General terms and conditions

The respective valid terms and conditions for deliveries and services (GTC) as well as the terms and conditions for training services of eSell GmbH, eSell Bayern GmbH or eSell Nord GmbH shall apply as an integral part of the contract.

The Supplementary Terms and Conditions for Hardware and Software Maintenance (EGB) shall apply in addition to the General Terms and Conditions for all maintenance and support services (hardware and software maintenance) within the framework of continuing obligations as part of the contract.

These terms and conditions are also available online and can therefore be viewed, saved and printed at any time:

Status: 01.01.2019

1. General
These General Terms and Conditions shall apply to the delivery of hardware, standard software and individual software as well as to services provided by eSell GmbH and shall be recognized at the latest upon delivery upon acceptance of the delivered goods. They shall apply in particular in the event of deviating terms and conditions of purchase of the customer, even if we do not expressly object to them. All agreements deviating from the provisions of these GTC require our written confirmation in order to be effective.

2. Offer and Prices
For persons who are entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. who conclude contracts with us within the scope of their commercial or freelance activity, the following applies: All our offers are subject to change without notice with regard to prices, delivery periods and availability. Unless otherwise agreed, the prices and other conditions valid on the day of delivery shall apply.

3. Due date and payment
In case of delivery of hardware and standard software, the payment is due with the delivery. In case of delivery of individual software, third party payment shall be made, i.e. 33% of the agreed remuneration shall be due upon order confirmation. A further 33% is due at the beginning of the programming process. The remaining amount is due upon delivery of the software. In the case of services, payment is due immediately after the service has been rendered. Offsetting or the assertion of rights of retention by the customer are only possible with undisputed or legally established claims. Discounts are not included in our calculation. Therefore, even a payment made before the due date does not entitle to deductions from the invoice amount.

4. Interest and damage caused by default
In the case of delivery of individual software, our remuneration shall bear interest at a rate of 5 % p.a. from the date of acceptance. From the time of default, our remuneration for all services for entrepreneurs within the meaning of Item 2 of our General Terms and Conditions shall bear interest at 8% p.a. above the respective base interest rate of the European Central Bank. In the event of default, we shall also charge a lump-sum reminder fee of EUR 2.50 plus postage and delivery costs for further reminders. We reserve the right to assert further claims for damages caused by default in any case.

5. Retention of title
The delivered goods shall remain the property of eSell GmbH until payment has been made in full. The resale of the reserved goods is only permitted to dealers recognised by us within the framework of proper business operations. In the event of resale, the customer hereby assigns to eSell GmbH, which accepts such assignment, his claim against the purchaser in the amount of the invoice value of the goods subject to retention of title. However, the customer remains entitled to collect this claim until revoked by us. The pledging or transfer by way of security of the delivered reserved goods is not permitted. Interventions by third parties in the reserved goods, in particular in the form of seizures or other execution measures, must be reported to us immediately. In the event of default in payment or other breaches of material contractual obligations, we shall be entitled to demand the return of the reserved goods and, after prior warning, to dispose of the goods at the customer’s expense.

6. Defects
We shall remedy defects in the hardware and standard software provided, including the manuals and other documents, within a period of 2 years from delivery. In the case of delivery of hardware and standard software, this shall be done either by remedying the defect or by replacement delivery. The customer shall have the right of choice in this respect if he is a consumer within the meaning of § 13 BGB, i.e. if he concludes the contract for a purpose which serves neither his commercial nor freelance profession. We shall have the right to choose if the customer is an entrepreneur within the meaning of Clause 2 of these General Terms and Conditions. In the case of the creation of individual software, the following shall apply: If the defect cannot be remedied by us within a reasonable period set by the customer or if subsequent performance is to be regarded as having failed because the material defect has not yet been remedied even after the second attempt at subsequent performance, the customer may choose to rescind the contract (rescission) or demand a reasonable reduction in remuneration (reduction). If the customer is a consumer within the meaning of Clause 6 Sentence 3 of these General Terms and Conditions, he may also have the defect remedied by a third party instead of withdrawing from the contract and reducing the purchase price and demand reimbursement of his expenses incurred for this.

7. Liability
The liability for loss of data is always limited to the typical restoration effort that would have occurred if backup copies had been made regularly and in accordance with the risks involved. In all other respects, the statutory provisions shall apply with regard to our liability for contracts with consumers within the meaning of Section 6 of these General Terms and Conditions and the following provisions shall apply for contracts with entrepreneurs within the meaning of Section 2 of these General Terms and Conditions:
In the event that we assume a guarantee of quality or durability, we shall be liable without limitation in respect of the amount of damage, type of damage and degree of fault in the event of a warranty claim. In the event of intent and gross negligence, we shall also be liable without limitation with regard to the amount and type of damage. For the fault of vicarious agents who are not our legal representatives or executive employees, we shall be liable up to five times the amount of the transfer fee. In the event of slight negligence, we shall only be liable if an obligation is breached the compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation) and up to five times the transfer fee. Liability according to the Product Liability Act (§ 14 ProdHG) remains unaffected.

8. Duty to examine and give notice of defects
If the customer is an entrepreneur within the meaning of section 2 of these General Terms and Conditions, the following shall apply: The customer must inspect the delivered goods (in the case of software including documentation) within 8 working days from the date of delivery for the operability of basic program functions and the completeness of the data carriers and manuals and report any defects that occur within a further 8 working days by registered letter. The notice of defects must contain a detailed description of the defects to the best of our ability. Within the framework of the proper examination, notice of defects which are recognisable must be given to us within 8 days of their discovery. If the customer violates this obligation to inspect and give notice of defects, the delivered goods shall be deemed to have been approved with regard to the defect in question.

9. Copyright for software
The user may reproduce the delivered program only to the extent that the respective reproduction is necessary for the use of the program. This includes the installation of the program on the hard disk of the hardware used as well as the loading of the program in the working memory. In addition, the user is permitted to make a single copy for backup purposes. The backup copy is to be marked as such of the provided program in such a way that it is recognizable from the outside. The user may not make any further copies, including the output of the program code to a printer or the copying of the manual. The resale of the software by dealers recognized by us is only permitted under the condition that compliance with these copyright conditions is ensured by corresponding contractual regulations with the user.

10. Place of jurisdiction and choice of law
The place of jurisdiction for both parties shall be Saarbrücken if the customer is a merchant, a legal entity under public law or a special fund under public law. The law of the Federal Republic of Germany shall apply exclusively to all legal relationships.

Status: 01.01.2019

1. General
These General Terms and Conditions shall apply to the delivery of hardware, standard software and individual software as well as to services provided by eSell GmbH and shall be recognized at the latest upon delivery upon acceptance of the delivered goods. They shall apply in particular in the event of deviating terms and conditions of purchase of the customer, even if we do not expressly object to them. All agreements deviating from the provisions of these GTC require our written confirmation in order to be effective.

2. Offer and prices
For persons who are entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. who conclude contracts with us within the scope of their commercial or freelance activity, the following applies: All our offers are subject to change without notice with regard to prices, delivery periods and availability. Unless otherwise agreed, the prices and other conditions valid on the day of delivery shall apply.

3. Due date and payment
In case of delivery of hardware and standard software, the payment is due with the delivery. In case of delivery of individual software, third party payment shall be made, i.e. 33% of the agreed remuneration shall be due upon order confirmation. A further 33% is due at the beginning of the programming process. The remaining amount is due upon delivery of the software. In the case of services, payment is due immediately after the service has been rendered. Offsetting or the assertion of rights of retention by the customer are only possible with undisputed or legally established claims. Discounts are not included in our calculation. Therefore, even a payment made before the due date does not entitle to deductions from the invoice amount.

4. Interest and damage caused by default
In the case of delivery of individual software, our remuneration shall bear interest at a rate of 5 % p.a. from the date of acceptance. From the time of default, our remuneration for all services for entrepreneurs within the meaning of Item 2 of our General Terms and Conditions shall bear interest at 8% p.a. above the respective base interest rate of the European Central Bank. In the event of default, we shall also charge a lump-sum reminder fee of EUR 2.50 plus postage and delivery costs for further reminders. We reserve the right to assert further claims for damages caused by default in any case.

5. Retention of title
The delivered goods shall remain the property of eSell GmbH until payment has been made in full. The resale of the reserved goods is only permitted to dealers recognised by us within the framework of proper business operations. In the event of resale, the customer hereby assigns to eSell GmbH, which accepts such assignment, his claim against the purchaser in the amount of the invoice value of the goods subject to retention of title. However, the customer remains entitled to collect this claim until revoked by us. The pledging or transfer by way of security of the delivered reserved goods is not permitted. Interventions by third parties in the reserved goods, in particular in the form of seizures or other execution measures, must be reported to us immediately. In the event of default in payment or other breaches of material contractual obligations, we shall be entitled to demand the return of the reserved goods and, after prior warning, to dispose of the goods at the customer’s expense.

6. Defects
We shall remedy defects in the hardware and standard software provided, including the manuals and other documents, within a period of 2 years from delivery. In the case of delivery of hardware and standard software, this shall be done either by remedying the defect or by replacement delivery. The customer shall have the right of choice in this respect if he is a consumer within the meaning of § 13 BGB, i.e. if he concludes the contract for a purpose which serves neither his commercial nor freelance profession. We shall have the right to choose if the customer is an entrepreneur within the meaning of Clause 2 of these General Terms and Conditions. In the case of the creation of individual software, the following shall apply: If the defect cannot be remedied by us within a reasonable period set by the customer or if subsequent performance is to be regarded as having failed because the material defect has not yet been remedied even after the second attempt at subsequent performance, the customer may choose to rescind the contract (rescission) or demand a reasonable reduction in remuneration (reduction). If the customer is a consumer within the meaning of Clause 6 Sentence 3 of these General Terms and Conditions, he may also have the defect remedied by a third party instead of withdrawing from the contract and reducing the purchase price and demand reimbursement of his expenses incurred for this.

7. Liability
The liability for loss of data is always limited to the typical restoration effort that would have occurred if backup copies had been made regularly and in accordance with the risks involved. In all other respects, the statutory provisions shall apply with regard to our liability for contracts with consumers within the meaning of Section 6 of these General Terms and Conditions and the following provisions shall apply for contracts with entrepreneurs within the meaning of Section 2 of these General Terms and Conditions:
In the event that we assume a guarantee of quality or durability, we shall be liable without limitation in respect of the amount of damage, type of damage and degree of fault in the event of a warranty claim. In the event of intent and gross negligence, we shall also be liable without limitation with regard to the amount and type of damage. For the fault of vicarious agents who are not our legal representatives or executive employees, we shall be liable up to five times the amount of the transfer fee. In the event of slight negligence, we shall only be liable if an obligation is breached the compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation) and up to five times the transfer fee. Liability according to the Product Liability Act (§ 14 ProdHG) remains unaffected.

8. Duty to examine and give notice of defects
If the customer is an entrepreneur within the meaning of section 2 of these General Terms and Conditions, the following shall apply: The customer must inspect the delivered goods (in the case of software including documentation) within 8 working days from the date of delivery for the operability of basic program functions and the completeness of the data carriers and manuals and report any defects that occur within a further 8 working days by registered letter. The notice of defects must contain a detailed description of the defects to the best of our ability. Within the framework of the proper examination, notice of defects which are recognisable must be given to us within 8 days of their discovery. If the customer violates this obligation to inspect and give notice of defects, the delivered goods shall be deemed to have been approved with regard to the defect in question.

9. Copyright for software
The user may reproduce the delivered program only to the extent that the respective reproduction is necessary for the use of the program. This includes the installation of the program on the hard disk of the hardware used as well as the loading of the program in the working memory. In addition, the user is permitted to make a single copy for backup purposes. The backup copy is to be marked as such of the provided program in such a way that it is recognizable from the outside. The user may not make any further copies, including the output of the program code to a printer or the copying of the manual. The resale of the software by dealers recognized by us is only permitted under the condition that compliance with these copyright conditions is ensured by corresponding contractual regulations with the user.

10. Place of jurisdiction and choice of law
The place of jurisdiction for both parties shall be Miesbach, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. The law of the Federal Republic of Germany applies exclusively to all legal relationships.

Status: 01.01.2019

1. General
These General Terms and Conditions shall apply to the delivery of hardware, standard software and individual software as well as to services provided by eSell GmbH and shall be recognized at the latest upon delivery upon acceptance of the delivered goods. They shall apply in particular in the event of deviating terms and conditions of purchase of the customer, even if we do not expressly object to them. All agreements deviating from the provisions of these GTC require our written confirmation in order to be effective.

2. Offer and prices
For persons who are entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. who conclude contracts with us within the scope of their commercial or freelance activity, the following applies: All our offers are subject to change without notice with regard to prices, delivery periods and availability. Unless otherwise agreed, the prices and other conditions valid on the day of delivery shall apply.

3. Due date and payment
In case of delivery of hardware and standard software, the payment is due with the delivery. In case of delivery of individual software, third party payment shall be made, i.e. 33% of the agreed remuneration shall be due upon order confirmation. A further 33% is due at the beginning of the programming process. The remaining amount is due upon delivery of the software. In the case of services, payment is due immediately after the service has been rendered. Offsetting or the assertion of rights of retention by the customer are only possible with undisputed or legally established claims. Discounts are not included in our calculation. Therefore, even a payment made before the due date does not entitle to deductions from the invoice amount.

4. Interest and damage caused by default
In the case of delivery of individual software, our remuneration shall bear interest at a rate of 5 % p.a. from the date of acceptance. From the time of default, our remuneration for all services for entrepreneurs within the meaning of Item 2 of our General Terms and Conditions shall bear interest at 8% p.a. above the respective base interest rate of the European Central Bank. In the event of default, we shall also charge a lump-sum reminder fee of EUR 2.50 plus postage and delivery costs for further reminders. We reserve the right to assert further claims for damages caused by default in any case.

5. Retention of title
The delivered goods shall remain the property of eSell GmbH until payment has been made in full. The resale of the reserved goods is only permitted to dealers recognised by us within the framework of proper business operations. In the event of resale, the customer hereby assigns to eSell GmbH, which accepts such assignment, his claim against the purchaser in the amount of the invoice value of the goods subject to retention of title. However, the customer remains entitled to collect this claim until revoked by us. The pledging or transfer by way of security of the delivered reserved goods is not permitted. Interventions by third parties in the reserved goods, in particular in the form of seizures or other execution measures, must be reported to us immediately. In the event of default in payment or other breaches of material contractual obligations, we shall be entitled to demand the return of the reserved goods and, after prior warning, to dispose of the goods at the customer’s expense.

6. Defects
We shall remedy defects in the hardware and standard software provided, including the manuals and other documents, within a period of 2 years from delivery. In the case of delivery of hardware and standard software, this shall be done either by remedying the defect or by replacement delivery. The customer shall have the right of choice in this respect if he is a consumer within the meaning of § 13 BGB, i.e. if he concludes the contract for a purpose which serves neither his commercial nor freelance profession. We shall have the right to choose if the customer is an entrepreneur within the meaning of Clause 2 of these General Terms and Conditions. In the case of the creation of individual software, the following shall apply: If the defect cannot be remedied by us within a reasonable period set by the customer or if subsequent performance is to be regarded as having failed because the material defect has not yet been remedied even after the second attempt at subsequent performance, the customer may choose to rescind the contract (rescission) or demand a reasonable reduction in remuneration (reduction). If the customer is a consumer within the meaning of Clause 6 Sentence 3 of these General Terms and Conditions, he may also have the defect remedied by a third party instead of withdrawing from the contract and reducing the purchase price and demand reimbursement of his expenses incurred for this.

7. Liability
The liability for loss of data is always limited to the typical restoration effort that would have occurred if backup copies had been made regularly and in accordance with the risks involved. In all other respects, the statutory provisions shall apply with regard to our liability for contracts with consumers within the meaning of Section 6 of these General Terms and Conditions and the following provisions shall apply for contracts with entrepreneurs within the meaning of Section 2 of these General Terms and Conditions:
In the event that we assume a guarantee of quality or durability, we shall be liable without limitation in respect of the amount of damage, type of damage and degree of fault in the event of a warranty claim. In the event of intent and gross negligence, we shall also be liable without limitation with regard to the amount and type of damage. For the fault of vicarious agents who are not our legal representatives or executive employees, we shall be liable up to five times the amount of the transfer fee. In the event of slight negligence, we shall only be liable if an obligation is breached the compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation) and up to five times the transfer fee. Liability according to the Product Liability Act (§ 14 ProdHG) remains unaffected.

8. Duty to examine and give notice of defects
If the customer is an entrepreneur within the meaning of section 2 of these General Terms and Conditions, the following shall apply: The customer must inspect the delivered goods (in the case of software including documentation) within 8 working days from the date of delivery for the operability of basic program functions and the completeness of the data carriers and manuals and report any defects that occur within a further 8 working days by registered letter. The notice of defects must contain a detailed description of the defects to the best of our ability. Within the framework of the proper examination, notice of defects which are recognisable must be given to us within 8 days of their discovery. If the customer violates this obligation to inspect and give notice of defects, the delivered goods shall be deemed to have been approved with regard to the defect in question.

9. Copyright for software
The user may reproduce the delivered program only to the extent that the respective reproduction is necessary for the use of the program. This includes the installation of the program on the hard disk of the hardware used as well as the loading of the program in the working memory. In addition, the user is permitted to make a single copy for backup purposes. The backup copy is to be marked as such of the provided program in such a way that it is recognizable from the outside. The user may not make any further copies, including the output of the program code to a printer or the copying of the manual. The resale of the software by dealers recognized by us is only permitted under the condition that compliance with these copyright conditions is ensured by corresponding contractual regulations with the user.

10. Place of jurisdiction and choice of law
The place of jurisdiction for both parties shall be Hamburg if the customer is a merchant, a legal entity under public law or a special fund under public law. The law of the Federal Republic of Germany shall apply exclusively to all legal relationships.