Terms of service
All supplies, services and offers to customers in accordance with § 13 BGB take place on the basis the version of trading conditions at the time of the order. With placement of an order, the customer agrees to that contractual basis. Deviations from the general trading conditions on the part of the customer are rejected. Changes only become effective if the provider confirms them in writing.
§ 1 Contracting party, Scope
a) Contracting parties in the context of the following general trading conditions are HyperMegaNet GmbH (in the following "PearC"), Winsbergring 42, 22525 Hamburg, Germany and the customer. Further information about communication data and the legal agency of HyperMegaNet GmbH can be found in the information provider identification (imprint).
b) All supplies and services carried out for PearC customers are solely carried out on basis of the general trading conditions written at the time the order was placed. c) Deviations from regulations will be objected to. Regulations other than those contained herein only become effective with express approval of the management (an entitled representative) of PearC (managing director, attorney or authorised signatory) and the respective customer.
§ 2 Contract conclusion
a) The offers of PearC on its internet site represent a non-committal offer to the customers to order items at PearC.
b) A binding sales contract is established only at the time that goods are ordered by filling in the form on-line or by mailing it. The offer is binding at the latest when it has passed through PearC’s interface. When orders are sent by mail the customer automatically accepts the trading conditions and a legal relationship with the provider. By sending the order the customer agrees to the business conditions of PearC. PearC is not obligated to accept the customer’s offer. The confirmation of the customer’s request does not represent an acceptance of the customer’s offer.
c) Should the confirmation of the order or any other declaration by PearC contain a typing or misprint error, or should an error in transmission of prices occur, PearC is entitled to an appeal whereby PearC carries the burden of proof. Any payments received may be immediately reimbursed in that case.
d) PearC is entitled to accept an offer from the customer within seven calendar days by forwarding of an order confirmation or the requested item. The order confirmation is isssued per email. After this period expires the offer is considered rejected.
§ 3 Right of withdrawal
a) Power of revocation
A two-week revocation right is entitled to the customer if he is a private person not acting in the name of a company. The period of revocation begins at the earliest the day after receipt of the item and the instructions in text form (e.g. by letter, fax or email). To observe the period of revocation, the revocation must be mailed or the item returned punctually. The revocation is to be emailed to info (at) pearc.de or mailed to:
b) Consequences of Cancellation
In the event that a cancellation is valid, the services received by both parties to the contract are to be returned and if applicable, any benefits derived (e.g. interest) are also to be returned. If the customer is unable to return the services he has received in full, or is only able to return the goods in an impaired condition, the customer must compensate PearC for the difference in value where necessary. This shall not apply if the deterioration in the goods is solely attributable to an inspection of the goods by the other party to the contract as would have been possible had that party purchased the goods in a shop. Moreover, the other party to the contract will not have to compensate PearC for any drop in value of the goods returned if that party has not used the goods as if fully owned and refrains from doing anything detrimental to the value of the goods. Items that can be sent as parcels are to be returned. Items that cannot be returned as parcels will be collected from the customer. The customer shall bear the cost of returning the goods if the goods supplied are those that he or she ordered and the price of the goods to be returned does not exceed 40 Euros, or if the price of the goods exceeds 40 Euros and the customer has not yet rendered the payment or made a contractually arranged partial payment at the point in time at which he or she cancels the order. Otherwise, the customer shall not be required to pay for the return of the goods. The customer must fulfill any obligatory payments to PearC within 30 days of the date of cancellation or the return of the goods.
c.) Returns and refunds
Because PearC computers are not always returned to us with sufficient care or with all accessories, significant depreciations in value occasionally arise, that we unfortunately must bill to our customer, i.e. deduct the amount from your refund. Following are examples for refunds of returned merchandise:
- Packaging intact, styrofoam undamaged
- PearC computer free of scratches or dents and fully functional
- Accessories, such as cables, instruction manuals, monitor adapters, etc. are complete and intact
- Styrofoam, packaging not intact
- PearC is returned with scratches or dents
- Functionality is impaired
- Accessories, such as cables, instruction manuals, monitor adapters, etc. no longer complete or intact
Your right of revocation expires early if your contracting party (PearC) began the execution of services before the end of revocation period at your express agreement or you specifically forwent it. If the software or operating system USB-Stick are unwrapped, the right to cancel is annulled. As PearCs are only sold in conjunction with software, PearC charges the full price for the software. Software already opened by the customer is excluded from the refund.
§ 4 Payment conditions
The prices are valid upon placement of the binding order. All prices include 19% value added tax. Shipping expenses (postage and packing) are added separately and will than be included in the item prices. Payment is due once the contract is concluded. The billing amount on the invoice must be paid in full to PearC using the customer’s payment method of choice. Deductions of transaction fees, for example, those resulting from payment through international banks, are not accepted by PearC
§ 5 Retention of ownership
PearC retains ownership of delivered goods and services until the customer has made a full payment of all past and new claims resulting from the business relationship (regardless of claim type or legal basis).
§ 6 Warranty
a) The warranty rights of the customer are determined according to the relevant general statutory regulations, unless stated otherwise subsequently. Any claims of damages by the customer against the provider are regulated according to § 7 of these terms and conditions.
b) The limitation period for guarantee claims expires after two years if goods are new. For second-hand goods the period is one year. For entrepreneurs the period of limitation is one year for new goods and six months for second-hand products. This reduced period of limitation is not applicable to claims of the customer due to damages arising out of death, injury to body or health, or claims due to a substantial breach of contract obligations. Substantial contract obligations are those fulfillment of which is necessary to achieving the goals of the contract. This reduced period of limitation is also not applicable to claims arising out of deliberate or wantonly negligent neglect of duty by the provider, its legal representatives, or those persons assisting in the performance of its obligations.
c) Guarantees are not taken over by PearC.
§ 7 Disclaimer
a) Claims of damages are not considered unless subsequently determined otherwise. The previously mentioned non-liability clause is also applicable to the legal representative and any persons performing obligations if the customer files a claim against them.
b) Excluded from claims of damages under cipher 1 are any claims arising out of death, injury to body or health or claims resulting from a substantial breach of contract obligations. Substantial contract obligations are those fulfillment of which is necessary to achieving the goals of the contract. The previously mentioned reduced period of limitation is also not applicable to claims arising from deliberate or wantonly negligent neglect of duty by the offerer, its legal representatives or the person assisting in the performing obligations. c) PearC is only liable for intent and gross negligence. It is the customers’ duty to take care of data back-up. PearC is not liable for any data loss on storage media (computer, hard disk, storage media, etc.).
§ 8 Terms of Delivery
a) Delivery will be made to the address given by the customer. It is impossible to deliver goods to different addresses in case of multiple orders.
b) If the customer chooses to pay in advance the item will be reserved upon acceptance of contract, but will be shipped after payment has been settled to the account PearC. We therefore kindly ask the customers to take that into consideration and place advance payments in time.
c) If the customer chooses to pay in advance and the payment is not made within five days to the bank account of PearC, PearC will withdraw from the contract. If PearC decides to retain the contract, the delivery dates established when the order was placed are no longer valid. In fact, the agreed delivery date depends on time of receipt of payment by PearC.
§ 9 Damages in transportation
If goods are delivered in an obviously damaged condition it is the responsibility of the customer to contact the supplier with complaints at: info@PearC.de. The customer hereby supports enforcement of a claim of by PearC against the freight carrier.
§ 10 Choice of law/Jurisdiction
a) The contractual relationship between the customer and PearC is based upon the law of the Federal Republic of Germany (FRG). Application of the Uniform Law on the International Sale of Goods (CISG) is excluded.
b) Hamburg is the place of jurisdiction for all disputes arising directly and indirectly from the business relationship between customer and PearC so long as it regards a merchandiser, a legal entity or jurist under public law or a special fund under public law.
§ 11 Severability clause
Should one of the clauses of these general terms of business be invalidated all others clauses are not affected.