General trading conditions 
AstroNative Technologies GbR

Conditions: 09.10.2007

§1 general

(1) these general trading conditions (AGB) regulate all business relations between the customer and astro+native Technologies GbR (in the following one as ANT designates). 
(2) customer in the sense of these trading conditions are both consumers and entrepreneurs.
(3) deviating, opposing or supplementing general trading conditions of the customer become part of contract only if the ANT this agrees expressly and in writing.
(4) ANT keeps itself before at any time this AGBs to change and its customers with serious changes about it to inform. With appearance of an updated version of the AGB older versions lose their validity. ANT communicates the changes directly by a reference about the InterNet operational readiness level of ANT or by E-Mail to the customer. If the customer takes the service up of ANT after the reference to a change, it accepts this change.

§2 coming off the contractual relation

(1) orders take place in acknowledgment of these AGB in the valid in each case version. They can be addressed on-line over the InterNet operational readiness level by ANT (InterNet Shop), in writing by post office, E-Mail, fax or by telephone to ANT. Orders can be only worked on, if name, address, telephone number and/or E-Mail address were indicated correctly. On each order a confirmation of order takes place by E-Mail. The sales contract comes off only with the written distribution confirmation by ANT or supply of the commodity.
(2) slight one and the customer reasonable changes to the contract reserves itself ANT expressly. The customer accepts deviations from on the InterNet operational readiness level (in particular in the InterNet Shop) by ANT explained colours of the shown product opinions to the delivered product, because with pictures and frameworks it can come on the one hand due to the assigned technology with the product preview and on the other hand due to the production process (hand manufacturing of the frameworks) to deviations. §10 applies of it without prejudice to.
(3) if the commodity is not available, the customer is informed immediately. Payments already transacted are immediately refunded.
(4) all offers of the ANT are noncommittal and not-binding. They are six at the latest weeks valid. Afterwards the offers are to be let confirm again.

§3 supply and performance conditions 

(1) of ANT opposite the customer to furnishing achievements in the order are specified.
(2) case of dates of delivery by ANT to be communicated, this happens witthout obligation because of possible delivery difficulties of the supplier of ANT. ANT is not to be made liable in this regard. For lieferverzoegerungen by the transit period ANT does not take over adhesion. 
(3) with wrong deliveries the customer can demand a correction, ANT has for his part the right to the Nacherfuellung. Slight changes of product, which do not impair the application of the product and which not substantially amend total output, are in the context of product improvements possible and do not have are specially indicated (and are from the customer to accept).

§4 of copyrights/refusal of orders/granting of a licence

(1) copyrights
For contents of the transferred image files the customer is alone responsible. The customer assures ANT with the agency that by the normal job execution no authors are hurt -, mark or other rights third. Alone the customer carries all consequences developing from a any injury of these rights. The customer assures with distribution of the order that contents of the transferred image files do not offend against the penal laws, in particular not against the regulations for the spreading of child pornography (§ 184 StGB). If ANT offences against this warranty should admit to become, ANT will switch the responsible prosecution authorities on immediately.
(2) refusal of orders by ANT
ANT reserves itself expressly the right to reject orders with image files which force-wonderful-ends contents of the image files insulting, obszoene, vulgaere, slanderous offended against §4(1) or with those, or exhibits for other reasons punishable contents.
(3) grant of a limited license
The customer keeps all rights at all pictures, which will transfer from him at ANT. In order to offer the service ("AstroFraming" *) the customer ANT and its supplier to modify grants the right to copy these pictures to adapt and otherwise in connection with the service use, independently of the medium, the technology or the form, how these are used. 

§5 retention of title

(1) unaffected by §4 remains the supplied commodity up to the complete purchase price payment property by ANT. 
(2) ANT reserves itself beyond that the property at the supply article/the commodity up to the receipt of all payments from the business relation with the respective customer. The retention of title extends also to the balance, as far as ANT booked demands against the customer in current calculation. The customer is entitled to the far sale of the supply article/the commodity in the tidy course of business. He already now retires his demand at height of the invoice total amount (including value added tax) to ANT against his respective customer and customer from the far sale of the supply article/the commodity. This applies independently of whether the supply article/the commodity without or after processing was resold. To collection of the demand the customer is authorized after their transfer. The power of ANT to draw in the demand remains of it unaffected. However ANT does not commit itself to draw in the demand, as long as the customer follows his liabilities opposite ANT and is not in delay of payment.
The managing sentences apply accordingly, if the supply of ANT is only partial article of a larger supply at the customers concerned of the customer of ANT.

§6 resignation/right of revocation

(1) resignation
ANT grants within fourteen days after receipt of the commodity a full return right of unused and original packed goods without data of reasons to the customer. The cost of the return must be borne by the customer (except the return reason is when being to blame for ANT). The commodity value is credited to the customer account or refunded on its desire. Unfree transmissions cannot be received. This ruecktrittsrecht applies independently of the legal rights after the remote paragraph law, see for this § 6 (2) and (3).
(2) right of revocation/revocation sequences
If the customer is consumer in the sense of § 13 BGB, then applies: The customer can recall its contract explanation within two weeks without indication of reasons in text form (e.g. letter, fax, E-Mail or by return of the thing). The period begins at the earliest with receipt of this instruction in text form, which is attached to the consignment of goods, and which commodity. For keeping the punctual sending off of the revocation meets the period of revocation (or the thing). The revocation is to arrange on: 

Astro+native Technologies GbR 
Stephan Heinsius and Harald Petrich
Gladenbacher way 55
35037 Marburg
Tel: 06421 183 70 20
(0.14 euro from the German fixed net; prices from portable radio nets, if necessary deviating)
Fax: 01805-5529001224
service(at)astronovica.com

In the case of of an effective revocation on both sides the received achievements are to refund to give change (and uses if necessary pulled (e.g. interest)). If the customer cannot refund the received achievement totally or partly or only in worsened condition, it must carry to that extent if necessary indemnification according to value for ANT out. During the hiring of things this does not apply, if the degradation of the thing exclusive on their examination - as she would have been possible you for instance in the ladengeschaeft - to lead back is. In all other respects the customer can avoid the indemnification according to value obligation, by taking the thing not like be property used and omitting everything, which impairs their value. Things package-capable of being shipped are to be sent back (at expense and danger of ANT). 
(3) § for 6(1) to (2) do not apply to framed pictures, which were ordered in the framework by "AstroFraming" *. With these products it acts around individual manufactures according to measure after kundenspezifikation.
(4) things package-capable of being shipped are not fetched at the customer. If the customer took up quantity discounts or at mix-dependent prices (prices) ordered, then ANT keeps itself forwards to compute after revocation concerning a part of the supplied commodity, the discounts and/or the prices per unit of the supply again. The customer would stand in such a way during new calculation of the discounts or prices per unit placed as he, if he had ordered from the beginning only the commodity, which he would like to keep after the partial revocation.

§7 of prices/dispatch

(1) the prices indicated in the price lists are of gross prices in euro, i.e. already inclusive the legally prescribed value added tax. 
(2) we reserve ourselves to adapt forwarding expenses with increased costs by the carrier/parcel service. The height of forwarding expenses is computed after the weight of the ordered products and distance.

§8 payment

(1) the payment of the commodity can take place by PayPal or vorkasse, only at old customers within the Federal Republic of Germany also by calculation or by debit. During payment by debit the customer authorizes through clicks on the Bestellbutton ANT to deduct of indicated the account.
(2) ANT reserves itself to exclude individual payment means.
(3) back-postings with delivered commodity will hand over directly to a collection enterprise. For each reminder the customer an overall small fine is computed by EUR 5.00 per reminder.
(4) fraudulent procedure is brought directly to the announcement.

§9 data security, data security and data storage

(1) the customer agrees the collection, processing and use of his personal data and graphic data, which are necessary in the context of the business relation, expressly. He consents to the fact that these data on data media are stored. The personal data of the customer are passed on by ANT without express agreement of the customer third and treated not on confidentially. The customer agrees however expressly that its graphic data are passed on on in the context of the job execution third. The customer has the right to each-early revocation of this consent with effect for the future. Practice of this right related to graphic data has however as a consequence that ANT cannot make the service "AstroFraming to the customer available *" no more. 
(2) the customer and ANT commit themselves to consider the legal regulations over the data security.
(3) ANT presupposes with the order from pictures that the customer is even responsible for security and storage of its graphic data, also over the time of the distribution of the pictures to him outside. A safety device of the graphic data by ANT, conveyed by the customer, does not take place. ANT does not take over any warranty for security or availability of the conveyed graphic data. 

§10 notices of defect/guarantee

(1) lack regarding quality and quantity of the goods can be raised only within seven days after their receipt.
(2) the customer has the commodity immediately after receipt on completeness to examine visible damage resulted from transport, other outwardly recognizable damage or on wrong delivery. With visible transport damages is to be existed on a confirmation by the supplier for later adjustment of damages. Covered transport damages or wrong deliveries are to be announced within 7 days after receipt of the commodity excluding written (by letter or fax) or electronically (E-Mail) at ANT. The damaged commodity is to be left up to the regulation in the original condition.
(3) outward recognizable lack or damage are not to be indicated in the context of the legal guarantee periods in writing. The lack is to be described. § 10(2) P. 3 + 4 apply also here. To using parts one guarantee period of 12 months applies.
(4) if the supplied commodity is unsatisfactory and if the customer indicated the lack within the legal guarantee period and described, as well as § 10 (2) P. 3 + 4 fulfills, ANT can let the commodity improve within an appropriate period or a substitute supply.If the rework or the supply of the substitute cannot take place within the appropriate period, the rights to cancellation of the purchase (resignation) and reduction of the purchase price (decrease) are entitled to the customer. As if entitled lack of pictures apply only technical inadequacies after the state of the art would have been avoidable, not however geschmackliche criteria as for example chromatic distortions. Expressly no guarantee for agreeing colors of the pictures with the original image files is ensured. Coloured differences are not recognized as complaint. Further no complaints are recognized, which are caused by an unsatisfactory quality (e.g. dissolution) the originals image files.
(5) ANT is free from each adhesion, if damage by inappropriate installation or wrong handling were caused by the customer or third.

§ 11 supply and passage of the risk, warranty for defects

(1) if from the confirmation of order nothing different one results, supply is agreed upon "starting from manufacture place Marburg/Lahn".
(2) if the customer is consumer in the sense of § 13 BGB, then dispatching takes place on danger from ANT. If the customer is an entrepreneur in the sense of § 14 BGB, then dispatching after § 447 BGB takes place on danger of the customer.
(3) requirements for lack of the customer presuppose that this is presupposed entrepreneurs, it after § 14 BGB, its investigation owed after § 377 HGB and be incumbent onnessesruegeobliegenheiten being incumbent onnesses duly followed. Also the consumer has to in writing lodge a complaint obvious errors or damages until at the latest 7 days after the receipt of the goods. Hidden errors or damages are to be lodged a complaint until at the latest 7 days after.Otherwise no requirement on rework/subsequent delivery exists. 
As if entitled lack of pictures apply only technical inadequacies after the state of the art would have been avoidable, not however geschmackliche criteria as for example chromatic distortions.Expressly no guarantee for agreeing colors of the pictures with the original image files is ensured. Coloured differences are not recognized as complaint. Further no complaints are recognized, which are caused by an unsatisfactory quality (e.g. dissolution) the originals image files. 
An adhesion for damages or the loss of data on own or other data media as well as on the electronic communication lines and networks is expressly impossible.
(4) so far a lack of the purchase thing is present, is justified the customer after its choice to the Nacherfuellung in form of a lack removal or for the supply of a new faultless thing. In the case ANT is committed to the lack removal, all expenditures, in particular transport -, necessary for the purpose of the lack removal, ways -, to carry work and material costs as far as these do not increase by the fact that the purchase thing was spent after another place than the place of delivery.
(5) if the Nacherfuellung fails twice, then the customer is entitled after its choice to require resignation or reduction.
(6) ANT clings according to the legal regulations, if the orderer makes claims for damages valid, those on resolution or rough negligence, from resolution or rough negligence of the representatives or executing aides of ANT is inclusively based. As far as ANT a deliberate violation of contract is not charged, the payment of damages adhesion is limited to the foreseeable, typically occurring damage.
(7) ANT clings according to the legal regulations, if ANT imprisonment for debt hurts a substantial contract obligation; in this case however the payment of damages adhesion is limited to the foreseeable, typically occurring damage.
(8) so far, is the adhesion of ANT is entitled to the orderer a requirement on substitution of the damage instead of the achievement also in the context of Abs. (5) on substitution of the foreseeable, typically occurring damage limits.
(9) the adhesion because of culpable injury of the life, the body or the health remains unaffected; this applies also to the compelling adhesion after the product liability law.
(10) so far not managing something deviating regulated is, is impossible the adhesion.
(11) the period of limitation for requirements for lack amounts to 12 months, counted starting from passage of the risk
(12) a large adhesion on payment of damages as here intended, is  – impossible without consideration for the right nature of the validly made  – requirement. This applies in particular to claims for damages from being to blame for with conclusion of a contract, because of other obligation injuries or because of deliktischer requirements on replacement of damages to property in accordance with § 823 BGB.
(13) so far the payment of damages adhesion opposite ANT impossible or reduced is, applies this also regarding the personal payment of damages adhesion of the employees, employee, coworker of ANT.

§12 area of jurisdiction

(1) it applies the right of the Federal Republic of Germany. 
(2) if the customer is buyer, legal entity of the public right or public special estate, exclusive area of jurisdiction for all disputes from the contractual relation is Marburg/Lahn. The same applies, if the customer does not have a general area of jurisdiction in Germany or his domicile or usual stay does not admit at the time of the complaint collection is.

§13 InterNet operational readiness level

(1) ANT dissociates itself expressly from all contents on its InterNet operational readiness level of verlinkter sides and diagrams inclusive all lower surfaces. ANT does not have influence on the organization of these sides, for whose contents the respective operator/owner is responsible always.
(2) ANT points out expressly that all data on the InterNet operational readiness level of ANT without guarantee are and any adhesion by incorrect, incomplete or outdated information is impossible. 

§14 Salvatori clause

(1) if individual regulations of these general trading conditions should be whole or partially ineffective or become, then this does not affect the effectiveness of the remainder clause or the remaining clauses. Instead the ineffective clause or their ineffective part replaced by a regulation, which comes that economically and legally wanting next.



* "AstroFraming" is a service of astro+native Technologies GbR. 

Imprint
AstroNative Technologies GbR
Stephan Heinsius and Harald Petrich
Gladenbacher Weg 55
35037 Marburg
Tel: 06421 183 70 20
(0.14 euro from the German fixed net; prices from portable radio nets, if necessary deviating)
Fax: 01805-5529001224 
service(at)astronovica.com