ds6.eu - Terms & Conditions
General Terms and Conditions (GTC)
1. General
The following General Terms and Conditions apply to all deliveries, services, and offers of ds6.eu OÜ (hereinafter referred to as ds6). Third-party terms and conditions of the contractual partners shall in no case become part of the contract, even if they are not expressly contradicted. Deviations from these General Terms and Conditions and oral agreements are only effective upon written confirmation by the management of ds6.
2. Offer and Subject Matter of the Contract
Offers from ds6 are non-binding with regard to performance, quantity, delivery periods, and ancillary services. The offer is valid only while stocks last. Illustrations of the items do not in every case correspond to the actual scope of delivery and therefore do not entitle the customer to any claims of any kind against ds6. The technical data of the products distributed by ds6 are bindingly set out in the product information.
3. Pricing
The prices of ds6 are the prices valid at the time of the order. Current rates can be requested from us. Surcharges apply for night work (50%), weekend work (100%), and public holiday activities (200%). This also applies implicitly in emergency situations where we act for you to restore your IT as quickly as possible.
Price corrections due to spelling errors or calculation errors are reserved. Unless otherwise agreed in writing with the management, prices are ex-shipping location, excluding packaging and shipping, and plus the applicable statutory value-added tax.
ds6 is entitled to an annual rate-price increase of up to 10% above the applicable inflation rate for the usual adjustment to increased costs and inflation.
3.1 Remuneration for Services
Insofar as remuneration is not agreed upon by the parties to the contract, it shall be deemed to be tacitly agreed if the service can only be expected for remuneration under the circumstances. The amount of the remuneration corresponds to the usual rates according to §612 BGB (German Civil Code) if the service was to be expected as remunerable even without a prior written or oral offer; this also extends to the creation of cost overviews that go beyond the simple determination and naming of prices for a product that is not to be configured by us according to the customer's requirements. This applies unless otherwise expressly agreed in writing. Billing is in 15-minute increments for remote services and 30-minute increments for on-site services.
Billing is usually hourly at the end of the month, quarter, or half-year, unless otherwise agreed. Invoices are deemed accepted if they are not contested in writing within 14 days of receipt.
4. Shipping and Transfer of Risk
Shipping: If the contractually and written delivery period is exceeded by more than two weeks, the customer is entitled to set a reasonable grace period of at least two weeks. Claims for compensation by the customer due to delivery delays or impossibility of delivery until the end of the set grace period are excluded. In cases of force majeure, strikes, or similar cases, as well as in the event of non-delivery by suppliers, the delivery period shall be extended by the duration of the unindebted operational disruption. If such impossibilities occur subsequently, ds6 is entitled to withdraw from the contract. The customer is not entitled to any claims for damages resulting therefrom.
Transfer of Risk: The risk of accidental deterioration or accidental loss of the delivery passes to the customer as soon as the delivery item has been handed over to the person or institution determined for the execution of the transport or has left the warehouse of ds6 for the purpose of shipping. All shipments travel at the customer's risk, even in the case of freight-free delivery.
5. Access and Maintenance
The client must ensure that ds6, depending on the agreement, is provided with the necessary access fully and without time delay at all times or at the commissioned times. The client must further ensure that ds6 is, if necessary, provided with physical access to the item to be processed and that access (e.g., through non-IT specialized tools: ladders, special screwdrivers, etc.) is granted. Effort and time delays caused by access not being provided can be charged to the client by ds6 in the usual billing.
By commissioning ds6, ds6.eu OÜ is automatically authorized to perform necessary updates – if necessary at a reasonable frequency (bi-weekly/monthly) – to ensure the security and functionality of the systems.
6. Retention of Title
All goods of ds6 remain our property until full payment and settlement of all claims from business relations of any kind. For workpieces, documentation, etc., we reserve a right of retention until settlement.
7. Material Defects and Warranty
Claims for warranty due to a material defect expire within one year from the start of the statutory limitation period. For only insignificant deviations of the services of ds6 from the contractual quality or usability, there are no claims for material defects. Furthermore, there are no claims for defects in the case of excessive or improper use, natural wear and tear, failure of components of the system environment, or damage caused by operating and maintenance errors. Claims for defects are especially excluded if the buyer has changed the product in its essential functions themselves or through third parties.
Obvious defects in the goods must be contested in writing immediately after receipt. Hidden defects must be communicated in writing within a period of three days after discovery. If defects are not notified in time, the goods are deemed accepted and approved.
The products sold by ds6 may only be used for the purposes mentioned in the product information. If defects arise from the use of unsuitable consumables and software, ds6 assumes no warranty. The customer has the sole responsibility for ensuring that the data has been backed up beforehand.
8. Payment
All invoices are to be settled within eight days after delivery, unless determined otherwise. For initial orders or particularly large order volumes, payment in advance is deemed to be agreed. If significant deteriorations occur in the assets of the customer that justify doubts about their solvency, ds6 is entitled to withdraw from the contract or to retain the delivery.
9. Limitations of Liability
ds6 is liable in cases of intent or gross negligence according to the legal provisions. Otherwise, ds6 is liable only for injury to life, body, health, or due to the culpable violation of essential contractual obligations.
ds6 is in no way liable for the recovery of data, but only for the effort required for the restoration of data with proper data backup by the customer.
10. Data Protection
ds6 stores and uses the personal data of customers to process orders and any complaints. ds6 guarantees compliance with the requirements of the data protection regulations.
11. Place of Jurisdiction and Place of Performance
The place of jurisdiction is generally Tallinn, in Germany Ulm; the choice of jurisdiction is at the discretion of ds6. The place of performance is the respectively commissioned seat of ds6.
12. Language and Applicable Law, Ancillary Agreements
The applicable contract language is German or English, the applicable law is German law, subordinate to Estonian law. Ancillary agreements are only valid in writing.
13. Severability Clause
Should individual provisions of this agreement be or become ineffective, this shall not affect the validity of the remaining content of the contract. The provision that has become invalid shall be replaced by a regulation that comes as close as possible to the economic purpose of the vanished provision.