General Terms and Conditions concluded between think about IT GmbH, Gesundheitscampus-Süd 19, 44801 Bochum, Tel: +49 234 333 6721-0, registered in the Commercial Register of the Bochum District Court under HRB/A B 11208, represented by Dipl. jur. Peter Rados, VAT Identification No.: DE814837991 - hereinafter referred to as the "Provider" - and the customer of think about IT GmbH - hereinafter referred to as the "Customer".

Table of Content
1. Scope of Application, Definitions
2. Conclusion of Contract
3. Delivery, Availability of Goods
4. Additional Terms for the Purchase of Goods, Especially Software or Digital Products and Goods with Digital Elements
5. Retention of Title
6. Prices and Shipping Costs
7. Payment Terms
8. Warranty for Defects, Guarantee
9. Liability
10. Right of Withdrawal
11. Customer Account Processing of Personal Data
12. Additional Terms for Customization of Goods According to Customer Specifications
13. Promotional Voucher/Discount Code
14. Final Provisions

§ 1 Scope of Application, Definitions

(1) These General Terms and Conditions of the Provider in their version valid at the time of the order shall exclusively apply to contracts concluded between think about IT GmbH (hereinafter "Provider") and the Customer (hereinafter "Customer") via the online shop. The Customer is hereby informed that different terms and conditions of the Provider may apply to services not related to the online shop. Deviating terms and conditions of the Customer will not be recognized, unless the Provider expressly agrees to their applicability in writing. (2) The Customer is considered a consumer if the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or a legal partnership acting in the exercise of their commercial or self-employed professional activity when concluding the contract.

§ 2 Conclusion of Contract

(1) The presentation and promotion of goods, particularly on the provider's website and in the online shop, does not constitute a binding offer to conclude a purchase contract, but rather an invitation to the customer to order the products described there. A contract is generally concluded with the provider's declaration of acceptance (order confirmation) or by the delivery of the ordered goods. (2) When placing an order via the online shop, the customer can select products from the provider's range, particularly hardware (e.g., computers, laptops, etc.), and collect them in a so-called shopping cart by clicking the "add to cart" button. By clicking the "place order with obligation to pay" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and modify the data at any time. However, the offer can only be submitted and transmitted if the customer explicitly accepts the terms and conditions (opt-in) by clicking on the confirmation box and thereby includes them in their offer. The customer is bound to the order for two (2) weeks after submitting it. The right to revoke the order according to § 10, if applicable, remains unaffected.

(3) After the customer places an order in the online shop, the provider sends an automatic confirmation of receipt via email, which lists the customer's order again and can be printed using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded when the provider submits a declaration of acceptance, which is sent via a separate email (order confirmation). In this email or a separate email, but no later than upon delivery of the goods, the provider sends the contract text (consisting of the order, the general terms and conditions, and the order confirmation) to the customer on a durable medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.

(4) Furthermore, the customer can also submit an offer in writing, by phone, by fax, or via email to the provider. In this case, the general terms and conditions also become part of the contract.

(5) The contract is concluded in the German language.

§ 3 Delivery, Availability of Goods

(1) The delivery times specified by the provider are calculated from the time of order confirmation, provided that payment of the purchase price has been made in advance (except in the case of invoice purchase). If no delivery time is specified for the respective goods in the online shop, or if no different delivery time is indicated, the standard delivery time is 3-5 business days. (2) If, at the time of the customer's order, no copies of the selected product are available, the provider will inform the customer immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from issuing a declaration of acceptance. In such a case, no contract will be formed. (3) If the product specified by the customer in the order is only temporarily unavailable, the provider will likewise inform the customer immediately in the order confirmation. (4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can specify a delivery address in the same country: Germany.

§ 4 Additional Terms for the Purchase of Goods, especially Software or Digital Products and Goods with Digital Elements

(1) The provider also offers software in the online shop, either as a standalone product or as part of other goods. This software may be sold independently or bundled with hardware (OEM). The respective software (program and user manual) is legally protected. All copyrights, patent rights, trademark rights, and other intellectual property rights to the software, as well as any other objects that the provider makes available to the customer during the contract initiation and execution, are held exclusively by the provider or its suppliers. In cases where the rights belong to third parties, the provider holds the necessary exploitation rights. Under no circumstances is the provider obligated to disclose the source code of the software.

(2) Upon full payment of the purchase price, the provider grants the customer a non-exclusive right to use the software within the contractually agreed scope. If a license key is provided, it serves to facilitate proof of the customer's authorization. Mere possession or use of the key does not grant the right to use the software. Such a right arises only from an agreement with the provider or a legal provision.

(3) If the customer is a consumer, the quality of the goods is governed by statutory provisions, unless a valid (negative) quality agreement has been made. If the customer is a consumer, the statutory provisions for goods with digital elements and digital products apply.

(4) If the customer is an entrepreneur, the provider is only obligated to provide updates or upgrades if such obligations have been expressly agreed upon.

(5) Any installation of the software will be carried out by the customer, unless the parties have explicitly agreed otherwise. The provider is not obligated to offer training for the use of the software.

(6) The software may be subject to the licensing and usage terms of the respective manufacturer or the provider. These terms are typically included with or accompanying the software. The customer must accept and comply with the licensing and usage terms provided in order to use the software.

§ 5 Retention of Title

(1) Until full payment is made, the delivered goods remain the property of the provider. (2) If the customer is an entrepreneur within the meaning of § 14 BGB, the following additional provisions apply: a) The provider retains ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the goods subject to retention of title, the goods may not be pledged or transferred as security. b) The customer is entitled to resell the goods in the ordinary course of business. In such a case, the customer hereby assigns all claims arising from the resale in the amount of the invoice total to the provider. The provider accepts the assignment, but the customer remains authorized to collect the claims. If the customer fails to meet its payment obligations properly, the provider reserves the right to collect the claims directly. c) In the event of the combination or mixing of goods subject to retention of title, the provider acquires co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing. d) The provider undertakes to release the securities to which it is entitled upon the customer’s request, insofar as the realizable value of the securities exceeds the secured claims by more than 10%. The provider shall select the securities to be released.

§ 6 Prices and Shipping Costs

(1) All prices listed on the provider's website are inclusive of the applicable statutory value-added tax. Customs duties and similar charges are borne by the customer. (2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal. For orders with a total value of 800.00 EUR or more, the provider will deliver to the customer free of shipping charges. (3) The shipment of goods is carried out by postal service. The shipping risk is borne by the provider if the customer is a consumer. (4) In the event of a withdrawal, the customer is responsible for the direct costs of the return shipment.

§ 7 Payment Terms

(1) The customer may make payments via PayPal, bank transfer or credit/debit card. (2) Payment by invoice is generally only available to public entities (schools, universities, and government agencies). If the customer is a business entity, payment by invoice will be granted starting from the third successful order or following a positive credit check. The cost of the credit check (approximately 25 euros) must be borne by the customer. To arrange for payment by invoice, the customer must contact the provider via email or telephone. (3) Payment of the purchase price is due immediately upon conclusion of the contract. If a payment due date is determined by the calendar, the customer will be in default by missing the deadline. In such a case, the customer must pay the provider default interest of 5 percentage points above the base interest rate per year. (4) The customer’s obligation to pay default interest does not preclude the provider from asserting further claims for damages caused by the delay. For more detailed information on our payment methods, please visit: https://mynotebook.de/zahlung

§ 8 Warranty for Defects, Guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, particularly §§ 433 et seq. BGB or §§ 327 et seq. BGB. (2) If the customer is a business entity as defined by § 14 BGB, the following modifications to the statutory provisions apply: a) The agreed (express or implied) condition of the goods, including any (negative) quality agreement with the customer, is decisive for the goods' characteristics. Only the provider’s specifications and the manufacturer's product descriptions are binding with respect to the goods' condition, while public statements, promotions, and advertisements made by the manufacturer are not. b) The customer is required to inspect the goods promptly and with due care for quality and quantity discrepancies and must notify the provider of any apparent defects within 7 days of receiving the goods. Timely dispatch of the notification suffices for compliance with the deadline. This also applies to hidden defects discovered later, starting from the time of discovery. Failure to comply with the inspection and notification obligations precludes the assertion of warranty claims. c) In the event of defects, the provider may choose to remedy the defect or provide a replacement (subsequent performance). In the case of remedying the defect, the provider is not obligated to bear any increased costs that arise from transporting the goods to a location other than the place of performance, provided the relocation is not in accordance with the intended use of the goods. d) If subsequent performance fails twice, the customer may choose to demand a price reduction or withdraw from the contract. e) The warranty period is one year from the delivery of the goods. (3) An additional guarantee for the goods delivered by the provider exists only if it is explicitly stated in the order confirmation for the respective item.

§ 9 Liability

(1) Customer claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breaches of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. (2) In the event of a breach of essential contractual obligations, the provider is only liable for foreseeable, typical contractual damages if the breach was caused by simple negligence, unless the damages result from injury to life, body, or health. (3) The limitations of liability in paragraphs 1 and 2 also apply in favor of the provider’s legal representatives and vicarious agents if claims are asserted directly against them. (4) The limitations of liability arising from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed a defect or has assumed a guarantee for the condition of the goods. The same applies if the provider and the customer have agreed on the condition of the goods. The provisions of the Product Liability Act remain unaffected.

§ 10 Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling contract, about which the provider informs below in accordance with the statutory model. Exceptions to the right of withdrawal are set out in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Withdrawal Information

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. In the case of a sales contract, the withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession of the goods. In the case of a contract for several goods ordered as part of a single order and delivered separately, the withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession of the last good. In the case of a service contract or a contract for the supply of digital content not delivered on a physical data carrier, the withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (think about IT GmbH, Gesundheitscampus-Süd 19, 44801 Bochum, Tel: +49 234 333 6721 0, Email: shop@think-about.it) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we are obliged to reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a different type of delivery than the most economical standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you under no circumstances will you be charged fees for this repayment. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You are required to return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this diminished value results from handling the goods in a manner that is not necessary to examine their nature, characteristics, and functionality. (2) The right of withdrawal does not exist, pursuant to § 312g para. 2 BGB, for contracts regarding the delivery of goods that are not prefabricated and for which the consumer’s individual choice or decision is decisive, or that are clearly tailored to the personal needs of the consumer. Furthermore, it expires for contracts regarding the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery, and for contracts regarding the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery. Additionally, according to § 356 para. 5 BGB, the right of withdrawal expires for contracts regarding the provision of digital content not supplied on a physical data carrier, if the contract obligates the consumer to pay a price, and the consumer has expressly agreed that the entrepreneur may begin performance of the contract before the withdrawal period expires, has acknowledged that this agreement results in the loss of the right of withdrawal upon commencement of contract performance, and the entrepreneur has provided a confirmation in accordance with § 312f BGB. (3) The provider informs the customer about the statutory model withdrawal form as follows:

Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

To think about IT GmbH, Gesundheitscampus-Süd 19, 44801 Bochum, Email: shop@think-about.it:

I/we (*) hereby withdraw from 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

Address of the consumer

Signature of the consumer (only for communication on paper)

Date

(*) Delete as appropriate.

§ 11 Customer Account Processing of Personal Data

(1) The customer may order goods from the online shop either as a guest or as a registered user. As a registered user, the customer is not required to provide personal information for each order instead, they can log into their customer account with the email address and the password they selected during registration, either before or during the order process. Registration does not imply any purchase obligation regarding the goods offered by the provider. Information on the processing of personal data can be accessed by the customer in the provider's privacy policy, available under the following link: Privacy Policy. Upon registration, the customer selects a personal username and password.

§ 12 Additional Terms for Customization of Goods According to Customer Specifications

(1) In cases where the provider customizes or configures goods for the customer (processing) according to the customer’s specifications in addition to delivering the goods, the customer is required to provide the necessary content for implementation, such as texts, images, or graphics, in the file formats, formats, image sizes, and file sizes specified by the provider, and to grant the necessary rights. The customer is solely responsible for obtaining and securing the necessary rights. (2) The customer guarantees to the provider that no third-party rights will be violated by the provider’s processing of the goods according to the customer’s specifications (“infringement of intellectual property rights”). The customer agrees to indemnify the provider upon first request from any third-party claims arising from such violations attributable to the customer, and to cover the reasonable costs of the provider's legal defense. The provider will promptly inform the customer of any third-party claims made, and the provider is not entitled to acknowledge such claims factually or legally without the prior written consent of the customer. This indemnification obligation lapses if the provider fails to promptly inform the customer of any third-party claims. (3) The provider reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or public decency.

§ 13 Promotional Voucher/Discount Code

(1) Promotional vouchers or discount codes issued by the provider to the customer free of charge as part of marketing campaigns, with a specific validity period, and which cannot be purchased by the customer, can only be redeemed in the provider's online shop and only within the specified period set by the provider. (2) The provider may specify that the promotional voucher/discount code applies only to certain products or does not apply to certain products. This will be clearly indicated by the provider. (3) Only one promotional voucher/discount code can be redeemed per order process. Additionally, the value of the goods must at least equal the value of the promotional voucher/discount code. A payout of any remaining balance (credit) is excluded. In general, the promotional voucher or discount code cannot be paid out or earn interest. The redemption of the promotional voucher/discount code can only be made within the scope described in these terms and conditions. Even if the goods purchased using the promotional voucher/discount code are returned (e.g., in the event of a withdrawal), the customer has no claim to the refund of the promotional voucher/discount code or the amount saved by it. (4) Promotional vouchers and discount codes can only be redeemed before the order process is completed, meaning retroactive claims are excluded. (5) If the value of the promotional voucher/discount code is insufficient to cover the entire order, the remaining payment must be made according to § 7 of these terms and conditions.

§ 14 Final Provisions

(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory regulations, particularly of the state in which the customer, as a consumer, has their habitual residence, remain unaffected. (2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office. (3) The contract remains binding in its remaining parts even if individual provisions are legally invalid. In place of the invalid provisions, the statutory provisions shall apply where available. If this would cause unreasonable hardship to one of the parties, the contract will, however, become ineffective in its entirety. (4) The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr/. Our email address is: shop@think-about.it (5) The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the Consumer Dispute Resolution Act (VSBG).

Status as of October 2022