Rund um die Uhr unter:
§ 1 General
Provider identification and information:
30173 Hanover | Germany
Phone: +49 (511) 515 49 500
Fax: +49 (511) 515 49 501
Managing Director: Dr. rer. techn. Ümüt Kaplan
Responsible tax office: Finanzamt Hannover Nord
Tax number: 25/201/34946
VAT id: DE301890226
Competent court: Local court Hannover
The following terms and conditions apply to all deliveries, services and offers of SRT GmbH. This applies in particular to all future transactions between SRT GmbH and the customer. Conflicting terms and conditions of the customer shall not become part of the contract, even without express objection, even in the case of delivery, provided that they do not agree with the content of these general terms and conditions. Contradictory regulations shall be replaced by statutory regulations. Further verbal agreements, verbal collateral agreements and/or verbal promises are not made between SRT GmbH and the customer. Deviations and/or additions from these terms and conditions and/or the concrete contract require the written form. This also applies to this written form clause.
§ 2 Conclusion of contract
Offers made by SRT GmbH – in particular with regard to prices, quantity and delivery period, delivery possibility and ancillary services – are subject to confirmation and non-binding, i.e. are to be understood as an invitation to place an order. Binding offer is the order of the customer. Tickets created in the ticket system do not require an explicit offer and therefore count as an order. SRT GmbH may accept the customer’s order at its discretion within four weeks by sending an order confirmation or by sending the customer the ordered goods, installing them or making them available on an Internet server within this period. Information about the goods is only binding if it has been confirmed in writing. The exact scope of the services to be provided by SRT GmbH is determined solely by the order confirmation of SRT GmbH or by the invoice issued. Minor and/or customary deviations from the customer’s order must be accepted by the customer. This applies in particular in the case of the interface if an individual module cannot be adapted to the mandates stored in the merchandise management system or to the shop systems used by the customer. The maintenance contract is a component of the interfaces and has a minimum term of two years. The notice period is three months, if the contract is not terminated in writing, the contract is automatically extended for another year. The maintenance contract begins from the date of delivery of the software.
§ 3 Scope of services
SRT GmbH reserves the right to deliver improved and/or further developed versions of its products and/or such deviations from the offer documents, from the order confirmation or from the invoice that are necessary due to the consideration of mandatory, legal and/or technical standards. The customer is basically responsible for the proper installation and configuration of delivered software, unless SRT GmbH has been commissioned with the installation and configuration. Both the installation by SRT GmbH and the training and instruction of the customer and/or his operators in the operation of the delivered software are not part of the scope of services, unless they have been agreed and invoiced on the basis of a corresponding separate agreement. If such an agreement has been made, the customer must ensure that the necessary conditions have been created and that the technical requirements for installation are met, in particular that the necessary configuration of the hardware and software is available and that access to the required systems and databases is guaranteed. SRT GmbH is entitled to have services owed by it performed by third parties. SRT GmbH is entitled to partial deliveries and/or partial services to a reasonable extent, unless the service is to be rendered completely and uniformly according to the type of agreed business; both the service obligations and the rights of SRT GmbH as well as the rights and the payment obligation of the customer remain unaffected by this.
§ 4 Prices
Prices are shown gross in the shop. Deliveries, services and/or other achievements, for which not expressly deviating prices are agreed upon, are computed in the doubt to the list prices valid on the day of the conclusion of the contract (order acceptance).
§ 5 Delivery and payment
Unless otherwise agreed, payments are to be made immediately upon invoicing without any deduction. Offsetting and retention are only permissible on the basis of counterclaims of the customer recognised by SRT GmbH or legally established. If the customer owes SRT GmbH several payments at the same time, the due debt shall be repaid first – provided the customer has not made any repayment provisions – and the older debt among several due debts. Delivery times stated by SRT GmbH are generally only approximate and non-binding, unless they have been explicitly confirmed as binding. Changes to orders lead to the cancellation of agreed deadlines and periods, unless otherwise agreed. Delivery and/or service periods shall be extended appropriately in the event of force majeure or other circumstances beyond the control of SRT GmbH which have a considerable influence on the delivery and/or service.
§ 6 Warranty
According to the state of the art, it is not possible to create standard software in such a way that it works completely error-free in all applications and combinations. If SRT GmbH installs and/or configures software in accordance with a separate agreement, the customer shall immediately test it – at the request of SRT GmbH together with an employee of SRT GmbH and/or a commissioned third party. If the software essentially does not run in accordance with the contract, the customer will immediately inform SRT GmbH in writing listing the incorrectly executed functions. Warranty claims must be asserted in writing; they must contain a description of the notified defect that is as accurate as possible. SRT GmbH may remedy defects at its discretion by repair or replacement with faultless goods (replacement delivery). SRT GmbH can eliminate software defects in particular by providing a new release. If SRT GmbH rejects the rectification or replacement delivery, the customer has the right to demand a reduction in payment (reduction) or cancellation of the contract (rescission). If an individual module is defective, which is not an essential main module in the form of a product export or order import module, the customer can only demand reimbursement for the respective module affected. This also applies if one of the two main modules is affected. The same applies if the rectification of defects or replacement delivery is impossible or is not made on time or properly and a reasonable grace period set by the customer has elapsed fruitlessly. Delivered products are regarded as approved in consideration of the defect concerned if the customer is a merchant in the sense of the German Commercial Code and has not properly fulfilled his obligations to inspect and complain according to §§ 377, 378 HGB (German Commercial Code). The same applies to compensation in the event of incorrect deliveries and/or shortages. If the customer or third parties make changes to the delivered software, the warranty claim shall lapse unless the customer proves that the defect is not attributable to the changes.
§ 7 Liability
SRT GmbH shall be liable for simple negligence in the event of default, impossibility and other forms of culpable liability, insofar as an obligation is breached the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation) in accordance with the following provisions: Liability is limited in amount to a maximum of the purchase price or the software license fee; liability is limited in nature to such damages that typically had to be expected at the time the contract was concluded. Otherwise, liability for slight negligence is excluded. Liability for loss of data is limited in principle to the typical cost of recovery that would have been incurred if backup copies had been made regularly and in accordance with the risks involved, unless the customer proves that the loss of data would also have occurred if data had been backed up properly. Before any installations, modifications and their tests, data backups of the databases of the various systems must be carried out. In particular, the data consistency of the database must also be checked. Liability under the Product Liability Act shall remain unaffected by the above provisions.
§ 8 Retention of title
SRT GmbH reserves the ownership of the delivered software and other products. If the buyer is a businessman in the sense of the German Commercial Code, the above reservations shall apply until the complete payment of all claims arising and/or arising from the business relationship. This shall also apply if individual or all claims of SRT GmbH have been included in a current account and the balance has been struck and acknowledged. Only with full acquisition of ownership of the software products the buyer acquires the full rights of use. Until the time of full acquisition of ownership of the software products, the license remains in the status of a test version. The buyer already now assigns to SRT GmbH all claims arising from the resale of the products and/or the further or sublicensing of the software. He is revocably entitled to collect this claim. At the request of SRT GmbH, he must disclose the assigned claims and their debtors. SRT GmbH is entitled to disclose the assignment to the buyer’s debtor. The purchaser undertakes not to assign his claims assigned to SRT GmbH from the resale of the products and/or the further or sublicensing of the software to third parties as security. Irrespective of the aforementioned provisions, the purchaser is not entitled, unless otherwise agreed, to sub-license the software. SRT GmbH undertakes, at the buyer’s request, to release securities to which it is entitled in accordance with the above paragraph to the extent that the security value exceeds the claims to be secured by more than 10%.
§ 9 Scope of the grant of rights
SRT GmbH retains the industrial property rights as well as the copyright exploitation rights, rights of use and other authorisations to the delivered software, unless expressly agreed otherwise in writing and unless exhaustion of the rights has occurred. The proprietary rights notices (readme and license) – including those of third parties – stored in the software directory must be observed. Unless expressly agreed otherwise, the customer shall acquire the non-exclusive, simple rights of use required for the use of the software contained therein. Backup copies may only be made if they are necessary for the future intended use of the software. This also applies to the creation of backup copies as part of the total backup of the customer’s EDP system. Copies are otherwise only permitted for installation, loading the program into the working memory and running. The use in a network or in any other multi-user system requires a separate granting of rights if a multiple installation of the software is necessary and/or the possibility of use on several computers, in particular simultaneous multiple use, is created thereby. The processing of the contractual software is fundamentally inadmissible; §§ 69c No. 2, 69d Para. 1 UrhG remain unaffected by this. Copyright notices, serial numbers and other features serving to identify the program may under no circumstances be removed or changed. SRT GmbH offers the removal of software defects beyond the warranty within the framework of a software maintenance contract. The processing of the configuration files is permitted to the customer at his own risk under exclusion of the warranty. In the case of demo versions and test versions, the rights of use and other authorisations are limited to shop systems and merchandise management clients that are not used productively. Demo versions and test versions can either be deactivated or data stocks can not be exchanged correctly between the systems, e.g. by entering demo notes, especially after a time freely determinable by SRT GmbH. The use of data prepared or transferred by software products of SRT GmbH may not be used productively. SRT GmbH reserves the right to delete these data after expiration of the test license or to have them automatically deleted by the demo version. Unless otherwise agreed in writing, the license is valid per connected client. The customer may only rent the software in consultation. The decompilation and/or disassembly of the contractual software to obtain the interoperability of an independently created computer program with the software is only permitted under the conditions of § 69e para. 1 no. 1-3 and within the limits of § 69e para. 2 Copyright Act. SRT GmbH reserves the right to provide the customer, upon request, with information that he requires to produce interoperability of the software covered by the contract with other programs. When using this information, the customer must observe the restrictions stipulated in § 69e Para. 2 of the German Copyright Act (Urheberrechtgesetz).
§ 10 Third party property rights and warranty in the event of defects in title
The customer undertakes to inform SRT GmbH immediately of the assertion of industrial property rights by third parties with regard to the delivered software. At the customer’s request, SRT GmbH shall assume legal defence, including the costs of legal defence, provided that the customer grants all powers of attorney and grants all authorisations necessary to defend itself against the asserted rights of third parties. In particular, the customer shall provide all necessary information and correspondence between him and the third party. If defects in title exist or are claimed, SRT GmbH shall be entitled, at its discretion, to take suitable measures to counter the rights of third parties which impair the contractual use of the goods, in particular software, or their assertion; or to modify or replace the goods, in particular software, in such a way that they no longer infringe the rights of third parties if and to the extent that the guaranteed functionality of the goods, in particular software, is not impaired thereby. If SRT GmbH is unable to do so within a reasonable period to be set by the customer, the customer shall be entitled to claim damages in accordance with the provisions of § 7.
§ 11 Assignability of claims
The customer is not entitled to transfer contracts concluded with SRT GmbH in whole or in part to third parties without the consent of SRT GmbH. The assignment of individual claims of the customer against SRT GmbH remains unaffected by this. This does not apply to warranty claims whose assignment is excluded. Furthermore, partial assignments are inadmissible.
§ 12 Data protection
The correct handling of your data is an important prerequisite for the success of our online offer. We therefore attach great importance to data protection. The collection, processing (storage, modification, transmission, blocking and deletion) and use of your data takes place exclusively in compliance with the applicable data protection provisions of the TMG (Telemedia Act) and the BDSG (Federal Data Protection Act).
1. collection and processing of data
Every access to our website and every retrieval of this stored file is logged. The storage serves internal system-related and statistical purposes. Logged: Name of the retrieved file, date and time of the retrieval, transferred data volume, notification of successful retrieval, web browser and requesting domain. In addition, the IP addresses of the requesting computers are logged.
2. use and passing on of personal data
If you have provided us with personal data to third parties, we will only use it to answer your questions, to process contracts concluded with you and for technical administration.
Your personal data will only be passed on to third parties or otherwise transmitted if this is necessary for the purpose of contract processing, if this is required for billing purposes or if you have given your prior consent. You have the right to revoke your consent at any time with effect for the future.
The deletion of the stored personal data takes place if you revoke your consent for storage, whose knowledge is no longer necessary for the fulfilment of the purpose pursued with the storage or whose storage is inadmissible for other legal reasons.
3. right to information
Upon written request, we will gladly inform you about the data stored about your person.
Security note: We endeavour to store your personal data using appropriate technical and organisational means in such a way that they are not accessible to third parties. When communicating by e-mail, we cannot guarantee complete data security, so that we recommend that you use the postal service for confidential information.
4. according to this, we may in particular use personal data to the extent necessary for the establishment and drafting of contracts, the provision of services or invoicing (usage data). The information that we receive from you is used by us for the processing of orders, the delivery of goods and the provision of services as well as the processing of payment (in the case of purchase on account also for necessary checks). We also use your information to communicate with you about orders, products, services and marketing offers as well as to update our records and maintain your account with us and recommend products or services that may be of interest to you. Finally, we use your information to improve our Internet platform and our offers, to prevent or detect misuse, in particular fraud, or to enable third parties to perform technical, logistical or other services on our behalf. Personal data is information about the identity of a person.
When registering a customer account, the following personal data, for example, must be provided:
– Company name
– First name and surname
– Street & house number
– Country (is preset)
– telephone number
– Email address and repeat email
– Password and password repetition
5. When you visit our website, we store the domain name or IP address of the computer making the request, the client’s file request (file name and URL), the http response code, the website from which you are visiting us and the date and duration of your visit for a period of 7 working days. This information is stored to identify faults or misuse of our online services and telecommunications services/facilities, insofar as this is necessary to establish further connections and/or for billing purposes. An evaluation of this usage data for the creation of personal usage profiles does not take place unless you have expressly consented to such use or if this is regulated differently within the following provisions. In the event of disturbances or misuse, we reserve the right to report the matter to the prosecution authorities. Any further use or disclosure of this usage data to third parties will not take place.
7. You have the free choice whether you want to accept cookies, be informed when a cookie is set or reject all cookies. However, we would like to point out that the use of our offer is only possible to a limited extent if cookies are rejected.
8. We keep log files of the access data of our users (“server log files”). Each time a user calls up a page, the user’s Internet browser transmits access data, which is automatically stored in our log files. However, this data (e.g. IP addresses) cannot be assigned to a specific person without further measures. This data is not merged with other data sources, in particular with personal user data. The log files contain the following information:
– Remote Host (name and IP address of the computer requesting the site)
– User agent HTTP request header (browser, version)
– Referer or Referrer
– Request-method, Request-path, Request-query-string and Request-protocol
– Date, time, time zone
We reserve the right to subsequently check the server log files using the last known IP address of such users who, on the basis of concrete facts, are suspected of using our websites and/or our services in violation of the law and/or the contract.
9. Your personal data will be used by us within SRT GmbH, its affiliated companies (which are controlled by SRT GmbH) and its subsidiaries if they are either subject to this data protection declaration or follow guidelines which offer at least as much protection as this data protection declaration. We pass on personal data to other third parties only to the extent described below:
Service providers: We commission other companies and individuals to perform tasks for us, such as delivering parcels, sending letters or e-mails, maintaining customer lists, analyzing databases, advertising and marketing measures, processing payments (credit card, direct debit and purchase on account) and customer service. These service providers have access to personal data required for the performance of their tasks. However, they may not use this data for any other purpose. In addition, they are obliged to treat this personal data in accordance with this data protection declaration and the German data protection laws.
– Company acquisitions and sales: If we or other companies controlled by SRT GmbH sell or buy individual subsidiaries, parts of companies or components, personal data is usually transferred together with the part of the company to be transferred. However, this personal data will continue to be subject to the previously existing data protection declarations (except, of course, if the customer expressly consents to other provisions). In the unlikely event that SRT GmbH is sold in whole or in part, personal data will also be transferred to the buyer.
Otherwise, your personal data will not be passed on to other companies or other organisations, unless we are obliged to disclose this data, for example due to a court order or official order.
When passing on your personal data to third parties to the extent described above and to countries outside the European Economic Area (EEA), we will ensure that the information is passed on in accordance with this data protection declaration and the German data protection laws.
If you have given us your consent in this regard, we may also use your personal data for advertising, consulting and market research and for the demand-oriented design of telemedia. You can revoke your consent to this at any time by contacting SRT GmbH at email@example.com . If you have not declared your consent or revoke it, there will be no data use in accordance with this paragraph.
10. On our website, contents of cooperation partners can be integrated at different places, who in turn provide offers. They have committed themselves to us to also comply with the requirements of the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG). However, we assume no liability for compliance with these requirements. We kindly ask you to inform yourself directly about the respective data protection practices of our cooperation partners. Our site may also contain third-party advertising and links to websites for which we are not responsible. We do not transmit any personal data to these companies.
11. To illustrate this, we have listed two examples below of how we collect, process and use personal data:
o Sweepstakes: If you decide to participate in any of our competitions, we will ask you to provide us with your name, date of birth, e-mail address, telephone number and/or postal address, in particular to inform you in the event of a prize and to ensure that each participant only participates once in the competition.
– Subscribe to our newsletter: As part of our online offering, we offer you the opportunity to receive interesting news from us via newsletter. If you subscribe to our newsletter, you will regularly receive the desired newsletter at your e-mail address. You can unsubscribe at any time. We will then process and use the data provided by you for these purposes.
– Use of data when registering for the e-mail newsletter
If you subscribe to our newsletter, we will use the data required for this purpose or provided separately by you in order to send you our e-mail newsletter on a regular basis. You can unsubscribe from the newsletter at any time, either by sending a message to the contact person described below or via a link in the newsletter provided for this purpose.
– Credit assessment and scoring
If we make an advance payment, e.g. in the case of a purchase on account, we may, in order to safeguard our legitimate interests, obtain a credit report based on mathematical-statistical procedures from Regel Inkassodienst GmbH & Co. KG. For this purpose, we transmit the personal data required for a credit assessment to Regel Inkassodienst GmbH & Co. KG and use the information received on the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship. The creditworthiness information can contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical procedures and which include address data, among other things, in their calculation. Their interests worthy of protection are taken into account in accordance with the statutory provisions.
12. Every user has the right to receive free information from us about the personal data we have stored about him or her. You can view some of this personal data directly via your customer account, e.g. order history, personal data (including name, e-mail address, password, communication settings), settings for payment methods (including credit card information), information about which information you would like to receive from us by e-mail (including our notification services, availability and order notifications, newsletters). Any further information on stored personal data must be sent in writing to SRT GmbH. For security purposes, this request for information must be accompanied by a certified copy of an official and valid identity card. The information will be sent by post to the address given on the user’s identity card.
13. if the user finally deletes his customer account, all data previously entered by him will automatically be deleted completely. An application for deletion is not necessary.
14. Notwithstanding this, the user has the right at any time to demand the deletion or amendment of all personal data collected by him which we have stored about him. For this purpose, it is possible to change (i.e. update, correct and/or supplement) or delete this data within the customer account. To protect your privacy and security, we will verify your identity before you take such action. If it should not be possible to change your data within the customer account or if such an area does not exist, you can inform SRT GmbH at firstname.lastname@example.org of this.
15. to prevent unauthorised access to your data or unauthorised disclosure of your data, to guarantee the accuracy of the data and to ensure the authorised use of the data, we have set up appropriate technical and organisational procedures to secure and protect the data which we request online. Nevertheless, we cannot assume any responsibility or liability for the disclosure of your data due to errors in data transmission and/or unauthorized access by third parties.
16. For information and suggestions on the subject of data protection, please contact SRT GmbH at email@example.com .
17. We reserve the right to change these data protection regulations at any time in compliance with the applicable data protection regulations. For the use of our online offer, the version of the General Data Protection Provisions available online at the time of your visit always applies. If you have provided us with personal data on your own initiative, we will inform you of the changed conditions in a suitable manner (e.g. by e-mail) no later than four weeks before they come into effect. If you do not object to these changes within four weeks of receipt of the notification, the amended General Data Protection Provisions shall be deemed to have been accepted. We will inform you of the significance of this four-week period separately in our notification.
The responsible body within the meaning of the Data Protection Act is SRT GmbH, Hans-Böckler-Allee 20 in Hanover, Germany.
§ 13 Place of jurisdiction, partial invalidity, applicable law
In business transactions with merchants and legal entities under public law, Hanover shall be agreed as the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and cheques; we shall also be entitled to sue at the purchaser’s place of business. If individual provisions of the delivery contract or these General Terms and Conditions are invalid, the remaining provisions shall remain valid. In business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, provided that it is mandatory to deal with consumer law provisions.