As of 2024-04-01
Section 9 Prices, terms of payment, retention of title, right of retention, set-off
(1) All prices are shown on the order page as total prices including shipping costs and taxes, where applicable, and are stated in the currency that the customer has selected himself or that is displayed on the website and available to him. When concluding the contract with consumers, the legally applicable value added tax is included in the price or shown as such.
(2) Upon conclusion of the software transfer, purchase or service contract, the Buyer will owe a consideration, licence fee or purchase price. The customer shall be provided with at least one free, reasonable means of payment. If payment by credit card is offered, this shall be subject to a positive creditworthiness check.
(3) When paying by credit card, PayPal, Konbini or Pay-easy online banking, the customer agrees that asknet GmbH or its subsidiaries asknet Inc. located at 55 Springstowne Center, #172, Vallejo, CA 94591, USA or asknet K.K. located at METLIFE Kabutocho Bldg. 3F, 5-1 Nihonbashi Kabutocho, Chuo-Ku, Tokyo 103-0026, Japan will process the payments with the relevant payment provider. Any chargeback fees incurred by the credit institutions due to the fault of the customer shall be borne by the customer.
(4) Cash on delivery payments are due upon receipt of the goods. Invoices are payable within the date stated on the invoice after receipt of the invoice.
(5) Any object of sale or service delivered or otherwise provided shall remain the property of asknet GmbH or the rights holder of the product that is the subject of the contract until payment has been made in full.
(6) The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
(7) The customer shall only have the right to offset claims if his counterclaims have been legally established or expressly recognised in writing by asknet GmbH.
Section 10 Delivery area
asknet GmbH does not deliver to any country or person if such a delivery would violate valid export laws or other legal regulations.
Section 11 Delivery time
(1) Unless otherwise stated on the product page, all products are available for immediate delivery and all services are available for immediate performance.
(2) For deliveries of goods and for the provision of services within Germany, the delivery period is a maximum of 14 days.
(3) The period begins
a) for payments by bank transfer, upon receipt of the payment by asknet GmbH.
b) for all other payment methods, upon conclusion of the contract.
c) for downloads, only after payment has been successfully made.
d) for products that require additional information from the customer for licensing, with receipt of the information requested from the customer.
(4) The period ends on the 14th day following the event mentioned in para. 3. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall apply instead of such a day.
(5) In the case of deliveries to other countries, subsections (2), (3) and (4) shall apply on condition that the order is delivered within 28 days.
(6) Events of force majeure, measures within the scope of industrial disputes and other unforeseen circumstances for which asknet GmbH is not responsible, including failure to deliver by the upstream supplier, for which asknet GmbH is not responsible, shall entitle asknet GmbH to reasonably extend delivery periods by the duration of the hindrance, but for no longer than two weeks from the date of the order. A delay shall only occur after a reasonable grace period has been set. Should the delay last any longer, the customer may set a reasonable deadline for performance and withdraw from the contract after it has expired to no avail. After the expiry of six weeks from the order, asknet GmbH shall also be entitled to withdraw from the contract. The customer's claim for damages is excluded, unless the delay is the fault of asknet GmbH.
Section 12 Terms of delivery
(1) With regard to transport, asknet GmbH shall use Deutsche Post AG for shipments within Germany or DHL or UPS for express deliveries. For shipments outside Germany, goods may be delivered by the regional postal service or, in the case of express deliveries, by DHL or UPS.
(2) asknet GmbH offers the following delivery methods:
a) Standard delivery
b) Express delivery
(3) asknet GmbH reserves the right to exclude individual shipping methods.
Section 13 Shipping costs
(1) Insofar as the service or purchased item is to be dispatched to the customer rather than being downloaded, the customer shall bear the shipping costs. It is not reasonably possible to calculate the shipping costs in advance, as they will vary depending on the delivery area and the product ordered. A precise calculation of the shipping costs and a list of all selectable shipping methods shall be made during the ordering process and shall be indicated in particular on the order page. In the case of special promotions or offers, the shipping costs may be waived in individual cases. This will also be indicated in the order process and on the order page.
(2) Where software is delivered by download, asknet GmbH shall not charge any shipping costs. The customer shall set up the remote communication connection to the asknet GmbH server (Internet connection) required for the download and shall bear the costs of use of the remote communication connection incurred in the course of the retrieval.
(3) For deliveries outside the EU, additional customs duties or costs for customs clearance as well as import duties or taxes may be incurred, which shall be borne by the customer. These costs are beyond the control of asknet GmbH. Further information can be obtained from the respective customs office.
