Terms of serviceMacXperience.de | Ist ein Angebot von:Meyer-SolutionsStefan Meyer
Hohenzollernstr. 48
D - 33330 Gütersloh
info@macxperience.dePGP Schlüssel
1. Validity of the general terms and conditionsThese general terms and conditions apply to all contracts concluded between Meyer-Solutions and the customer as well as to all other agreements made within the scope of the business relationship. General terms and conditions of the customer are explicitly not part of the contract, even if they are not explicitly contradicted by Meyer-Solutions. In the event that the customer does not wish to accept the following general terms and conditions of business and delivery, he shall notify Meyer-Solutions in writing prior to the provision of services.
2. Terms of payment and pricesAll invoices of Meyer-Solutions are payable within eight days from date of invoice. The date of receipt of payment by Meyer-Solutions is decisive. In case of default Meyer-Solutions is entitled to withhold further deliveries and services. In case of default of payment by the customer, Meyer-Solutions is entitled to charge interest in the amount of 5% above the respective valid base interest rate.
All prices are exclusive of the respective statutory value added tax.
Meyer-Solutions is entitled to make partial deliveries.
3. Offer and deliveryAll offers are subject to change. All delivery dates quoted by Meyer-Solutions are non-binding unless a delivery date is expressly agreed upon in writing as binding. If the customer requests changes or additions to the order after the order has been placed or if other circumstances occur which make it impossible for Meyer-Solutions to meet the delivery date, although Meyer-Solutions is not responsible for these circumstances, the delivery date shall be postponed by a reasonable period of time. If Meyer-Solutions is prevented from timely fulfillment of the contract, e.g. due to procurement, manufacturing or delivery disruptions at Meyer-Solutions or at its suppliers, the general principles of law shall apply with the proviso that the customer may set a grace period of six weeks after the expiration of one month. If the non-observance of a binding delivery date is demonstrably due to mobilization, war, riot, strike or lockout or other circumstances for which Meyer-Solutions is not responsible according to general legal principles, the delivery period shall be extended accordingly. The customer can withdraw from the contract if he gives Meyer-Solutions a reasonable grace period after the extended period has expired. The withdrawal must be made in writing if Meyer-Solutions does not fulfill within the grace period. If Meyer-Solutions is unable to fulfill the contract in whole or in part due to the aforementioned reasons, Meyer-Solutions is released from its obligation to deliver.
4. Retention of titleDelivered services remain the property of Meyer-Solutions until full payment of all Meyer-Solutions claims arising from the business relationship with the customer, both primary and secondary. The customer is obligated to properly insure the items, equipment & services subject to Meyer-Solutions retention of title (i.e. theft, fire, water and low-voltage insurance) and to provide Meyer- Solutions with proof of such insurance upon request. In the event of a claim, Customer's insurance claim shall be deemed assigned to Meyer- Solutions. The customer is not authorized to dispose of the goods subject to retention of title. In case of seizure or confiscation, Customer shall immediately notify Meyer-Solutions in writing and shall immediately inform third parties of the retention of title to Meyer-Solutions in an appropriate manner. In case the customer nevertheless sells the delivered items and Meyer-Solutions should approve this, the customer assigns to Meyer-Solutions all claims against his customers already upon conclusion of the contract. The customer is obligated to provide Meyer-Solutions with all information necessary for the assertion of these rights and to provide the necessary cooperation.
5. Limitation of liabilityMeyer-Solutions is liable for intent and gross negligence according to the legal regulations. In case of slight negligence Meyer-Solutions shall only be liable if an essential contractual obligation (cardinal obligation) is violated or in case of default or impossibility. In case of liability due to slight negligence, this liability is limited to such damages which are foreseeable or typical. Liability for the absence of guaranteed characteristics, for fraudulent intent, for personal injury, defects of title, under the Product Liability Act and the Federal Data Protection Act shall remain unaffected.
In case of a claim against Meyer-Solutions under warranty or liability, contributory negligence of the customer shall be taken into account appropriately, especially in case of insufficient error messages or insufficient data backup. Inadequate data backup shall be deemed to exist in particular if the customer has failed to take appropriate, state of the art security measures against external influences, in particular against computer viruses and other phenomena,
which could endanger individual data or an entire data stock.
6. Warranty for hardwareMeyer-Solutions sells its own services and does not sell hardware, for products on which e.g. configuration work / changes were made by Meyer-Solutions on the customer's side, only the hardware warranty / guarantee of the manufacturer is valid, this is especially valid for damages caused by the use of the respective products.
7. Warranty for softwareAll information, calculations and content of our website and apps were created after accurate research, but liability is excluded. Information about the collection, processing and use of your data! In principle, through the use of our apps no personal data of users are collected, processed and / or used. Personal data is only collected if users actively provide it to us of their own accord. We then use this data insofar as this is necessary for the provision of the respective service, e.g. to answer support e-mails, to process problem reports, etc. Under no circumstances will data be passed on, rented or sold for advertising or other marketing purposes. Location data Route records Addresses etc. are only stored on your device in the app databases and never transferred to our servers. Databases that users actively provide us for support purposes are deleted accordingly as soon as the data is no longer needed to solve problems!
The use of our website is usually possible without providing personal data. As far as on our sides personal data (such as name, address or e-mail addresses) are collected, this is as far as possible, on a voluntary basis. This data will not be passed on to third parties without your express consent.
We point out that data transmission over the Internet (eg communication by e-mail) security gaps (on the user side). A complete protection of data against access by third parties can therefore not be guaranteed.
The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. Meyer-Solutions expressly reserves the right to take legal action in the event of the unsolicited sending of advertising information, such as spam mails. Our apps are offered in the app stores of Apple (MacAppStore | AppStore). For the conclusion of the contract there, the terms and conditions of the respective app store apply. Depending on the respective app, in-app purchases are also possible there, these are also subject to the terms and conditions of the respective app store.
8. ConfidentialityMeyer-Solutions and the customer mutually agree to keep all business and trade secrets of the other party confidential for an unlimited period of time and not to disclose them to third parties or to exploit them in any way. Documents, drawings and other information received by the other contracting party due to the business relationship may only be used by the other party within the scope of the respective purpose of the contract.
9. Evidence clauseData stored in electronic registers or otherwise in electronic form at Meyer-Solutions are considered admissible evidence for the proof of data transmissions, contracts and executed payments between the parties.
10. Property rightsThe customer is not allowed to export the services provided by Meyer-Solutions to countries outside the EC without the express permission of Meyer-Solutions. In addition, the customer must observe all relevant export regulations, in particular those according to the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung) and, if applicable, regulations according to US law.
11. ExportThe customer acknowledges that the resale of any products imported from the USA is subject to the export control regulations of the United States of America, which restrict the export and re-import of hardware, software, technical data carriers and direct products of technical data carriers including services related to the use of these products. Customer agrees that it will not export or re-export, directly or indirectly, any products, information or documentation imported from the U.S. into any country or to any end user without first obtaining the necessary consent from the appropriate governmental authority. Approval must be obtained from the U.S. Department of Commerce, Division of Export Administration, or its equivalent. The same applies to all uses on the part of the end user that are restricted by US regulations. These regulations specifically refer to:
Countries to which restrictions apply are currently:
Cuba, Haiti, Rest of Yugoslavia (Serbia and Montenegro), Iran, Iraq, North Korea, Syria, and Vietnam.
End users to which restrictions apply are:
Any end user that the customer knows or has reasonable grounds to believe will use the products imported from the U.S. for missile design, development, or production, or in missile technology, in connection with nuclear weapons, or in chemical and biological weapons
End use to which restrictions apply:
Any use of products imported from the United States in connection with the design, development, or production of missiles or missile technology, in connection with nuclear weapons or weapons technology, or for chemical and biological weapons
12. MiscellaneousShould individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Rather, the invalid provision shall be replaced by the provision that comes closest to the intended purpose.
Subsidiary agreements have not been made. Supplements to the contract shall only be effective if they are confirmed in writing.
The customer may assign his rights from a business relationship with Meyer- Solutions only with written consent of Meyer-Solutions. The customer is only entitled to set-off against the purchase price claim with recognized or legally established counterclaims.
The place of jurisdiction is, as far as legally permissible, the registered office of Meyer-Solutions (head office) in the Federal Republic of Germany.
German law is exclusively applicable.
