GBC

General term of use and term of business

 

§ 1 area of application

 

1.1 ) The company Logis & Bike (hereinafter “L &BH”) provides and delivers all services exclusively on the basis of the following General business conditions. In case of dispute as to the nature of this translation, the German version shall have precedent

1.2) Deviations from these business conditions in total or in part will not be recognized, unless, previously agreed to explicitly in writing. These business conditions are also valid when we implicitly carry out work for the client. Deviations from these business conditions are only effective if L &BH confirms this to the customer in writing.

1.3) So far the customer is an enterprise in the sense of § 14 BGB, these general business conditions are valid also for future businesses of the parties even if no further explicit reference occurs.

1.4) L &BH are at any time entitled, to change these basic conditions. Changes will be announced to the customer. They become effective provided that the customer does not object to them within one month of receiving the change of notice . Should the customer object in time, the previously agreed conditions will remain in force until the next possible cancellation period. If the customer does not cancel, the contract extends automatically and the new conditions are valid from this date 

§ 2 materialization of the contract

 

2.1) The contract is achieved through a written, verbal, telephonic or electronic customer order and his assumption on the part of L &B through carrying out or through confirmation. As far as the writing is necessary for the effectiveness of the task, that is referred to in the respective delivery specification explicitly.

2.2) L &BH is entitled, to refuse the carrying out of tasks if their content is unreasonable against laws, official definitions or not possible for L &BH to carry out for other reasons such as Force Majeure. The already occurred assumption of such tasks through L &BH does not exclude the right for the refusal of the carrying out after proper examination. L &BH can refuse, in particular, when the principal is already in delay with due payments.

§ 3 range of services

 

3.1) The extent of the contractual duties results from the individual contract or the respective delivery specifications of L &BH

3.2) The customer may not carry out or conduct any matters prohibited by law and agrees to uphold the intellectual property rights attributed through the use of the website and its internet presence. 

3.3) Recognizable shortcomings and damages of the services provided by L &B are to be indicated immediately. The costs arisen from the inspection are to be paid by the customer when and so far after the examination it turns out that the damages were the responsibility of the customer.

3.4) Every change of name of the customer , the address, the bank account or the denotation, under which he is registered in the L &B client address book should be informed to L &B in writing immediately.

§ 4 prices

 

4.1) All prices, unless shown differently exclude the applicable value added tax.

4.2) L &B reserves the right to increase the prices at any time subject to a reasonable period of notice. In the case that the prices are increased by more then 15% in one calendar year, the client may cancel the contract the date the increases become effective 

§ 5 terms of payment

 

5.1) The billing occurs at the point the contract is concluded. The invoice amount must be paid as explained in the invoice

5.2) Other remunerations , in particular unique remunerations for certain appropriations , are to be paid after provision of the service and become due with receipt of the invoice. 

§ 6 default

 

6.1) Should the customer fall in arrears L &B reserves the right, to block or restrict all services up to the entry of the open amount with immediate effect.

§ 7 contract period, notice

 

7.1) The term of the contract begins with the day of the appropriation of the service through L &B or by the agreed date . The contract terminates after 12 months as far as nothing other is individually arranged over a period. It is prolonged automatically for a further 12 months if it is not cancelled within 3 months prior to the end of the contractual period. Contracts can be terminated at the very earliest after the first 12 month period .

7.2) The notice has to occur in writing at the address in the contract or in another way informed of by fax or mail. Importantly, in order for the notice to be effective, it must be accepted by the counterparty within the accepted time.

§ 8 liability and compensation

 

8.1) Personal customer data is only used or processed provided that the customer agrees or the data security law BDSG) or other relevant rules allow this.

§ 9 final definitions

 

9.1) This contract is subjected to German Law with the exception of the rules governed by International Private Law. . As far as the customer is defined by §14 BGB , the exclusive venue for all disputes in connection with this contract will be the court in Würzburg . In addition L &B can also claim at the regional court of the general venue of the customer.

9.2) Any chain of events of a higher powe rof force majeure for example war, civil unrest, natural powers , fire, strike, lockouts, sabotage through third party or similar things no party of the other ones is liable for a delay arising due to the force majeure or non-fulfilment of the service fulfillment. All sudden event as well as such an event whose commitment is not to be represented by any party are force majeure in particular labour struggles also in third companies, official measures, loss of communications networks and gateways of other operators, to that in the field of the management senders (for example Germans Telekom AG), even if these circumstances occur in the field of sub-contractors, subcontractors or their subcontractors or with operators of under network node computers authorized by the Provider. If a force majeure event lasts longer than a month, both parties are entitled to quit the contract. Equilibrium or compensation claims do not exist in this case.

9.3) If a clause of these terms become invalid or unenforceable the rest of the contract remain enforceable.

9.4) Changes or additions to this contract are needed in writing. This is valid also for the cancellation of this writing stipulation.