This website is operated by:Future Bits OpenTech
Lüttringhauser Str. 39 51103 Köln Germany
Trade registry number: HRB 74047, Amtsgericht Köln
VAT ID: DE280692367
Executive: Kliment Yanev
General Terms & Conditions of Future Bits OpenTech UG (haftungsbeschränkt) (referred to hereinafter as 0xfb.com) for Germany, Updated September 2012
§ 1 General
0xfb.com offers goods and services to customers on the basis of the following General Terms & Conditions in the version in force at the time of ordering. Other agreements are not valid unless agreed in writing between 0xfb.com and the customer.
§2 Conclusion of the Contract
The Internet offerings of 0xfb.com represent a non-binding invitation for customers to order goods from 0xfb.com. By ordering goods from the website (0xfb.com) or via email (futurebits0xfb.com), the customer makes a binding offer to conclude a purchase agreement. The offer becomes binding no later than the time it crosses the relevant interface to 0xfb.com. 0xfb.com is entitled to accept this offer within 7 calendar days by sending a written confirmation. The order confirmation may be transmitted by email or any other written format. If 0xfb.com does not confirm the offer within the aforementioned period, the offer is considered declined.
§ 3 Agreement on quality
The quality of the purchased item forming the basis of the contract ensues – where available – exclusively from the manufacturer’s specifications in the operational manuals concerned. Departures from these operational manuals must be agreed in writing.
§ 4 Prices
All stated prices, including for packaging and shipping, include VAT at the applicable rate. All earlier prices and other product data become invalid every time the web pages at 0xfb.com are updated. The version in force at the time of ordering is the one that applies.
§ 5 Right of cancellation
a) If the customer is a registered trader or business, they have no right of cancellation or return as defined by § 312d BGB (German Civil Code). b) All other customers within the European Union have the right to cancel their declaration of intent to place an order within 14 days of receiving the goods. No reason must be stated. In the event of a cancellation, the customer is obliged to return any goods already received to Future Bits OpenTech UG via the address stated above. The goods are to be returned at the expense and risk of the purchaser, unless the delivered goods do not correspond to those ordered. c) The customer must pay compensation for loss, consumption, assignment, contamination, processing, conversion or deterioration of the goods. This also applies for deterioration caused as a result of the goods being used for their intended purpose. If the customer has used the goods prior to the right of cancellation being exercised, 0xfb.com shall be entitled to demand compensation from the customer. This right of compensation does not apply if the customer simply examines the goods and makes no other use thereof. d) The right to cancellation as defined in § 5b) will not apply in the following cases: (1) on delivery of goods made to the customer’s specification or clearly tailored to the customer’s personal requirements or, (2) Goods unsuitable for return due to their composition.
§ 6 Delivery
Delivery is performed by shipments ex-stock to the address given by the customer. The delivery period is non-binding. Each consignment is subject to 0xfb.com itself being supplied promptly and correctly. The customer is not eligible for compensation for delayed or failed delivery, insofar as there is no malicious intent or gross negligence on the part of 0xfb.com. Delivery is subject to a packing and shipment fee, the exact amount of which is shown separately in the order summary.
§ 7 Payment
0xfb.com offers new customers the options of credit card payment or prepayed bank transfer. If delivery against an invoice is separately agreed with the customer, the invoice is due for immediate payment. All payments must be made in full, net, without discounts and without other deductions.
§ 8 Retention of ownership
Until full payment is received, the ordered goods remain the property of 0xfb.com. Prior to the transfer of ownership, no pledging, transfer by way of security, processing or conversion is permitted without the express written consent of 0xfb.com.
§ 9 Transport damage
If goods are delivered with visible damage to the packaging or to the content, the customer must lodge a complaint with the transport/freight service immediately and refuse the shipment. Immediate contact must also be made with 0xfb.com via the email or postal addresses shown on the 0xfb.com website. Defects discovered after the package has been received must be reported to 0xfb.com immediately on discovery.
§ 10 Warranty
Any claims of the purchaser against the vendor for defects are based on the legal provisions within the legal periods, insofar as not superceded by later legislation or written agreements. Damage caused by improper or non-contractual procedures on the part of the purchaser during installation, connection, operation or storage, does not justify a claim against the vendor. Improper and non-contractual procedures are determined in particular by the manufacturer’s specifications. For used goods, claims by the customer for defects are only valid if brought within one year after the goods are received. If the customer is a registered trader or business and if the services or goods are meant for its business operations, claims by the customer for defects are only valid if brought within one year after the goods are received.
§ 11 Liability
The vendor is liable only in cases of malicious intent and gross negligence.
§ 12 Data privacy
Data are processed in accordance with the provisions of the applicable Federal Data Protection Act.
§ 13 Miscellaneous
Should one or several provisions of these Terms & Conditions become invalid, the remaining provisions of the contract shall remain valid. The ineffective provision shall be replaced by an appropriate legal provision. Cologne, Germany is the exclusive place of jurisdiction in the following conditions: (1) when the customer is a registered trader or business, (2) when a customer has no general place of jurisdiction within Germany, (3) when a customer moves their place of residence outside Germany after the contract is concluded or (4) when a customer’s usual place of residence is unknown at the time of the action being brought. UN purchase law does not apply to this contract. The laws and regulations of Germany are applicable.