After Sales Europe Portal

General terms and conditions of trade (GTCT)

§ 1 Validity and definition of terms

1.) The following general terms and conditions of trade apply to all business relations between customers and the After Sales Europe GmbH (hereinafter referred to as ASE) in the current version at the time of placing an order.

2.) Customers can be consumers in accordance to § 13 of the German Civil Code (BGB) as well as entrepreneurs in accordance to § 14 BGB.

3.) Customers know that the current version of general terms and conditions of trade can be viewed and called up at any time at the homepage www.aftersales.eu. It is regarded as published. On demand ASE will send the current version of the general terms and conditions of trade to the customer.

4.) ASE does not recognize objecting general terms and conditions of trade by customers. These conditions will not be included in the contract. Amendments and supplements to these general terms and conditions of trade will be effective only if confirmed in writing for the specific contract or towards the customer, by ASE.

§ 2 Offers and conclusion of contract

1.) The offers of ASE are always non-binding and without commitment unless ASE confirms its commitment. Amendments of the offered goods and services particularly technical modifications, drawings, images, specification of services or other service data are only binding if this is expressly agreed in writing.

2.) By ordering the goods or the services the customer bindingly declares his wish to purchase the ordered good or service and accepts all following general terms and conditions of trade. An order of a customer is considered as an offer by conclusion of a contract. ASE reserves itself the right to accept or reject this offer within two weeks of receipt. Within this period customers are bound by their offer. Acceptance shall either be declared in writing or implicitly by starting the ordering or service activities.

3.) Verbal agreements or stipulations about modifications of the contract must be confirmed in writing.

4.) If goods or services are ordered by electronic means, ASE will confirm the receipt of the order immediately. An order confirmation does not stand for a binding acceptance, however the confirmation of the receipt of the order may be combined with the declaration. In the case of electronic orders of goods and services, the contract will be saved by ASE and will be sent by e-mail to the customer on demand.

5.) The conclusion of the contract takes place by customers who are entrepreneurs subject to its correct and punctual delivery from ASE´s suppliers. This only applies when non-delivery is not the responsibility of ASE specially if a congruent covering transaction is concluded with the supplier. Customers will be informed immediately about non-availability of the services or products. Any already provided consideration will immediately be reimbursed.

§ 3 Prices, Payment, Terms of Payment and special provisions

1.) The goods to be supplied and the services to be provided by ASE, are conclusively described and defined at the respective service description of the declaration of acceptance. All prices in price lists and quotations are net prices. Additional deliveries and services shall be calculated separately.

2.) Unless otherwise agreed, payment of the remuneration falls due on receipt of the invoice. Deviating periods for payment will be shown in the invoice. Payments have to be made exclusively to ASE. Payment shall only be considered settled when ASE is able to dispose of the amount. In the case of checks the payment is considered settled when the check has been cashed.

3.) If at the time of delivery the price of the currently valid list price is higher than the price agreed with the customer, this higher price is valid, in case that the delivery takes place three months after contract date, for reasons and responsibility of the customer, unless expressly agreed otherwise or unless the quotation has already been invoiced and paid.

4.) ASE shall be entitled further than to the agreed payment to the reimbursement of the necessary expenses for the fulfillment of the contractual execution of its services, especially travel and subsistence expenses. These items are reported separately in the contract.

5.) If during the contractual relationship the services of third parties are required, these services are considered complementary services. In this case the customer can either implement these services for himself or he can place the corresponding order for chargeable services with ASE.

6.) For each test or repair order, which is not an insurance case, ASE charges the deductibles agreed with the insurer, at least however 35,00 euro for mobile phones, 65,00 for Apple notebooks and 100,00 for notebooks of other manufacturers. The above amount is charged even if the device is reclaimed back untested and unrepaired.

7.) Devices with unanswered quotation get a written reminder and are returned after a period of 4 weeks against payment. In this case the valid prices are the ones mentioned in the above paragraph plus postal rates. If the sender is a retailer (entrepreneur) the invoicing takes place through the settlement account. If the sender is an end customer (consumer) the invoicing takes place through cash on delivery. If the acceptance of a cash-on-delivery is refused and the device is returned to ASE, the customer declares his agreement to the proper disposal of the device, free of charge for the customer. The customer will be informed in writing about a pending delivery and the consequences of refusing to accept the delivery.

8.) ASE retains for a period of four weeks, devices that are in status of clarification like for example, back dues, uninsured devices, cancelled insurance contracts. During this period ASE writes to the customer in order to get a clarification. If the clarification cannot be achieved due to the absence of reaction by the customer, the customer declares its agreement to the proper disposal of the device, free of charge. The customer will be informed in writing about the clarification status and the consequences of an absence of information.

9.) For service, devices should be sent in without SIM Card. In case of noncompliance, ASE does not assume liability.

§ 4 Period of delivery and performance

1.) The periods of delivery and performance are only an indication about the earliest possible delivery and performance. They are not however a calendar-based contract provision for delivery and performance. Therefore dates and time limits specified by ASE are not binding.

2.) If the customer receives goods and/or services from third parties the delivery obligation of ASE is subject to complete, correct and timely delivery from their suppliers unless ASE is responsible for non-delivery, incorrect or delayed delivery.

3.) Adherence to delivery periods and times presupposes the timely fulfillment of the contractual obligations by the customer. Delivery times begin with the date of confirmation of the order by ASE however not before the receipt of all documents or data required and the agreed down payment for the execution of the order.

§ 5 Shipment and transfer of risk

1.) Place of fulfillment and performance is the place of business of ASE.

2.) In case of customers who are entrepreneurs, the risk of accidental loss or deterioration of the goods, passes to the customer upon delivery. In case of shipment purchase, it passes with the transfer of the goods to the shipper, to the carrier or to any other person or institution ordered to execute the sending. This applies also if ASE committed to undertake the installation services. If the goods have to be collected at ASE or the shipment is delayed upon request the risk of accidental loss or deterioration passes with the notification of readiness for shipping.

3.) In case of customers, who are consumers, the risk of accidental loss or deterioration of the goods passes over to the client even in case of shipment purchase upon delivery of the goods.

4.) If the customer refuses to accept the goods or the service even though ASE is offering them under the terms of the contract this means that the buyer is in default in accepting delivery. The same applies to the delivery.

5.) ASE is not obliged to take out a transport insurance.

6.) Towards entrepreneurs ASE is entitled to make partial deliveries unless something else has been expressly agreed upon.

§ 6 Reservation of ownership

1.) In case of contracts with consumers, ASE reserves the ownership of the delivered goods until full payment of the purchase price.

2.) In case of contracts with entrepreneurs ASE reserves the ownership until fulfillment of all claims of the current business relationship. A transfer of the ownership of reserved goods to a third party shall only be permitted if it arises in the ordinary course of business of the company and the company reserves the ownership of the reserved goods until the payment of all the claims of the business relationship with third parties. The entrepreneur is not entitled to pledge reserved goods or to transfer their ownership to third parties for security purposes.

3.) The entrepreneur is entitled to resell the goods during the ordinary course of business. He assigns to ASE all claims to the value of the final invoice amount incurring to him from reselling towards third parties. ASE hereby accepts such assignment. The entrepreneur is entitled to collect the assigned claims until such right is revoked. Revocation is only allowed if the entrepreneur is in payment default.

4.) The processing and handling of the goods by an entrepreneur shall always take place in the name and on order of ASE. If the reserved goods are combined with other goods not belonging to ASE, such that they become an essential element of a new thing, ASE becomes joint owner of the new thing corresponding to him the value of the delivered goods by ASE in relation to the other processed objects. The same shall apply when the goods are mixed with other articles not belonging to ASE. In both cases the entrepreneur will store the articles for ASE free of charge. The share of the joint ownership is determined by the relation of the invoice value of the reserved goods and the sales value of the new good. For the reselling of the new article, paragraphs 1 and 2, which assign the obligations of the ownership share of ASE of the common thing, are applicable.

5.) If the value of the reserved goods available for the customer plus the value of the total of the claims assigned to ASE, exceeds the total amount of the claims, which correspond to ASE against the customer by more than 50%, ASE is obliged to release the corresponding part of the securities.

6.) Until full payment of the agreed amount, ASE is entitled to insure the reserved goods sufficiently against theft, damage and destruction at the expense of the customer, unless the customer proves that it has signed up a sufficient insurance at its own expense.

§ 7 Warranty, obligation to inspect and notify defects, Apple repairs

If ASE provides the customer with tests or samples or receives them from the latter, analyses, DIN standards, ISO standards, regulations, other domestic and foreign quality standards or other information on the quality or services of the goods, these will serve only for the detailed description of the services to be rendered by ASE. A guarantee based on these characteristics is not the case. The same applies to public statements, promotion or advertising by ASE. Furthermore, ASE is particularly not obliged to examine if the good is suitable for the intended purpose of the customer.

If operating and maintenance instructions of ASE are not followed, if modifications are made to the goods (also to own goods), parts replaced or consumables used, which do no correspond with the original specifications any claims for defects in the products shall lapse unless the customer refutes a reasonably substantiated claim that the defect was caused by one of these circumstances.
If the customer is a business purchaser in the sense of the German commercial code, the purchaser shall be obliged to check the delivery or service immediately after receiving it. In this case, the purchaser shall be obliged to notify the vendor of any defects in writing without delay, but at the latest within seven days after the receipt of the delivered object. The timely dispatch shall be sufficient to observe the deadline. Hidden defects must also be reported immediately after they have been discovered. Otherwise the good is considered approved and the service is considered accepted. The customer shall bear the full burden of proof in relation to all preconditions for making a claim, particularly for the defect itself, date of detection of the defect and the punctuality of the complaint. Broader obligations under § 377 of the German Commercial Code (HGB) remain unaffected.
In case, that delivered goods, also by third parties, are installed by ASE the acceptance by the customer has to take place immediately. In case of refusal, acceptance will be deemed as declared, if the customer operates the delivered and installed goods. Except for hidden defects, claims based on defects shall be excluded after acceptance of the installation.
If the customer fails to exercise the rights of recourse against third parties, processes defective goods without prior quality inspection or delivers the defective goods he is complaining about, to third parties without giving ASE the opportunity to verify the reported defects, all claims for damages shall be null and void. The same applies to the consequences of inappropriate or incorrect use of the goods, incorrect installation and setting into operation by the customer or third parties, inappropriate modifications to the delivered products, natural wear and tear as well as incorrect or negligent handling.
For entrepreneurs the subsequent fulfillment takes place in case of justified punctual complaint after decision by ASE for rectification or replacement delivery.
Consumers have the choice in case of justified punctual complaint between rectification or replacement delivery. However ASE is entitled to refuse the type of the selected subsequent fulfillment if it is only possible at unreasonable costs and if the other type of subsequent fulfillment remains without considerable disadvantages for the consumer.
If the subsequent fulfillment is unsuccessful the customer can chose upon a reduced remuneration or withdrawal from the contract. Subsequent fulfillment shall at the earliest be deemed as failed with the second unsuccessful attempt. For minor defects the customer has not the right of withdrawal.
If the customer chooses to withdraw from the contract due to a defect after a subsequent fulfillment, he shall hold no additional entitlement to compensation for the defect. If the customer chooses right to compensation after failed subsequent fulfillment, the goods shall remain with him, if this is reasonable. The compensation shall be limited to the difference between the purchase price and the value of the good in faultless condition. This does not apply if ASE caused the infringement of the contract intentionally.
IMPORTANT: All repair services are based on damages out of the manufacturer warranty. The repair service does not take place within the context of Apples warranty and is not authorized by Apple. Provided that the repair takes place, Apple´s warranty will expire. For the repair aren´t used any spare parts delivered by Apple.
The warranty period of ASE and their associated repair centers is 90 days for repair services and swap devices. The 90 days are valid for the period since the outgoing of the good/goods from ASE until the renewed entry of the goods to the ASE as a complaint. For complaints shall be filled in a new repair order and the complaint field shall be selected by clicking on. Unjustified complaints are processed as normal services cases with handling and checking charges of at least 35,00 euros.
The warranty period is two years from delivery of the goods for consumers and one year for entrepreneurs. For used goods the warranty period is one year for consumers and for entrepreneurs from delivery of the goods. A reduction of the legal periods does not apply for claims according to the German Product Liability Act (ProdHaftG) in case of intention and gross negligence and damage to life, body and health attributable to ASE, in case of non-fulfillment of independent warranties and if ASE can be accused of malice. The warranty obligation for other parts of de delivered goods not affected by the subsequent fulfillment shall not be extended by the subsequent fulfillment.
If the customer receives defective installation instructions, ASE is merely obligated to supply defect-free instructions, if the defect of the instructions prevents proper installation or operation.
The right of third parties to claim for compensation does not apply if ASE doesn´t get after the required time or opportunity to carry out the necessary subsequent performance, after notification of the defects. The customer has the right to remove the defect by himself or by third parties and demand the refund of the necessary costs only in urgent cases endangering operation safety and for the prevention of disproportionate damage or if ASE is in delay with the removal of the defect.
The customer shall bear additional costs which arise if the delivered goods should be brought to a place which is not the place of performance.
In principle ASE does not grant warranties in the legal sense.

§ 8 Obligations of cooperation

Customers shall ensure that all necessary cooperation occur for ASE by vicarious agents or third parties punctually and free of charge unless otherwise specified in the declaration of acceptance.
Customers have to send immediately to ASE the necessary data for the performance of the agreed services. During the term of this contract ASE has to be immediately informed about each substantial change.
Customers have to provide ASE and any vicarious agents all necessary support for the rendering of services and have to give them access to the necessary objects.
If necessary, customers have to indicate to ASE a contact person who is available or its vicarious agents who are also authorized to make a declaration on the rendering of services and to take decisions, during the term of the contract.
Data media which are supplied to ASE should be in perfect condition with regard to content and technical state and above all free from damaging software. If this is not the case, ASE must be compensated for any arising damages and released from third parties’ claims. The customer shall ensure that the data verified by ASE and any underlying software have been acquired in line with the legislation and in conformity with the relevant license conditions and other legal conditions and that he is authorized and also entitled to use this data and make them available to ASE in the context of the order.
From all submitted documents and data, the customer shall retain copies. If it is necessary, ASE can ask for these copies free of charge.
ASE has to get the right to utilize and to change external systems of third parties to the extent that this is necessary to fulfill the contractual service.
Customers are responsible for the performance of regular data backup. ASE is not liable for loss of data and damages which could have been prevented by proper backup routines.
Cash on delivery shipments will not be accepted and will be returned by the service provider.

§ 9 Limitation of liability

Liability is limited to willful intent and gross negligence. Liability for absence of an assumed warranty or declared characteristics, due to malice, arising from prohibited handling or under the ProdHaftG shall remain unaffected.
Compensation claims of an entrepreneur against ASE prescribe at the latest one year after delivery of the goods or acceptance of the work. Paragraph 1 S. 2 shall apply correspondingly.
The one year limitation period applies for consumers only for used goods, otherwise applies the statutory periods.
ASE shall not be liable for loss of profits, loss of savings, damages resulting from claims by third parties and other indirect and consequential damages or for the loss of recorded data unless one of the guaranteed quality characteristics has the aim to cover the customer against such damages. Furthermore, ASE shall not be liable for compensation for loss of use during the period of time in which the customers’ goods are retained by ASE in connection with the rendering of performance.
The customer shall be liable for the correctness of all documents to be supplied by him. If property rights of third parties get infringed in this details, the customer releases ASE from all the claims of the property rights holder.
As far as the liability of ASE is limited or excluded, this shall also apply to the personal liability of employees, representatives and vicarious agents of ASE.

§ 10 Offsetting, transferring and right to withhold

Customers are only entitled to withholding and offsetting if his counterclaims have been legally ascertained, undisputed or accepted by ASE in writing. Rights to withhold or any other rights to refuse performances can be claimed if and as soon as they are based on the same contractual relationship. Even in an on going business relationship every single order shall be considered a separate contract. Complaints of any kind do not entitle to withhold payments unless the defects are legally ascertained, undisputed or accepted by ASE.
Customers can only transfer their claims against ASE to third parties in case of prior written agreement of ASE as far as they are not money claims.

§ 11 Default

The due date for payments depends on § Paragraph 3 2 S. 1
Even in case of agreement for time regulation according to § 286 Paragraph 2 number 1 und 2 of the German Civil Code (BGB) the default on payment goes in once the customer has received a written admonition. If ASE is on default with delivery, the customer has to give a reasonable period of grace of at least two weeks.
In case of default, ASE is entitled to detain goods or works from other orders of the same customer. During the delay, consumers have to provide interest on the amount owed rate of 5% points over the base rate of the European Central Bank. Entrepreneurs have to provide interest on the amount owed rate of 8% points over the base rate of the European Central Bank.
If the customer is on default of payment of an invoice due to liquidity difficulties or to significant deterioration of his financial situation, all his obligations to ASE are immediately due. ASE is then entitled to carry out deliveries only against provision of security or pre-payment.

§ 12 Rescission

If goods or services are not delivered in full, correctly or on time through no fault of ASE, ASE is entitled to rescind de contract.
ASE is also entitled to rescind the contract in the cases of § 12 Paragraph 4.
For entrepreneurs, ASE is entitled to rescind the contract in case of loss, seizure, destruction or damage or loss of goods supplied under reservation, if an explanation does not take place. The same applies if the place of business changes. For consumers, ASE is entitled to rescind the contract in case of a change of residence without having been informed.
If the information provided by the customer about his financial situation or his credit worthiness is incorrect or endangers the purpose of the contract, ASE is entitled to rescind the contract. ASE is also entitled to rescind the contract in case that the customer has a behavior or business contrary to the contract, which violates public morality or constitutes unlawful actions.
After the expiry of a reasonable period of grace in the event of default, the customer is entitled to rescind the contract if he indicated when the grace period was agreed that he may reject the service. Further claims of the customer in particular damage claims of any kind are excluded unless the default was caused by ASE through intentional or grossly negligent conduct.

§ 13 Contract duration and termination

The term of contract arises from the contracts concluded between the parties. Unless there is a contractual agreement, it is deemed to have been concluded for an indefinite period.
In case of contracts concluded for an indefinite period, each part is entitled to terminate the contract with a period of one month at the end of each quarter. The termination must be made in writing and can be restricted to individual contractual components.
The right to immediate termination for good cause remains unaffected. An important reason shall particularly exist if the customer in a continuing obligation for two consecutive months is in default of a not insignificant portion of the money dead and a period of grace elapsed unsuccessfully.
If at the moment of termination of the contract, there are customer´s data a storage place which was available to him, the customer is committed to save them by downloading them latest when the termination comes into force.

§ 14 Right of cancellation

1. Customers have to bear the costs associated with the return insofar as they use an existing right to cancel and as far as the goods delivered correspond to the goods ordered and if the price of the returned good does not exceed 40 euros or if the customer in case of a higher price of the good hasn´t carried out the consideration or not yet paid the contractually agreed partial payment at the time of the cancellation. Otherwise the return will be free of charge for them.

2. The right of cancellation does not apply in this exceptionally cases:

If the product was purchased by the customer for the purpose of his commercial or self-employed activity (in this case he is not a consumer)
If products were made exclusively for the customer or designed for its personal requirements with specifications of the customer (customized products)
In case of sealed data media containing audio and video recording or software, and if the data medium was opened by the customer.

-Beginning of the revocation policy-

You can revoke your contractual statement within 14 days without giving any reason in writing (by post, fax, email) or if the goods have been sent to you before the end oft he deadline by returning the good.

The period begins after receiving this instructions in writing, but not however prior to the receipt of the goods by the recipient in case of delivery (similar goods are delivered on a recurring basis) this is in case of providing a service not before conclusion of the contract as well as not before fulfillment of our information obligation according to § 246 § 2 in conjunction with § 1 article 1 and 2 EGBGB as well as our obligations according to § 312 g article 1 S. 1 BGB in conjunction with article 246 § 3 introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB).

To comply with the cancellation deadline it is sufficient to send off the revocation or return the good. The revocation must be sent to:

After Sales Europe GmbH

Hanauer Landstr. 291

60314 Frankfurt am Main

Fax: +49 (0) 69 – 6605566 – 99

E-Mail: revocation@aftersaleseurope.eu ( müsste man einrichten, gibt es noch nicht! Alternative an info@aftersaleseurope.eu)

Consequences of revocation:

When the revocation is effective the received services or goods are to be returned without capital gain (e.g. interest). In the event that you cannot return the service received in whole or in part or only in a worse state, you are obligated to provide value compensation. You only have to compensate for the deterioration of the good and for lost value as far as the use and the deterioration can be attributed to a handling with the good, which get further than the testing of the properties and exceed the functioning. “Properties and functioning testing” refers the test and examination of each good as which is possible and usual in a retail shop*. Ready parcel items may be returned at our risk. You are responsible for covering the regular cost of return if the delivered goods corresponds to the goods ordered and if the price of the returned good does not exceed 40 euro or if in case of a higher price of the good at the time of the cancellation, has not yet provided the consideration or an contractually agreed part payment. Otherwise the return is free of charge for you. Not package shipping items will be picked up. Obligations to the refund of payments have to be fulfilled within 30 days. The period begins with the sending of your cancellation notification or the sending of the good, for us with the receipt thereof.

After this, consumers should be given the possibility to hold in its hands the acquired goods as well as the possibility to make an examination of the main characteristics as it would be possible for a similar good in a shop. In case of consumer electronic devices (e.g. mobile phones) the right to examine is limited to a test call to check the voice quality or an unique access to the internet in order to check the connection speed. It does not however comprise the test of applications, which are not an essential component for the functionality as e.g. games. The same applies for personalization settings and configuration settings. Moreover it is not permitted to load external data on the devices for test purposes. We refer to therefore that through further tests or due traces of usage regularly occurs a deterioration of the good. In this cases, as the product cannot be resold as new, you have to pay the compensation for the lost value.
Please further note that it is not permitted to test whether in the shop or at home, objects, for which by intended use or the opening of the packaging is not usual in accordance with the common usage (e.g. sanitary products). This particularly affects so called in-ear-headphones, which due to this construction are worn in the ear and so come into contact with body fluids. If the packaging of the headphones is open, this must be valued as a use of the product. A withdrawal of this object only comes into consideration with the payment of compensation.

Attention: As our insurances are product-related, if the purchase contract is associated with the conclusion of an insurance contract, the (punctual) cancellation of the purchase contract extends also to the insurance contract. In case of an effective cancellation, the insurance cover ceases and we will reimburse you for any already paid fees. The reimbursement will be remitted without delay and no later than 30 days after receipt of the cancellation.

-End of the revocation policy-

§ 15 Change request

Modifications and amendments of the content or scope of services owed by ASE by contract can be proposed by each part alternating. The suggestion shall include at least the following information:

Concrete specification of the amendment or addition
Argumentation with regard to the scientific and technical aspects
Expected effects on schedule and timetable as well as
Cost estimation on expenditures included the already accrued and still incurred expenses

Expenses for the examination of the changes and additions requested as well as the implementation of the change request process.

Each other part has to examine the suggestion and respond to the other contractual party within a reasonable period of time. The customer shall take the decision about the carrying out of changes and additions proposed. However ASE is entitled to refuse the changes and additions, if they are technically impossible or only possible with disproportionate costs for ASE.
For additional expenses which arise by implementation of the change or addition request as well as by carrying out the changes and additions process ASE can claim additional remuneration and on basis on the current price list of ASE.

§ 16 Export

Goods of ASE can contain technologies and software that is subject to the applicable export regulations of the Federal Republic of Germany as well as the regulations of those countries into which the products are to be delivered or in which they are used. The customer is bound to follow the relevant provisions in their respective valid version. Without prior official consent the customer is not permitted to provide directly or indirectly goods of the ASE to embargoed countries or to any natural or legal person who is included in national or international prohibited lists or who has a connection to terrorist networks or who stands for support, development, production or utilization of weapons of mass destruction.
The customer undertakes not to export goods and any related technologies in contradiction with the monitoring export conditions of the European Community, of the Federal Republic of Germany and of the other countries to which the goods of ASE are delivered. He also undertakes to apply for the necessary export licenses at the German Office of Economics and Export Control (BAFA). ASE is entitled to refuse the fulfilling of the contractual obligations as long as this violation continues.

§ 17 Software delivery, copyright and property right infringements

In case of software delivery by third companies, the warranty and liability of our terms and conditions is subordinated to the product´s conditions given to the customer at the delivery.
For software produced and distributed by ASE applicable are the regulations of the software license contract concluded with the customer. All cases not listed in these contracts are regulated by these Terms and Conditions.
As far as the scope of supply or the performance includes operating software subject to license, ASE concedes to the customer after full payment of the invoice of the delivery a simple, non exclusive and only transferrable in connection with the hardware which goes with it, the right to use the software in the current release at the time of delivery. For software´s use specific license terms are applied which the customer receives with the software.
The customer acknowledges that the software includes trademark rights, know how and other intellectual property rights and that these rights are property of ASE, software producers, suppliers or of third parties.

§ 18 Data protection rules

Customers and ASE mutually undertake to comply the legal data protection regulations and to impose the compliance also to their employees.
ASE collects, processes and uses personal data of his clients in automated processes as far as it is necessary for the grounding, the content arrangement, the implementation or for changes of the contractual relationship in particular inventory information according to § 28 German Federal Data Protection Act (BDSG), § 95 German Telecommunication Act (TKG), § 14 German Telemedia Act (TMG) and usage and settlement data according to § 15 TMG, §§ 96,97 TKG.
Customers are entitled to be informed about the data stored concerning their person and if necessary to correct, block or let delete any data collected and stored by ASE.
ASE works with associated companies of the partner network and cooperation partners in the context of business processing and eventually with companies commissioned in the framework of a data processing order according to § 11 BDSG. In order to save costs and for the optimization of the support ASE, these companies can request the data.
By accepting these general terms and conditions of trade the customer accepts that personal data will be used for own information, marketing and market research purposes about products, services and campaigns from areas for which the customer gave his data as well as related services by telephone or in writing and can be transmitted to associated companies of the partner network and cooperation partners. The use or transmission of personal data of the customer by ASE, to associated companies of the partner network and cooperation partners is only possible in the context of the purposes above and to communicate by email, newsletter, SMS, MMS, post, fax, flyer, brochure, social networks, telephone or by personal visit. The customer is entitled to withhold his consent at any time and with future effect for the collection, storage, use of personal data for the purposes above and the transmission to associated companies of the partner network and cooperation partners. The revocation must take place per email to the email address stated in the side notice of ASE or by post to After Sales Europe GmbH, Hanauer Landstr. 291, 60314 Frankfurt am Main.
ASE reserves itself the right in individual cases to verify the identity and solvency of the customer. In this regard ASE may require a copy of the identity card or the specified credit card.
If required, ASE can use contract data as name, first name, date of birth, street, street number, postal code and city with status inquiry companies in order to arrange a creditworthiness check. The data transfer includes information about the client due to non-contractual behavior according to § 28a BDSG. All information is treated confidentially. The customer can get information about the results of the inquiry of ASE.
Customers and ASE mutually undertake to destroy according to data protection requirements or to continue treating, the data collected for the respective business relationship and the obtained specific company information, in accordance with the relevant provisions, after termination of business relations.
More detailed information is available at the “Privacy” section of the After Sales Europe website www.aftersales.eu.

§ 19. Confidentially

The contracting parties undertake the confidential treatment of information considered confidential or information that has to be handled as confidential due to the circumstances, like information and documents of the other contracting party, as well as trade and business secrets.
The obligation for confidentially does not apply to information and documents, which at time of its disclosure were generally known and accessible or known to the contract party or justifiably be made available for him by third parties.

§ 20. Applicable law, place of jurisdiction, partial nullity and final regulations

All legal relationships between ASE and customers are subject to German law to the exclusion of UN purchasing law (CISG).
In so far as the customer is a merchant in terms of the German Commercial Code (Handelsgesetzbuch), a legal person under public law or a legal entity under public law the place of business shall be the exclusive place of jurisdiction.
In case of events of force majeure that make a part of the contract or the fulfillment of an obligation substantially difficult or impossible, the affected part of the contract is entitled to postpone the fulfillment of this obligation for the duration of the obstruction plus a reasonable period of subsequent delivery.
ASE can use the services of third parties, especially associated companies as vicarious agents, in order to fulfill its contractual duties. Contractual obligations of ASE remain unaffected by this.
In case that any regulation of this Terms and Conditions or a regulation of supplementary agreements is or becomes invalid, the validity of the remaining regulations shall not be affected.

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