General Sales and Delivery Terms

§ 1  General Information and Areas of Application

(1) The present general sales and delivery terms apply for all contracts that are agreed and or concluded after the 1st of January 2009 between the Globell B.V. Noorderpoort 28
NL-5916 PJ Venlo, represented through its managing director Aston Fallen, and their business partners and customers (hereinafter referred to as "Buyer") for the sale and/or the delivery of tangible goods and, in particular, software, provided that the software is delivered on a data medium (hereinafter generally referred to as "goods"). Software ordered by the buyer will be delivered on a data medium to the buyer, as long as the buyer selects the option "Box Shipment" in the shopping cart on our websites www.globell.de or www.globell.com. The general sales and delivery terms apply as a framework agreement also for the repeat delivery to the same buyer with similar goods without an obligation on our part, to refer back to these terms, even when we unconditionally execute the delivery with the knowledge of any variations or regulations to the contrary.

For the purchase of software by means of download from our websites www.globell.de, www.globell.com and all other websites operated by us, the general business conditions of our logistics partner, which can be acknowledged through a link in the order form on our website, applies exclusively as well as the licence conditions for the software, which is also supplied on our websites.

(2) Individual agreements with the buyer (including special agreements, amendments and modifications) have, in all cases, priority before and above these general sales and delivery terms. We do not acknowledge the buyers general business conditions, unless we have specifically agreed to these conditions in written form.

(3) References to the validity of legal regulations are only made for declaratory purposes. Even without such explanations, the legal regulations apply, as long as they are not directly modified or specifically excluded through these general sales and delivery terms.

§ 2  Conclusion of Contract

(1) In the event that an order for goods is placed through our websites www.globell.de and www.globell.com, a legally binding purchase contract is only concluded with the confirmation of the order through email and an acceptance of the offer in the order, which can either be expressed through email or through the delivery of the goods to the buyer. Therefore, an order confirmation alone does not constitute a conclusion of a contract.

(2) Apart from that, our offers are without engagement and without obligation. This also applies if we supply the buyer with catalogues, other product specifications, or documents -even in electronic form– for which we reserve all proprietary and copyrights.

§ 3  Right of Rescission

(1) Provided that your order cannot be allocated to neither your commercial nor your independent professional activity, you can cancel your contract within one month without any reason in written form (e. g. letter, fax, email) or – if you have received the item before the expiration of the term – you can cancel your contract by sending the item back. The term begins with the receipt of this formal notification in text form, but not before the delivery of the goods to the recipient (with reoccurring deliveries of similar goods not before delivery of the first partial delivery) and also not before we have fulfilled our information duty according to § 312c sec. 2 BGB in connection with § 1 sec. 1, 2 and 4 of the Information and Accountability Act according to civil law (BGB-Informationspflichten-Verordnung “BGB-InfoV”) and our obligations according to § 312e sec. 1 No. 1 BGB in connection with § 3 BGB-InfoV.