berg | system | engineering |

Terms and conditions of the berg|system|engineering|, owner Franco Berg

All contracts for supplies and services of berg|system|engineering| due to orders over the Internet or other means of communication (e-mail, letter, fax, phone, etc.) are governed by these terms and conditions.

With your order you accept knowlegde of these terms and its content explicitly. Differing and / or supplementary agreements requires the express written consent of berg|system|engineering|.

1. Revocation and Return Policy
Revocation Instruction

You can cancel your contract within one month without giving reasons in writing (e.g. letter, e-mail) or, if the goods are handed over before expiring date of the revocation period,  by returning the goods.
The revocation period begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receiving the first partial delivery) and for services not earlier than the date of contract conclusion and either before we fulfill our obligations of duty to inform you in accordance with § 312c Section 2 BGB in association with § 1 Sections 1, 2 and 4 BGB InfoV as well as our obligations in accordance with § 312e Section 1 clause 1 BGB in association with § 3 BGB InfoV.
The revocation period shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.

The revocation must be sent to:

berg system engineering
Franco Berg
Torhoutsesteenweg 489
8400 Oostende
Belgium
Phone: +32 59 434938
This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

Restriction from Cancellation and Return Policy
1. The right of revocation will not apply, if you are employer in the meaning of § 14 BGB and act at conclusion of the contract in your commercial or self-employment activity.
2. According to § 312 d clause 4 No 2 BGB there is no right of revocation for software, if the media were unsealed. For delivery of activation codes and online delivery (e.g. via e-mail or send via download) there is no right as well, because the character of submitted data is not appropriate to return due to their nature (§ 312, clause 4 No. 1 BGB).
3. ) Also for goods and services (e.g. software, layout designs, design, technical equipment and machinery), which are customized, there is no right of revocation, according to § 312 BGB d clause 4 No 1.
4. The right of revocation expires in accordance with § 312 d clause 3 No. 2 BGB for  other services (e.g. online support, online training), if the operator has started the service with the explicit consent of the customer or is initiated by the customer himself before the end of the revocation period.
 
Consequences of Revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply, if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use.

Goods which can be send by parcel are to return at our risk and cost. Goods which can not be send by parcel will be collected by us at our risk and cost. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or good, for us with their reception.

End of Revocation Instruction

2. Contract
The contract only becomes effective by our notification of acceptance (order confirmation) or by sending the ordered goods or for downloads by sending the activation code to you or for online support with the start-date of the support. With your order you make a binding offer to us to enter into a contract with you. To place an order in our online shop you have to complete the required fields during the order processing and finally, in the last step at "Complete Order", sending the order by clicking the button "Confirm Order" to us.
We accept the offer (your order) on contract to you by sending the goods or by sending the activation code or by start-date of the online support. For all orders the contract will be concluded with:

berg system engineering
Franco Berg
Allee 2
31546 Bad Rehburg
Phone: +32 59 434938
This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

3. Recording the Wording of the Contract
We store your order and you entered order information. If you would like a printout of your order, you have the option to print an order confirmation.
After passing through the order process until the final step under the "Complete Order" and confirm it by clicking the button "Confirm Order", you receive on your screen, the information "Thank you for your order.". Here you have the option to print the order with all the data entered. If you have registered your correct e-mail address, you will receive the order confirmation including all entered data and our general terms conditions by e-mail.

4. Customer Service
Order questions or complaints should be directed to our service:
E-mail:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it  
Phone: +32 59 434938

5. Prices, Shipping, Payment Terms, Late Payment
Our sales prices are including german tax and all other price components.
The berg|system|engineering| will as far as possible comply the agreed or specified dates.
The delivery or placing the goods at the disposal is subject to availability in terms of we are supplied properly and on time and are not resposible for unavailability. In case of unavailability of goods or services at the specified time, we will notify you immediately.
We offer payment by invoice and if stated, payment via PayPal. When paying via PayPal, the product or the activation code will be shipped immediately after payment.
When sale on account, delivery will be made within 5 working days after receipt of payment, unless otherwise indicated at the product. Accounts of berg|system|engineering| are immediately payable in full, unless otherwise stated. Without the need of a reminder, 30 days after receipt of the invoice you are in arrears if we have pointed it out to you in the bill. However, we can put you in default by send a reminder before. The consumer interest is 5% and for entrepreneurs 8% over the base rate if we can not ask for any other reason for higher interest rates. Checks are accepted only as conditional payment. Any bank charges shall be at your expense. You can only offset uncontested or legally established claims. A lien can only assert if it is based on the same contract.
Ongoing contractual relationships can be terminated by berg|system|engineering|, if invoices or parts of it are not paid on time.
In the case of late payment we reserve to claim recovery of collection expenses.

6. Shipping Costs
Except as noted otherwise at the product price indication, the following shipping costs applies:

Software Products
Orders to be shipped inside Germany are free of shipping costs.
For orders to be shipped abroad additional shipping cost will be charged as follows:
Zone EU
Shipping costs to the following destinations will be charged with 10,60 EUR per order:
Belgien, Bulgarien, Dänemark (außer Färöer, Grönland), Estland, Finnland (außer Ålandinseln), Frankreich (außer überseeische Gebiete und Departements), Griechenland (außer Berg Athos), Großbritannien (außer Kanalinseln), Irland, Italien (außer Livigno und Campione d'Italia), Lettland, Litauen, Luxemburg, Malta, Monaco, Niederlande (außer außereuropäische Gebiete), Österreich, Polen, Portugal, Rumänien, Schweden, Slowakei, Slowenien, Spanien (außer Kanarische Inseln, Ceuta + Melilla), Tschechische Republik, Ungarn, Zypern/Republik (außer Nordteil).
Zone World
Shipping costs to all other destinations not mentioned at Zone EU will be charged with 17,90 EUR per order.

Download Products an Online Services
Free of shipping costs ar all downloadable products and online services.

Mobile systems
Mobile systems are shipped EXW (Incoterms 2000). Shipping costs have to be paied by the buyer.

7. Retention of title
The delivered goods remain property of berg|system|engineering| until full payment.

8. Warranty, Liability
All software products of berg|system|engineering| have been carefully developed and checked. According to the state of art, it is well known that it is not possible to create software, that is running on all imaginable systems and application environments without problems.

If data media or other goods have material and/or manufacturing defects or are wrong delivered or have differences in quantity, please claim without delay all visible faults - including transport damages - in writing within 10 working days from receipt of goods.

berg|system|engineering| ensures that the products are usable in terms of the description and performed accordingly.

The warranty period is for consumer sales contracts two years and for entrepreneurs 12 months, starting with delivery or allocation of goods and/or services.

You are obligated to support berg|system|engineering| by error detection and repair of deficiencies and to provide auxiliary information or to make them available by request. berg|system|engineering| has the right to bypass a possibly occurring error, if it is only to correct with disproportionate effort and thus the use of the software and/or products is not significantly affected. If there is a defect, berg|system|engineering| repairs software and/or products within a reasonable time, or provide an error-free software and/or product to their own choice. If repair or replacement does not manage within this period or a reasonable grace period, you are entitled to reduce the price of goods and services adequately or to terminate the contract.

berg|system|engineering|, her legal representative or agent is only liable for damages caused deliberately or due to gross negligence or based on a serious organizational negligence. For damages resulting from injury to life, limb or health, based on a breach of duty, she is also liable for negligence. She is not liable for damages that occurred outside of the contracted item itself (consequential damages) or for additional expenses during procedure, by moving of the contractual software and/or product to another location. Liability is also excluded, when deviation of the actual to the agreed features is non-significant. berg|system|engineering| also does not guarantee that the program functions meet your requirements or cooperate with components in the specific configuration of your computer. Also berg|system|engineering| accepts no responsibility for the selection, installation and use, and the intended results of the software. Any warranty is excluded for consequences caused by you, a third or subsequent changes to the software and/or products, or through improper use or misuse of the software and/or products. berg|system|engineering| has no liability for data loss or damage arising therefrom. In your own interest, you should regularly back up your data, especially before installing new software.

9. Usage of Computer Programs, Download Files and Design
berg|system|engineering| grants you the right to use the licensed software, download files, and design for the agreed period against fee. If the period is not agreed separately, the period of use is unlimited. All not expressly granted rights of usage will remain with the creator.

You are entitled to use the software (files) on any compatible computer is subject to the condition it is only used on one computer (unless otherwise agreed) and you are in possession of the original software. The software is deemed to be used on a computer when it is in the random access memory (i.e. RAM) or loaded on a memory storage (e.g. hard drive or other storage device). If required, you are also intitled to save a backup copy of the software to ensure future use of the software. In all other respects to the terms of use, the regulations of the Copyright Act shall be applied. Attention: If the data media is provided with a copy protection, we will send you a replacement data media in the event of proven loss or functional damage of your original data media.

Without the written permission of berg|system|engineering| you are not entitled to make copies of  the documentation, of the original software, download files, design and products, or the backups which exceed the above-mentioned granted right;
to lease or commercially use of the software, download files, design or documentation by some means or other, to sublicense or make available and/or to pass to third parties if it is not expressly permitted in writing by berg|system|engineering|; to change or modify or to adapt the software, download files, designs and/or documentation, (this prohibition applies, inter alia, for translation, modify and/or continue to use the product in parts). After the end of your granted right to use, the software may not be operated longer, and must be removed completely from your system. The regulations of the Copyright Act shall be applied here as well.

10. Compliance with laws
You must comply with all applicable laws and regulations relating to our business relationship. This includes the following very important areas:

Export: Computers, software and technology covered by this agreement may be subject to export control laws and regulations in the European Union, the United States and in other EMEA countries. You must comply with such export control laws and regulations.

Environmental: The deposit or recycling of Computers or packaging materials covered under our agreement may be subject to application of environmental laws and regulations. You must therefore comply with any of such environmental laws and regulations applicable to you including the under the relevant national application of the Waste Electrical and Electronic Equipment (WEEE) Directive 2002/96/EC and 2003/108/EC).

Taxes: You must pay all taxes applicable to you. You may qualify for tax exemptions from time to time or by location in which case we request that you provide us with a certificate of exemption or other appropriate documentary proof of exemption.

11. Final Clause
The law of the Federal Republic of Germany applies solely. Jurisdiction for contracts with companies is Neustadt a.Rbg., Germany.

12. Summonable Address
Franco Berg
Torhoutsesteenweg 489
8400 Oostende
Belgium

Version 23.11.2009

berg system engineering
Franco Berg
Allee 2
31546 Bad Rehburg
Germany