1. General/conclusion of contract/distance contract return clause

1.1 The following provisions apply exclusively to all deliveries, services, development and consulting services provided by KreaSoft L.L.C. to the customer. In addition to this, the manufacturer’s license conditions attached to the contractual products may apply, to which additional reference is made.

In particular, the following are considered to be services within the meaning of Section 1:

• Advice: handling and organization advice, conception advice
• Project advice and support: project planning, project organization, installation support, integration support
• Training: Expert (administrator) training, end user training

1.2 Consumers within the meaning of the terms and conditions are natural persons with whom a business relationship is entered into without a commercial or self-employed professional activity being attributable to them.

Entrepreneur i. s.d. Terms and Conditions are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, who act in the exercise of a commercial or self-employed professional activity.

Customer in the sense of the terms and conditions are both consumers and entrepreneurs.

1.3 Deviations, conflicting or supplementary general terms and conditions, even if known, do not become part of the contract unless their validity is expressly approved in writing.

1.4 Our offers and information regarding the devices and product descriptions sold by us are non-binding unless a binding assurance is expressly given.

In view of the constant technical development and improvement of our products, we reserve the right to make changes in the construction and design compared to the information given in our various offers and publications, provided this does not affect the value of the products we offer. This also applies to changes that serve to maintain the ability to deliver the products we offer.

1.5 By ordering a product, the customer makes a binding declaration that they want to purchase the ordered product.

1.6 The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with our supplier.

1.7 Transfers of rights and obligations from the purchase contract require our written consent.

1.8 If the consumer orders the goods electronically, the text of the contract will be saved by us and sent to the customer by e-mail on request together with these General Terms and Conditions.

The consumer has the right to return the goods within 2 weeks of receipt. The right of return can only be exercised by returning the goods or, if the goods cannot be sent as a package, by requesting their return; timely dispatch is sufficient to meet the deadline.

The consumer bears the costs for the return.

The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer may inspect the goods cautiously and carefully. The consumer has to bear the loss of value, which leads to the fact that the goods cannot be sold as “new” due to the use that goes beyond the mere examination.

2. Grant of Rights

Unless otherwise agreed, the following applies:

In so far as work results that can be protected as part of the services provided by KreaSoft L.L.C. e.g. B. Specifications, individual programs, the customer does not receive exclusive rights of use.

3. Cooperation of the parties, cooperation of the customer

3.1 At the beginning of the work of KreaSoft L.L.C., the customer shall designate KreaSoft L.L.C. a contact person who is authorized to make important decisions regarding the services to be provided by KreaSoft L.L.C. or to bring about such necessary decisions. In particular, this contact person establishes the necessary contacts with the customer’s specialist departments for the work of KreaSoft L.L.C., ensures the necessary communication with all departments in the customer’s premises for the work for KreaSoft L.L.C. and takes over the scheduling coordination of the Work by KreaSoft L.L.C. with the affected departments at the customer.

3.2 The customer shall provide the necessary work equipment for the work of KreaSoft L.L.C., in particular if work is required on the customer’s premises, the premises and infrastructure required for this.

The customer is obliged to support the work of KreaSoft L.L.C. as best as possible.

3.3 The customer will examine the services provided by KreaSoft L.L.C. for completeness and any defects and notify KreaSoft L.L.C. of any complaints immediately. §377 HGB applies.

The customer will document any defects that occur in a comprehensible manner and notify KreaSoft L.L.C. in writing after their discovery.

Prices and terms of payment

4.1 The list prices at the time the goods are ordered apply to the delivery.

4.2 Our prices do not include separate accessories, installation, training and other ancillary services, unless otherwise agreed in writing, plus any shipping costs that may arise.

4.3 Our invoices are due immediately upon delivery of the goods and handover of the invoice and are payable net without deductions.

During the delay, the consumer must pay interest on the money owed at a rate of 5% above the applicable base interest rate.

During the delay, the entrepreneur has to pay interest on the money owed at a rate of 8% above the base interest rate. We reserve the right to prove and claim higher damage caused by default vis-à-vis the entrepreneur.

Bills of exchange or checks are only accepted by agreement and on account of performance.

Discount and collection charges are at the expense of the customer. For the timely submission, we assume no liability.

4.4 If a customer does not accept the goods sold, we are entitled to either insist on acceptance or to demand 15% of the purchase price as a flat-rate compensation for damages and expenses. We reserve the right to demand demonstrably higher damages. The flat-rate compensation is reduced to the extent that the customer proves that no expenses or damage have been incurred.

4.5 The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

The customer only has a right to offset if his counterclaims have been legally established or have been recognized by us.

5. Delivery time

5.1 Binding delivery dates must be agreed in writing. The deadline is met if the delivery item is sent before the deadline expires.

5.2 The delivery period may be extended by the time it takes for the customer to provide us with the information and documents necessary for the execution of the order.

5.3 The delivery time is extended appropriately in the case of measures in the context of work stoppages, in particular strikes and lockouts as well as circumstances for which we are not responsible, such as legal and official orders or in cases of delays in delivery and force majeure.

We are also not responsible for the aforementioned circumstances if they arise during an already existing delay.

5.4 If we are in default with the delivery, our liability for damages in the case of slight negligence is limited to an amount of 50% of the foreseeable damage. If the customer is an entrepreneur, this claim is excluded due to slight negligence. Further claims for damages only exist if the delay is due to intent or gross negligence.

6. Delivery, place of performance, transfer of risk

6.1 We are entitled to make partial deliveries for partial fulfillment of the contract. This does not apply if the customer proves that a partial fulfillment of the contract is of no interest to him.

Partial deliveries apply to payment obligations, transfer of risk and warranty obligations as independent deliveries.

6.2 Prishtina is agreed as the place of performance for all mutual services owed under the contract, including any claims for reimbursement.

6.3 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon delivery, in the case of mail-order sales upon delivery of the goods to the freight forwarder, carrier or other person or institution responsible for carrying out the shipment .

If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the item sold only passes to the buyer when the item is handed over, even in the case of mail-order sales.

The handover is the same if the customer is in default of acceptance.

6.4 We can determine the shipping method, the shipping route and the company commissioned with shipping at our discretion, unless the customer gives express instructions. Shipping is at the customer’s expense.

7. Retention of Title

7.1 In the case of contracts with consumers, we reserve title to the goods until the purchase price, including all ancillary claims, has been paid in full.

In the case of contracts with entrepreneurs, we reserve title to the goods until all claims and ancillary claims from an ongoing business relationship have been settled in full.

If the customer behaves in breach of contract, we are entitled to demand the return of the purchased item. Taking back or pledging the reserved item does not constitute a withdrawal from the contract.

7.2 In the event of seizure or other interventions by third parties, the customer must inform us immediately in writing.

7.3 The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice that accrue to him through the resale to a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and defaults on payment.

8. Warranty/Disclaimer

8.1 If the customer is an entrepreneur, we initially provide a warranty for defects in the goods, at our discretion, by rectification or replacement delivery.

8.2 If the buyer is a consumer, he initially has the choice of whether subsequent performance is to be carried out by means of repairs or a replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.

8.3 If the supplementary performance fails, the customer can demand a reduction in payment (abatement) or cancellation of the contract (withdrawal) at his discretion. In the event of only a minor breach of contract, in particular in the case of only minor defects, the customer is not entitled to withdraw from the contract.

8.4 If damage is due to the fault of KreaSoft L.L.C. as well as fault on the part of the customer, the customer must allow his contributory fault to be taken into account. In particular, the customer is responsible for regularly backing up his data. In the event of a loss of data for which KreaSoft L.L.C. is responsible, KreaSoft L.L.C. is only liable for the costs of duplicating the data from the backup copies to be made by the customer and the reconstruction of the data that would have been lost even if backup copies were made at reasonable intervals .

8.5 If the customer of KreaSoft L.L.C. changes work results himself or has them changed by third parties, the claims for material and legal defects shall lapse unless the customer proves that the defects that have occurred are not attributable to the change and also the defect analysis and rectification of defects by KreaSoft L.L.C. is not impaired.

8.6 Entrepreneurs must notify us in writing of obvious defects within a period of 2 weeks from receipt of the goods, otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.

Consumers must inform us in writing of obvious defects within a period of 2 months after the point at which the non-conforming condition of the goods was determined. The receipt of the notification by us is decisive for keeping the deadline. If the consumer fails to provide this information, the warranty rights expire 2 months after he has discovered the defect. This does not apply to proven fraudulent intent. The consumer bears the burden of proof for the time at which the defect was discovered. If the consumer was persuaded to buy the item by incorrect manufacturer statements, he has the burden of proof for his purchase decision. In the case of used goods, the consumer bears the burden of proof that the item is defective.

However, services are deemed to have been duly accepted or delivered no later than 2 weeks after handover if the customer does not submit a written notice of defects.

8.7 If the customer chooses to withdraw from the contract due to a right or defect after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect.

If he customer chooses compensation after subsequent performance has failed, the goods remain with the customer if this is reasonable for him. Compensation for damages is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have fraudulently caused the breach of contract.

8.8 For entrepreneurs, the warranty period is 2 years from delivery of the goods. For consumers, the limitation period is 2 years from delivery of the goods. For used items, the limitation period is 1 year from delivery of the goods. This does not apply if the customer has not notified us of the defect in good time.

8.9 For the entrepreneur, only the product description of the manufacturer applies as a matter of principle as agreed. Public statements, promotions or advertising by the manufacturer do not represent any contractual information on the quality of the goods.

8.10 The customer does not receive any guarantees from us in the legal sense. Manufacturer guarantees remain unaffected.

In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, immediate average damage. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents.

We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.

The above limitations of liability do not affect the customer’s claims for product liability. Furthermore, the limitations of liability do not apply to bodily injury or damage to health that is attributable to us, or to the loss of life of the customer.

Claims for damages by the customer due to a defect expire after 1 year from delivery of the goods. This does not apply if we be accused of fraud.

9. Withdrawal and Compensation for Unfulfilled Orders

9.1 We can withdraw from the contract if we become aware of a cessation of payments, the opening of bankruptcy or court composition proceedings, the refusal of bankruptcy due to lack of assets, protests of bills of exchange or checks or other concrete indications of a deterioration in the customer’s financial situation.

9.2 If we withdraw from the contract or if the order is not carried out for reasons for which the customer is responsible, the customer must pay us a lump-sum compensation of 15% of the purchase price for our expenses and the loss of profit. We reserve the right to demand demonstrably higher damages. The flat-rate compensation is reduced to the extent that the customer proves that no expenses or damage have been incurred.

10. Software, Literature

When software is supplied, the special license and other conditions of the manufacturer apply in addition to our conditions. By accepting the software, the buyer expressly acknowledges its validity.

11. Use of Customer Data

We are entitled to process all data relating to business relationships with customers in accordance with the  Constitution of the Republic of Kosovo (‘the Constitution’). Article 36, paragraph 4 of the Constitution stipulates that the collection, storage, access, correction, and use of personal data is regulated by law.

12. Export License

Any approval from Kosovo’s Institutions that may be necessary for the export of the delivered goods must be obtained by the customer in his own name and at his own expense. The refusal of such an export license does not entitle the customer to withdraw from the contract.

13.Place of Jurisdiction, Partial Invalidity, Applicable Law

13.1 The law of the Republic of Kosovo applies. The provisions of the UN sales law do not apply.

13.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed.

13.3 Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to the ineffective one