Sales Policies for the World except for Germany/Austria/Liechtenstein and USA/Canada/Mexico · AGB für die Welt mit Ausnahme von Deutschland/Österreich/Liechtenstein und USA/Kanada/Mexiko
A. General Provisions
§ 1 Scope of application
Business relations entered into between equinux and the Customer via the equinux online store shall be subject exclusively to the following General Terms of Conditions of Trade of equinux. The Customer's general terms and conditions of trade shall not apply, save with the express written consent of equinux.
§ 2 Formation of contract
The Customer's order shall constitute a binding offer to equinux to conclude a sales agreement. The Customer shall be bound by such offer for five (5) working days. Upon receipt of the Customer's order by equinux, the latter shall forward an e-mail to the Customer confirming receipt of the order and specifying order details (Confirmation of Receipt). Despatch of the Confirmation of Receipt shall not give rise to a sales agreement. Acceptance of the contractual offer by equinux shall be confirmed by way of separate e-mail for the products expressly specified therein (Order Confirmation).
§ 3 Performance date
equinux shall not be obliged to render performance until the purchase price has been paid in full by the Customer.
§ 4 Set-off, retention
The Customer shall not be entitled to offset any counterclaims unless such amounts are established as legally valid or are acknowledged by equinux. The Customer shall not be authorised to exercise a right of retention unless a counterclaim is based on the same contractual relations.
§ 5 Applicable law
These Terms and Conditions of Trade shall be governed by German law with the exclusion of UN sales law.
§ 6 Privacy
Our Privacy Policy is in accord to German Privacy Law ("Bundesdatenschutzgesetz BDSG" and "Telemediengesetz TMG").
Customer agrees to collection, treatment and use of its personal data for compliance of business purpose of equinux.
Customers e-mail-address is used for written information concerning orders and - if customer doesn't revoke - for customer maintenance, as well as for our newsletter. equinux won't pass personal customer data to third parties.
Customer has a right of adjustment, blocking and deletion of its personal data. Provided that legal or contractual custody obligations or other legal reasons are opposed, data is blocked.
For further details please check our Privacy Policy.
§ 7 Order processing
Payment and Order Information
All payments will be charged in Euros.
All orders from everywhere in the world except for USA/Canada/Mexico will be processed by equinux AG.
Value Added Tax (VAT)
We are obliged to charge the German value added tax (actual 19%) as forseen by tax regulation. Companies can purchase VAT exempt entering a valid EU VAT number.
Import Duties
Depending on your location you may be required to pay additional import duties. Please consult your local authority for more information.
§ 8 License terms
Your use of equinux-branded software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license (EULA=End User License Agreement) at the time that you install the software. Please be aware, that your purchase is subject to the particular license that accompanies the software (EULA) and you must agree to the terms and conditions of that license when you install the software. Be certain to read the applicable license carefully before you install the software.
B. Special Provisions for Consumers
§ 9 Right of Revocation for Long-Distance Sales Agreements
Insofar as the customer engaging in this legal transaction is acting majorly in a function, where the customer is acting for a purpose which is attributable neither to his commercial nor his independent professional duties and the customer is thus a consumer, he shall be entitled to a right of revocation in accordance with §§ 312g Abs. 1, 355 BGB [German Civil Code].
If software which has been purchased via the equinux online store and supplied to the customer by way of download or the sending of a hard box with a data carrier is activated by the customer using the customer’s equinux ID or the activation code which has been issued to the customer by equinux, the right of revocation shall lapse in accordance with § 312g BGB (§ 312g Abs. 2 Nr. 6 BGB).
The right of revocation also lapses in the case of a service contract, when equinux has completed the services and equinux commenced the services, only after the customer has explicitly declared his acceptance and his acknowledgement that he will lose his right of revocation with complete contractual fulfillment by equinux (§ 356 Abs. 4 BGB).
The right of revocation also lapses in case of a contract of delivery of digital goods, not shipped on a physical medium when equinux has commenced the contractual fulfillments after the customer has explicitly declared his acceptance and his acknowledgement that he will lose his right of revocation with complete contractual fulfillment by equinux (§ 356 Abs. 5 BGB).
The customer shall bear the direct costs of the return of the goods, in the event that the right of revocation is exercised.
Right of Revocation (Long-Distance Sales Agreement for the Supplying of Goods)
You may revoke your contractual declaration within 14 days without being required to state reasons for so doing in text form.
The period amounts to fourteen days, starting on the day on which you or a third party known to you, excluding transportation companies, has taken property of the goods.
In order to execute your right of revocation, you must notify us (equinux AG, Kirschstr. 35, 80999 München, Germany, Tel. 89-520465-0 email: sales@equinux.com) with a clear statement of your intent to revoke (for example via a letter sent by post, Telefax or email). You may use the attached sample-revocation form, however this is not mandatory.
To ensure your right of revocation, you must notify us that you are executing your right of revocation before the end of the cooling-off period.
Consequences of the Revocation
In the event that a valid revocation is made, we will return all payments made by you, including shipping costs (with the exception of additional costs which were incurred by choosing a transportation mode other than the cheapest offered transportation), immediately and at the latest within fourteen days from the day of receipt of notice of your revocation. For this refund, we will use the same payment method, which you used for your original transaction, unless a superseding agreement with you is explicitly made. In no case will we charge you any handling fees for this refund. We can refuse the refund, until we the goods have been returned to us, or you have proven to us that you have returned the goods, depending upon which occurs earlier.
You have to return the goods immediately and in any case no later than fourteen days after we have received your notice of revocation. This term is met, if you ship the goods within a term of fourteen days. You are responsible for the immediate costs for the return of the goods.
You must only compensate us for deterioration of the goods, if the deterioration is attributable to the goods being handled in a way that exceeds that of an examination that is required to determine the quality, features and functionality of the goods.
– End of the Right of Revocation –
Right of Revocation (Long-Distance Sales Agreements for the Rendering of Services, or the delivery of digital content, which is not delivered on a physical media)
Right of Revocation
You may revoke your contractual declaration within 14 days without being required to state reasons for so doing in text form.
The period amounts to fourteen days, starting on the day on which you or a third party known to you, excluding transportation companies, has taken property of the goods.
In order to execute your right of revocation, you must notify us (equinux AG, Kirschstr. 35, 80999 München, Germany, Tel. 89-520465-0 email: sales@equinux.com) with a clear statement of your intent to revoke (for example via a letter sent by post, Telefax or email). You may use the attached sample-revocation form, however this is not mandatory.
To ensure your right of revocation, you must send us your notice of your execution of your right of revocation before the end of the cooling-off period.
Consequences of the Revocation
In the event that a valid revocation is made, we will return all payments made by you, including shipping costs (with the exception of additional costs which were incurred by choosing a transportation mode other than the cheapest offered transportation), immediately and at the latest within fourteen days from the day of receipt of your notice of your revocation. For this refund, we will use the same payment method used for the original transaction, unless a superseding agreement with you is explicitly made. In no case will we charge you any handling fees for this refund. We can refuse the refund, until we have received the return of the goods, or you have proven to us that you have returned the goods, depending upon which occurs earlier.
In case that you have requested that the services start during the revocation period, you are required to compensate with an amount equivalent to the portion of service provided up to the point at which the revocation was received in relation to the total sum of services agreed to in the contract.
– End of the Right of Revocation –
Example form for your notice of revocation
„(If you wish to revoke your contract, please fill out this form and return it to us.)
(*) Please delete where inapplicable.”
Example form for your notice of revocation (PDF)
The Customer was also informed of the details of the right of revocation by right of revocation instructions which were separately submitted to him/her (before the conclusion of the contractual agreement).
Legal warranty rights apply to all goods in the equinux Online-Store.
C. Special Provisions for Business Persons (including resellers)
The following provisions shall apply solely to Customers engaged in a commercial activity or a professional activity conducted on a self-employed basis at the time of concluding a contract (business person).
§ 10 Guarantee
Pursuant to sales law, the guarantee period shall amount to twelve (12) months from delivery of the goods to the Customer. If software purchased by the Customer is transmitted to the latter for downloading, the guarantee period shall commence upon activating the licensed software for the first time by entering the licence key created via the activation code.
§ 11 Liability
Liability on the part of equinux for breaches of contractual obligations which are not primary obligations shall be excluded, insofar as such breaches result from slight negligence. Liability on the part of equinux for breaches of primary obligations based on slight negligence shall be limited to typical damage which is foreseeable at the time of concluding the contract.
§ 12 Delivery conditions
Delivery shall be subject to due and timely receipt of its own supplies by equinux, including preliminary products required for equinux products.
§ 13 Place of jurisdiction
Insofar as the Customer is a businessman, Munich First Regional Court shall have sole jurisdiction in the event of any disputes arising out of or in connection with business relations between the Customer and equinux. equinux shall however be entitled to take legal action against the Customer at the place of the latter's registered office.
- End of the general terms and conditions of contract -
Revised: 13 June 2014
§ 1 Scope of application
Business relations entered into between equinux and the Customer via the equinux online store shall be subject exclusively to the following General Terms of Conditions of Trade of equinux. The Customer's general terms and conditions of trade shall not apply, save with the express written consent of equinux.
§ 2 Formation of contract
The Customer's order shall constitute a binding offer to equinux to conclude a sales agreement. The Customer shall be bound by such offer for five (5) working days. Upon receipt of the Customer's order by equinux, the latter shall forward an e-mail to the Customer confirming receipt of the order and specifying order details (Confirmation of Receipt). Despatch of the Confirmation of Receipt shall not give rise to a sales agreement. Acceptance of the contractual offer by equinux shall be confirmed by way of separate e-mail for the products expressly specified therein (Order Confirmation).
§ 3 Performance date
equinux shall not be obliged to render performance until the purchase price has been paid in full by the Customer.
§ 4 Set-off, retention
The Customer shall not be entitled to offset any counterclaims unless such amounts are established as legally valid or are acknowledged by equinux. The Customer shall not be authorised to exercise a right of retention unless a counterclaim is based on the same contractual relations.
§ 5 Applicable law
These Terms and Conditions of Trade shall be governed by German law with the exclusion of UN sales law.
§ 6 Privacy
Our Privacy Policy is in accord to German Privacy Law ("Bundesdatenschutzgesetz BDSG" and "Telemediengesetz TMG").
Customer agrees to collection, treatment and use of its personal data for compliance of business purpose of equinux.
Customers e-mail-address is used for written information concerning orders and - if customer doesn't revoke - for customer maintenance, as well as for our newsletter. equinux won't pass personal customer data to third parties.
Customer has a right of adjustment, blocking and deletion of its personal data. Provided that legal or contractual custody obligations or other legal reasons are opposed, data is blocked.
For further details please check our Privacy Policy.
§ 7 Order processing
Payment and Order Information
All payments will be charged in Euros.
All orders from everywhere in the world except for USA/Canada/Mexico will be processed by equinux AG.
Value Added Tax (VAT)
We are obliged to charge the German value added tax (actual 19%) as forseen by tax regulation. Companies can purchase VAT exempt entering a valid EU VAT number.
Import Duties
Depending on your location you may be required to pay additional import duties. Please consult your local authority for more information.
§ 8 License terms
Your use of equinux-branded software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license (EULA=End User License Agreement) at the time that you install the software. Please be aware, that your purchase is subject to the particular license that accompanies the software (EULA) and you must agree to the terms and conditions of that license when you install the software. Be certain to read the applicable license carefully before you install the software.
B. Special Provisions for Consumers
§ 9 Right of Revocation for Long-Distance Sales Agreements
Insofar as the customer engaging in this legal transaction is acting majorly in a function, where the customer is acting for a purpose which is attributable neither to his commercial nor his independent professional duties and the customer is thus a consumer, he shall be entitled to a right of revocation in accordance with §§ 312g Abs. 1, 355 BGB [German Civil Code].
If software which has been purchased via the equinux online store and supplied to the customer by way of download or the sending of a hard box with a data carrier is activated by the customer using the customer’s equinux ID or the activation code which has been issued to the customer by equinux, the right of revocation shall lapse in accordance with § 312g BGB (§ 312g Abs. 2 Nr. 6 BGB).
The right of revocation also lapses in the case of a service contract, when equinux has completed the services and equinux commenced the services, only after the customer has explicitly declared his acceptance and his acknowledgement that he will lose his right of revocation with complete contractual fulfillment by equinux (§ 356 Abs. 4 BGB).
The right of revocation also lapses in case of a contract of delivery of digital goods, not shipped on a physical medium when equinux has commenced the contractual fulfillments after the customer has explicitly declared his acceptance and his acknowledgement that he will lose his right of revocation with complete contractual fulfillment by equinux (§ 356 Abs. 5 BGB).
The customer shall bear the direct costs of the return of the goods, in the event that the right of revocation is exercised.
Right of Revocation (Long-Distance Sales Agreement for the Supplying of Goods)
You may revoke your contractual declaration within 14 days without being required to state reasons for so doing in text form.
The period amounts to fourteen days, starting on the day on which you or a third party known to you, excluding transportation companies, has taken property of the goods.
In order to execute your right of revocation, you must notify us (equinux AG, Kirschstr. 35, 80999 München, Germany, Tel. 89-520465-0 email: sales@equinux.com) with a clear statement of your intent to revoke (for example via a letter sent by post, Telefax or email). You may use the attached sample-revocation form, however this is not mandatory.
To ensure your right of revocation, you must notify us that you are executing your right of revocation before the end of the cooling-off period.
Consequences of the Revocation
In the event that a valid revocation is made, we will return all payments made by you, including shipping costs (with the exception of additional costs which were incurred by choosing a transportation mode other than the cheapest offered transportation), immediately and at the latest within fourteen days from the day of receipt of notice of your revocation. For this refund, we will use the same payment method, which you used for your original transaction, unless a superseding agreement with you is explicitly made. In no case will we charge you any handling fees for this refund. We can refuse the refund, until we the goods have been returned to us, or you have proven to us that you have returned the goods, depending upon which occurs earlier.
You have to return the goods immediately and in any case no later than fourteen days after we have received your notice of revocation. This term is met, if you ship the goods within a term of fourteen days. You are responsible for the immediate costs for the return of the goods.
You must only compensate us for deterioration of the goods, if the deterioration is attributable to the goods being handled in a way that exceeds that of an examination that is required to determine the quality, features and functionality of the goods.
– End of the Right of Revocation –
Right of Revocation (Long-Distance Sales Agreements for the Rendering of Services, or the delivery of digital content, which is not delivered on a physical media)
Right of Revocation
You may revoke your contractual declaration within 14 days without being required to state reasons for so doing in text form.
The period amounts to fourteen days, starting on the day on which you or a third party known to you, excluding transportation companies, has taken property of the goods.
In order to execute your right of revocation, you must notify us (equinux AG, Kirschstr. 35, 80999 München, Germany, Tel. 89-520465-0 email: sales@equinux.com) with a clear statement of your intent to revoke (for example via a letter sent by post, Telefax or email). You may use the attached sample-revocation form, however this is not mandatory.
To ensure your right of revocation, you must send us your notice of your execution of your right of revocation before the end of the cooling-off period.
Consequences of the Revocation
In the event that a valid revocation is made, we will return all payments made by you, including shipping costs (with the exception of additional costs which were incurred by choosing a transportation mode other than the cheapest offered transportation), immediately and at the latest within fourteen days from the day of receipt of your notice of your revocation. For this refund, we will use the same payment method used for the original transaction, unless a superseding agreement with you is explicitly made. In no case will we charge you any handling fees for this refund. We can refuse the refund, until we have received the return of the goods, or you have proven to us that you have returned the goods, depending upon which occurs earlier.
In case that you have requested that the services start during the revocation period, you are required to compensate with an amount equivalent to the portion of service provided up to the point at which the revocation was received in relation to the total sum of services agreed to in the contract.
– End of the Right of Revocation –
Example form for your notice of revocation
„(If you wish to revoke your contract, please fill out this form and return it to us.)
- To: equinux AG, Kirschstr. 35, 80999 Munich, Germany, email: sales@equinux.com
- Hereby I/we (*) revocate the contract over the purchase of the following Goods/Services (*)
- Ordered on (*)/received on (*)
- Name of recipient
- Address of recipient
- Signature of recipient (only required for paper notices)
- Date
(*) Please delete where inapplicable.”
Example form for your notice of revocation (PDF)
The Customer was also informed of the details of the right of revocation by right of revocation instructions which were separately submitted to him/her (before the conclusion of the contractual agreement).
Legal warranty rights apply to all goods in the equinux Online-Store.
C. Special Provisions for Business Persons (including resellers)
The following provisions shall apply solely to Customers engaged in a commercial activity or a professional activity conducted on a self-employed basis at the time of concluding a contract (business person).
§ 10 Guarantee
Pursuant to sales law, the guarantee period shall amount to twelve (12) months from delivery of the goods to the Customer. If software purchased by the Customer is transmitted to the latter for downloading, the guarantee period shall commence upon activating the licensed software for the first time by entering the licence key created via the activation code.
§ 11 Liability
Liability on the part of equinux for breaches of contractual obligations which are not primary obligations shall be excluded, insofar as such breaches result from slight negligence. Liability on the part of equinux for breaches of primary obligations based on slight negligence shall be limited to typical damage which is foreseeable at the time of concluding the contract.
§ 12 Delivery conditions
Delivery shall be subject to due and timely receipt of its own supplies by equinux, including preliminary products required for equinux products.
§ 13 Place of jurisdiction
Insofar as the Customer is a businessman, Munich First Regional Court shall have sole jurisdiction in the event of any disputes arising out of or in connection with business relations between the Customer and equinux. equinux shall however be entitled to take legal action against the Customer at the place of the latter's registered office.
- End of the general terms and conditions of contract -
Revised: 13 June 2014
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