Terms and Conditions

General Terms and Conditions

§ 1 Scope, Definitions

(1) Markus Weingärtner-Klinger, Großzschachwitzer Strasse 14, 01259 Dresden, Germany (hereinafter: “we” or “Weingaertner IT Services”) operates an online shop for services under the website https://weingaertner-it.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and incur liabilities.

§ 2 Conclusion of contracts, storage of the contract text

(1) The following regulations regarding the conclusion of a contract apply to orders via our online shop at https://weingaertner-it.de.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

  1. Selection of the chosen service(s),
  2. Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag”, etc.),
  3. Checking the information in the shopping cart,
  4. Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview”, etc.),
  5. Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
  6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
  7. Completing the order by pressing the “Buy now” button. This constitutes your binding order.
  8. The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.

(4) In the event of the conclusion of the contract, the contract is concluded with Markus Weingärtner-Klinger, Großzschachwitzer Strasse 14, 01259 Dresden, Germany.

(5) Before placing the order, the contract data can be printed out or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, takes place by e-mail after the order has been triggered by you, in some cases automatically. We do not save the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. »back button« of the browser). They can also be corrected by prematurely canceling the order process, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract in our online shop is:

  1. The provision of services. You can find the specific services offered on our article pages.

(2) The essential characteristics of the services can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the item description (negative quality agreement). If the customer has given their express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) For a purchase on account, the minimum order value is €5 for this payment method.

(4) In addition to the prices quoted, shipping costs may be incurred for the delivery of products, unless the respective item is identified as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.

(5) All products offered are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time: 12-48 hours after receipt of payment or after receipt of the order for a purchase on account).

(6) Delivery is worldwide.

§ 5 Right of retention

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

§ 7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have breached an essential contractual obligation, the liability for material damage and financial loss resulting therefrom shall be limited to the contractually typical foreseeable damage. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose violation endangers the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to act and to fulfill the contractually owed service, which is described in § 3.

§ 8 Contract language

German is the only language available for the contract.

§ 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) The warranty period for goods delivered to entrepreneurs is 12 months.

(3) As a consumer, you are requested to immediately check the item/digital goods or the service provided for completeness, obvious defects and transport damage upon fulfillment of the contract and to notify us and the carrier of any complaints as quickly as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.

§ 10 Obligations of the customer

(1) The content stored by the customer on the storage space intended for them may be protected by copyright and data protection law. The customer grants the provider the right to make the content stored by them on the server accessible when queried via the Internet, in particular to reproduce and transmit it for this purpose and to be able to reproduce it for the purpose of data backup. The customer is responsible for checking whether the use of personal data by them meets data protection requirements.

(2) The customer undertakes not to store any content on the storage space provided that violates applicable law or infringes the rights of third parties. The customer shall also ensure that programs, scripts or similar installed by them do not endanger the operation of the server or the provider’s communication network or the security and integrity of other data stored on the provider’s servers.

(3) The customer shall indemnify the provider against all claims asserted against the provider by third parties due to the infringement of their rights due to content stored by the customer on the server. The customer shall bear the costs of the necessary legal defense, including all court and attorney fees in a reasonable amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the provider immediately, truthfully and completely with all information that is necessary for the examination of the claims and a defense.

(4) In the event of an imminent or actual violation of the above obligations, as well as in the assertion of claims by third parties against the provider that are not obviously unfounded due to the content stored on the server, the provider is entitled, taking into account the legitimate interests of the customer, to temporarily discontinue the connection of this content to the Internet in whole or in part with immediate effect. The provider will inform the customer of this measure immediately.

(5) If programs, scripts or similar installed by the customer endanger or impair the operation of the server or the provider’s communication network or the security and integrity of other data stored on the provider’s servers, the provider may deactivate or uninstall these programs, scripts etc. If the elimination of the hazard or impairment requires this, the provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The provider will inform the customer of this measure immediately.

(6) The customer receives a user ID and a changeable password for access to the storage space intended for the customer. The customer is obliged to change the password at regular intervals. The customer may only pass on the password to persons who have been authorized by them to access the storage space.

(7) The customer undertakes to set the requested DNS entries within a maximum of 14 days, otherwise the contract will be canceled by us and refunded less any fees (e.g. PayPal).

§ 11 Amendment of the terms and conditions

(1) If the customer acts as an entrepreneur, the provider reserves the right to change these terms and conditions at any time without giving reasons, unless this is unreasonable for the customer. The provider will notify the customer of changes to the terms and conditions in text form in good time. If the customer does not object to the validity of the new terms and conditions within a period of four weeks after notification, the amended terms and conditions shall be deemed accepted by the customer. The provider will inform the customer in the notification of their right to object and the significance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship shall continue under the original conditions.

(2) The provider also reserves the right to change these terms and conditions,

  • if it is obliged to do so due to a change in the legal situation;
  • if it complies with a court judgment or an official decision directed against it;
  • if it introduces additional, completely new services, services or service elements that require a service description in the terms and conditions, unless the previous usage relationship is thereby adversely changed;
  • if the change is only advantageous for the customer; or
  • if the change is purely technical or procedural, unless it has significant effects for the customer.

(3) The customer’s right of termination remains unaffected.

§ 12 Final provisions/dispute resolution

(1) German law applies. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of preferential treatment).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(4) Wir sind bereit, an einem außergerichtlichen Schlichtungsverfahren teilzunehmen.

Special regulations for Managed Server

If the subject of the contract concluded between the parties is the rental of a (virtual or
physical) server incl. Management by Weingärtner IT Services, the following
regulations also apply:

(1) In contrast to standard web hosting, Weingärtner IT Services provides the customer with their own server, which
is either available as actual hardware (physical server) or whose functionality is provided by software
is emulated (virtual server).

(2) Weingärtner IT Services undertakes to keep the server’s operating system up to date and to install available
Updates and patches, if these are available. Nevertheless, security vulnerabilities can occur due to
Configuration or programming errors occur for which no patches are yet available (so-called exploits).
Weingärtner IT Services is not liable for disruptions and damage caused by third parties
Exploit security vulnerabilities for which no remedy is yet known.

(3) If Weingärtner IT Services has taken over the management and administration of the server provided,
the customer does not receive root access to the server.