General terms and conditions of 1ST-embedded GmbH
(1) This web shop only offers B2B customers the opportunity to order their development needs for the items offered in the web shop over the Internet. Buyers must be over the age of 18 and be considered an entrepreneur within the meaning of Section 14 (1) of the German Civil Code. A sale of the products to private individuals or companies that compete with 1ST-embedded GmbH is excluded. We reserve the right to request proof of trade (commercial register entry) from the customer before we accept or confirm incoming orders. For customers from other EU countries we need their VAT-ID for the correct processing.
(2) The terms and conditions apply to all orders via this online store. 1ST-embedded GmbH provides all deliveries and services exclusively in accordance with these general terms and conditions in the version valid at the time of the order. Deviating regulations apply only insofar as they have been agreed in writing between 1ST-embedded GmbH and the customer or are expressly named in these general terms and conditions. General terms and conditions of the customer are not recognized by us unless we have expressly agreed to them in writing.
Customers who want to place an order in the web shop for the first time must register beforehand. To register, the registration form must be completed by the customer. The customer guarantees that the information provided by him, in particular regarding his commercial or self-employed activity, is true and complete. The customer will notify changes immediately.
Each customer specifies his user name in the registration form. In addition, each customer gives himself a password chosen by him. Orders can only be placed using a user name and password. The customer undertakes to ensure that the user name and password are protected against unauthorized access by third parties and to inform us immediately in the event of corresponding data security incidents regarding his login data in order to prevent misuse.
4. Conclusion of contract
(1) Offers of goods and contracts are subject to change. The goods shown in the web shop do not represent a binding application to conclude a purchase contract, but are to be understood as a non-binding invitation to order goods in the web shop.
(2) By clicking the button "Order now with payment" you submit a binding purchase offer.
(3) After receipt of the purchase offer you will receive an automatically generated email with the order number with which we confirm receipt of the order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract does not yet come into being through the confirmation of receipt.
(4) The contract is concluded with the delivery of the ordered goods or even earlier if we expressly declare acceptance of the purchase offer in the form of an order confirmation. The delivery of the ordered goods or the order confirmation usually take place within 10 working days. The electronic confirmation of receipt that the customer receives after sending the order does not count as an order confirmation, but only confirms that the input mask has been completely filled in and that the order has been received by 1ST-embedded GmbH.
(5) 1ST-embedded GmbH reserves the right to cancel an order even after receipt of a separate order confirmation from the customer (reservation of withdrawal) if the manufacturer or sub-supplier of the ordered goods does not, does not deliver the goods correctly or on time, which 1ST-embedded GmbH was not aware of this fact when the order confirmation was sent and is also not responsible for it.
(6) Subject to changes and errors in the price information in the online shop.
(1) All prices stated are shown as net prices (excluding VAT). The prices to be paid by the customer are exclusive of VAT. This also applies to the shipping costs. Payment is made in advance without deduction or according to individually agreed terms of payment. The delivery takes place after full receipt of payment or by agreement.
(2) If the customer does not pay despite the due date, the amount owed is 8% above the applicable base rate in accordance with Interest acc. To § 247 paragraph 1 BGB.
6. Retention of title
All delivered goods remain the property of 1ST-embedded GmbH until all claims from the business relationship have been paid in full. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
If the reserved goods are combined or mixed, we acquire joint ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
7. Delivery - delivery times
We will deliver you to the delivery address you specified as soon as possible.
If we are unable to meet binding delivery times which have been confirmed in our order confirmations for reasons for which we are not responsible (force majeure, unavailability of the service, late or incorrect delivery by our upstream suppliers), we will inform the buyer immediately and communicate an expected delivery time.
If a service cannot be rendered within the new period, we are entitled to withdraw from the purchase contract in whole or in part. We will immediately reimburse any payments already made by the buyer.
We may use a third party to deliver the goods.
8. Place of performance
The place of performance is the seat of the seller for all disputes arising from or in connection with contracts between 1ST-embedded GmbH and you.
9. Claims for defects
The customer is obliged to check the goods for obvious defects - including transport damage - immediately after receipt and to report obvious defects or damage to 1ST-embedded GmbH. This also applies to defects discovered later on from discovery. In the event of a violation of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded. Only our own information, the product description and technical specifications are binding for the quality of the goods, but not public promotions and statements and other advertising. The warranty period is one (1) year from delivery of the goods. In the event of defects in the goods, 1ST-embedded GmbH is initially entitled within the warranty period to deliver or repair free replacements at its option. If the rectification or delivery fails twice, the customer can request a reduction or withdraw from the contract at his option.
10. Scope of service / use of products
1ST-embedded GmbH expressly points out that the products and services it delivers are not suitable for use in military facilities, nuclear technology, aerospace or for medical devices, unless expressly agreed otherwise in writing.
The liability of 1ST-embedded GmbH, regardless of whether it is due to a breach of contract or an unlawful act, is ultimately determined according to the following regulations:
(1) Unless otherwise stipulated in these General Terms and Conditions, claims for damages by the purchaser, regardless of the legal reason, in particular due to violation of obligations from the contractual relationship and tort, are excluded.
(2) 1ST-embedded GmbH is liable to its customers for damage resulting from culpable injury to life, limb or health. 1ST-embedded GmbH is only liable for other damage if the damage was caused intentionally or through gross negligence by 1ST-embedded GmbH, its legal representatives or agents.
(3) In addition, 1ST-embedded GmbH is liable for slightly negligent breach of essential contractual obligations (such obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely). In the event of a slightly negligent breach of an essential contractual obligation, the amount of liability of 1ST-embedded GmbH is limited to foreseeable damages typical of the contract, the occurrence of which can usually be expected in the event of a damage.
(4) The liability of 1ST-embedded GmbH according to the Product Liability Act remains unaffected (§ 14 ProdHG).
12. Data protection
The data transmitted to us (name, address, e-mail address, telephone, fax number) will only be collected, processed and used in compliance with the applicable data protection law to the extent that this is necessary to establish, design or change the contractual relationship Execution or proof of the performance of the contract owed between the customer and 1ST-embedded GmbH is required.
If you create a customer account with us via our website, we will only use the data you entered during registration (e.g. your name, address or email address) for pre-contractual services, for the fulfillment of the contract or for the purpose of Collect and save customer care (e.g. to provide you with an overview of your previous orders from us or to be able to offer you the so-called notepad function). At the same time, we then save the IP address and the date of your registration together with the time. Of course, this data will not be passed on to third parties.
As part of the further registration process, your consent to this processing is obtained and reference is made to our data protection declaration. The data we collect is used exclusively to provide the customer account. If you consent to this processing, Art. 6 Para. 1 lit. a) GDPR legal basis for processing. If the opening of the customer account also serves pre-contractual measures or the fulfillment of the contract, the legal basis for this processing is also Art. 6 Para. 1 lit. b) GDPR.
You can revoke your consent to the opening and maintenance of your customer account at any time with future effect in accordance with Art. 7 Para. 3 GDPR. All you have to do is notify us of your revocation. The data collected will be deleted as soon as processing is no longer necessary. However, we must observe tax and commercial retention periods.
If you register for our free newsletter, the data requested by you, i.e. your email address and - optionally - your name and address, will be sent to us. At the same time, we save the IP address of the Internet connection from which you access our website and the date and time of your registration. As part of the further registration process, we will obtain your consent to send the newsletter, describe the content specifically and refer to the data protection declaration. We use the data collected in this process exclusively for sending the newsletter - in particular, it is therefore not passed on to third parties. The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.
You can revoke your consent to the newsletter being sent at any time with future effect in accordance with Art. 7 Para. 3 GDPR. To do this, you only have to inform us of your revocation or click the unsubscribe link contained in each newsletter.
Contact inquiries / contact options
If you contact us using the contact form or email, the data you provide will be used to process your request. The specification of the data is necessary for processing and answering your request - without providing it, we cannot answer your request, or at least only to a limited extent. The legal basis for this processing is Art. 6 Para. 1 lit. b) GDPR.
Your data will be deleted if your request has been answered in the end and there are no legal retention requirements, such as in the event of subsequent contract processing.
13. Offsetting, retention
Only undisputed or legally established claims entitle the customer to offset or withhold payment.
14. Export control and compliance
Products delivered by 1ST-embedded GmbH are intended for use and for staying in the country of delivery agreed with the customer. The re-export of products may be subject to approval by the purchaser and is subject to the foreign trade regulations of the Federal Republic of Germany, for products imported from the USA to the export control regulations of the USA. The customer must be independent about these regulations, according to the German regulations at the Federal Office of Economics and Export Control (BAFA), D-65760 Eschborn / Taunus and according to the US regulations at the Bureau of Industry and Security (BIS), U.S. Department of Commerce, Washington D.C. 20320 inquire. Regardless of whether the purchaser specifies the final destination of the delivered products, it is the responsibility of the purchaser to obtain the necessary approval from the relevant foreign trade authority before exporting such products. Any further delivery of products by the customer to third parties, with or without our knowledge, also requires the transfer of the export license conditions. The purchaser is liable to us for the proper observance of these conditions.
15. Applicable law, place of jurisdiction
For the legal relationships resulting from the order, only the provisions of German law apply to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UNKaufrecht”).
The sole place of jurisdiction for all disputes arising from this contractual relationship is the registered office of the seller. However, 1ST-embedded GmbH is also entitled to assert its claims in court at the customer's registered office.
16. Final provisions
(1) Should one or more provisions of the contract be legally ineffective, the effectiveness of the remaining provisions will not be affected.
As of June 11,2020