Terms and conditions
1. acceptance of the general terms and conditions
A contract with Aximpro is concluded exclusively on the basis of our following general terms and conditions. By placing an order, the client (customer) accepts these. Any general terms and conditions of the customer deviating from our terms and conditions shall not be valid and are expressly rejected.
2. conclusion of contract
The order by the customer can be made orally, by telephone, via the Internet, by letter or by e-mail. In all cases, the contract is concluded only upon written acceptance by Aximpro. Acceptance by Aximpro can be made within 2 weeks after placing the order. The customer remains bound for this period.
3. subject matter of the contract
The subject of the contract shall be determined by Aximpro's written confirmation of the order. Subsequent additions and amendments must be made in writing. This shall also apply to any waiver of this written form requirement.
Binding appointments are made exclusively in writing.
Aximpro's compliance with its obligation always requires the timely and proper and complete fulfillment of the client's obligations under the existing business relationship.
The basis of the order are the prices agreed upon and confirmed by Aximpro. If the service is to be provided by Aximpro more than 4 months after the order has been placed and if there is a significant change in the price-forming factors - license and personnel costs - on the part of Aximpro, Aximpro is entitled to adjust the price according to the increase of these factors. In the event of a change in the agreed price of more than 7%, the client has a special right of termination.
5. terms of payment
Aximpro is entitled to invoice services rendered on a monthly basis. The respective invoice amounts are due in each case within 14 days of receipt of the invoice without deduction.
Aximpro is entitled to transfer claims against customers located in Germany and countries of the EU for refinancing to abcfinance GmbH, Kamekestr. 2-8, 50672 Cologne, Germany. The buyer will be informed at the time of conclusion of the contract whether an assignment of the claim will take place. In these cases, payments with debt-discharging effect can only be made to abcfinance GmbH. Their bank details will be communicated to the buyer upon conclusion of the contract.
6. default of payment
In case of default of payment Aximpro is entitled to charge default interest in the amount of 3% above the respective prime rate of the European Central Bank (ECB). If a higher damage caused by delay can be proven, Aximpro is entitled to claim it. The client is allowed to prove that Aximpro has not suffered any damage at all or that the damage is significantly lower.
Aximpro is not obliged to accept checks and bills of exchange. Accepted checks and bills of exchange shall not be deemed payment until they have been honored. The client is entitled to set-off and retention rights only if his counterclaims are legally established, undisputed or recognized by Aximpro.
Claims of the client, in particular claims for damages including lost profit or due to other financial losses of the client, are excluded.
The foregoing limitation of liability shall not apply in cases where liability is mandatory, e.g. under the Product Liability Act, in cases of intent, gross negligence, bodily injury, due to the assumption of a guarantee for the existence of a property or due to breach of fundamental contractual obligations.
In case of a merely negligent breach of duty by Aximpro or by a vicarious agent, Aximpro's liability is limited to the foreseeable damage typical for the contract.
As far as Aximpro's liability is excluded or limited, this also applies to the personal liability of Aximpro's employees, representatives and vicarious agents.
8. right of withdrawal for consumers in distance contracts
If the contract is concluded exclusively using so-called means of distance communication (e.g. by e-mail or fax) and if the client is a consumer, he has the right to revoke the registration/order in writing within 14 days after receipt of the confirmation of acceptance without giving reasons.
After exercising the right of withdrawal, any payments made will be refunded. To meet the deadline it is sufficient to send the revocation to Aximpro's address in due time.
This right of withdrawal expires as soon as Aximpro has started to provide its services as agreed during the 14-day period.
9. data protection
Aximpro will treat the data provided by the client confidentially and will only use them in accordance with the data protection regulations. By placing an order, the client agrees that his personal data may be stored for the purpose of fulfilling the purpose of the contract.
10 Jurisdiction, Place of Performance, Choice of Law
If the client is a registered trader, the place of jurisdiction for all disputes arising from the contractual relationship shall be Attenkirchen. However, Aximpro is entitled in individual cases to sue at the client's place of business or before any other competent court. Place of performance for service provision by Aximpro and payment by the client is the registered office of Aximpro. The legal relationship between Aximpro and the client shall be governed exclusively by German law, even if the client has its registered office abroad or if the performance of the service takes place wholly or partly abroad. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) in the respective current version is waived.
11. severability clause
Should any of the above provisions be or become void or ineffective, this shall not affect the validity of the other provisions. Instead of the void or invalid provisions, another appropriate provision shall apply, to the extent legally permissible, which comes closest in economic terms to what the contracting parties intended or would have intended if they had considered the invalidity of the provision.