§ 1 - General
For the business relationship between you as a customer and "NEURONprocessing Institut PartG mbH" (hereinafter referred to as "us"), the following General Terms and Conditions apply exclusively.
The terms and conditions can be accessed at any time on our homepage. You can download, save or print the text. The version of the terms and conditions is binding on our homepage. Only insofar as we have expressly confirmed deviating agreements in writing do they apply, but without effect for future business.
For the use of the basket it is necessary to cook cookies on your computer.
§ 2 - The order of goods, contract
The order is made by submitting the completely filled out order form (shopping cart) to us and is binding. We confirm your order immediately. Upon receipt of the confirmation, the contract between you and us is concluded. The contract text is stored by us and made available to you on request by e-mail. There is no minimum order value.
§ 2a - Not all discontinued items are available for purchase
Since our internet platform is created not only as an information collection, but also as a shop / shopping cart, each item available for sale has a price in euros. Only those goods or services with a price greater than 0,00 Euro are available for purchase.
§ 3 - delivery and shipping costs
See "Shipping & Returns"
§ 4 - Prices and Invoicing
All prices are gross final prices in Euro. We will generate an invoice with VAT.
§ 5 - Warranty
The goods delivered or delivered by us (especially products and services) are new, unless expressly indicated otherwise in the description. As a rule, this product is shrink-wrapped, but this need not always be the case since some suppliers also supply unwelded goods. Should the delivered goods be defective, we will provide compensation within 4 weeks from the delivery date. For this it is necessary that you send us the defective goods. If this product is no longer to be procured by us, you will receive the purchase amount refunded.
All goods travel at the risk of the buyer, transport damage must be reported immediately to the respective transport company.
§ 6 - revocation and return
We grant you a right of exchange of 14 days after delivery. Only perfect, unused goods can be exchanged. In the case of a return to us you are obliged to frank the shipment sufficiently. These shipping costs are not refunded by us.
§ 7 - Retention of title
The goods shall remain the property of the seller until the claims due to the seller based on the purchase contract have been settled. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur pursuant to § 14 BGB, in which the contract is part of the operation of his trade, the retention of title applies to the claims that the seller has from his current business relations with the buyer Has. Working and processing take place under exclusion of the acquisition of property according to § 950 BGB. The processed goods serve as security in the amount of the invoice value of the processed reserved goods. Upon resale of the goods, the buyer assigns any resulting claims to the seller. The assigned claim serves as collateral for the purchase price claim, on current account of the balance claim in the amount of the invoice value of the sold goods.
At the request of the buyer, the seller is obliged to waive the retention of title if the buyer has fulfilled all claims related to the object of purchase and the other claims from the current business relationship are adequately secured.
§ 8 - conclusion of a service contract
A contract is concluded when "NEURONprocessing PartG mbH" has confirmed the acceptance of the order in writing or begins with the actual execution of its services.
Offers from "NEURONprocessing PartG mbH" are always non-binding. "NEURONprocessing PartG mbH" may make the conclusion of the contract dependent on the submission of a written power of attorney, an advance payment or the guarantee of a German bank.
§ 9 - Termination
Unless otherwise stipulated in the contract between the parties, the contractual relationship may be properly terminated after the expiry of any agreed minimum term with a notice period of three months to the end of a calendar month. The right to extraordinary termination for good cause remains unaffected.
Terminations require the written form to be effective.
§ 10 - scope of services
"NEURONprocessing PartG mbH" enables the customer access to the existing communication infrastructure and the use of value-added services. The details and scope of the service are concluded in the contract.
Insofar as "NEURONprocessing PartG mbH" provides additional services and services outside the contractual agreement free of charge, these can be discontinued at any time. A reduction or claim for damages of the customer or a right of termination does not result.
"NEURONprocessing PartG mbH" is entitled to change, reduce or supplement the offer of services resulting from the contract in form and content as well as to suspend access to individual services, if and to the extent that the fulfillment of the contract concluded with the customer does not or not is significantly affected.
§ 11 - duties and obligations of the customer
The customer is obliged to use the "NEURONprocessing PartG mbH" services properly. In particular, he is required to
Inform NEURONprocessing PartG mbH without delay of changes in the contractual basis;
Inform NEURONprocessing PartG mbH without delay of changes in the requirements of the tariff classification;
Not to abuse the access to the "NEURONprocessing PartG mbH" services and to refrain from any legal and / or illegal actions. This includes especially the attempt to refrain,
- to use the access of other participants of the "NEURONprocessing PartG mbH" services without authorization,
- not to use in the contract between "NEURONprocessing PartG mbH" and services agreed to the customer without authorization,
- decrypt passwords of other participants of the "NEURONprocessing PartG mbH" services or of the system operator,
- to read e-mails of other participants of the "NEURONprocessing PartG mbH" - services without authorization,
- change the files of other participants of the "NEURONprocessing PartG mbH" services,
- to distribute unauthorized use of licensed application software for individual applications via the "NEURONprocessing PartG mbH" services,
- interrupt or block communications services, such as overloading, as far as the customer is responsible,
- to distribute or make available any criminal content of any kind via the services of "NEURONprocessing PartG mbH".
- This applies in particular to pornographic, glorifying violence content or those directed against the liberal democratic constitution or the idea of international understanding, as well as for propaganda and marks of unconstitutional parties and associations or their replacement organizations,
- procure for themselves or third parties the possession of pornographic content related to the sexual abuse of children.
To ensure compliance with regulatory and regulatory requirements, as far as they should be present or future relevant:
1. to take into account and comply with the applicable data protection rules and recognized data security principles;
2. "NEURONprocessing PartG mbH" immediately notify any defects or damage that may be identified (fault reports) and take all measures to enable the defects or their causes and causes to be identified or to facilitate and speed up the elimination of the fault;
3. after submitting a fault report "NEURONprocessing PartG mbH" to replace the expenses incurred by the review of its facilities, if and in so far as it turns out after the check that there was a fault in the area of responsibility of the customer;
4. "NEURONprocessing PartG mbH" incurred material and personnel expenses and expenses incurred in the event of a contractual infringement.
If the customer violates the obligations specified in paragraphs 1 lit. b) and c), "NEURONprocessing PartG mbH" is entitled immediately and in the other cases with the exception of ref. G) and h) after unsuccessful warning to cancel the contractual relationship without complying with one Termination deadline.
Details of the interaction of users with each other can be agreed by way of a user order. Violations of essential provisions of these User Regulations entitle "NEURONprocessing PartG mbH" after unsuccessful warning to terminate the contract without notice.
In the cases of paragraph 1 Ref. C) "NEURONprocessing PartG mbH" is authorized, in addition to the right to immediate termination, to block access to the services resulting from the scope of services with immediate effect upon notification of a breach by the customer in the manner specified therein ,
§ 12 - Use by third parties
A direct or indirect use of the "NEURONprocessing PartG mbH" services by third parties is only permitted after the express written consent of "NEURONprocessing PartG mbH". "NEURONprocessing PartG mbH" may make the approval dependent on the payment of an additional fee.
If the use is permitted by third parties, the customer must duly instruct them in the use of the services. The customer agrees to "NEURONprocessing PartG mbH" for the compliance of the contractual provisions by the third party in the same way as he himself would have to be responsible for their compliance.
If the use by third parties is not permitted, there will be no reduction or claim for damages or termination right of the customer.
The customer also has to pay the fees that have arisen within the scope of the access and use possibilities made available to him by authorized use of the "NEURONprocessing PartG mbH" services by third parties. The same applies in the case of unauthorized use of the services by third parties, unless the customer proves that the unauthorized use by circumventing or canceling the safety devices "NEURONprocessing PartG mbH" has been done without he has to represent them.
§ 13 - terms of payment
Unless otherwise agreed in the contract, "NEURONprocessing PartG mbH" invoices the customer for the agreed services at the respectively valid tariffs and / or fees and conditions plus the respectively valid value added tax. The invoicing of fixed fees is made monthly or annually in advance. The respective fees shall be due for immediate payment upon invoicing without deductions.
If the fee is to be paid for parts of a calendar month regardless of consumption, these are calculated for each day with 1 / 30 of the monthly fee.
Line and communication costs (telephone charges) between the customer and the connection point "NEURONprocessing PartG mbH" are to be borne by the customer. Insofar as a separate connection on the "NEURONprocessing PartG mbH" page incurs costs (eg terminal adapter, exclusive modem provision, etc.), these will be billed separately to the customer.
§ 14 - Right of set-off and retention, default
The customer can only set off against claims "NEURONprocessing PartG mbH" with undisputed or legally binding claims. The customer is entitled to assert a right of retention only because of such counterclaims, which result from the same contractual relationship as those claims against which the right of retention is countered.
Claims for damages due to delivery and service disruptions are excluded, as far as they are not to be represented by "NEURONprocessing PartG mbH" due to intent or gross negligence.
If a malfunction of the services "NEURONprocessing PartG mbH", which is substantial, lasts longer than one week and an actual breakdown period of more than 3 working days is reached, the customer is entitled to the monthly fees from the time of entry until the elimination of the hindrance to reduce accordingly. A significant disability exists when
- for reasons for which the customer is not responsible, the customer can no longer access the "NEURONprocessing PartG mbH" infrastructure and thereby can no longer use the services listed in the contract, and
- the use of these services as a whole is considerably more difficult or the use of individual services listed in the contract becomes impossible or comparable restrictions exist.
If services fail due to a fault outside the area of responsibility "NEURONprocessing PartG mbH", the reduction is excluded. The same applies to the loss of services due to necessary business interruptions according to § 10 of the GTC.
§ 15 - late payment
In case of late payment, "NEURONprocessing PartG mbH" is entitled to demand default interest in the amount of 4% pa above the respective discount rate of the Deutsche Bundesbank pa. If "NEURONprocessing PartG mbH" is able to prove a higher damage caused by default, it is entitled to assert it. The customer is entitled to prove to "NEURONprocessing PartG mbH" that as a consequence of the delay in payment no or a considerably lesser damage has arisen.
"NEURONprocessing PartG mbH" may extraordinarily terminate the contractual relationship without notice or assert a right of retention to the services incumbent upon it, if the customer is in arrears in whole or in part for more than two months in payment of the owed remuneration, "NEURONprocessing PartG mbH "Reminded the customer with a deadline and pointed out the possible consequences of the termination and the right of retention.
The fulfillment of legal regulations and official requirements of further claims remains reserved to "NEURONprocessing PartG mbH".
§ 16 - Availability of Services
"NEURONprocessing PartG mbH" offers its services 24 hours on 7 days per week. Necessary business interruptions for preventive maintenance will be announced as soon as possible. "NEURONprocessing PartG mbH" will eliminate faults in its technical facilities within the scope of existing technical and operational possibilities as quickly as possible.
§ 17 - Liability and limitation of liability
Claims for damages arising out of the contract, culpa in contrahendo, positive breach of contract and unlawful acts are excluded both from the "NEURONprocessing PartG mbH" as well as in relation to their vicarious agents, unless there is intent or gross negligence or promised properties missing.
"NEURONprocessing PartG mbH" is not liable for the information provided by third parties about their services, their completeness, accuracy or timeliness, or that they are free from third party rights or the broadcaster lawfully acting, unless there is intent or gross negligence of "NEURONprocessing PartG mbH ".
Unless other provisions of these terms and conditions exclude liability, this is to customers who are full merchants, in case of damage
- through the use of "NEURONprocessing PartG mbH" services,
- by the transmission and storage of data by "NEURONprocessing PartG mbH",
- through the use of transmitted programs and data by "NEURONprocessing PartG mbH",
- by the omission of examinations regarding stored or transmitted data pages of the company "NEURONprocessing PartG mbH" or
- have arisen because the required storage or transmission of data by "NEURONprocessing PartG mbH" has not occurred,
the amount is limited to the proven predictable damage.
The customer is liable for all consequences and disadvantages that arise from "NEURONprocessing PartG mbH" or third parties due to the improper or unlawful use of the "NEURONprocessing PartG mbH" services or because the customer does not fulfill his other obligations.
"NEURONprocessing PartG mbH" is not liable for damages resulting from the fact that, as a result of war or armed conflict, force majeure or as a result of labor disputes, the "NEURONprocessing PartG mbH" services are omitted.
Insofar as we collect and store personal data about you for the purpose of processing and carrying out orders, these are treated in the strictest confidence. We do not share this information with third parties. This does not apply to the partner companies involved in the execution of the contract. You are aware and you agree that the personal data required exclusively for the order and order processing will be stored on data carriers. You consent to the collection, processing and use of your personal data in the context of the business activities of "NEURONprocessing PartG mbH". You can revoke this consent at any time with immediate effect for the future. In this case, we undertake to immediately delete your personal data, unless an order process has not yet been completed.
§ 19 - final clause
If individual provisions of these General Terms and Conditions are ineffective, this shall not affect the validity of the other provisions and the contract and these General Terms and Conditions shall remain valid for both parties. In place of an ineffective provision is valid law.
§ 20 - Jurisdiction
The law of the Federal Republic of Germany applies to the exclusion of the UN sales law, even if ordered from abroad or delivered abroad. Exclusive jurisdiction is Hamburg. For non-merchants, this agreement only applies in the absence of a domestic jurisdiction.
If you are resident or ordinarily resident abroad, Hamburg is also the place of jurisdiction for all claims in connection with your order.