General Terms and Conditions
General Terms and Conditions for Individual Customers
(as of June 2014)
When submitting an order at www.mindtecstore.com, you are about to enter into a contract between yourself and TITAN Commerce Continental Services GmbH. After you have submitted your order online, TITAN Commerce will confirm the receipt of your order immediately by email. However, any order confirmation by TITAN Commerce does not constitute a legally binding contract: the contractual agreement becomes legally binding at the time you have received a shipment notification of the items you have ordered from TITAN Commerce or the items themselves, and at the time the services you ordered have been provided by TITAN Commerce.
The present Terms and Conditions shall apply to all claims asserted by either you or TITAN Commerce as a result from a contract between the two parties via the webpage www.mindtecstore.com. Claims arising in conjunction with services provided by TITAN Commerce that do not include the delivery of goods are governed by the specific Terms & Conditions of each individual service.
3. Contracting Parties
All contractual agreements entered into in accordance with the present Terms & Conditions will be between
TITAN Commerce Continental Services GmbH, Gottlieb-Daimler-Str. 13, 35440 Linden, Germany,
The individual customer who must be at least 18 years of age.
If TITAN Commerce Continental Services GmbH should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, TITAN Commerce reserves the right to terminate the after giving the appropriate period of notice.
4. Object of the Contract
TITAN Commerce Continental Services GmbH shall deliver the item(s) ordered by you and provide the service(s) requested by you and agreed to between the both parties, respectively. All objects of the contract are subject to the statutory rights outlined in Art 434 Sec 1 Para 3 of the BGB (German Civil Code). If you exercise your right to cancel an order by returning an item within the contractually agreed period, TITAN Commerce shall reimburse any payments received.
5. Your Right to Cancel
5.1. You can cancel your order without giving a rationale within a time period of fourteen (14) days by email, letter or fax, or use of our cancellation form (see below). You may also use our contact form at www.mindtecstore.com. If you use this method, you will immediately receive a confirmation of your cancellation. The notice period commences at the time you receive the notification about your cancellation rights, or on the date your order has been delivered, whichever occurs first. However, this does not affect your statutory rights. To cancel your order please contact:
TITAN Commerce Continental Services GmbH
5.2. If you cancel you order and the items are returned complete (including all accessories, if applicable) and in mint condition, you will receive a refund immediately and no later than 14 days after reception of your order cancellation. If there is no other agreement, we will return the money the same way it was paid to us. We retain the right to keep any return payments until the merchandise is returned or return shipment is proven by you. The money return is free of any charges for you. Items returned incomplete, damaged or in used condition may lead to the refund revised accordingly, to compensate for the depreciated value. However, this does not affect your right to examine and test the delivered items upon receipt, i.e. as you would in a store. If you return an item to us, you agree to pay the cost of return delivery. It is your duty to return all items to us immediately and no later than 14 days after your cancellation.
5.3. The right to cancel does not apply to:
a. Custom-made items – items which are tailored to your own specifications;
b. Items that by reason of their nature cannot be returned;
c. Sealed items which have been unsealed, such as audio or video recordings or PC software;
5.4. If you are returning items with integrated data storage systems (such as PCs, laptops, memory sticks, mobile phones etc, please remember that you are solely responsible for any information you stored on these devices. Make sure you transfer all relevant information/make back-up copies and delete all personal information (in particular, personal information of any third party) prior to returning the item to TITAN Commerce. If deleting personal information stored on items to be returned to TITAN Commerce is prevented by the item in question being faulty, please state this clearly on the return slip.
6. Limited Availability of Items or Services
In the case of items or services not being available at TITAN Commerce any longer at the time your order has been received, TITAN Commerce shall immediately reimburse any payment you made. TITAN Commerce reserves the right to offer you items and services matching the quality and price of the originally order. However, you are under no obligation to accept these items and services, respectively. Under these circumstances, the cost of returning the items will be borne by TITAN Commerce Continental Services GmbH.
Before placing an order, please note our information regarding DRM and compatibility of digital content and hard- or software provided in the product descriptions of relevant products.
7. Shipping / Conditions of shipping
7.1. Domestic Shipments: A general rate of €5.90 for shipping of your item(s) will be added to all orders placed with a delivery address within Germany. If you order online, the total amount due displayed on the checkout page will include the shipping rate.
7.2. International Shipments: The shipping costs for international shipments may vary depending on the destination of the shipment. The specific amount charged for your shipment will always be shown when checking out before your final confirmation of the order. If your desired country is not shown as a shipment option please contact us for a solution.
7.3. The customer is responsible to abide to any relevant customs and import regulations of the destination country. Applicable customs and/or taxes are the responsibility of the customer.
7.4. Software Downloads: All purchases of software that does not include any physical media (e.g. CD-ROM, DVD, BluRay, license dongles etc.) are free of shipping costs. These items will show the shipment option “software download”. Only orders which consist entirely of downloadable content will show this shipment option.
7.5. TITAN Commerce Continental Services GmbH shall ship the items ordered within three to five working days. If items that form a part of a delivery are not available for immediate dispatch, TITAN Commerce will split the order into separate deliveries, with the items shipped at the earliest moment possible, and with no postage costs incurred.
7.6. All shipments are process via Deutsche Post/DHL.
8. Pricing & Payment Conditions
8.1. Item prices quoted in TITAN Commerce catalogues and on TITAN Commerce leaflets released to retailers and business customers represent the net amount excluding VAT and do not apply to individual customers.
8.2. When purchasing items online from www.mindtecstore.com, the prices displayed on the "Complete Order" page apply.
8.3. Our payment options include:
a. Advance payment (see our “Legal notice” page for bank details)
b. Credit card (via PayPal)
Payment in advance is free of charge, payment via Paypal is charged with 1,9% (plus VAT) of the order total and payment via credit card is charged with 3% (plus VAT) of the order total.
8.4. TITAN Commerce Continental Services GmbH may limit the payment options available to individual customers entirely at its discretion. This includes asking for advance payments, cash on delivery or instant payments at the time the order is processed.
9. Retention of Title
9.1. Title to any items or services shall remain vested in TITAN Commerce Continental Services GmbH and shall not pass to the customer until the purchase price for these items or services has been paid in full and received by TITAN Commerce Continental Services GmbH.
9.2. Any replacement items provided by TITAN Commerce Continental Services GmbH shall remain vested in TITAN Commerce Continental Services GmbH until the item has been received by the customer. Upon receipt, the item shall become the property of the customer.
9.3. Any items returned by the customer shall remain vested in the customer until the item has been received by TITAN Commerce Continental Services GmbH. Upon receipt of the returned item, the item shall become the property of TITAN Commerce Continental Services GmbH.
10. Guarantees & Warranty
10.1. TITAN Commerce Continental Services GmbH shall ensure that all items are of satisfactory quality, fit for purpose and as described at the time the items are dispatched.
10.2. In the case an item should prove damaged or faulty (including damage incurred during the delivery process) upon receipt, the customer shall notify TITAN Commerce Continental Services GmbH at the earliest moment possible after the item has been delivered. However, failing to do so does not affect the customer's statutory rights.
10.3. TITAN Commerce Continental Services GmbH provides a 2-year guarantee on all new items. The guarantee period commences at the delivery date. This guarantee does not apply to expendable parts of items.
10.4. In the case of the delivered item being faulty or damaged, TITAN Commerce Continental Services GmbH shall either repair the item or provide the customer with a replacement item, depending on the customer's preference. However, TITAN Commerce Continental Services GmbH reserves the right to reject one of the previous options, if either replacement or repair would incur excessive costs. Furthermore, if TITAN Commerce Continental Services GmbH is unable to repair a faulty item after a second attempt, the customer shall be entitled to either demand a replacement item, ask for a reduction of the purchase price, or cancel the order. However, this shall not affect the customer's statutory rights.
10.5. All claims for damages as a result of faulty items are subject to statutory right.
10.6. TITAN Commerce Continental Services GmbH shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the customer. For claims with regard to item damage or failure that occurred more than 6 months after the delivery date, the customer must provide evidence that damage or item failure were neither caused by inappropriate handling nor by overuse.
11.1. TITAN Commerce Continental Services GmbH is not liable to you (or any other parties) for:
a. any loss or damage which was not caused by our breach of a contract or our breach of our legal duty of care;
b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time TITAN Commerce Continental Services GmbH and you entered into the contract, either
(i) such loss or damage was contemplated by TITAN Commerce Continental Services GmbH and you, or (ii) you notified TITAN Commerce Continental Services GmbH that the loss or damage may occur if TITAN Commerce Continental Services GmbH breached the Contract or TITAN Commerce Continental Services GmbH's legal duty of care;
c. any loss or damage caused by your use of our webpage www.mindtecstore.com, help desks or call centers.
11.2. With respect to each contractual agreement, our entire liability to you if we are in breach of that contract or in breach of a legal duty of care in connection with that contract will be limited to the total price of the products or services ordered by you (as applicable) under that Contract;
11.3. TITAN Commerce Continental Services GmbH shall not be liable to you (or any other parties) for any damage or loss of income, business or profits as a result of the loss, corruption of, or damage to, data, unless you are able to provide evidence that you have backed up your data at least once every day. In this case, TITAN Commerce Continental Services GmbH's liability is limited to the obligation of reconfiguring your system by using your back-up copy.
11.4. Nothing in these Terms & Conditions shall affect TITAN Commerce Continental Services GmbH's liabilities under the Consumer Protection Act.
11.5. Nothing in these Terms & Conditions shall exclude or limit TITAN Commerce Continental Services GmbH's liability for (i) fraud; (ii) death or personal injury caused by negligence; or (iii) liability which may not be excluded or limited under any applicable law.
12. Applicable Law & Jurisdiction
12.1. All contractual agreements between TITAN Commerce Continental Services GmbH and its customers shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Both TITAN Commerce Continental Services GmbH and its customers irrevocably submit to the exclusive jurisdiction of the Court of Giessen (Germany) for the determination of disputes arising under any contractual agreement, if the law doesn’t state otherwise.
12.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
12.3. Section 12.1 does not affect the statutory rights of customers who are permanent residents of countries other than Germany, if the agreement between TITAN Commerce and customer governs the purchase of items or services for personal use only. Furthermore, Section 12.1 does not affect the statutory rights of customers with permanent residence in a country other than Germany, if the agreement between TITAN Commerce Continental Services GmbH and customers governs the purchase of items intended for retail or reselling, and the customer has successfully obtained full legal permission from the authorities of his/her country of residence prior to the agreement.
12.4. If any provision of these Terms & Conditions is held unenforceable, then such provision will be modified to reflect the intention of both parties. All remaining provisions of the present Terms & Conditions shall remain in full force and effect.
13.1. The use of any personal information will be strictly limited to ensure a timely processing of your order and the smooth delivery of the purchased items. TITAN Commerce Continental Services GmbH will use any personal information you provide in full compliance with the Federal Data Protection Act (BDSG) and the Federal Telecommunications & Media Act (TMG).
13.2. If you explicitly agree, your personal information may be used to send you news and information about our products and services and general promotional material which we believe may be of interest to you. However, the use of your personal information in this context is limited to TITAN Commerce and TITAN Commerce subsidiaries. We will not pass on personal information to any other third party. To object at any time or withdraw a given permission, please notify us by email (firstname.lastname@example.org), in writing (letters to: TITAN Commerce Continental Services GmbH, Gottlieb-Daimler-Str. 13, 35440 Linden, Germany), or by fax (+49(0)06403/60993-01).
13.3. TITAN Commerce Continental Services GmbH will not sell, distribute or lease your personal information to third parties.
Appendix: Cancellation form:
You may fill out this form and send it to us, if you want to cancel the contract.
Titan Commerce Continental Services GmbH
Gottlieb Daimler Str. 13
Fax: +49 (0)6403/60993-01
2. I hereby cancel the contract signed by me / by us regarding the purchase of the following products:
(Name of product(s), order number, purchase price)
3. Ordered on: 4. Received on:
5. (Name, Address of Customer)
Signature of Customer
(Only for cancellation in writing)