§ 1 Scope and provider / general
§ 1.1
These general terms and conditions apply to all orders placed via the online shop of Source IT Distribution GmbH, Sillensteder Strasse 213, 26441 Jever Managing Director: Jörg Fessel, Oldenburg District Court HRB 131428 (hereinafter AGANDO), as well as via their offer on the ebay internet platform be given. Agando Shop is a certified online shop and has submitted to the Trusted Shops Code of Conduct (available at www.trustedshops.de). Service hotline: Mon to Fri 9 a.m. to 5 p.m., phone: 04461-94 95 96, e-mail: helpdesk@agando.de
§ 1.2
All product names are the property of the respective manufacturer. Product images are partly exemplary images and may differ from the products ordered / delivered.
§ 1.3
The buyer's purchasing conditions are only effective if they have been specially agreed and confirmed by us in writing.
§ 2 Conclusion of contract
§ 2.1
The product presentations in the online shop serve to submit a purchase offer and do not represent a legally binding offer, but an online catalog. By clicking the button [Buy now] (online shop), you place a binding order for the goods in the shopping cart / of the respective article.
§ 2.2
A contract is only concluded when the customer order is accepted by Source IT Distribution GmbH. The e-mail automatically generated with the order with the information about an order does not represent an acceptance of the customer order. The customer will either be informed of the conclusion of the contract by Source IT Distribution GmbH through an explicit confirmation or at the latest when the goods ordered are delivered, within 14 days of receipt of the customer's order by Source IT Distribution GmbH. Processing the order in-house does not yet constitute acceptance of the contract.
§ 2.3
If our order confirmation contains typographical or printing errors or if our price determination is based on technical transmission errors, we are entitled to dispute, whereby we have to prove our error to you. Payments already made will be refunded to you immediately.
§ 2.4
We supply as long as we are not out of stock. If the ordered product is not available because we are not being supplied with this product by our supplier or the order contains products whose availability in the online shop is indicated with "Not available" or "Will be ordered" is marked, we can withdraw from the contract, but only if we are not responsible for this non-delivery. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish a comparable product to be delivered, we will immediately reimburse you for any consideration already paid. The same applies in the event that the order relates to configured AGANDO PC systems or notebooks and individual components are not available and cannot be procured within a reasonable time.
§ 3 Prices
§ 3.1
The prices stated on the product pages include the statutory value added tax and other price components and do not include postage.
§ 4 Shipping
§ 4.1
The shipping costs incurred are displayed in the order completion.
§ 5 Delivery terms
§ 5.1
Unless otherwise stated in the offer, delivery is only made to the European countries we supply.
§ 5.2
Unless otherwise stated in the offer, the delivery time is 3-10 working days.
§ 5.3
If not all of the products ordered are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.
§ 5.4
If the delivery of the goods fails despite three delivery attempts, we can withdraw from the contract. Any payments made will be reimbursed to you immediately.
§ 6 Payment terms
§ 6.1
Payment can be made in advance, cash on delivery, PayPal, instant transfer, AmazonPay, invoice or credit card. We reserve the right to exclude individual payment methods.
§ 6.2
If you choose to pay in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. If you pay by credit card, your account will be charged immediately when you place your order.
§ 6.4
You are only entitled to offset if your counterclaims have been legally established or are undisputed.
§ 6.5
You can only exercise a right of retention if the claims result from the same contractual relationship.
§ 7 Retention of title
§ 7.1
The goods remain our property until full payment has been made. Pledging, assignment by way of security, processing or redesign without our consent is not permitted prior to the transfer of ownership.
§ 8 Right of withdrawal
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the sample cancellation form provided by us (https://www.agando.de/widerruf_agando.pdf), but this is not mandatory.
Source IT Distribution GmbH, Sillensteder Straße 213, 26441 Jever, Germany - E-mail: helpdesk@agando.de - Fax: 04461 / 94 95 99 - Tel.: 04461 / 94 95 96
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest one we offer Standard delivery), to be repaid immediately and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract.
The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
The right of revocation does not apply to distance sales contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer and not for distance sales contracts for the delivery of clay - or video recordings or computer software in a sealed package if the seal has been removed after delivery.
You can also download the information on Source IT Distribution GmbH's right of withdrawal as a PDF file: https://www.agando.de/widerruf_agando.pdf
§ 9 Transport damage
§ 9.1
If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible. Tel: 04461-94 95 96, Fax: 04461-94 95 99, E-mail: helpdesk@agando.de
§ 9.2
Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
§ 10 Guarantee
§ 10.1
The warranty is subject to legal regulations.
§ 10.2
If the purchase item is a used item, the warranty period is one year.
§ 10.3
We do not accept any liability for damage and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, from overuse or improper repairs by an unauthorized service partner.
§ 10.4
If the buyer is an entrepreneur, legal entity under public law or public law special fund, the following applies:
- The warranty period is one year.
- The buyer is obliged to notify SOURCE IT Distribution GmbH in writing of any obvious defects within a period of two weeks from receipt of the goods. After this period, the assertion of obvious defects is excluded.
§ 10a Warranty Statement
§ 10a.1
In addition to the seller's statutory liability for material defects, SOURCE IT Distribution GmbH guarantees the perfect durability and serviceability of the products listed below under the following conditions.
§ 10a.2
The guarantee extends to the functionality of all AGANDO PC systems and the components built into them and relates exclusively to defects that can be traced back to material or manufacturing defects.
§ 10a.3
Are excluded from the guarantee
- improper use,
- Use of force, damage by external influences or by foreign bodies,
- Damage caused by failure to observe the instructions for use,
- normal wear and tear.
§ 10a.4
Our guarantee consists solely in the fact that we repair the PC system free of charge for the first end user within the guarantee period. In the event of a warranty claim, we will have the PC system picked up at our expense within the first six months and will deliver it again after the repair. This so-called pick-up and return service is only valid within Germany and only within the first six months (optionally extendable to up to 36 months). Outside of Germany, however, the guarantee holder will not be reimbursed for costs, expenses, postage and the like. The guarantee is only valid upon presentation of the product and the purchase receipt.
§ 10a.5
The warranty period for all AGANDO PC systems is three years. Two years for AGANDO Notebooks. It begins on the day of purchase by the first end user. The date printed on the invoice is decisive for this. In the event of complaints that trigger the warranty claims mentioned, please contact the following address in writing, presenting the purchase receipt: SOURCE IT Distribution GmbH, Sillensteder Straße 213, 26441 Jever, Germany.
§ 11 Liability
§ 11.1
We exclude our liability for slightly negligent breaches of duty, insofar as these do not concern essential contractual obligations, damage from injury to life, limb or health or guarantees or insofar as claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents.
§ 11.2
Should it be necessary to reinstall the operating system or replace a hard drive as part of warranty or guarantee repairs, this will be carried out without further consultation. It is in the customer's own interest to ensure that all important data is backed up before sending the system. In this context, no liability is accepted for any loss of data.
This information has been outsourced. You can now find all information in our separate privacy policy declaration.
§ 13 Place of fulfillment
§ 13.1
If the buyer is a merchant, legal entity under public law or special fund under public law, Jever is the place of fulfillment for all obligations arising from the contractual relationship, including any warranty claims.
§ 14 Place of jurisdiction
§ 14.1
If the buyer is an entrepreneur or legal person under public law or a special fund under public law, Jever is agreed as the place of jurisdiction.
§ 15 Online dispute resolution
§ 15.1
Online-Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO: Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie unter https://ec.europa.eu/consumers/odr/ finden.
Unsere E-Mail-Adresse lautet: helpdesk@agando.de
Online dispute resolution in accordance with Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/.
Our email address is: helpdesk@agando.de
§ 16 Final provisions
§ 16.1
Should any provision of these general terms and conditions be ineffective, the rest of the contract remains effective. In place of the invalid provision, the relevant statutory provisions apply.
§ 16.2
German law applies.
Last change: 25.02.2021 - Source IT Distribution GmbH
Partner AGBs