1. General, clientele, language

(1) All offers, purchase agreements, deliveries and services based on orders placed by our customers (hereinafter Customers) via our online store https://tilsberk.com (hereinafter the "Online Shop") are subject to these General Terms and Conditions. If the order is placed via other internet platforms or online stores or similar, these General Terms and Conditions shall apply if reference is made to them there.

(2) The product range in our online store is aimed equally at consumers and entrepreneurs, but only to end users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).

(3) The customer's terms and conditions of business shall not apply, even if we do not separately object to their validity in individual cases.

(4) Contracts with the Customer shall be concluded exclusively in German or English, depending on whether the Customer places the order via the German-language or English-language page of the online store. If the Customer places the order via our German-language website, the German version of these General Terms and Conditions shall accordingly apply exclusively. If the order is placed via our English-language website, only the English version of these General Terms and Conditions shall apply.

2. Conclusion of contract

(1) Our offers in the online store are non-binding.

(2) By placing an order in the online store, the customer makes a binding offer to purchase the relevant product. The customer can select products from our range and collect them in a so-called shopping cart via the button "add to shopping cart". By clicking the button "order with obligation to pay" he makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms by clicking on the button "Terms & Conditions accept" and thereby included them in his application. We can accept the offer until the end of the fifth working day following the day of the offer.

(3) We shall send the customer a confirmation of receipt of the offer without undue delay after receipt of the offer, which shall not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (by e-mail) or dispatch the goods. The purchase contract with the customer shall only be concluded upon our acceptance.

(4) Any customer who is a consumer shall be entitled to revoke the offer and return the goods in accordance with the special revocation and return instructions provided to him as part of the order on our website. Reference is made to clause 10.

3. Prices and payment

(1) Unless otherwise stated or agreed, our prices include the statutory value added tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.

(2) Unless expressly agreed otherwise, we deliver only against prepayment (in the manner specified in the online store on the order form) or cash on delivery, in each case issuing invoice with payment notice.

(3) If delivery on account has been agreed, the invoice amount shall become due upon receipt of the invoice and shall be paid within ten (10) working days from the invoice date, unless the customer proves that there are more than three (3) working days between the invoice date and receipt. In that case, default shall not occur until seven (7) days after receipt. The default interest rate for the year shall be five (5) percentage points above the prime rate for consumers and nine (9) percentage points above the prime rate for entrepreneurs. Costs of € 2.50 shall be charged for each reminder. In the case of companies, Section 288 (5) of the German Civil Code (BGB) shall apply.

(4) The customer shall have no right of set-off or retention unless the counterclaim is based on the same legal transaction or is undisputed or has been finally determined by a court of law.

4. Deadlines for the shipment of the goods, sale, partial deliveries

(1) All deadlines for the shipment of the goods specified or otherwise agreed by us when the order is placed shall commence (i) if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including VAT and shipping costs) or (ii) if payment by cash on delivery or on account has been agreed, on the day of the conclusion of the purchase contract. The date of handover of the goods by us to the shipping company shall be decisive for compliance with the shipping date.

(2) Deadlines specified by us for the dispatch of the goods shall always apply only approximately and may therefore be exceeded by up to two working days. This shall not apply if a fixed shipping date has been agreed. If no deadline or date for shipment is specified or otherwise agreed, shipment within five (5) working days shall be deemed agreed.

(3) We are entitled to sell off the goods at any time (even if they are marked as "in stock" on the order form) if the delivery is made against advance payment and the payment is not received by us within a period of (five) working days after our acceptance of the offer. In this case, shipment within the agreed period or the period indicated by us shall only take place while stocks last; otherwise, a period of (three) weeks shall apply.

(4) In the event that our supplier does not deliver goods to us in due time which are indicated on the order form as "not in stock" or which have been sold out pursuant to para. 3, the respective relevant shipping period shall be extended until delivery by our supplier plus a period of three working days, however, by a maximum period of three weeks in total, provided in each case,

1. we are not responsible for the delay in delivery by our supplier and

2. we have reordered the goods prior to the conclusion of the purchase contract (or, in the case of paragraph 3, the time of the sale) in such a timely manner that, under normal circumstances, timely delivery could be expected.

(5) If the goods are not available through no fault of our own or are not available in time despite a timely reorder, we shall be entitled to withdraw from the purchase contract. We shall notify the customer immediately of the non-availability of the goods and, in the event of withdrawal, reimburse the customer immediately for any payments made to us.

(6) If the customer has purchased several separately usable products in one order, we may also ship them in several separate deliveries, whereby we shall bear the additional shipping costs caused thereby. The customer's statutory rights with regard to timely and proper delivery shall not be limited thereby.

5. Mode and duration of shipment, insurance and transfer of risk

(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.

(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us (period between handover by us to the transport company and delivery to the customer) is therefore non-binding. If we have undertaken installation or assembly work, we shall, however, in deviation from this, owe the timely completion of this work and handover to the customer at the contractually agreed place and date.

(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company, provided that we are only responsible for the shipment. If we have undertaken installation and assembly work at the customer's location, however, the risk shall always pass to the customer upon completion and handover of the work.

(4) We shall insure the goods against the usual transport risks at our expense.

6. Retention of title

(1) We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.

(2) The customer shall not be entitled to dispose of the title to the goods delivered by us and still subject to retention of title ("Retained Goods") without our prior written consent. The disposal of the customer's legal position with regard to the reserved goods (so-called expectant right) shall remain permissible as long as the third party is made aware of our right of ownership.

(3) The customer shall treat the reserved goods with care.

(4) In the event of access by third parties - in particular by bailiffs - to the reserved goods, the customer shall point out our ownership and notify us immediately so that we can enforce our ownership rights.

(5) In the event of default in payment, we shall be entitled to demand surrender of the goods subject to retention of title, provided that we have withdrawn from the contract.

7. Warranty

(1) If the delivered goods are defective, the customer may first demand that we remedy the defect or deliver defect-free goods. If the customer is an entrepreneur, however, we may choose between rectification of the defect or delivery of a defect-free item; this choice may only be made by notification in text form (also by fax or e-mail) to the customer within three working days after receipt of the notification of the defect.

(2) When assessing whether the goods are in conformity with the contract or whether there is a defect, the respective product and property descriptions as well as the product-related information and conditions, possibilities and restrictions of use shall be observed, as well as product-specific obligations of the customer to cooperate.

1. The case does not meet the subjective requirements if.
   
   
   1. it does not have the quality agreed between the customer and us or
   2. it is not suitable for the use presumed under our contract, or
   3. it is not handed over with the agreed accessories and instructions, including assembly and installation instructions.
      
      
2. Unless otherwise agreed between the customer and us in compliance with the applicable information and form requirements, the item does not meet the objective requirements if

1. it is not suitable for ordinary use, or
2. it does not have the quality that is usual for items of the same kind and that the customer can expect, taking into account the nature of the item and the public statements made by or on behalf of us or another link in the contractual chain, in particular in advertising or on the label, or
3. if it does not correspond to the quality of a sample or specimen that we provided to the customer prior to the conclusion of the contract, or
4. if it is not handed over with the accessories including the packaging, assembly or installation instructions and other instructions that the customer can expect to receive.
   

3. an effective agreement to the contrary between the customer and us regarding the objective requirements of the item presupposes that the customer was specifically informed before submitting his contractual declaration that a certain feature of the goods deviates from the objective requirements and that the deviation in this sense was expressly and separately agreed in the contract. 

(3) In the event that subsequent performance pursuant to Clause 7 (1) fails or is unreasonable for the customer or if we refuse subsequent performance, the customer shall be entitled in accordance with applicable law to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of its futile expenses. However, the special provisions of Clause 9 of these General Terms and Conditions shall apply to the customer's claims for damages.

(4) The warranty period shall generally commence upon delivery of the purchased item (transfer of risk), unless otherwise stipulated for consumers in Section 1 below.

1. The warranty period vis-à-vis consumers shall generally be two (2) years, calculated from the transfer of risk. If a defect has become apparent within the limitation period, the limitation period shall not commence before the expiry of four months after the time when the defect first became apparent. If the customer has handed over the goods to us or, at our instigation, to a third party for the purpose of subsequent performance or the fulfillment of claims under a warranty, the limitation period for claims based on the asserted defect shall not commence before the expiry of two months after the date on which the repaired or replaced goods were handed over to the customer. This period shall also apply to claims for compensation for consequential damage caused by a defect, insofar as no claims in tort are asserted.
2. The warranty period is one year vis-à-vis Unternehmender.

(5) The following shall apply only to entrepreneurs: The customer shall carefully inspect the goods immediately after delivery. The delivered goods shall be deemed approved by the customer if a defect is not notified to us (i) in the case of obvious defects within (five) working days after delivery or (ii) otherwise within five working days after discovery of the defect.

8. updates

1. If the customer has purchased products from us with digital elements whose functionality depends on their digital components, we shall provide patches and updates (both jointly referred to as updates) to the customer free of charge during the usual period of use and utilization.
2. Patches are program changes with the aim of solving a specific problem. Updates are changes to the software that update and, if necessary, improve its functionality. Updates usually include patches. Updates can also serve to adapt the software to changed legal requirements.
3. Updates will be made available to the customer by providing them on a server accessible via the Internet. The customer will inform himself about existing updates there.
4. The installation of updates as well as support and consulting services are not owed by us. Such services can be obtained from us via separate agreements.
5. We will provide updates to the customer when they are available to us ready for use and tested. The customer has no right to demand that updates be provided on specific dates or within specific time periods. The provision of new generations of the software with different and new functions is not included in updates, unless otherwise specified in the contract with the customer or in exceptional cases.
6. The usual period of use and application results from the product description or the technical data. It shall amount to at least the statutory or agreed warranty period or a warranty period guaranteed by us. The customer is at liberty to prove a longer period of use and application.
   

9. Industrial property rights and copyrights

(1) Insofar as software is a component of the goods, the customer is granted the non-exclusive right to use this supplied software in connection with the use of the goods.

(2) The Customer shall not be entitled to make copies of the Software, except for the purpose of use pursuant to Section 8 (1) or for backup purposes.

(3) The Customer may only transfer the rights granted to it in the Software to a third party if at the same time the ownership of the relevant product (in particular hardware product) is transferred to such third party and the Customer does not retain any copies of the Software.

(4) We are in no case obliged to disclose the source code of the software.

10. Liability

(1) Claims for damages on the part of the customer are excluded unless otherwise stipulated below. We shall also not be liable (irrespective of the legal grounds) for damage that is not typically to be expected in the normal use of the goods. Our liability is also excluded for damages from loss of data, insofar as these result from the fact that the recovery is not possible or is made more difficult due to missing or insufficient data backup. The above exclusion of liability shall also apply in favor of our legal representatives and vicarious agents if the customer asserts claims against them.

(2) Excluded from the exclusion of liability pursuant to Section 9 (1) are claims for damages due to injury to life, limb, health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. we must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Insofar as liability for damage to property and financial loss exists on the merits according to this paragraph and is based on the violation of essential contractual obligations, it is, however, limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract.

(3) Also excluded from the exclusion of liability is liability for guaranteed characteristics within the meaning of § 444 BGB (German Civil Code) as well as for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(4) The provisions of the German Product Liability Act (ProdHaftG) shall remain unaffected.

11. Right of withdrawal

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which we inform about below in accordance with the statutory provisions. The exceptions to the right of withdrawal are governed by Section 10 (2). A sample cancellation form is provided in Section 10 (3).

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Digades GmbH Digitales und analoges Schaltungsdesign, Äußere Weberstraße 20, 02763 Zittau, e-mail: service@tilsberk.com, telephone: (0 35 83) 57 75-0, fax: (0 35 83) 57 75-111) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
 

- End of the cancellation policy -

(2) When exercising the right of withdrawal, the following exceptions must be observed:

1 Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, a right of withdrawal does not exist for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

2. special information on the premature expiry of the right of withdrawal
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal shall expire prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of audio or video recordings or computer software in sealed packaging, your right of withdrawal shall expire prematurely if the seal has been removed after delivery.

(3) Model for the withdrawal form

If you want to cancel the contract, please fill out this form and send it to us.

Digades GmbH Digital and analog circuit design

Outer Weber Street 20

02763 Zittau

Email: [email protected]

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:

(We kindly ask you to exactly designate the items with item number here. This is not required by law, but it will help us to better process your request. Thank you very much)

Ordered on... (*)/received on... (*)

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case of notification on paper):

Date:

(*) Please delete where inapplicable.

12. Data protection

Digades GmbH Digital and analog circuit design, Äußere Weberstraße 20, 02763 Zittau, e-mail: [email protected], phone: (0 35 83) 57 75-0, fax: (0 35 83) 57 75-111) processes your data as the responsible party for the performance of the contract (Art. 6 para. 1 lit. b DSGVO) and for advertising purposes (Art. 6 para. 1 lit. f DSGVO). You can object to the processing of your address at any time. Consents granted can be revoked at any time. To exercise your rights, please contact the above address, Data Protection Department, or by e-mail to. [email protected]. Detailed information on data protection can be found on the Internet: https://tilsberk.com/policies/privacy-policy.

13. Battery Act and Electrical Equipment Act

(1) Note on the disposal of used batteries, § 18 of the Battery Act (BattG).

The following notice is addressed to those who use batteries or products with built-in batteries and no longer resell them in the form delivered to them (end users):

1. free take-back of used batteries

Batteries must not be disposed of with household waste. You are legally obligated to return used batteries so that proper disposal can be ensured. You can return used batteries to a municipal collection point or to your local retailer. As a distributor of batteries, we are also obliged to take back used batteries, although our take-back obligation is limited to used batteries of the type that we carry or have carried in our range as new batteries. You can therefore either return used batteries of the aforementioned type to us with sufficient postage or hand them in directly to our dispatch warehouse at the following address free of charge: Äußere Weberstr. 20, 02763 Zittau,

2. meaning of the battery symbols

Batteries are marked with the symbol of a crossed-out trash can (see below). This symbol indicates that batteries must not be disposed of in household waste. For batteries containing more than 0.0005 mass percent mercury, more than 0.002 mass percent cadmium, or more than 0.004 mass percent lead, the chemical name of the respective pollutant is located below the trash can symbol - where "Cd" stands for cadmium, "Pb" stands for lead, and "Hg" stands for mercury."

(2) Instructions for the disposal of electrical and electronic equipment, § 18 ElektroG

In accordance with the law on the marketing, return and environmentally sound disposal of electrical and electronic equipment (ElektroG), we inform you of the following:

1. Electrical and electronic equipment that has become waste is considered old equipment. Owners of WEEE must dispose of it separately from unsorted municipal waste. Old appliances must therefore not be disposed of with household waste; they are therefore marked with the symbol of a crossed-out dustbin shown in item 12 (1) 2.
2. Owners of waste equipment shall separate waste batteries and accumulators that are not enclosed in the waste equipment from the latter before handing them over at a collection point, unless the waste equipment is handed over to public waste management authorities and separated from other waste equipment there for the purpose of preparation for reuse.
3. Owners of old appliances from private households can hand them in at the collection points of the public waste disposal authorities or at the take-back points set up by the manufacturers or distributors within the meaning of the ElektroG. An online directory of collection and return points can be found here: https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen.jsf
4. Old devices, especially information technology and telecommunications devices such as computers and smartphones, may contain personal data. The owner is responsible for deleting this data on such old devices before they are disposed of. 

14. Applicable law and place of jurisdiction

(1) The purchase contract existing between us and the customer shall be governed by the law of the Federal Republic of Germany, subject to mandatory international private law provisions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If, however, the customer is a consumer and has his habitual residence in another country, he shall retain protection under the relevant provisions of the country of residence, which may not be deviated from by agreement.

(2) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in (place) shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.