AGB General Terms and Conditions of the company DATALOGO Produkt+Loesung EK
§ 1.1 Contract determining explanations
Information from the company Datalogo merely serves as a basis for delivery or offers by the customer, they are not to be regarded as offers. The acceptance of an offer by Datalogo is regularly made in writing or by telex in accordance with the price list or set fee arranged with or communicated to the customer, within 10 days. Offers, orders placed by the customers and their acceptance by the company Datalogo regularly require the written form. In the case of electronic data transfer, the received data is binding.
§ 1.2 Performance
Datalogo will provide its services professionally in accordance with the information received by the customer. In their order, the customer shall disclose all data and circumstances necessary and essential for the performance of Datalogo. If this is not possible due to lack of knowledge or experience from the client or is otherwise not specified, Datalogo shall process the job to the best of its knowledge and ability in accordance with industry experience. The customer is obliged to provide immediate information on determining factors by demand. Delays or performance deficiencies based on inaccurate or delayed information from the customer, do not release the latter from payment of the agreed fee Any additional expenses arising thereby as well as in the event of changes made after order placement are to be compensated for by Datalogo. The service rendered by Datalogo will principally be provided by electronic data processing. A right to physical delivery is only by express agreement. The agreed delivery deadlines for the services of Datalogo apply. An excess of up to 8 days is still considered to be on time.
§ 1.3 Templates
If the customer sends patterns or templates and wishes for them to be eventually returned they must expressly state this when making or sending the offer. The declaration also means the reimbursement for expenses resulting from storage and return.
§ 1.4 Authorisation
The programs created by Datalogo will be archived electronically. Datalogo will neither directly nor indirectly pass on programs specifically created for a customer to third parties. The rights to the program created for the customers remain with the customer. The customer shall be exclusively liable if its requirements for program creation by Datalogo violate third party's rights (brand, trademark, licence rights, etc.). To this extent, Datalogo is merely a processor for the account and sole responsibility of the customer. If applicable, Datalogo shall hold the customer harmless from third party claims.
§ 1.5 Warranty
Datalogo shall fulfil the warranty at its own discretion by means of repair or replacement in the event of defects. If the repair or replacement fails, the customer can request a price reduction or cancellation of the contract at their discretion. In a minor breach of contract, in particular minor defects, the customer has no right of withdrawal. Defects must be reported within two weeks of receiving the goods, otherwise the assertion of the warranty claim is excluded. Customer claims as a result of defects expire one year after acceptance of the work.
§ 1.6 Fee payment
The due date for payment of services carried out by Datalogo is effective upon receipt of invoice which is agreed as 3 days after the invoice date. The payment, with Datalogo's subsequent verification of receipt, must occur within 14 days. If the customer is in default of payment, Datalogo is entitled to charge interest at 8% above the base rate. Datalogo retains the right to prove higher damages resulting from a delay and to assert them. The customer is entitled to prove that Datalogo has not suffered any or only minor damage. In any case, Datalogo may take the legal interest rate.
§ 1.7 Reservation of title
Datalogo retains ownership of the program until receipt of all payments from the business relationship with the customer.
§ 1.8 Changes in provisions
For continuous or repeated business, the company Datalogo reserves the variation of the terms. Amendments thereto are effective upon receipt, unless the company Datalogo immediately objects otherwise. New or changed conditions and any price lists apply from the next quotation or order of the customer.
§ 1.9 Performance / Place of Performance
For merchants, the place of performance and fulfillment as well as jurisdiction is the registered office of Datalogo.
§ 1.10 Liability
Datalogo is not liable for negligent breach of duties. In case of negligent liability of cardinal obligations, the extent of Datalogo's liability is limited to typical foreseeable damage. For slightly negligent breaches of duty such as delay or impossibility or protection obligations caused by slight negligence Datalogo shall not be liable. The customer has to indicate the possible risk of disproportionately high damage in the event of deficiency, prior to placement of order. The company Datalogo is particularly not liable in for damage resulting from faulty programs, if the customer has not reviewed the product for possible errors and operational capability prior to production. Any liability is also excluded for product alteration. The above exclusions and limitations of liability shall not apply in cases of strict debt liability, particularly under the Product Liability Act, in case of resulting damage to body and health or loss of life.
§ 1.11 General
The company Datalogo does not operate a webshop with the address datalogo.de. Our webshops can be found at other addresses where special conditions apply.
§ 1.12 Severability Clause
Should one or more of the above provisions be or become invalid, the remaining provisions thereof shall not be recorded. Invalid provisions shall be replaced by provisions which are as close as possible in terms of the meaning and purpose of the overall regulatory framework. In accordance with the meaning and purpose of the overall regulatory framework, possible loopholes should be closed, ambiguities eliminated and to eliminate ambiguities and the relative provisions interpreted.
As a rule, the use of our website datalogo.de is possible without providing personal information. With regard to the collection of personal data (i.e. name, address or e-mail addresses) from our side, this is possible, for example, through our contact form. This is always done on a voluntary basis. A communication without this data is not possible for us. This data will not be disclosed to third parties without your express consent. As a principle, we do not send advertising e-mails. We would like to point out that the transmission of data over the internet (e.g. when communicating by e-mail) may be subject to breaches of security. Complete protection of data against access by third parties is not possible. The use of contact data in the imprint, which are used by a third party for sending unsolicited advertisements and information materials, is hereby expressly excluded. The company Datalogo expressly reserves legal action in case of unsolicited sending of advertising information.
Liability for content
The contents of our pages were created with great care. However we cannot assume any liability for the accuracy, completeness and topicality of the contents. As a service provider, we are generally responsible according to §7(1) TMG (German Telemedia Act) for our own content on these pages. According to §§8–10 TMG, we are not, as a service provider, obliged to monitor transmitted or stored third-party information, or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation are unaffected by this. However, liability in this regard is only possible from the date we become aware of a specific infringement. If we become aware of relevant legal infringements, we shall remove the offending content immediately.
Data for links
Our offer contains links to the external websites of third parties over whose content we have no control. Therefore, we cannot accept any liability for their content. The respective provider or operator of the linked sites is always responsible for their content. The linked sites were checked for possible legal violations at the time they were linked. Illegal content was not detected at the time of linking. Permanent monitoring of the content of the linked sites is not reasonable without concrete evidence of a violation. Should legal violations become known to us, we shall remove such links immediately.
The contents and works created on these web pages by the site operator are subject to German copyright law. Duplication, processing, distribution, or any form of commercialisation of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of these pages are permitted only for private, non-commercial use. Any content not created by the website operator is subject to third party copyright. Third party contributions are marked as such. Nonetheless, should you become aware of a copyright infringement on this site, please notify us immediately. Upon notification of such violations, we will remove such content immediately.