Standard Contract Terms

The following General Terms and Conditions (GTC) apply to all business relationships between you as a private customer and computeruniverse (a brand of Cyberport SE). The version of these General Terms and Conditions valid at the time of the conclusion of the contract is authoritative. We refer to consumers as private customers in accordance with § 13 BGB (German Civil Code).

An essential part of our business philosophy is trading via the Internet. To ensure that your order runs smoothly, we would like to keep it as described below: Our presentation of goods on the Internet or in print media does not constitute an offer, but a non-binding invitation to you to order these products from us. Your order of the desired products via our website, by e-mail, fax, in writing, in text form or by telephone is a legally binding offer to conclude a purchase contract. We will confirm receipt of your order without delay. In the case of advance payment orders, a contract is concluded when computeruniverse sends the order confirmation e-mail. Otherwise, a contract is concluded with the sending of the dispatch confirmation e-mail. Please note that the text of the contract relating to your order will not be stored by us and cannot be retrieved after the contract has been concluded. The contract language is German. If you order a mobile phone contract in addition to the goods, this will be concluded directly with the mobile phone operator; computeruniverse is merely an intermediary for the mobile phone contract.

When purchasing a photovoltaic system or its components, you confirm that you are the operator of the photovoltaic system that is or will be installed on or near a beneficiary building within the meaning of § 12 para. 3 no. 1 sentence 1 UStG (private dwelling, flats or public or other building used for activities serving the public good) or whose installed gross output does not or will not exceed 30 kW (peak) according to MaStR.

Notes:

a) To facilitate your return, you can contact our customer service by telephone on +49 6172 3917-0 and have a Freeway Ticket sent to you, which you can use for a free return. The use of a Freeway Ticket is optional and alternatively it can be sent by post. However, we kindly ask you to refrain from returning the goods postage unpaid as part of your right of cancellation. Please note that if you choose an unnecessarily expensive shipping method, you may be liable for payment of the difference to a return by post.

b) We would also like to point out that if you return the goods without the original product packaging, you may have to pay compensation.

c) The right of withdrawal expires prematurely 1) in the case of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; 2) in the case of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery; 3) in the case of a contract for the supply of digital content not on a tangible medium, if we have started performance of the contract after you have expressly agreed that we start performance of the contract before the expiry of the withdrawal period and have confirmed your knowledge that by giving your consent you lose your right of withdrawal when we start performance of the contract; 4) in the other cases of § 312g para. 2 S. 1 Nr. 4 and § 356 Abs. 4 BGB.

d) A right of revocation does not exist by way of exception 1) for goods which are not prefabricated and for the manufacture of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs; 2) in the other cases of § 312g para. 2 sentence 1 no. 2, 5 and 7 to 13 

e) After receipt and inspection of the returned products by us, you will receive a refund of the purchase price. Costs for installation and removal of the goods as well as other services/works that you have commissioned from us in connection with the goods cannot be refunded in the event of a revocation.

f) If you have ordered a mobile phone contract in addition to the goods, the purchase contract and the mobile phone contract can only be revoked together; if you revoke the purchase contract, you also declare the revocation of the mobile phone contract at the same time and vice versa.

g) If you return goods to us without further explanation, we will generally assume that you wish to exercise your statutory right of cancellation.

Model withdrawal form:

(If you wish to revoke the contract, please complete and return this form).

• To computeruniverse (A brand of Cyberport SE) Logistics Centre, ST Siebenlehn, Auf dem Versandweg 1, 09603 Großschirma, Germany, fax number: +49 6172 3917-200, e-mail: info@computeruniverse.net
• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only in the case of notification on paper)
• Date

___________

(*) Delete as applicable.

For all products shown on our website, we provide concrete information on availability or the delivery date. However, we are entitled to withdraw from the contract insofar as we do not receive the delivery item despite the prior conclusion of a corresponding purchase contract on our part. Our liability for intent or negligence remains unaffected by this condition. In the event of this withdrawal, we shall inform you immediately of our own non-delivery and reimburse you immediately for any consideration already granted. The risk of accidental loss and accidental deterioration of the goods sold shall pass to you in the case of a mail order purchase when the goods are handed over to you. The handover is the same if you are in default of acceptance. If goods are delivered with obvious damage to the packaging or contents, we would like to ask you to complain about the damage immediately to the forwarding agent/freight service, to refuse acceptance if necessary and to contact us as soon as possible so that we can protect our rights against the forwarding agent/freight service. Please also inform us of hidden defects as soon as they are discovered so that we can contact our supplier. Your warranty rights as a business customer remain unaffected, of course.

Another important point to avoid disputes from the outset are our very clear price quotations and terms of payment. The prices valid on the day of the order are decisive. Should the prices for the products ordered by you be corrected downwards between the order and delivery to you, we will grant a credit note for the difference in price upon request. All prices are gross prices in euros and include the statutory value added tax. In the case of a mail order purchase, the price is exclusive of shipping costs. You shall only be entitled to a right of set-off if your counterclaim has been legally established or is undisputed; this restriction shall not apply if your counterclaim is in a mutual relationship with our claim.

Our shipping methods are primarily based on your delivery requirements and we offer the following models: First of all, we offer standard delivery, where the goods are delivered to you with a delivery period of approx. 1 to 3 working days after the goods have been handed over to the forwarding agent. We also offer express delivery throughout Germany, where we usually deliver the goods to you by 2 p.m. on the following working day after handing them over to the forwarding agent. Please understand that we cannot offer this service for delivery addresses on the German islands. Delivery by express delivery can only be made on the following working day at the earliest if we receive your order by 5 pm on a working day (Mon to Fri) and the goods are available from stock. Express delivery only takes place from Tuesday to Saturday. On (regional as well as German) public holidays, there may be deviations from this rule. Some particularly sensitive, high-quality and specially marked products from our range are delivered exclusively by express delivery.

For the shipping models described above, we assume that the assembly, mounting and installation of the goods delivered by us will be carried out by you and that it is a domestic delivery of goods. For details of our logistics model, please refer to our website computeruniverse.net. The costs shown there will be notified and shown separately for each order. Should you wish a partial delivery, we are entitled to charge the aforementioned costs for each partial delivery. If you wish a delivery abroad, please enquire about the exact amount of the costs for the delivery.

You can pay for the goods in particular by prepayment, instant bank transfer or credit card. We reserve the right to exclude individual payment methods, even after your order. If you pay in advance, you will receive an electronic message stating the amount to be paid and our bank details. Once your payment has been credited to our accounts, the ordered products will be shipped to you immediately upon availability. If you pay by credit card, the goods will be shipped to you immediately upon availability after approval of the transaction by your credit card institution. However, we will not debit your credit card account until the day the delivery leaves our premises. If you pay by instant bank transfer, the goods will be dispatched to you immediately after confirmation of the successful completion of your payment at sofortueberweisung.de, subject to availability.

In particular in the event of damage to the products supplied by us and the handling of warranty cases, we endeavour to find a mutually satisfactory solution peacefully and in trusting cooperation with you. With the deviations to be presented below, we consider the legal regulations to be good and sufficient. We ask you to notify us in writing or in text form of any obvious defects in the goods within two weeks of receipt. Your warranty rights as our customer remain unaffected by this, of course. For goods purchased from us, we grant a warranty of two years from delivery of the goods. Subsequent performance does not constitute an acknowledgement within the meaning of § 212 BGB (German Civil Code).

In order to avoid legal disputes, you are obliged, before asserting your warranty claims, to make the goods complained about available to us for inspection of the defect, at our discretion either on your premises, by sending them to us or to a third party designated by us. Please contact our customer service by telephone on +49 6172 3917-0 to agree on the further procedure. In the case of the predominantly sensitive technical devices supplied by us, you will certainly understand that we cannot accept liability for defects caused by improper measures or measures contrary to the terms of the contract, in particular during installation, connection, operation or storage. Likewise, warranty claims shall lapse if unauthorised third parties have interfered with the goods supplied by us or if modifications have been made thereto or consumables have been used which do not comply with the manufacturer's specifications of the individual products supplied by us. The same shall also apply to such damage which occurs in the operation of the products supplied by us together with other devices whose compatibility is not ensured. Should we replace individual components of the items delivered by us by way of subsequent improvement, we shall acquire ownership of the replaced items.  In the event of a subsequent delivery, our company shall become the owner of the replaced devices and/or components upon receipt of the replacement device by the contractual partner.

We do not give you any guarantees in the legal sense. Manufacturer's guarantees remain unaffected by this.

Should you have suffered damage in connection with our products, we will endeavour to find an amicable solution with you. However, we hope you will understand that we must limit our liability to a mutually acceptable extent. Thus, in the case of slightly negligent breaches of duty, our liability and that of our vicarious agents is limited to the foreseeable, contract-typical, direct average damage. We and our vicarious agents shall not be liable for slightly negligent breaches of non-contractual obligations, the breach of which does not jeopardise the performance of the contract. The above limitations of liability do not affect your claims under product liability or warranty. Furthermore, the limitations of liability do not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of your life. We are only liable for our own content on the website of our online shop. Insofar as we provide access to other websites via links, we are not responsible for the third-party content contained therein. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these sites.

We retain title to the object of purchase until the purchase price has been paid in full. The customer must inform us immediately of any enforcement measures by third parties against the goods subject to retention of title, handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform the third parties in advance of the existing rights to the goods.

We take the topic of data protection very seriously and collect, process and use your recorded data in accordance with the data protection regulations of the German Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG). You can find more information on the subject of data protection at computeruniverse under this Link.

The validity of the UN Convention on Contracts for the International Sale of Goods is excluded. German law shall apply, but only to the extent that you are not deprived of the protection afforded to you by mandatory provisions of the state in which you have your habitual residence.

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with an online order without having to go to court. We will endeavour to settle any disagreements arising from our contract amicably. Beyond that, we are not obliged to participate in a conciliation procedure and unfortunately cannot offer you participation in such a procedure. Our e-mail address: info@computeruniverse.net.

We support the objectives of the Digital Services Act (Regulation (EU) 2022/2065 "DSA"), which aims to ensure better protection of users online from inappropriate content. For this reason, the following content in particular is prohibited: discrimination/hate speech, pornography/sexualized content, political extremism, image rights violations, fraud, spam, false reports, violence, illegal products, infringement of the intellectual property of third parties, violations of data protection and personal rights. In the event of violations, we have the right to restrict the information provided or remove the content concerned, suspend or terminate the service offered in part or in full, suspend or close the user's account. We are obliged to take one of the above measures if we are requested to do so by an administrative or judicial authority. We will promptly notify the reporting party and the user who distributed the reported content of the action we take and provide clear and specific reasons for the decision. If moderation, reported content or orders from authorities make this necessary, we will prepare a transparency report once a year, which can be viewed on our website. Inappropriate content can be reported to us via dsa@computeruniverse.net.

Finally, we would like to point out that should individual provisions of these terms and conditions or of the contract concluded with you be invalid in whole or in part, the validity of the rest of the contract shall not be affected. If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office in Dresden; Germany.

computeruniverse (A brand of Cyberport SE), P.O. Box 10 11 41, 01081 Dresden, Germany

• General Terms and Conditions for Private Customers (as of August 2024); PDF (186 KB)

Last updated 28.08.2024 by computeruniverse editorial team

The following General Terms and Conditions (GTC) apply to all business relationships between you as a business customer and computeruniverse (a brand of Cyberport SE). The version of these General Terms and Conditions valid at the time of the conclusion of the contract is authoritative. As a business customer, we refer to all entrepreneurs and legal persons under public law in the sense of § 310 Para. 1 BGB (German Civil Code). Our GTC apply exclusively; we do not recognise any terms and conditions of the business customer that conflict with or deviate from our GTC unless we have expressly agreed to their validity in writing or in text form.

An essential part of our business philosophy is trading via the Internet. To ensure that your order runs smoothly, we would like to keep it as described below: Our presentation of goods on the Internet or in print media does not constitute an offer, but a non-binding invitation to you to order these products from us. Your order of the desired products via our website (computeruniverse.net), by e-mail (b2b@computeruniverse.net), by fax (+49 6172 3917-200), in writing, in text form or by telephone ((+49 6172 3917-0) is a legally binding offer to conclude a purchase contract. We will confirm receipt of your order without delay. In the case of advance payment orders, a contract is concluded when computeruniverse sends the order confirmation e-mail. Otherwise, a contract is concluded with the sending of the dispatch confirmation e-mail. Please note that the text of the contract relating to your order will not be stored by us and cannot be retrieved after the contract has been concluded. The contract language is German. If you order a mobile phone contract in addition to the goods, this will be concluded directly with the mobile phone operator; computeruniverse is merely an intermediary for the mobile phone contract.

When purchasing a photovoltaic system or its components, you confirm that you are the operator of the photovoltaic system that is or will be installed on or near a beneficiary building within the meaning of § 12 para. 3 no. 1 sentence 1 UStG (private dwelling, flats or public or other building used for activities serving the public good) or whose installed gross output does not or will not exceed 30 kW (peak) according to MaStR.

For all products shown on our website, we provide concrete information on availability or delivery date. Nevertheless, we must reserve the right to self-delivery for items that we do not keep in stock. In the event of delays in delivery, you will be informed immediately. Although we assume, together with you, that the goods will be transported without damage, it is the case that the risk of accidental loss and accidental deterioration of the goods passes to you when the goods are handed over, in the case of a mail order purchase, when the goods are delivered to the forwarding agent/freight service or to the person or institution otherwise designated to carry out the shipment. The handover shall be deemed to have taken place if you are in default of acceptance. When downloading and sending data via the Internet, the risk of loss and alteration of the data shall pass to you when the network interface is crossed.

If goods are delivered with obvious damage to the packaging or contents, we would like to ask you to complain about the damage immediately to the forwarding agent/freight service, to refuse acceptance if necessary and to contact us as soon as possible so that we can protect our rights against the forwarding agent/freight service. Please also inform us of hidden defects as soon as they are discovered so that we can contact our supplier. Your warranty rights as a business customer remain unaffected, of course.

Another important point to avoid disputes from the outset are our very clear price quotations and terms of payment. The prices valid on the day of the order are decisive. Should the prices for the products ordered by you be corrected downwards between the order and delivery to you, we will grant a credit note for the difference in price upon request. In the case of a mail order purchase, the price is exclusive of shipping costs. You shall only be entitled to a right of set-off if your counterclaim has been legally established or is undisputed; this restriction shall not apply if your counterclaim is in a mutual relationship with our claim. You are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.

Our shipping methods are primarily based on your delivery requirements and we offer the following models: First of all, we offer standard delivery, where the goods are delivered to you with a delivery period of approx. 1 to 3 working days after the goods have been handed over to the forwarding agent. We also offer express delivery throughout Germany, where we usually deliver the goods to you by 2 p.m. on the following working day after handing them over to the forwarding agent. Please understand that we cannot offer this service for delivery addresses on the German islands. Delivery by express delivery can only be made on the following working day at the earliest if we receive your order by 6 pm on a working day (Mon to Fri) and the goods are available from stock. Express delivery only takes place from Tuesday to Saturday. On (regional as well as German) public holidays, there may be deviations from this rule. Some particularly sensitive, high-quality and specially marked products from our range are delivered exclusively by express delivery.

For the shipping models described above, we assume that the assembly, mounting and installation of the goods delivered by us will be carried out by you and that it is a domestic delivery of goods. For details of our logistics model, please refer to our website computeruniverse.net. The costs shown there will be notified and shown separately for each order. Should you wish a partial delivery, we are entitled to charge the aforementioned costs for each partial delivery. If you wish a delivery abroad, please enquire about the exact amount of the costs for the delivery.

You can pay for the goods in particular by prepayment, instant bank transfer, credit card or invoice. We reserve the right to exclude individual payment methods, even after your order. If you pay in advance, you will receive an electronic message indicating the amount to be paid and our bank details. When your payment is credited to our accounts, the ordered products will be shipped to you immediately upon availability. If you pay by credit card, the goods will be shipped to you immediately upon availability after your credit card company approves the transaction. However, we will not charge your credit card until the day your shipment leaves our premises. With the payment method Sofortüberweisung the goods will be shipped to you immediately after confirmation of the successful completion of your payment at sofortueberweisung.de if available. For public institutions and authorities, when paying by invoice, you must confirm your order to us by mail or fax on your official letterhead with signature and stamp. For bulk orders, please include a copy of your school, university, government or other confirmation of the public nature of your institution. If you would like to establish a new business relationship with us, please contact our business customer sales department by e-mail at b2b@computeruniverse.net or by telephone at +49 6172 3917-0 for individual arrangements.

Especially in the case of damage to the products supplied by us and the handling of warranty cases, we strive to find a mutually satisfactory solution peacefully and in trusting cooperation with you. With the deviations to be presented below, we consider the legal regulations to be good and sufficient. Should the goods delivered by us be defective, we shall be entitled, at our discretion, to repair the defective item or to make subsequent deliveries.

You must immediately inspect the delivered goods for deviations in quality and quantity and notify us of any recognizable defects in writing or in text form within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. The obligation to inspect and give notice of defects shall not apply if an inspection cannot reasonably be expected, taking into account the specific circumstances. Hidden defects must be reported to us in writing or in text form within a period of one week from discovery. Timely dispatch shall be sufficient to meet the deadline. You shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. For new goods purchased from us, we grant a warranty of one year from delivery of the goods. In the case of used equipment, we take the liberty of excluding the warranty completely. The limitation of the warranty period does not apply if we can be accused of gross negligence and in the case of bodily injury and damage to health attributable to us and in the case of loss of life of you. Our liability under the Product Liability Act remains unaffected. A supplementary performance does not constitute an acknowledgement in the sense of § 212 BGB (German Civil Code). In order to avoid legal disputes, before asserting your warranty claims, you are furthermore obligated to make the goods complained about available to us for inspection of the defect, at our discretion, on your premises, by sending them to us or to a third party designated by us. Please contact us by telephone on +49 6172 3917-0 to agree on the further procedure. With regard to the predominantly sensitive technical devices supplied by us, you will certainly understand that we cannot be held responsible for defects caused by improper measures or measures contrary to the terms of the contract, in particular during installation, connection, operation or storage.

Likewise, warranty claims shall expire if unauthorized third parties have interfered with the goods delivered by us or if modifications have been made thereto or consumables have been used which do not comply with the manufacturer's specifications of the individual products delivered by us. The same shall also apply to such damage that occurs during the operation of the products delivered by us together with other devices whose compatibility is not ensured. If we replace individual components of the delivered items by way of subsequent improvement, we shall acquire ownership of the removed components. In the event of subsequent delivery, our company shall become the owner of the replaced equipment and/or components upon receipt of the replacement equipment by the contractual partner. Finally, we take the liberty of charging a service fee depending on the effort involved, but usually 60 euros, in cases where defects in the products supplied by us were demonstrably not detectable. We do not give you any guarantees in the legal sense. Manufacturer guarantees remain unaffected by this.

Should you have suffered any damage in connection with our products, we will endeavor to find an amicable solution with you in this case as well. However, we hope you will understand that we must limit our liability to a mutually acceptable extent. Thus, in the case of slightly negligent breaches of duty, our liability and that of our vicarious agents is limited to the foreseeable, contract-typical, direct average damage. We and our vicarious agents shall not be liable for slightly negligent breaches of non-contractual obligations, the breach of which does not jeopardize the performance of the contract. The above limitations of liability do not affect your claims under product liability or warranty. Furthermore, the limitations of liability do not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of your life.

We are only liable for our own content on the website of our online store. Insofar as we provide access to other websites via links, we are not responsible for the third-party content contained therein. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.

We retain title to the goods until all claims against the customer have been satisfied, even if the specific goods have already been paid for. You must inform us immediately of any compulsory execution measures by third parties against the goods subject to retention of title, handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, you must inform the third party in advance of the rights existing in the goods. Insofar as the third party is not in a position to bear our costs of an intervention, you shall be obliged to reimburse these to us. Furthermore, in the event that the reserved goods are resold or leased, you hereby assign to us as security all claims against your customers arising from the aforementioned transactions until all our claims have been satisfied. In the event of processing of the reserved goods, their transformation or their combination with another item, we shall acquire direct ownership of the manufactured item. This shall be deemed to be goods subject to retention of title. If the value of the security exceeds our claims against you by more than 20 percent, we shall, at your request and at our discretion, release securities to which we are entitled to the corresponding extent. Finally, as long as you are not yet the owner:in and the goods are already with you, you are obligated to sufficiently insure the items at your own expense against destruction or damage, in particular by fire, water, burglary and theft, and in this case you must provide us with an inspection of the insurance policy upon request. Any insurance claims in this respect are also already assigned to us. Unfortunately, we also have to discuss particularly unpleasant cases - since these also occur - with you: If you are in default with one or more payments in whole or in part, if you suspend your payments or if judicial insolvency proceedings are pending, then you may no longer dispose of the goods delivered by us. In this case, we shall be entitled to withdraw from the contract, to take back the goods in your possession or to revoke the right of resale. We shall then also be entitled to demand information about the recipients of the goods still belonging to us, to disclose the assignment of the claim and to collect the claim ourselves.

You are entitled to return the goods purchased from us if you notify us within two weeks of receipt of the goods that you wish to return the goods and return the goods to us within the aforementioned period. We may then receive your notification in this regard by telephone at +49 6172 3917-0 and from Monday to Friday from 9 a.m. to 6 p.m. in order to coordinate the details of the return with you. The return shipment is at the expense and risk of the purchaser. We can only grant you this return option if the products are complete (including all accessories, manuals, vouchers, products from special promotions, etc.), unused and unopened in the original packaging. Generally excluded from return are computers and technical devices that were custom-made by us in the so-called BTO process (Built-to-Order), or goods that were not listed in our web store, but were purchased at the special request of our business customers. Finally, the return of goods that are naturally unsuitable for return (e.g. sealed goods after removal of the seal) is excluded. This applies in particular to RAM components, motherboards, storage media, software, audio or video recordings, warranty extensions, magazines, as well as devices whose SIM card has been put into use or whose (super) PIN has been disclosed and services that have been transmitted online (e.g. software for download, codes). We reserve the right to charge a discount of 50 percent if we suffer a significant economic disadvantage as a result of the return. After receipt and inspection of the returned products by us, you will be refunded the purchase price. Costs for shipping the goods, for installation and removal of the goods as well as other services/works that you have ordered from us in connection with the goods cannot be reimbursed in the event of a return.

We take the issue of data protection very seriously and collect, process and use your recorded data in accordance with the data protection regulations of the Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG). You can obtain further information on the subject of data protection at computeruniverse under this Link.

The validity of the UN Convention on Contracts for the International Sale of Goods is excluded; German law shall apply. For contracts that we conclude with you, Dresden is the place of performance and exclusive place of jurisdiction. Finally, we would like to point out that if individual provisions of these terms and conditions or of the contract concluded with you are invalid in whole or in part, the validity of the rest of the contract shall not be affected.

computeruniverse (A brand of Cyberport SE), P.O. Box 10 11 41, 01081 Dresden, Germany

• General Terms and Conditions Business Customer (as of August 2024); PDF (100 KB)

Last updated on 28.08.2024 by computeruniverse editorial team