General Terms and Conditions
1. SCOPE OF APPLICATION These General Terms and Conditions (GTC) apply to all contracts between Dieing GmbH | WOOD.IN.VISION® (hereinafter referred to as the “Contractor”) and: Entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) Consumers within the meaning of Section 13 of the German Civil Code (BGB) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity. Additional specifically designated provisions apply to consumers. 2. COMMERCIAL PROVISIONS 2.1 EXPENSES AND TRAVEL COSTS The applicable domestic expense rates shall apply. For international assignments, daily allowances shall be charged in accordance with the applicable tax regulations of the respective country. Any incurred expenses and travel costs are not included in the quoted price. The point of departure is 88316 Isny im Allgäu / Germany. Travel costs per kilometer: €0.79. Accommodation, taxi fares, rail travel, and air travel shall be charged according to actual expenses incurred. Appropriate surcharges shall apply for work performed on Sundays and public holidays in accordance with the statutory public holidays of Baden-Württemberg. If assignments extend over weekends or public holidays, the employee shall be entitled to travel home. The resulting costs may be charged. The standard working time is 8 hours per working day. 2.2 PAYMENT TERMS All prices are net prices plus the applicable statutory VAT. For cross-border services, the reverse charge procedure may apply. Invoicing The Contractor shall be entitled, at its discretion, to: require full advance payment (100%), or invoice partial payments according to project progress. Unless otherwise agreed in the respective offer, invoicing shall be carried out as follows: 50% upon order confirmation 50% upon delivery or provision of services The Contractor is entitled to make the provision of services dependent upon the timely payment of agreed advance or partial payments. Payment Deadline 10 days from the invoice date unless otherwise agreed. In the event of late payment, the statutory provisions shall apply. The Contractor shall be entitled to suspend services until full payment has been received. 3. SYSTEM SERVICE System service shall be provided exclusively on the basis of a separate support agreement. The provisions of such support agreement shall take precedence over these GTC. 3.1 TROUBLESHOOTING The restoration of operational readiness includes all necessary measures, in particular: Repair of hardware Maintenance and troubleshooting of software 3.1.1 SERVICE HOURS Unless otherwise agreed in a separate support agreement, the following service hours shall apply: Monday to Thursday: 08:00 a.m. to 04:00 p.m. Friday: 08:00 a.m. to 12:00 p.m. (excluding statutory public holidays at the place of performance) If service hours are expressly regulated in a support agreement, such provisions shall take precedence over the above regulations. 3.1.2 RECOVERY TIMES (WORKING DAYS) Critical operational disruption: response within 6 hours, recovery within 24 hours Major operational impairment: response within 24 hours, recovery within 48 hours Minor defect: response within 48 hours, recovery within 96 hours 3.2 SUPPORT Support requests shall be submitted by email to: support@wood-in-vision.com Errors shall be processed in accordance with the defined response times. 4. GENERAL PROVISIONS 4.1 SCOPE OF SERVICES The scope of services is defined by the respective offer or contract. 4.2 OBLIGATIONS TO COOPERATE The Client is obliged to provide all necessary cooperation in a timely manner. Delays resulting from missing cooperation shall not be the responsibility of the Contractor. 4.3 ACCEPTANCE B2B Acceptance shall be deemed granted unless substantial defects are reported in writing within 7 days. B2C Acceptance by implication shall only apply if: the consumer was expressly informed thereof, and a reasonable deadline was granted. 4.4 COPYRIGHT AND USAGE RIGHTS All works created by the Contractor shall remain its intellectual property. Upon full payment, the Client shall receive a simple, non-transferable right of use. 4.5 CONFIDENTIALITY AND DATA PROTECTION Both parties undertake to maintain confidentiality and comply with the General Data Protection Regulation (GDPR). 4.6 WARRANTY The statutory warranty rights shall apply. Consumers: 2-year warranty period for new goods. 4.7 LIABILITY The Contractor shall be fully liable in cases of: intent, gross negligence, injury to life, body, or health. In cases of ordinary negligence, the Contractor shall only be liable for breaches of essential contractual obligations, limited to foreseeable damages. Liability for loss of profit and indirect damages is excluded to the extent permitted by law. 4.8 FORCE MAJEURE In the event of force majeure, both parties shall be released from their performance obligations for the duration of the disruption. 4.9 CHANGES TO SERVICES Changes or extensions to the scope of services require a written agreement. 4.10 CONTRACT TERM AND TERMINATION The contract shall come into effect upon acceptance of the offer or commencement of services. Minimum contract term: 24 months. After expiry: B2B: notice period as agreed B2C: terminable on a monthly basis The right to extraordinary termination remains unaffected. 4.11 PLACE OF JURISDICTION AND APPLICABLE LAW The place of jurisdiction shall be Isny im Allgäu, insofar as legally permissible. The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). 5. RIGHT OF WITHDRAWAL (CONSUMERS ONLY) Consumers have a 14-day right of withdrawal. A clear declaration is sufficient to exercise the right of withdrawal. Consequences of Withdrawal Payments already made shall be refunded within 14 days. For services, the following applies: The consumer expressly requests that performance begin before expiry of the withdrawal period and confirms that the right of withdrawal is lost upon full performance of the contract. 6. RETENTION OF TITLE Delivered goods shall remain the property of the Contractor until full payment has been made. Until full payment has been received, all rights of use and work results shall remain with the Contractor. 7. SEVERABILITY CLAUSE Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. 8. FINAL PROVISIONS Offers remain valid for 4 weeks. All documents, concepts, and offers remain the property of the Contractor and may not be disclosed to third parties without consent.
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