I. Scope

Contracts with us, VarioTek GmbH, are only agreed under the following general terms and conditions (GTC), unless we agree with you, the specialist dealer (hereinafter referred to as such), in detail agree otherwise. Our general terms and conditions also apply to all future business relationships, even if they are not expressly agreed again. These conditions are deemed to have been accepted at the latest upon receipt of the goods or services.

Confirmations on your part with reference to your terms and conditions are hereby contradicted. Your general contractual conditions will only become part of the contract if they have been expressly accepted by us.

II. Conclusion of the contract

The contract is concluded through your order and our delivery of the goods. Your contractual partner is the

VarioTek GmbH, represented by the managing director Karim Kabir Wiesenstraße 21A, 40549 Düsseldorf

Your order is merely an offer to conclude a contract. Our offers are non-committal and non-binding. Declarations of acceptance and all orders require written or telex confirmation from us to be legally valid. Drawings, illustrations, dimensions, weights, shape and color information, calculations or other performance data are only binding if this is expressly agreed in writing. We reserve ownership and copyright to cost estimates, drawings, photographs, calculations and other documents; They may not be made accessible to third parties.

III. Delivery / transfer of risk

Delivery dates or deadlines that can be agreed upon in a binding or non-binding manner must be in writing.

Delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible, not just temporarily - this includes, in particular, strikes, lockouts, official orders, etc ., even if they occur with our suppliers or their sub-suppliers - we are not responsible for bindingly agreed deadlines and dates. You entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled.

If the hindrance lasts longer than three months, the specialist retailer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part that has not yet been fulfilled. If the delivery time is extended or we are released from our obligation, the specialist retailer cannot derive any claims for damages from this. We can only rely on the circumstances mentioned if we notify the specialist dealer immediately.

If we are responsible for non-compliance with bindingly agreed deadlines and dates or if we are in default, the specialist retailer is entitled to compensation for delay of 3% for each completed week default, but in total up to a maximum of 15% of the invoice value of the deliveries and services affected by the default. Any further claims are excluded unless the delay is due to at least gross negligence on our part. We are entitled to make partial deliveries and partial services at any time, unless the partial delivery or partial service is not of interest to the specialist dealer.

Compliance with our delivery and service obligations requires the timely and proper fulfillment of the specialist dealer's obligations. If the specialist dealer defaults on acceptance, we are entitled to demand compensation for the damage we incur; When the delay in acceptance occurs, the risk of accidental deterioration and accidental loss passes to the specialist retailer.

The risk is transferred to the specialist retailer at the latest when the goods are dispatched, even if partial deliveries are made or if we provide other services, e.g. B. have covered the shipping costs. If shipping is delayed due to circumstances for which we are not responsible, the risk passes to the specialist retailer from the day the item is ready for shipping. BecomesIf shipping is delayed at the request of the specialist retailer, the risk is transferred to the retailer upon notification of readiness for shipping.

IV. Prices / Payment

Unless there is a special agreement, the prices we confirm are ex works plus the applicable statutory sales tax, but excluding packaging, freight, postage and insurance.

If a significant change in the price factors occurs after the contract has been concluded, in particular materials, supplier parts, wages, social security contributions, energy costs, sales and traffic taxes or customs duties, we are entitled to change the changes in the order confirmation to increase the above-mentioned prices accordingly for goods that are to be delivered more than four months after the conclusion of the contract. If the price increase is more than 5% of the price stated in the order confirmation, the specialist retailer is entitled to withdraw from the contract within two weeks of notification of the price change.

Unless otherwise agreed, our invoices are payable without deductions 10 days after invoicing. If we become aware of circumstances that call the creditworthiness of the specialist dealer into question, in particular if the specialist dealer does not cash a check or stops payments, we are entitled to demand that the entire remaining debt is due, even if we have accepted checks. In this case, we are also entitled to demand advance payments or security. The specialist retailer is only entitled to offset, retain or reduce the amount, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. However, the specialist retailer is also entitled to withhold due to counterclaims arising from the same contractual relationship.

V. Warranty conditions / liability

The specialist retailer must report obvious defects in writing within one week of receiving the goods. Defects are obvious if they are recognizable without careful inspection of the goods. After the deadline has expired, the specialist retailer can no longer assert warranty claims due to obvious defects. The statutory limitation period applies to non-obvious defects.

Our liability for damages in the event of breach of essential contractual obligations as well as tortious acts is limited to typically occurring and foreseeable damages, unless we are guilty of gross negligence or intent. The same applies if our legal representatives or vicarious agents act and cause damage. Our liability for damages and that of our legal representative or vicarious agent in the event of a breach of secondary obligations is excluded, unless we, our legal representative or vicarious agent are guilty of gross negligence or intent. The limitation and exclusion of our liability for damages does not apply to damage to body, health or loss of life.

In all other respects, the statutory warranty rights apply.

VI. Retention of title

The goods sold remain our property until the purchase price has been paid in full. When the last installment is paid, ownership of the goods is immediately transferred to the specialist retailer.

The specialist dealer is entitled to process and sell the reserved goods in the normal course of business as long as he is not in default. Pledges or collateral assignments are inadmissible. The specialist dealer hereby assigns to us in full the claims arising from the resale or any other legal reason (insurance, tort) relating to the reserved goods (including all balance claims from current accounts) as security. We revocably authorize the specialist dealer to collect the claims assigned to us for his account in his own name. This collection authorization can only be revoked if the specialist retailer does not properly meet its payment obligations.

Should a third party assert rights to the goods subject to retention of title through confiscation or seizure, the specialist retailer is obliged to immediately notify the third party in writing of the fact of our ownership and to inform us immediately in writing.< /p>

VII. Other provisions

The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between us and the specialist retailer. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

As far as the companyIf the dealer is a merchant, a legal entity under public law or a special fund under public law, Düsseldorf is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

Should a provision in these terms and conditions or a provision within the framework of other agreements be or become ineffective, this will not affect the effectiveness of all other provisions or agreements.

The specialist retailer agrees that we may store data relating to him to the extent that it is necessary for the proper processing of the orders.

§ 1 Scope

These General Terms and Conditions (GTC) apply to all contracts between us and our customers in the online shop www.variotek.de/ www.trackilive.com unless otherwise agreed or legally binding is prescribed. The general terms and conditions apply exclusively. We do not recognize any conflicting conditions of the buyer. The shop is subject to the regulations of the warning protection letter and is a verified online shop.

§ 2 Contractual partners

The purchase contract is concluded with VarioTek GmbH, represented by the managing director Karim Kabir, Wiesenstraße 21 a, 40549 Düsseldorf.

§ 3 Customer service hours

You can reach customer service for complaints, complaints, questions and tips on weekdays from 10 a.m. to 3 p.m.,

on the telephone number: +49 (0) 211 – 508630 – 0 by fax on the number: +49 (0) 211 – 508630 – 29 and by email on: info@trackilive.com

§ 4 Conclusion of the contract

The product images in the online shop represent an invitation to submit a purchase offer. Individual products can be placed in the shopping cart by clicking the “Shopping Cart” button and, if necessary, removed again using the delete function . Input errors can be corrected at any time before completing the ordering process using the usual keyboard and mouse functions. By entering your personal data and confirming that you have read our general terms and conditions and data protection information and accept both and clicking the “Buy” button in the final step of the ordering process, a binding order is placed for the goods contained in the shopping cart.

Confirmation of receipt of the order takes place immediately after it has been sent by email. This does not constitute acceptance of the contract. Rather, the contract is accepted by sending an order confirmation by email or by delivering the goods within five working days. If you do not receive the order confirmation or delivery of goods within five working days, you are no longer bound to your order. Input errors can be identified before the final submission of the offer by checking the summary order overview and corrected after pressing the browser's "Back" button on the previous page.

§ 5 Prices and shipping costs

The prices stated on the product pages are final prices. They include statutory VAT and other price components. The shipping costs are to be paid separately by you. The exact amount of the costs incurred will be displayed during the ordering process and can be found under the “Shipping costs” link in the shipping costs table. Additional customs duties and taxes may apply for deliveries outside the EU.

§ 6 Payment methods

You have the following payment options: bank transfer, PayPal.

For the payment methods bank transfer or transfer via PayPal, payment is due immediately after conclusion of the contract. Once the purchase price has been received, the items will be delivered to the customer. If you pay via PayPal by credit card or direct debit, your account will be debited after conclusion of the contract.

§ 7 Delivery, delivery conditions

Delivery takes place via shipping to the delivery address you provided. Please refer to the information for the respective product for the delivery time.

§ 8 Transport damage

Once an item is delivered to you, the obvious trIf there is any shipping damage, please complain to the delivery person immediately and let us know. If you do not do this, there will be no consequences for your statutory warranty rights; this only serves to make it easier for us to enforce any claims against the transport company.

§ 9 Storage of the contract text

We save the order data and the contract text. When the order is completed, the contract text is no longer accessible via the Internet for security reasons. You can use your browser's print function to save the text yourself. You can view the terms and conditions on this page at any time.

After completing the order, the order details and the general terms and conditions including the cancellation policy and the cancellation form will be sent to you by email.

§ 10 Warranty/Guarantee

The warranty is in accordance with the statutory provisions.

We do not provide any guarantees for our products. Manufacturers regularly provide guarantees on their products, which are usually valid for 24 months. The details can be found in the manufacturer's warranty conditions, which are included with the delivery of the goods. This does not limit your warranty rights towards us. You can therefore contact us at any time if there are defects in the item, regardless of whether you have made use of the manufacturer's guarantee within the framework of the statutory warranty provisions.

If internet functions and/or GPS technology are required for the use of our products (hardware and/or software), we have no influence on the functionality of either and are therefore closing any liability in this respect. Claims for reimbursement of subscription fees are also excluded.

§ 11 Final provisions

The law of the Federal Republic of Germany applies. The regulations regarding the UN Convention on Contracts for the International Sale of Goods do not apply. This choice of law only applies to consumers to the extent that it does not deprive them of more favorable provisions of the law of the country in which they have their habitual residence. The contract language is German.

If a provision of these general terms and conditions is ineffective, the rest of the contract remains effective. The relevant statutory provisions apply in place of the invalid provision.