General Terms of Business of SINOVO GmbH & Co. KG
§ 1 General Terms
1. These General Terms of Business (GTB) apply to all business transactions between Sinovo and their customers. Business conditions of the customer are herewith expressly countermanded. Such conditions cannot become part of a contract even when not expressly contradicted or delivery is made unconditionally. The GTB also apply in the case of wider business relations with the customer even when not expressly referred to. 2. Alterations or amendments of this contract must be expressly confirmed by Sinovo in writing to be valid in law.
§ 2 Establishment of Contracts
1. Customer orders represent an offer to Sinovo to close a purchase or licensing contract. This also applies when Sinovo transmits via the medium of the Internet or by e-mail confirmation of an order or confirms the receipt of an order. The purchase or licensing contact is established only after Sinovo has despatched the ordered goods to the customer or - in the case of downloads - the software has been completely downloaded onto the computer of the customer. 2. The acquisition of software has to be understood as the acquisition of a user's licence between Sinovo and the customer unless expressly agreed to differently in writing. The disclosure of source code is categorically excluded. The agreement with relevant licensing conditions precedes the right of use of the software. 3. Sale to minors requires payment in advance.
Basically the customer has a right of withdrawal as set forth in the following cancellation policy. A right does not however apply to contracts.
- The supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not due to their condition suitable for a return or spoil quickly or whose expiration date has passed (special); art prints, custom made are (all prints in A4, A3, A2, A1) are considered special order and are excluded from the right of withdrawal
- The supply of audio or video recordings (such as tapes, CD's, DVD, CD-ROMs) or by software if the delivered data carriers have been unsealed by the consumer,
- The case of services, which was transmitted online (such as software as a download).
As far as a right of cancellation, the following applies:
If the customer is a consumer (§ 13 BGB (German Federal Civil Code)), he can revoke his contractual declaration within 14 days without giving any reasons in text form (eg letter, fax, e-mail) or - if it received the goods before the deadline - revoked by returning the goods. The time limit begins after receipt of this notice in written form, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill the obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and also does not fulfill our obligations according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB by Sinovo. The revocation period is sufficient to send the revocation or the thing. The revocation must be sent to:
Sinovo GmbH & Co. KG, Casimirstr. 2-4, 60388 Frankfurt/Main
In the case of an effective withdrawal, the mutually received benefits and any benefits derived (eg interest) surrendered. If the customer do not
can Sinovo the received power and benefits (eg benefits) do not give out or partially, or not, or only in deteriorated condition, respectively,
he must pay compensation to the extent Sinovo. The deterioration of the thing and pulled uses for it must pay compensation only if the uses or the
deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and
functioning" refers to the testing and evaluation of the respective goods, such as it is in our store and customary. The customer has to pay the
regular cost of the return if the delivered goods ordered and if the price is not the issue returned an amount of 40 EUR exceed or if the customer
at a higher price the thing is not the time of withdrawal in return or have provided a contractually agreed part payment. Otherwise, the return for
the customer is free. Obligations to reimburse payments must be made within 30 days. The period begins for the customer with the dispatch of the
cancellation or the goods, for Sinovo with their reception.
End of withdrawal
§ 4 Supply and Payment
1. All deliveries are ex works or store and transport risk is at cost to the purchaser. If requested, goods may be insured at cost to the customer. Mailing costs and insurance will be charged at cost-price. 2. Production deliveries are reserved. Sinovo may withdraw from the contract, if production deliveries fail through no fault of Sinovo. Deposits are refunded - free of charge nationally. 3. Payments are due immediately and without any discount deductions.
§ 5 Property rights for goods or software and customer's adverse rights
1. Goods remain the sole property of Sinovo until full payment has been received. 2. User's rights to the software exist only after agreement of the respective licensing clauses. The customer receives, unless Sinovo has expressly agreed differently in writing, a single, not exclusive, user's license for use of the software on one terminal. Use by several users, specifically in a server application, is excluded unless a written agreement with Sinovo has been negotiated. Should the customer reject the licensing conditions prior to the first usage, the customer his entitled to return the software to Sinovo complete, without retaining copies, safety copies, back-ups or duplicates from any other copying process. Sinovo shall refund the purchase price. 3. The customer may offset an account or use his right of retention only if his claims are accepted by Sinovo or established in law.
§ 6 Liability for Defects and Compensation
1. In the case of defective supplies, the customer may first of all request substitute supply (either remedy or replacement). In the case of final failure of substitute supply, which can be assumed after two attempts have been made to correct the same fault, the customer may demand a reduction in purchase price or - assuming that the defect is not minor - cancellation of the contract. 2. In all other cases Sinovo is only liable for compensation for damages or incurred expenses, if caused with malicious intent, gross negligence, injury to life, body or health or else resulting from claims under product liability legislation or in the case of substantial neglect of contract obligations. Liability for less than malicious intent or gross negligence of substantial contract obligations is limited to usual contractual, foreseeable damages. 3. The previous claims assume that the customer has not contributed in any way. 4. Sinovo draws attention to the fact that software by its nature is never totally free of error. Therefore Sinovo only guarantees the functionality of the features announced by Sinovo in the context of the published recommended system requirements. Sinovo cannot accept liability for interfaces not guaranteed by Sinovo nor for the disruption of program sequences not caused by Sinovo.
§ 7 Usage for Health or Medical Purposes
IMPORTANT NOTICE FOR THE USAGE OF PRODUCTS FOR HEALTH OR MEDICAL PURPOSES: In the case that a customer wants to use hardware or software (hereafter products) to organize data for a therapy (i.e. diabetes), Sinovo points out that the products supplied by Sinovo are suitable only as an aid to organizing data or documentation of values entered by the customer. Obviously products supplied by Sinovo can in no way substitute for medical care or therapy. Every change of therapy (i.e. BE factors, correction rules, dosage of insulin) the customer must verify with his doctor in just the same way as he had to and should have done prior to the use of the program. SINOVO is not liable for health complications of any type, which may result from wrong therapy (i.e. wrong dosage of insulin). This also applies to advice the program may offer. Possible advice is offered without obligation and propriety and efficacy must be approved in detail by the treating physician. Particularly the usage of medical, especially in cases of diagnostic and health monitoring purposes, is recommended that apart from the evaluation by the software other recordings are carried out as well as frequent data back-ups to ensure that data is not inadvertently lost or to ensure that monitoring is secured by other means.
§ 8 Data Privacy
All data provided by the customer to Sinovo in the course of completing the order, delivery and support of the goods or software are stored electronically. Sinovo endeavours to use on the data minimally. The customer expressly agrees to the use of data in this context.
§ 9 Copyright and Commercial Protection
The software and its components are protected by copyright and commercial property rights. Annotation of documentation with the symbols ® or TM signifies the protection of respective trademarks. Equally even without respective annotation product descriptions are possibly protected trademarks of respective ownership.
§ 10 Applicable Law and Other
1. The laws of the Federal Republic of Germany are exclusively valid, excluding UN Law on Trade. 2. Should any one clause or any number of clauses be or become invalid, the validity of the remaining clauses is not affected. The contract partners shall endeavour to replace the invalid clause with a valid clause, reflecting as fully as possible the commercial and legal purpose of the invalid clause.