These are the general terms and conditions of the EDV & CAD Group. As of April 2020.
§1 Legal basis
The legal basis for all offers, services and deliveries of the edv & cad group are the corresponding laws and regulations of the Federal Republic of Germany as well as these General Terms and Conditions. Agreements deviating from these terms and conditions require the written confirmation of edv & cad group.
Offers from edv & cad group are subject to change and non-binding, unless otherwise agreed.
Individual offers are valid for 20 calendar days, unless otherwise specified. The binding nature of offers is also forfeited if the prices of the goods offered are changed by more than 3% by the upstream supplier during the period of validity of the offer. Unless otherwise stated, prices are quoted without the statutory sales tax or value added tax.
Orders can be placed by telephone or in writing. Unless otherwise agreed, telephone orders and orders will be executed for new customers against payment by cash on delivery or advance payment.
Written orders and orders will be executed on request and only with the consent of edv & cad group against invoice. In the case of deliveries whose value of goods exceeds 2500 EURO, edv & cad group may request proof of creditworthiness or a bank guarantee from the customer. Unless otherwise agreed, these general terms and conditions of edv & cad group shall be deemed to have been accepted upon placing the order.
§4 Conclusion of contract
A contract between the edv & cad group and the customer comes into force with the written order confirmation by edv & cad group or the fulfilment of edv & cad group order. Unless otherwise agreed, the written order confirmation from the edv & cad group is the basis of the contract.
In the case of courses and seminars, the written course registration is the basis of the contract.
Course registrations are binding. The course fee is to be paid in full even in case of non-participation,
unless a cancellation is made at least 10 days before the start of the course.
The edv & cad group offers the opportunity to make up for any absences within 6 months, provided that there are free places available and the course is not disrupted.
However, there is no legally binding entitlement to this.
§5 Delivery time
Delivery and service deadlines require the written confirmation of the edv & cad group for their validity.
edv & cad group group is not liable for delays in delivery and performance as a result of force majeure or circumstances or events that make it significantly more difficult or impossible for edv & cad group to fulfil its order. In such circumstances, edv & cad group reserves the right to withdraw from the contract in whole or in part or to extend the delivery and performance periods by a corresponding period of time.
§6 Shipping, delivery
The dispatch or delivery of the goods is at the expense of the customer. Unless otherwise agreed, the customer shall bear the delivery costs for the goods. The risk is transferred to the customer when the goods are posted for shipment.
§7 Terms of payment
If the delivery is made against invoice, the payment of the invoice price must be made without deduction within 5 calendar days of the invoice date, unless otherwise agreed.
§8 Default of payment
The buyer is in default of payment if the requested invoice amount has not been paid to edv & cad group within the agreed payment period from the date of the invoice. The default of payment comes into force even without a reminder. In the event of default of payment, the buyer owes edv & cad group group the invoice amount, default interest, administrative fees and costs incurred as a result of the judicial assertion of the claims of edv & cad group . This includes all attorneys’ fees and court fees as well as expenses. Administrative fees are due for each reminder. The edv & cad group reserves the right to claim further costs due to the damage caused by the delay.
In the case of instalment payments, the buyer is in default in the event of default of an instalment. In this case, edv & cad group is entitled to charge the entire invoice amount, including ancillary costs (see above).
§9 Retention of Title
Delivered goods and licence shall remain the property of the edv & cad group until full payment of the invoice amount as well as the costs of arrears, which consist of any reminder fees due, default interest and other costs claimed.
In the case of software, the buyer only receives the rights of use for the software upon payment of the invoice amount and, if applicable, the default costs. In general, ownership and copyright in the software remain with the manufacturer, unless otherwise provided for in the license terms.
The buyer must immediately notify edv & cad group of any access by third parties to the goods affected by the retention of title.
In the event of the resale of goods and licenses delivered by the edv & cad group to third parties (= purchasers), the purchaser must be notified of the retention of title of edv & cad group.edv & cad group
The edv & cad group reserves the right to reclaim goods and licences from the purchaser if the payment claims based on their delivery are not settled.
§10 Licensing Terms (License Conditions)
The buyer’s acknowledgement of the rights of use and license terms of the software manufacturer are part and parcel of the order. The buyer indemnifies edv & cad group from the software manufacturer against damages that arise as a result of the unlawful use of the software or are claimed by the software manufacturer.
§11 Complaints, Warranty
Software is non-returnable.
If a return is nevertheless accepted, the edv & cad group will charge an administration fee of 10% of the value of the goods, but at least EURO 20 plus statutory VAT. VAT.
Production-related material damage (e.g. defective or faulty media), which is reported by the buyer to the seller within 30 days of delivery, will be repaired free of charge against sending in the damaged product, insofar as the manufacturer is liable for the damages/defects complained of. There may be a shorter notification period for some products.
The edv & cad group is only liable for errors, functional defects and malfunctions of software products within the scope of the statutory warranty. The edv & cad group assumes no liability for consequential damages or financial losses incurred as a result of the use of the software.
In the case of products manufactured in-house, the lawful user must notify edv & cad group in writing of errors, functional defects and malfunctions. The edv & cad group strives to rectify errors and defects as quickly as possible. This is done free of charge.
For reported errors, functional defects and malfunctions that turn out to be a miscalculation or error on the part of the user, edv & cad group reserves the right to invoice the user for the amount of work caused as a result of the notification.
§12 User Support
Any legitimate user of products purchased from edv & cad group and paid for in full is entitled to assistance under the edv & cad group support contract.edv & cad group
Users without a support contract are not entitled to free support.
§13 Place of Performance, Place of Jurisdiction
The place of fulfilment and jurisdiction is the registered office of the edv & cad group.
In the event that some of the above terms and conditions are legally invalid, the validity of the other terms and conditions shall remain unaffected.
§15 Definition of website and web page
In the following, website refers to the content of an HTML file (ending in .htm or .html).
This includes not only the text displayed by Internet browsers, but also any other content of the file, in particular formatting features, references to style sheets (files end in .css) and scripts (files end in .js).
Website refers to the totality of all web pages and their structure.
§16 Liability for information published by edv & cad group
Information on products and services has been compiled to the best of our knowledge and belief. They are based on data provided by manufacturers or taken from product documentation. No guarantee can be given for the correctness and timeliness of this information. The maximum amount of liability on the part of the edv & cad group is limited to the value of the product or service paid for the order in question. Any further liability is excluded.
§17 Recognition of rights of other companies
The rights of companies to the brands and trademarks used by edv & cad group & cad group or referred to as edv & cad group are acknowledged.
§18 Copyright Notice
The websites of edv & cad group are subject to copyright. Publications, even excerpts, are only permitted with the written consent of edv & cad group .