Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Ninepoint Consulting GmbH) via the website de.shop.asus.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may have used.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you an offer to conclude a contract on the terms and conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page. Before submitting the order, you have the possibility to check all details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
On receipt of the shipping confirmation (shipping information), the contract is concluded.
(4) ninepoint consulting GmbH reserves the right to change the prices for the products displayed in the ASUS eShop at any time and to correct inadvertent errors in pricing. Any price changes will not affect any order already accepted by ninepoint consulting GmbH. In the event of a pricing error, we will inform the buyer of this error and give him the choice of either continuing the transaction at the corrected price or cancelling the order free of charge.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall not affect your statutory warranty claims.

§ 5 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle)
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also invoke the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
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II. Customer Information

1. Identity of the Seller

Ninepoint Consulting GmbH
Im Mediapark 8
50670 Köln
Germany
Telephone: 022197598330
E-mail: info@asus-shop.de
Alternative Dispute Resolution:
The European Commission provides a platform for online out-of-court dispute resolution (ODR platform), accessible at https://ec. europa.eu/odr.We are obliged to participate in dispute resolution procedures before this body. We will participate in such a procedure.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. The complete contract text is not stored by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment modalities

5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or any other person designated to carry out the shipment.

7. Legal Liability for Defects

The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.
last update: 07.12. 2017
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