1. General, scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts, deliveries and other services of ConcR GmbH (hereinafter referred to as “ConcR”), concerning the online shop https://concr.de/shop/ and all sub-domains belonging to the domain in the version valid at the time of the order. Deviating regulations of the customers do not apply unless ConcR has confirmed this in writing. Individual agreements between ConcR and the customers always take precedence.
1.2 These GTC apply to all ConcR products unless a differentiation is made in the respective clause.
1.3 In the case of current terms and conditions, these GTC always form the basis of the individual contracts, even if the customer has not been expressly referred to them in the individual case. If individual provisions of the following terms and conditions are contractually amended or if they are invalid, this shall not affect the validity of the remaining provisions.
1.4 These GTC apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB).
2. Contents of the contract, offers, conclusion of the contract
2.1 ConcR offers its customers various products in the online shop (www.concr.de/shop), primarily ConcR sensors (ConcR Embedded and ConcR Reusable) and the ConcR software, for purchase and/or rental. The ConcR software is operated by ConcR as a SaaS solution (“Software as a Service”).
2.2 The presentation of ConcR products in the online shop does not constitute a legally
binding offer, but an invitation to place an order. All offers are valid “while stocks last” unless otherwise stated with the ConcR products.
2.2.1 By clicking on the button [order with obligation to pay], the customer submits a binding offer to order the ConcR products in the shopping basket. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to go back to the shopping basket or cancel the order process altogether. Required information is marked with an asterisk (*). ConcR then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by ConcR and does not constitute acceptance of the offer. The contract is only concluded when ConcR has confirmed the dispatch of the ConcR sensors to the customer within 3 working days with an express order confirmation by e-mail.
2.2.2 The customer may also contact ConcR by telephone, e-mail or fax to enquire about a particular product. Upon receipt of such an enquiry, ConcR shall submit a corresponding offer to the customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.
3. Prices, Value Added Tax, Shipping Costs, Payment
3.1 For orders placed via the online shop, the prices stated there shall apply in the version valid at the time of the order. All prices are exclusive of the statutory value added tax.
3.2 The prices do not include shipping and packaging costs, about which the customer will be informed on a separate information page “Shipping & Delivery” or within the respective product description. For deliveries to non-EU countries, additional customs duties, taxes and fees may apply.
For orders outside the online shop, the prices stated in ConcR’s offer shall apply, also including shipping costs.
3.3 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process: Prepayment (by bank transfer, EC card / direct debit) or on account. If the customer chooses payment in advance, payment shall be due no later than 14 calendar days after conclusion of the contract. In the case of delivery on account, payment shall be due no later than 14 calendar days after invoicing.
3.4 If a customer defaults on its payment obligations, ConcR may claim damages in accordance with the statutory provisions and/or withdraw from the contract.
3.5 ConcR shall always issue the customer with an invoice, which shall be handed over to the customer upon delivery of the ConcR products or otherwise received in text form.
4. Delivery of ConcR Sensors
4.1 Unless otherwise contractually agreed, the ordered ConcR sensors shall be delivered to the address specified by the customer. The delivery shall be made from ConcR’s warehouse. Information provided by ConcR on the delivery period is non-binding, unless the delivery date has been bindingly promised by ConcR in exceptional cases.
4.2 Unless expressly agreed otherwise, ConcR shall dispatch any ConcR sensors in stock within 7 working days of the conclusion of the contract.
4.3 ConcR reserves the right to make a partial delivery if this appears to be advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries shall not be charged to the customer.
4.4 If the ConcR product ordered is not available because ConcR is not supplied with this product by its supplier through no fault of its own, ConcR may withdraw from the contract. In this case, ConcR shall inform the customer immediately and reimburse any consideration already paid without delay.
4.5 If the customer is in default of acceptance or culpably violates other duties to cooperate, ConcR shall be entitled to demand compensation for the damage incurred in this respect, including any additional expenses. ConcR reserves the right to assert further claims.
5. Use of software, customer’s duty to cooperate
5.1 ConcR shall provide the customer with the use of the ConcR software in the respective current version for the digital monitoring of its measurement data. Any requests by the customer with regard to new functions are not part of these GTC.
5.2 A prerequisite for the functionality of ConcR products is the existence of an NB-IoT or LTE-CatM network in the respective area of use. Customers will be informed about the existence of a network on a separate information page or within the respective product description.
5.3 The customer is responsible for the online registration and activation of the ConcR sensors. For this purpose, ConcR will send the customer the access data for using the ConcR software by e-mail. The customer shall keep the access data provided to him/her secret and ensure that employees to whom access data is provided do likewise. ConcR’s performance may not be made available to third parties unless this has been expressly agreed by the parties.
5.4 It is the sole responsibility of the customer to evaluate the measurement data provided by the ConcR sensors and software.
5.5 The customer is not entitled to make any changes to the ConcR products.
6. Retention of title, return of ConcR sensors
6.1 Purchase contract When a ConcR sensor is purchased, the property remains the property of ConcR until full payment has been made.
6.2 Rental contract If a ConcR sensor is provided by way of rental, ownership remains with ConcR. The customer shall ensure that the ConcR sensors are used exclusively for the contractual purpose and shall be liable for any damage caused to the ConcR sensors by non-contractual use. The customer shall return the ConcR sensors to ConcR’s place of business at its own expense after termination of the contract, but within 10 working days (hereinafter “return period”). If the return does not take place or is incomplete during the return period, ConcR will charge the corresponding purchase price per monitoring device, less the monthly instalments already paid.
7. Offsetting, right of retention
The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by ConcR. The customer may only exercise a right of retention if the claims result from the same contractual relationship
8. Liability, Exclusion of Warranty, Statute of Limitations
8.1 ConcR shall be liable for damages to the customer caused intentionally or by gross negligence, which are the result of the non-existence of a guaranteed quality, which are based on a culpable breach of essential contractual obligations (so-called cardinal obligations), which are the result of culpable injury to health, body or life, or for which liability is provided for under the Product Liability Act, in accordance with the statutory provisions.
8.2 ConcR shall only be liable for property damage and financial loss caused by slight negligence in the event of a breach of such obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and the fulfilment of which the customer may rely on to a particular extent (“material contractual obligations”), but limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract. Any further claims, in particular for loss of profit or for other financial losses, are excluded. 8.3 In all other respects, liability – on whatever legal grounds – is excluded.
8.4 Additional provision for rental agreements (ConcR Reusable) Any strict liability of ConcR for initial defects of the ConcR sensors or the ConcR software (§ 536a para. 1 BGB) is excluded.
8.5 All claims of the customer – for whatever legal reasons – are subject to a limitation period of 12 months.
9. Term of contract, termination
9.1 The term of the contract results from the order confirmation. Unless otherwise stipulated in the order confirmation, the initial term shall be 12 months, commencing on the date stated in the order confirmation.
9.2 The initial term shall be automatically extended by 12 months (hereinafter: extension period) if the contract is not terminated by one of the contracting parties 4 weeks before the expiry of the initial term. For further extension periods, the above rules shall apply accordingly.
9.3 During the initial term and during each extension period, the ordinary termination of the contract is excluded. The right to extraordinary termination of the contract without notice for good cause remains unaffected.
9.4 Any termination must be in text form (e-mail is sufficient).
10. final provisions
10.1 The contract concluded between the customer and ConcR, the provisions of these General Terms and Conditions as well as all rights arising from or in connection with them are exclusively subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and those norms of international private law which lead to the application of the law of a country other than Germany.
10.2 The exclusive place of jurisdiction for all disputes arising from or in connection with the contract and these GTC is ConcR’s place of business.
10.3 Should a provision in these GTC or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. The contracting parties shall be obliged to replace the invalid provision with a provision that is as economically similar as possible.