Terms and Conditions
General Sales, Repair and Payment Conditions
Section 1 – Scope of application
(1) These general sales conditions (hereinafter: T&Cs) apply to all contracts concluded with us, be it via our Weblounge, in writing, by telephone, or any other verbal manner, namely between one of our companies – CDS Service GmbH, represented by managing director Paul Koch, CDS IT-Systeme GmbH, represented by managing director Sven Bent, or CDS Business Services GmbH, represented by man-aging directors Paul Koch, Sven Bent und Frank Fischer – all of which are located in Edisonstr. 19, 32791 Lage, (hereinafter: CDS) and you as our Customer. The T&Cs apply irrespective of whether you are a consumer, entrepreneur or merchant unless otherwise stipulated by special regulations in the following provisions. Should the following regulations only apply to consumers, the persons envisaged are within the sense of Section 13 BGB (German Civil Code). Entrepreneur relates to all persons who do not fall within Section 13 BGB, this also applies even if the business is not operated in a commercial sense with particular (but not exclusive) regard to freelance activities. By contrast, within the meaning of the following provisions, merchant only relates to that of the HGB (German Commercial Code).
(2) All agreements concluded between you and us within the context of contract conclusion principally arise from the written contract (insofar as this is applicable), from our order confirmation, and from our declaration of acceptance, and said agreements supplement these terms and conditions for each case of contract conclusion. Other agreements are only effective and binding upon CDS, if they have been made in writing or have been explicitly confirmed by CDS in writing.
(3) The version of the T&Cs valid upon contract conclusion shall be decisive.
(4) We do not accept deviating terms of the Customer. This also applies if we do not explicitly reject their inclusion and if the Customer uses their own T&Cs, which contain a protection clause with regard to the T&Cs, which is in contraction to our T&Cs. This applies irrespective of whether we repeatedly or recently sent the Customer our T&Cs or otherwise drew reference thereto.
Section 2 – Contract conclusion
(1) The presentation and advertising of items in our Weblounge or other media does not constitute a binding offer to conclude a purchase contract on the part of CDS.
(2) In submitting an order via the Weblounge by clicking on the “Order” button, you are submitting a legally binding order, which must be accepted by us pursuant to Paragraph 4 as follows. You are bound to the order for a duration of two (2) weeks after its submission; your right pursuant to Section 3 to revoke your order remains unaffected thereby. Should the order not have been submitted via the Weblounge, bur rather, for example, by telephone, email, fax or letter, the contract only comes into force upon issuance of a declaration of acceptance in accordance with Paragraph 4 as follows.
(3) We will confirm receipt of your order placed via our Weblounge via email without delay. This email, however, does not constitute a binding order acceptance, unless acceptance is declared at the same time as confirming receipt of the order.
(4) A contract only comes into force once we accept your order by means of a written declaration of acceptance (electronic form is sufficient), or once the ordered item is delivered, in such a case, delivery must be performed by no later than 14 days of placing your order.
(5) Orders concerning deliveries abroad can only be considered starting from a minimum order value. Please see the price information already available in our Weblounge for details on the minimum order value.
(6) Should it not be possible to deliver the goods you have ordered, i.e. the corresponding goods are not in the warehouse, we will refrain from declaring acceptance. In such an event, no contract comes into force. We will inform you of the situation without delay and refund without delay any considerations already received; in such an event, the consequences of revocation stipulated under Section 3 shall apply accordingly, even if you are not a consumer.
Section 3 – Right of revocation
(1) If you are a consumer, you may be entitled to a right of revocation in accordance with statutory provisions.
(2) If you, as a consumer, make use of your right of revocation pursuant to clause 1, you must bear regular costs for return shipment.
(3) In addition, the right of revocation for a consumer shall be subject to the regulations reproduced in detail in the following
Terms of revocation
Right of revocation
You have the right to revoke this contract within fourteen days without stating reasons.
Submission of your notification to exercise the right of revocation prior to the end of the revocation term shall be deemed sufficient for compliance with the revocation term.
Consequences of revocation
If you revoke this contract, we must without delay reimburse you for all payments received from you, including delivery costs (excluding additional costs arising from your decision to select a different type of delivery to the standard delivery on offer) within fourteen days of receipt of your notification to revoke this contract. Reimbursement shall be made to the same source of payment as used in the original transaction, unless we have explicitly agreed otherwise with you; you shall in no event be charged any fee for such reimbursement. We can refuse reimbursement either until we regain possession of the goods, or you provide evidence that you have sent the goods back, whichever is earliest.
You must send back or hand over the goods without delay, or no later than fourteen days starting from the day you notify us our your intention to revoke this contract. Re-turning the goods within the fourteen-day period is sufficient for compliance with said period.
You shall bear the direct costs of returning the goods.
You shall only be required to compensate for a loss in value in the goods if said loss in value can be attributed to your unnecessary handling during a check of the nature, properties and functionality of the goods.
- End of terms of revocation -
(4) The right of revocation does not apply to distance contracts concerning
(a) the delivery of goods produced in accordance with customer specifications, or otherwise clearly customised to personal requirements, or goods, which due to their nature, are unsuitable for re-turn or are prone to rapid generation, or whose date of expiry would have been passed
(b) the delivery of audio or video recordings, or software, insofar as you have unsealed the data carrier delivered.
Section 4 – Terms of delivery, right to advance payment
(1) We are entitled to make partial deliveries insofar as this is reasonable to you.
(2) Delivery on the part of CDS generally takes place within 14 days of sending order confirmation. It begins – notwithstanding the regulations in Paragraph 3 – upon contract conclusion. Should delivery not take place within 30 days of sending order confirmation, the Customer is entitled to rescind the contract; this does not establish any further obligations with respect to the Customer or CDS. Any purchase price paid by the Customer will be reimbursed pursuant to the consequences of revocation stipulated under Section 3; this also applies if you are not acting as a consumer.
(3) In the case of orders from customers with an address of residence or business in a foreign country, or there is justifiable concern for a risk of default, we reserve the right to only deliver once in receipt of the purchase prices and shipment costs (right to advance payment). We shall inform you without delay should we wish to make use of our right to request advance payment. In such an event, the delivery period begins upon payment of the purchase price and shipment costs.
Section 5 – Prices and shipping costs
(1) All prices indicated in our price list are net prices and do not include statutory sales tax; as such they shall be subject to the statutory amount of sales tax and any applicable shipment costs.
(2) Shipment costs are indicated in the price details presented in our Weblounge. The price shall be displayed including sales tax and any applicable shipment costs in the order form, which is available for your consideration prior to submitting the order in the Weblounge.
(3) Should we fulfil your order by means of partial deliveries as per Section 4 Paragraph 1, the only costs you shall bear will be those of the first partial delivery. Should you have requested partial deliveries, we shall charge you shipment costs for each partial delivery.
(4) If you, as a consumer, effectively render your declaration to revoke the contract in accordance with Section 3, you can request – notwithstanding the other consequences of revocation pursuant to Section 3 Paragraph 3 – reimbursement of any costs already paid for delivery to you (dispatch costs) provided that the respective requirements under statutory law are met.
Section 6 – Payment conditions, offsetting, right of retention
(1) The purchase price and shipment costs can paid by cash-on-delivery, advance payment (in accordance with the following regulations in Paragraph 2) or, in the case of sufficient creditworthiness, upon invoice. In the case of payment upon invoice, the invoice sums are to be paid by no later than two (2) weeks after receipt of our invoice. In the event of non-payment within the deadline, CDS is particularly entitled to demand interest at the statutory rate, whereby the assertion of a further claim for damages by CDS is not excluded.
(2) Should the payment be made in advance, you can transfer the purchase price amount and shipment costs as selected by you to the account indicated in our Weblounge.
(3) You are not entitled to offset against our claims, unless your counter claims are legally established or undisputed. You are also not entitled to offset against our claims under the aforementioned requirements if you assert claims for defects or counter claims arising from the same purchase contract.
(4) As buyer, you may only exercise a right of retention if your counter claim is based on the same purchase contract and provided that your counter claim if legally established or undisputed.
Section 7 – Reservation of title
The delivered goods remain our property until full payment of the purchase price has been received. In the event of processing, commingling and/or transformation of the goods, we acquire ownership of the newly created items. Unless otherwise explicitly agreed, such as in individual circumstances, the customer is not entitled to sell the delivered goods; this may especially be the case for customers who are not consumers who openly resell to CDS. Should a customer resell goods in such a case, s/he then simultaneously assigns to CDS their payment claims against their customers upon reselling of the re-served goods on account of performance. In the event of resale, the assignment shall be declared by the customer upon accepting the goods without objection; acceptance of said assignment on the part of CDS is hereby already declared.
Section 8 – Warranty
(1) We are liable for material defects or defects of title in the delivered items in accordance with applicable statutory regulations, particularly Sections 434 ff. BGB. The period of limitation for statutory defect claims totals two years for new goods delivered to customers who are consumers, and begins upon delivery of the goods; in the case of customer who are not consumers this period totals 6 months. In the case of used goods, including demonstration devices and specially prepared goods, the period for limitation for consumers concerning warranty claims in the case of defects totals 1 year. For customers who are not consumers, warranty claims for used goods are excluded, however only to the extent that any claims of recourse pursuant to Section 479 BGB remain unaffected thereby. In the case of new goods in such instances, the period of limitation for warranty claims totals 1 year. If the Customer is a merchant within the sense of the regulations of HGB, s/he is obliged to inspect the delivered goods without delay, including with respect to their completeness, and must lodge any complaints with CDS for defects and deviations without delay but no later than 2 days after completion of delivery. Should no complaint be logged accordingly, the delivered goods shall be deemed by CDS to be free of defects and approved, unless the defect could not be discovered as part of normal checks. All other regulations of Section 377 HGB remain unaffected.
(2) Any seller’s warranties granted for specific items or any manufacturer warranties granted for items specified by the manufacturer are in effect in addition to claims for material or legal defects within the sense of Paragraph 1. Details on the scope of such warranties can be found in the manufacturer’s warranty conditions, which are also enclosed with the items.
(3) Drawings, illustrations, dimensions, weights, and other data are only considered binding if this has been explicitly agreed in writing with us or guaranteed by us. Deviations therefrom do not constitute claims for defects in the goods if the deviation is reasonable, unless the recognised intended use of the item would be thereby impaired.
Section 9 – Regulations for repair orders
1. Customers can also commission repairs from CDS for defective products insofar as this is generally offered by CDS, or falls within the area of expertise of CDS, even if CDS did not originally deliver said products to the Customer. Repair orders by customers are only to be placed via the order form available at www.cds-service.com – particularly for Epson®-brand products – and customers must fill in details on product name, type and serial number, as well as an exact description of the issue/defect. CDS will then promptly verify – no later than within 4 contiguous working days (Monday to Friday – 08:00 until 12:00, and 13:00 until 17:00) – whether the intended repair order falls within CDS’s area of expertise, and whether CDS will accept the repair order; CDS will then promptly inform the Customer within the afore-mentioned times. The contract shall come into effect with the content as identified in the order confirmation from CDS.
2. Repair orders are generally subject to the conditions communicated to the Customer by CDS in accordance with the cost estimate created pursuant to the following clause (3), insofar as there is no deviating agreement in place between the Customer and CDS, which has been concluded in writing.
3. After receipt of the repair request, CDS will create a cost estimate at a flat-rate charge of 50.00 EUR (net) – with applicable sales tax applied; 59.50 EUR – to be billed to the Customer. The corresponding invoice will be sent by CDS to the Customer prior to drawing up the cost estimate and must be settled by advance payment before the cost estimate is created. Once payment is received, CDS will create the cost estimate without delay and send it to the Customer. Should the Customer issue a repair order on the basis of the cost estimate for the repair order within 30 days of being sent the cost estimate, the amounts paid for the cost estimate shall be applied to the repair work carried out. The CDS is bound to the individual prices from the cost estimate for 7 days starting from the date of the cost estimate. Should it become clear after commissioning repair work on the basis of the cost estimate that CDS will incur further expense, CDS is entitled to perform said work without consultation with the Customer insofar as the total cost arising from the cost estimate is not exceeded by more than 15%, plus any replacement parts that become necessary. In the event that the total would be exceeded by 15%, CDS must immediately suspend the repair order and obtain the Customer’s decision with regard to the additional expense that would be accrued.
4. Should on-site repair not have been agreed to between the Customer and CDS, the Customer must send to CDS at his/her own expense the product to be repaired and shall bear the risk of loss of or damage to the product en-route, irrespective of whether the Customer is acting as a consumer or not.
5. If the Customer is a consumer and s/he is entitled to a statutory right of revocation due to the repair entailed in the order, Section 3 shall apply accordingly. In derogation of the above, the Customer’s right of revocation shall expire in such cases even if CDS has fully executed the repair order and has commenced completion after the Customer explicitly issued their consent at the beginning and confirmed his/her acknowledgement that s/he will prematurely lose his/her right of revocation upon complete fulfilment of the repair service.
6. With respect to warranty claims, the regulations under Section 8 shall apply correspondingly, however with the proviso that warranty claims expire one year after accepting the service, irrespective of whether s/he is acting as a consumer or not.
7. Claims due to liability on the part of CDS or their auxiliary agents shall be determined in accordance with Section 10.
8. CDS shall notify the Customer without delay upon completion of the repair work and present him/her with the invoice amount for the repair work. The Customer must collect the goods from CDS within one week of the aforementioned notification of completion, unless a deviating agreement is in place between the Customer and CDS, which stipulates that CDS is to send the goods to the Customer at CDS’s own cost and risk. The Customer must pay in cash the invoice amount communicated to him/her as per page 1 upon collection of the goods by the Customer. Should the Customer have requested the goods be sent to him/her, the Customer must make an advance payment to CDS of the invoice amount within one week of receiving the notification as per page 1. The goods shall only be shipped once the payment amount has been received by CDS. Should the Customer not pay in due time upon receipt of the notification as per P. 1 (or in the case of collection, upon collection from CDS), the Customer shall be in default of acceptance and shall particularly bear the risk of accidental loss or deterioration of the goods.
9. Upon conclusion of the repair order, the Customer and CDS shall both be in agreement that, upon receipt of the goods by CDS, CDS shall not only be entitled to a statutory right of lien pursuant to Section 647 BGB, but also a legal right of lien agreed to between the Customer and CDS, which also encompasses open claims on the part of CDS from earlier orders and/or deliveries, unless this right is disputed or the subject of legal proceedings.
Section 10 – Liability
(1) Even when you are acting through representatives or auxiliary agents, CDS is liable towards you for compensation for damages and compensation for futile expenses in all cases of contractual and non-contractual liability with regard to intentional acts and gross negligence in accordance with the statutory provisions.
(2) Unless nothing to the contrary is stipulated under Paragraph 3, CDS shall in all other cases be liable towards representatives and auxiliary agents only insofar as a contractual obligation is contravened of which the proper fulfilment constitutes a condition sine qua non and upon the fulfilment of which the Customer regularly relies and may rely (‘cardinal obligation’); this shall be limited to compensation for foreseeable and typical damages. In all other cases, liability on our part is excluded, notwithstanding the regulations in Paragraph 3.
(3) The liability of CDS – also in cases of acting representatives and auxiliary agents – for damages arising from injury to life, body and health and in accordance with the German Product Liability Act remains unaffected from the preceding limitations and exclusions of liability.
Section 11 – Copyrights and data protection
1. We possess copyrights to all images, films and texts published by us in our Weblounge or other media, or have been empowered by the manufacturer and/or supplier for their use. Use of images, films and texts without our explicit consent is not permitted.
2. The Customer is aware of and consents to CDS electronically gathering customer data, saving it and using it for the purposes of present or future order processing. Customer data will not be passed onto third parties by CDS unless the Customer explicitly grants consent thereto.
Section 12 – Applicable law and place of jurisdiction
(1) The contract shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention. If you have placed an order as a consumer and your regular residence at the time of ordering is situated in a foreign country, the application of mandatory legal regulations of said country shall remain unaffected by the choice of place of jurisdiction in sentence 1.
(2) If you are a merchant and your residence at the time of ordering is situated in Germany, the place of performance and sole place of jurisdiction shall be the registered location of the seller, Lage, Germany. The same applies to legal entities of public law or special funds under public law. In addition, the applicable statutory provisions shall apply for the local and international jurisdiction.