Terms of PurchaseAugust 2023
Scope of Application
- The following terms of purchase (hereinafter: “Terms of Purchase”) apply if you (hereinafter: "User” or “you") purchase licenses, products and services (hereinafter: “Products and Services”) directly from Pomfort GmbH (hereinafter: “Pomfort” or “we”).
- Pomfort and the User enter into an agreement for the purchase of Products and Services (hereinafter: “Purchase-Agreement”) if Pomfort provides the User with an offer and the User accepts this offer within the term stated on the offer. Please note that your request is not accepted as order conformation if we only inform you about having received your request. The language provided for the conclusion of the agreement is English.
- When you enter into the Purchase Agreement with us, you must be fully legally competent and operate as a business customer (not as consumer).
- Pomfort is entitled to change these Terms of Purchase within an existing contractual relationship if the User agrees. The User's consent shall be deemed to have been given if Pomfort has notified the User in text form no later than 6 weeks before the proposed date of its entry into force and the User has not objected in text form within 6 weeks after receiving the notice. In this notice, Pomfort informs about the respective changes by means of a special, highlighted reference to the relevant changes.
Our Products and Services
- All fees for the use of our Products and Services shall be as set forth in the applicable order form at the time of ordering.
- Unless otherwise noted, all currency references are in Euro for customers from Europe and otherwise in U.S. Dollars. If not explicitly otherwise stated, VAT shall be applied accordingly.
- We offer different payment options which are listed in our order form.
- If not stated otherwise in the order form, you agree to pay all fees within fourteen (14) days from the date of our valid invoice.
- The User is obligated to notify Pomfort in writing of any defects in Pomfort’s Products and Services in writing without undue delay after their discovery. In the case of material defects this shall be done by describing the time of occurrence of the defects and the detailed circumstances.
- Pomfort shall be liable to the User acting as legal entities as follows: For contractual and other claims of the User on the merits only for damages of the User (1) which Pomfort, Pomfort's legal representatives or vicarious agents have caused intentionally or by gross negligence, (2) from injury to life, body or health which is based on a breach of duty by Pomfort or Pomfort's legal representatives or vicarious agents, (3) in cases of liability under the German Product Liability Act (“Produkhaftungsgesetz”), the assumption of a guarantee or due to fraudulent misrepresentation and (4) arising from the breach of an obligation the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the Supplier regularly relies and may rely (so-called cardinal obligation).
- The liability of Pomfort is in cases (1), (2) and (3) of the above paragraph unlimited in amount. Otherwise, liability is limited to the foreseeable damage typical for the contract.
- In cases other than those mentioned in 5.1. and 5.2. and without prejudice to the following paragraph, liability on Pomfort's part is excluded irrespective of the legal grounds.
- The above limitations of liability shall apply accordingly to all of Pomfort's organs, employees and vicarious agents. They do not effect any change in the statutory burden of proof.
- Other verbal or written agreements do not exist.
- The complete text of the Purchase Agreement is not stored by us for you. Before entering into the Purchase Agreement, you can print the contract data can or save it electronically.
- The headings of these Purchase Terms have been included for convenience only and shall have no meaning for the interpretations of these Purchase Terms.
- The laws of the Federal Republic of Germany shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive place of jurisdiction for all disputes between Pomfort and the User is Munich, Germany.
- Cancellation, amendments or additions to the Purchase Agreement must be made in writing. Verbal agreements, including the verbal agreement of the cancellation of the written form are invalid.
- If individual provisions of the Purchase Agreement are or become invalid in whole or in part, the contract shall remain valid. The invalid provision shall be replaced by the statutory provision.