General Terms & Conditions

General Terms and Conditions

Parties

On the basis of these general terms and conditions, a contract is entered into between the customer and

Culinary Machines Overseas GmbH
Represented by Denis Zeman
Industriestrasse 23 A
61449 Steinbach
Germany
Tel. +49(0)6171 / 69 96 52
Email: info@cmo-gmbh.biz 
Commercial Register: HRB 10391
Commercial Register Number: Amtsgericht Bad Homburg
VAT ID: DE251319073,

hereinafter referred to as the provider.

Purpose of the Contract

This contract governs the sale of new hardware products via the provider’s online shop. The details of the respective offer are found in the product description posted online.

Entering Into a Contract

The contract is created as part of an electronic transaction started via the online shop system or via other forms of long-distance communication such as telephone or email. The products and prices offered on the site represent a non-binding solicitation of the customer to submit a binding offer to purchase a product (the “order”), which the provider is free to accept or reject. The ordering process in the shop system that leads to the creation of a contract comprises the following steps:

  • product selection in the desired model and quantity;
  • placing the product in the shopping cart;
  • clicking the checkout button;
  • entering the billing and delivery address;
  • selecting the payment and delivery methods;
  • confirming the entries by clicking “Buy now”;
  • receiving an email confirming that the order has been received.

In addition to placing orders via the online shop system, orders can also be placed via long-distance communication (phone/email), for which the order process that leads to the creation of a contract would comprise the following steps:

  • calling the order hotline or send order by email;
  • receiving an email confirming that the order has been received.

The order confirmation indicates that the order has been accepted and a contract has been created.

Contract Term

Unless terminated, the contract shall last until such time as the single delivery is made. The total price is calculated on the goods ordered and the chosen shipping method.

Retention of Title

Until such time as payment is received in full by the provider, all goods delivered shall remain the property of the provider.

Reservations

The provider reserves the right to cancel the order in whole or in part if the items ordered are not available.

Prices, Shipping Costs, Return Costs

All prices are final and include VAT. In addition to the final prices, additional costs are payable depending on the shipping method chosen at the time of order. If the customer exercises any right to rescind the contract he or she may have, the customer shall bear all return shipping costs.

Payment Terms and Conditions

The customer has only the following payment options: bank transfer in advance, invoice on delivery, payment via a payment service (PayPal), cash on pickup. Other payment methods are not available and will be rejected. The provider reserves the right not to accept individual payment methods.
After the invoice containing all of the details for the bank transfer is sent by email, the invoice amount is to be transferred to the account listed therein. After the invoice containing all of the details for the bank transfer is sent with the delivery, the invoice amount is to be transferred to the account listed therein. Escrow services or payment service providers handle the payment between the provider and the customer. The escrow service/payment service provider forwards the customer’s payment to the provider. Further information can be found on the website of the relevant escrow service/payment service provider. In case of an individual agreement, the invoice amount can be paid in cash. The customer is obliged to deposit or transfer the invoice amount within 10 days after receipt of the invoice to the account indicated therein. Payment is due from the invoice date, with no discounts allowed. Costs for transfer and exchange has to be paid by the customer. If the customer has not paid the invoice by the due date, the customer will be considered to be in default with no further warning required.

Terms of Delivery

Goods will be sent immediately after confirmed receipt of payment. The shipment will be made in no more than 7 days on average. The provider agrees to ship the goods within 10 days after receiving the order. The standard delivery time is 3 days, unless otherwise stated in the item description. The provider will ship the order from its warehouse when the entire order is available to ship. If the provider is encountering a continuing obstacle to delivery that is beyond its control, in particular one caused by force majeure or a failure of its suppliers to make deliveries as promised, the provider is entitled to withdraw from the contract with the customer. The customer will be informed immediately and any payments or other benefits received will be refunded.

Warranty

If the customer is an entrepreneur, the warranty period is limited to one year for new goods. The provider is entitled to choose between repair and replacement if the product is new when shipped and the customer is an entrepreneur. This does not apply to claims for damages asserted by the customer due to injury to life, limb, health or breaches of essential contractual obligations, which must be met for the contract’s purpose to be fulfilled. Likewise, this does not apply to claims for damages based on the gross negligence or intentional breach of duty by the provider, its legal representatives or agents. Otherwise, the statutory provisions apply.

Contract Structure

If the customer is an entrepreneur, the risk of accidental loss and/or damage to the goods transfers to the customer upon delivery in person or when the goods are handed over to the selected shipping company for delivery. The text of this contract will be archived by the provider. The customer has the option for accessing the contract text stored at www.nitrokey.com publicly. The customer can correct errors made when completing the ordering process by proceeding as follows: by clicking the “Change Address” button or by hitting back in the browser to the respective input step.

Right of Withdrawal

For customers who are entrepreneurs, the rules for distance sales contracts do not apply. Therefore, such customers do not have a corresponding right to withdraw this distance sales contract. The provider will not grant such a right.

Liability for Defects

Regulation for the sale of used goods: Warranty claims arising after one year after delivery of the goods are excluded. Defects which occur within one year of delivery of the goods can be asserted within the statutory period applicable to consumers (applicable for commercial customers too). In all other respects, the statutory liability for defects shall apply.

Liability Disclaimer

Customer claims for damages are excluded, unless for reasons otherwise stated below. This also applies to the representatives and agents of the provider, if the customer asserts such claims for damages. This does not apply to claims for damages asserted by the customer due to injury to life, limb, health or breaches of essential contractual obligations, which must be met for the contract’s purpose to be fulfilled. Likewise, this does not apply to claims for damages based on the gross negligence or intentional breach of duty by the provider, its legal representatives or agents.

Mentioning of Customers

If the customer is an entrepreneur, the provider reserves the option to mention the customer publicly. The customer can opt out from the public announcement at any time.

Language, Jurisdiction and Applicable Law

The contract will be drafted in German. All correspondence related to the fulfilment of the contract will also be in German. This agreement is governed exclusively by the law of the Federal Republic of Germany. For consumers, this only applies to the extent not restricted by legal provisions in the state where they have their domicile or habitual residence. Jurisdiction for disputes with customers who are not consumers, legal entities under public law, or public funds shall be the provider’s headquarters.