Terms and Conditions of CompuRAM GmbH - Private customers

§ 1 General, Applicability

  1. Following Terms and Conditions (AGB) shall regulate the contractual relation between CompuRAM GmbH and the consumers (hereinafter called “customer”) that use the internet offer of CompuRAM GmbH. The Terms and Conditions are applicable to the usage of the website CompuRAM GmbHas well as all related subdomains. In each case only the one version is applicablethat was valid at the time of the contract conclusion. The contract can be concluded in either German, English or Italian.
  2. Consumer in the sense of these Terms and Conditions are natural persons who start a business relationship with CompuRAM GmbH that can’t be assigned to their commercial or self-employed function.
    Companies in the sense of these Terms and Conditions are natural and legal entities or legally responsible jointpartnerships that start a business relationship with CompuRAM GmbH in exertion of their commercial or self-employed function. For companies, the T&C for Business Customers apply.

§ 2 Conclusion of the Contract

  1. The representation of the products in the online Shop does not represent a legally binding offer, but a noncommittal online catalog.By ordering the requested item on the internet the customer makes a binding offer for conclusion of a purchase contract.
  2. By clicking the button "Buy" during the final step of the order procedure, you agree to a binding order of all goods in the shopping cart.
  3. The confirmation of the entrance of the order follows immediately after mailing the order and does not constitute acceptance of the contract yet.
  4. We can accept your order either by sending you an order confirmation by e-mail or by delivering the goods within a period of two days.

§ 3 Payment Methods, Maturity, Default

  1. Payment of goods is to be made via payment in advance or by PayPal. We reserve the right to accept or deny certain payment methods in individual cases.
  2. On payment in advance, the customer commits himself to pay the purchase price straight after the conclusion oft he contract.
  3. While the customer is in maturity he is in account for all negligences. He is also liable,if a coincidence occurs regarding his payment, except where the damage would have even occurred with payment in time.
  4. Interest is to be payed on the purchase price during the delay.The interest rate for delay amounts five percent points above the base interest rate annually. For legal transactions where no consumer is involved, the interest rate amounts eight percent points above the base interest rate.
  5. Any assertion of further damages is not excluded.

§ 4 Delivery

  1. Delivery will take place by sending the purchased item to the address submitted by the customer.
  2. Delivery will take place for announced packing and shipping costs: Delivery rate within the EU 7,90 €. If the customer requests special shipping with higher rates, he has to pay for all additional costs.
  3. If the customer purchases the item for his commercial or professional function, the danger of a coincidental loss or a coincidental worsening of the purchased item is demised to him as soon as CompuRAM GmbH has handed over the purchased item to the shipper, carrier or the person or institution that is entitled to ship the item.
  4. Return costs, if the customer is a consumer:
    Return costs, if the customer is a consumer: In the event of revocation, as consumer you are obliged to bear the direct costs of returning the goods, if the delivered goods do correspond to the order. You will only be liable for any possible loss in value of the goods, if this loss in value is attributable to their unnecessary handling for testing, properties and function of the goods

§ 5 Reservation of proprietary Rights

  1. The purchased item stays proprietary of CompuRAM GmbH until full payment. Before the transfer of proprietary any pledge, assignment as security, processing or reconfiguration without explicit approval of CompuRAM GmbH is not valid.

§ 6 Prices

  1. The price declared in the offer is to be seen as final price including eventually arising VAT and further price parts. The price does not include shipping and delivery.


§ 7 Withdrawal

  1. CompuRAM GmbH is entitled to withdraw from the contract evenin respect of still open parts of delivery or payment, if wrong information was given about the customers’ creditworthiness or objective reasons in respect of the customers’ solvency arose, e.g. the opening of an insolvency proceeding about the customers’ capital, or the denial of such due to lack of cost-covering capital. Before the withdrawal, the customer is given the opportunity to make an payment in advance or bring a suitable security.
  2. Notwithstanding of any damage claims, in the event of a partial withdrawal, already made partial payments are to be accounted and payed according to this contract.

§ 8 Warranty

  1. Consumer Warranty
     a) CompuRAM GmbH warrants that the purchased item is free of defects when transferred. If a material defect arises within six months after transfer of the purchase item, it is assumed that the item was defective at the time of transfer, unless this assumption is not consistent with the item type or its defect. If the defect arises after expiration of six months, the customer has to proof that the defect already existed at the time of transfer of the item.
     b) In the event that the purchased item is defective at the time of transfer the customer hasthe choicewhether the supplementary performance shall be subsequent improvement or replacement. CompuRAM GmbH is entitled to deny the chosen way of supplementary performance, if it is only possible with disproportional costs and the other way of supplementary performance does not cause significant disadvantages to the customer
     c) In the event that the supplementary performance fails, the customer is entitled to demand a reduction of the purchase price or a cancellation of the contract (withdrawal) as well as compensation principally. For minor defects the customer has no right to withdraw the contract.
  2. All claims regarding defects lapse after two years.
  3. If CompuRAM GmbH delivers a free-of-defects purchase item in order to fulfill the supplementary performance, CompuRAM GmbH is entitled to demand re-warranty of the defective purchase item from the customer.
  4. Damages that arise from arrangements that areincorrect or contrary to the agreementby the customer,caused by positioning, installation, handling or storing do not justify any claim against CompuRAM GmbH.

§ 9 Limitation of Liability

  1. For damages other than violation of life, body and health CompuRAM GmbH is only liable, if these damages result from intentional or reckless actions or from culpable violation of essential contractual obligations by CompuRAM GmbH or its performing agents. An obligation isessential contractual, iftheir fulfillment in the first place enables a proper completion of the contract, and if the customercan trust in theircompliance regularly. Further liability for compensations is excluded. Claims from a warranty given from CompuRAM GmbH regarding the quality of the purchased item and the product liability act are not affected hereby.
  2. Due to current technical standards, data communication through the internet can not be guaranteed to be free of errors and/or to be available atany time. Therefore we are not liable for a permanent availability of our online shop.

§ 10 Choice of Law and Jurisdiction

  1. All disputes from this legal relationship are subject to the laws of the Federal Republic of Germany. For customers this choice of law is only applicable, if the granted protection is not withdrawed by compelling regulations of the law of the state, in which the consumer has his habitual residence.Application of the UN Convention on Contracts for the International Sale of Goods (CSIG) is excluded.

§ 11 Salvatorian Clause

  1. Should any individual provision of this agreement be or become partially or completely invalid or unenforceable, the other provisions shall stay unaffected hereby. This is not applicable, if one party of this agreement is disadvantaged in such unreasonable way that an adherence to the agreement is not reasonable.
 End of General Terms and Conditions

General Terms and Conditions of CompuRAM GmbH,Germany, effective October 30, 2014