TERMS AND CONDITIONS
for KonBay, Dipl.-Ing. Michael Storz, Danzigerstr.3, 78166 Donaueschingen
§ 1 Principles for KonBay
(1) KONBAY AS Portal providers the platform for the sales of completed design in the form of sketches and plans. Konbay thus provides an online marketplace for uploading and downloading. Konbay is not for checking designs or other material or content obliged to be uploaded or set to the Konbay website. Therefore konbay accepts no responsibility for this content. The deliveries, services and offers of the seller and of Konbay made solely on the basis of these Terms and Conditions. They also apply to all future business relations even if they are not expressly agreed again. Only these general terms and conditions. Terms and conditions of the buyer or seller apply only insofar as they Konbay has expressly agreed.
(2) Sellers can upload designs on her Konbay account. The seller is a keyword and a descriptions of the design, so the design can be categorized and identified using the search engine of the website. Konbay may define restrictions for uploading constructions in ist reasonable discretion. The seller may not post any content or transmitted through the website Konbay, viruses, worms, trojan horses of other code included with malicious, destructive or harmfull effects.
(3) Purchasers can download a design on her Konbay account. Therefore is a required number of credits and agree to pay the appropriate contract for download from constructions. Unused credits will be refunded on request.
(4) The Konbay account the seller or the buyer may not be sold without the consent of Konbay or otherwise transferred to another person or entity. Member passwords must be kept secret and should any other person or entity not be made available or otherwise passed on to these. Konbay may view the use of Member’s account, Member name and Membership Password as conclusive proof that the account holder has used the Konbay website itself.
§ 2 Contract
(1) The purchase contract for the constructions is concluded between the buyer and the seller of the construction, not with Konbay. The offers contained in the Construction section are non-binding. The products and services listed are an invitation to the Customer to submit a binding offer to the seller in the form of order. This is done by clicking the „Buy“ button.
(2) The buyer logs in to the portal and acquire a credit balance of Konbay, he can use up to and after the purchase of constructions. Is the Credit Account is used up, he receives an indication and can earn credits again. After the buyer has charged his credit account, they can click on the desired design you are logged in and initiate the purchase process by clicking the „Buy“ button. When purchasing the needed loan be deducted from my credit. After the sale is completed he comes to the download page and can download the design as a zip file.
(3) Any additional arrangements are made between the seller and the buyer for the purpose off execution of this contract are set forth in writing. The precedence over individual contract agreements prior terms and conditions acc. § 305 b BGB remains unaffected.
§ 3 Prices
(1) The profile specified in construction prices include VAT.
(2) The purchase of credit balances with Konbay are generally against payment in advance (bank, transfer, credit card, paypal. Only with the express agreement of purchase of credit balance on account.
§ 4 Revocation
Consumers have a statutory right of withdrawal, over which they will be taught separately. Anyone who has described himself as a business customer ordering no statutory right of withdrawal. In this respect deliberate misstatement of the purchaser is treated at least as slip merchant.
§ 5 Rights of the purchaser for defects representation obligation
(1) Apply for the guarantee claims of the buyer against the seller of the design principle, the legal provisions. The seller is entitled to fulfill defective structures to the purchaser after. A deficiency puts him to the purchaser a reasonable time.
(2) Failure of the repair is only given after the second unsuccessful attempt.
§ 6 The liability of KonBay
(1) Konbay is not liable for the closed profile construction purchase contracts between buyers and sellers, but only in breach of its own contractual obligations. In case of negligent breach of duty, the liability of Konbay limited to the predictable nature of the performance, typical, direct average damage. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of Konbay.
(2) If non-compliance due to force majeure or similar events due ( strike or lockout). So the deadline shall be extended.
(3) With a delay of one’s own performance Konbay liable for intent and gross negligence in accordance with the legal provisions. In other cases the delay performance of the liability of Konbay for damages in addition to performance is limited to 5% of the sale price of each platform on the resulting purchase contract. Compared to commercial customers the default liability is in addition a uniform cap of 5% of the sale price of the part affected by the delay of delivery, this limit applies to the total compensation, ie for damages in addition to and in lieu of performance.
(4) The limitation period for claims for damages due to defective own contractual obligations by Konbay is based on whatever legal reason reduced to one year. The statute of limitations for other claims for damages, regardless of defects is also reduced to one year. These reductions do not apply in cases of intent, bad faith, gross negligence, assumption of a guarantee for the quality of the subject matter by Konbay, injury to life, body, health, freedom, claims under the product Liability Act, and culpable violation of essential contractual obligations.
§ 7 Payment
(1) Employers of Konbay are not entitled to collect payment in cash. In addition payments can only be made directly to Konbay or one specified Konbay by bank or postal check account with the effect.
(2) Bills of Konbay are, unless otherwise agreed, payable within 10 days from the invoice date.
(3) The rejection of checks or bills of exchange Konbay expressly reserves. The assumption is always only as payment. Discount and bill charges shall be borne by the contractor and shall be due immediately. Konbay reserves the right to perform in justified individual cases, or for refusal to pay by credit institutions or vendors of the respective payment the order only against cash on delivery or payment in advance (bank transfer, credit card, paypal). In this case, the contractor may accept or withdraw from the contract. Costs incurred by the reversal of a payment transaction for lack of funds or because of wrong information provided by the contractor data are calculated by the contractor Konbay.
(4) The contractual partner is only entitled to offset against Konbay, if the counterclaim is undisputed or legally. To withhold the contract partner is entitled but also due to counter claims from the same contractual relationship, but not for counterclaims from other contractual relationships.
§ 8 Governing law and jurisdiction
(1) German law applies to the legal relationship between the parties without the conflict of law principles and excluding the UN Sales Conversation.
(2) In the event that both parties are merchants, Villingen-Schwenningen is agreed that locally competent jurisdiction. Otherwise, the statutory provisions.