or gross negligence.

As far as it is not a matter of direct personal injury or damage to property, the Company shall only be liable in total up to the amount of € 2,500.00. The Company shall not be liable for loss of profit, loss of savings or indirect and/or consequential damages. These limitations of liability do not apply to damages based on intent, gross negligence or the lack of warranted characteristics. These limitations of liability also extend to employees and vicarious agents of the company. The Company shall not be liable for the recovery of data, unless the destruction of the data can be attributed to the Company as grossly negligent or intentional and that the Customer has ensured by appropriate state-of-the-art security measures that such data can be reconstructed with reasonable effort.

6. warranty

The Company warrants that the goods have the characteristics warranted in the contract and are not defective in any way that would impair or diminish their value or fitness for their normal use or the use provided for in the contract. An insignificant reduction in value or suitability shall not be taken into consideration. The warranty period for HGB to HGB is 6 months and begins with the day of delivery. During the warranty period occurring defects, the customer must immediately notify the company in writing. With HGB to BGB 24 months and begins with the day of the supply. The warranty does not include the elimination of defects caused by normal wear and tear, external influences or operating errors. The warranty shall not apply insofar as the Customer modifies devices, elements or additional equipment himself or has them modified by third parties without the consent of the Company, unless the Customer provides full proof that the defects still in question have not been caused either in whole or in part by such modifications and that the rectification of defects is not impeded by the modification. Devices designated as used are used and of different ages Used devices are tested and are functional unless otherwise specified. Warranty in the event that the buyer is a consumer is for used equipment 1 year. If you are not a consumer, a warranty period of one month is agreed, unless the item is offered otherwise. The warranty period starts from the date of delivery.

Within the scope of its warranty obligation, the Company may repair or replace defective equipment, elements, additional equipment or parts. To the extent necessary for this purpose, the Customer shall remove programs (including its application programs, data, data carriers, modifications and attachments) prior to replacement. The Customer shall grant the Company the necessary time and opportunity to carry out the repair work. If the Company does not succeed in rectifying significant defects within 6 months of receipt of a proper notice of defect, the Customer may grant the Company a reasonable period of grace with the declaration that it will refuse to rectify the defect upon expiry of this period. After the expiry of this period, the customer is entitled to rescission or reduction of the purchase price if the defect has not been remedied in time.

7. Software

The Company warrants for a period of 6 months from the date of delivery that software supplied by the Company, is substantially free from defects in material and workmanship and will perform substantially in accordance with the agreed parameters. The warranty is limited to these performances. It is known to the customer that according to the state of the art errors in programs cannot be excluded.

In the case of a justified notice of defect, the company reserves the right to carry out a total of three rectifications or, in the case of the final failure of the rectification, to grant the customer the right to cancellation or reduction. The Customer shall only have the right to rescission or reduction if a program error should prove to be significant and essential for the entire performance and the error cannot be solved by other possibilities of the software. Any further warranty, in particular that the software is suitable for the customer’s purposes, as well as for direct or indirect damages (e.g. loss of profit, interruption of business) and for loss of data or damages incurred in connection with the recovery of lost data, are expressly excluded, unless the company or its employees can be proven to have acted with intent or gross negligence.

8. confidentiality

The Company and the Customer mutually undertake to keep all business and trade secrets of the other party secret for an unlimited period of time and not to pass them on to third parties or to exploit them in any way. The documents, drawings and other information which the other contractual partner receives on the basis of the business relationship may only be used by the latter within the scope of the respective purpose of the contract.

9. other

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Rather, the invalid provisions shall be replaced by the provision that comes closest to the intended purpose.

Subsidiary agreements have not been made. Supplements to the contract shall only be valid if they are confirmed in writing. The customer may assign his rights arising from a business relationship with the company only with the written consent of the company. A set-off against the purchase price claim is possible for the customer only with recognized or legally established counterclaims.

The place of jurisdiction is, as far as legally permissible, the registered office of the Company in the Federal Republic of Germany.

German law shall apply.