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General terms and conditions
General delivery conditions for the online shop
§ 1 Scope
- These conditions of sale and use (hereinafter referred to as "conditions") are applicable to all contracts from Harman Becker Automotive Systems GmbH, Becker-Göring-Straße 16, 76307 Karlsbad, Germany, (hereinafter referred to as "HARMAN"), that are concluded by means of the Becker MAP PILOT online shop (hereinafter referred to as "online shop").
- The products offered in the online shop are intended solely for consumers (hereinafter referred to as "customers"). Customers are obligated to make truthful statements regarding their consumer status if requested to do so in the order process. Even if not requested to provide any separate information in this regard, the customer declares that he is a consumer by placing the order in the online shop. A consumer within the meaning of these conditions is any natural person who concludes a contract for purposes that are predominantly outside of his trade, business or profession.
- The valid version of the terms at the point in time when the contract was concluded shall be decisive.
- HARMAN does not accept any diverging conditions of the customer. This also applies if HARMAN does not expressly object to their inclusion.
§ 2 Products and System Requirements
- The products offered are described in the online shop. Unless otherwise stated, they comprise data and information to be used for the Becker MAP PILOT solution (hereinafter referred to as "map data") and other products where applicable.
- The map data can only be used in combination with navigation devices that support the "Becker MAP PILOT" solution (hereinafter referred to as "navigation device"). Prior to being used, the map data is automatically linked to the navigation device used by the customer so that use with any other device is technically impossible.
- The application requires use of additional software on the customer's PC - specifically "Becker Content Manager" (hereinafter referred to as "Content Manager"). The installation software for the Content Manager is pre-installed on the navigation device. The Content Manager can be downloaded (also as an update) free of charge in the online shop subject to the licensing conditions specified in the online shop.
§ 3 Conclusion of the Contract
- By presenting and promoting products in the online shop, HARMAN does not make any binding offer to sell products or to conclude contracts regarding map updates.
- If the customer submits his order via the online shop by means of clicking on the "order with an obligation to pay" button, he thereby places a legally binding order. The statutory provision (§ 147 para. 2 German Civil Code (Bürgerliches Gesetzbuch -BGB)) applies in relation to the time period for which the order is binding.
- The order requires prior, free of charge registration by the customer and the submission of the information requested in this regard in the online shop. If the customer wishes the delivery to be made by download (c.f. § 6 para. 1), the order can only be submitted if he has connected the navigation device and downloaded the Content Manager onto his PC (c.f. § 2 para. 4 and 5). In such cases, the serial number of the navigation device is retrieved automatically in the download process and it is stored for any subsequent update orders.
- HARMAN will immediately confirm in an email the receipt of customer orders which are submitted via the online shop. An email confirmation of this type does not represent a binding acceptance of the order.
- A contract is only concluded if HARMAN accepts the customer order, e.g. by means of a declaration of acceptance, by delivery of the ordered products or by debiting the customer's bank account.
§ 4 Prices and Postage Costs
- All of the price specifications in the online shop are gross prices including statutory VAT. Any postage costs incurred are added to these gross prices and are to be borne by the customer.
- The price including VAT and any postage costs incurred is displayed in the online shop and is also shown on the order screen prior to submitting the order.
§ 5 Payment Terms
- The payment methods stated on the order screen are available to the customer. The information requested for the chosen payment method must be truthfully entered on the order screen.
- HARMAN is entitled to insist upon payment prior to delivery of the ordered products. For this purpose, HARMAN may use the information provided by the customer to debit the customer's bank account immediately upon receipt of the information and prior to delivery of the ordered products. The customer's bank account is to be debited for the price of the ordered products and for any postage costs incurred. Independently of the rights pursuant to clause 1 and 2, payment (purchase price plus postage costs) is to be made, in each instance, no later than two (2) weeks subsequent to receipt of an invoice. HARMAN is entitled to issue invoices in an electronic format, in particular by email.
- The customer is not entitled to offset claims from HARMAN unless his counter-claims are undisputed or have been established by law. This restriction of the right to offset does not apply to offsetting against claims from HARMAN which arise from the same contract as the claim to offset and which have a relationship of mutuality with this claim to offset (such as in the event of offsetting a claim for compensation due to defective or delayed delivery against the purchase price claim for this delivery).
§ 6 Delivery
- The delivery of the map data that is ordered is done on the basis of the product description in the online shop and is either by means of a download or via delivery of a data carrier (SD card) on which the map data is saved. The customer selects his desired method of delivery in his order.
- Delivery by download is performed by means of transferring the map data onto the customer's computer from which the order is made. HARMAN retains the ordered map data in the customer's personal order overview for this purpose to be immediately downloaded and for a period of up to six (months) subsequent to the order for repeated downloading. The customer has no claim to the provision of the download beyond the aforementioned time period.
- The delivery time for the data carrier is stated in the online shop. These delivery times are approximate. Delivery times commence upon conclusion of the contract.
- HARMAN is only obligated to deliver upon prior payment being made by the customer (c.f. § 5 para. 2).
§ 7 Self-Delivery Clause
If HARMAN is not able to deliver or is not able to effect timely delivery of an ordered product for reasons for which HARMAN is not to blame as a result of non-delivery, delayed or defective delivery by a supplier, although HARMAN had concluded an appropriate contract of purchase with the supplier prior to conclusion of the contract, HARMAN is entitled to be released from the obligation to deliver. In such cases, HARMAN is obligated to inform the customer immediately of the non-availability of the product and, where applicable, to reimburse any counter-performance already rendered without delay.
§ 8 Rights of Use
- HARMAN grants the customer a right to use the supplied maps and other data, including any software supplied with them (hereafter referred to collectively as the "licensed article") in conjunction with a legally acquired navigation device, for the purpose of normal use of the Becker MAP PILOT solution. This right is unlimited in terms of time and location, it is non-exclusive and is non-transferable with the exception of clause 3. The customer may make a backup copy.
- The customer may not edit, adapt or otherwise change the licensed article in any way. Furthermore, the customer is not permitted to grant sub-licences to the licensed article.
- It is only permissible to transfer the licensed article under the following conditions: (a) The licensed article may only be transferred in its entirety i.e. not merely in parts, (b) the customer acting as the transferring party must have rendered all of the copies in his possession unusable prior to transfer - this includes copies on a navigation device in his possession and any backup copies he may have made (c) the customer acting as the transferring party must have informed the purchaser, in writing, of the limitations of use set out in these conditions. All of the customer's rights of use expire with the transfer of the licensed article and the purchaser is only entitled to use the licensed article according to the limitations of use set out in these Conditions. The customer is not entitled to assign the contract concluded with HARMAN. Under such contracts, it is only the customer who remains obligated and entitled in the event of the licensed article being transferred. This clause applies accordingly to the customer, e.g. where applicable on account of an update due as part of an ongoing contract.
- In addition, the end user licence conditions of the suppliers of the products integrated in the map data shall apply.
§ 9 Right of Cancellation
- The customer has a right of cancellation in accordance with statutory conditions.
- With regard to the right of cancellation, the statutory provisions apply as do the regulations that are expressed in detail in the following
Right of Cancellation
You have the right to withdraw from the contract within fourteen days without giving any reasons.
The cancellation period is fourteen days
- from the day the contract was concluded (in the case of a contract for delivery of digital content that is not delivered on a physical data carrier, e.g. in the case of provision of digital map data to download)
- or from the day on which you, or a third party appointed by you, who is not the carrier, took possession of the goods (in the case of a purchase agreement for goods, e.g. SD cards that are ordered and have been ordered in a single order and are not delivered separately)
- or from the day on which you, or a third party appointed by you, who is not the carrier, have/has taken possession of the final goods (in the case of a contract for multiple goods, e.g. SD cards that were ordered in a single order and which were delivered separately)
- or from the day on which you, or a third party appointed by you, who is not the carrier, took possession of the first goods (in the case of a contract for regular supply of goods, e.g. SD cards over a set period of time).
In order to exercise your right of cancellation, you must inform us,
Harman Becker Automotive Systems GmbH
Becker-Göring-Straße 16, 76307 Karlsbad, Germany
Telephone: +49 7248 71 5191
Fax: +49 7248 71 8191
by means of a clear declaration (e.g. a communication sent by post, fax or email) of your decision to withdraw from this contract. To this end, you can use the attached sample cancellation form. However, this is not prescribed.
To comply with the cancellation period, it is sufficient for you to send notification of your decision to exercise your right of cancellation prior to expiry of the cancellation period.
Consequences of Cancellation
If you withdraw from this contract, we are obligated to refund all payments that we have received from you, including postage costs (with the exception of additional costs that arise as a result of you having chosen a delivery method other than the standard, cheaper, delivery method offered by us), without delay and no later than fourteen days after day on which we received notification of your withdrawal from this contract. With regard to these refunds, we will use the same payment method as you used for the original transaction unless an express agreement to the contrary has been made with you. Under no circumstances will you incur any charges as a result of this refund. We are able to refuse the refund until you have returned the goods to us or until you have provided evidence to show you have sent back the goods. Whichever is the earlier point in time shall apply.
You are obligated to return or deliver the goods without delay and, under all circumstances, no later than fourteen days after the day on which you informed us of your withdrawal from this contract. The goods are to be sent or delivered to Harman Becker Automotive Systems GmbH, Becker-Göring-Straße 16, 76307 Karlsbad, Germany. The time limit is observed if you send the goods prior to expiry of the deadline of fourteen days.
You are to bear the immediate costs incurred as a result of sending back the goods.
You are only obligated to compensate for any potential loss of value if this loss of value can be attributed to you on account of handling the goods in a manner other than what is necessary to ascertain the nature, properties and functionality of the goods.
Sample withdrawal form
Harman Becker Automotive Systems GmbH
Fax: +49 7248 71 8191
I/we (*) hereby withdraw from the contract that I/we (*) have concluded for the purchase of the following goods(*)/rendering of the following services (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in relation to paper notifications)
(*) Delete as appropriate
Information in relation to statutory exemptions from the right of cancellation:
In accordance with statutory provisions, you are not entitled to the right of cancellation, inter alia, in relation to contracts for supply of sound or video recordings or computer software in sealed packaging if the seal has been removed subsequent to delivery. In accordance with statutory provision, the right of cancellation expires with regard to a contract for the supply of digital content, which is not supplied on a physical data carrier, e.g. in the case of provision of digital map data to download, once the consumer has expressly agreed that if the contractor begins performance of the contract prior to expiry of the cancellation period and the consumer confirms that he is aware of this and that as a result of agreeing to commencement of performance of the contract he loses his right of cancellation.
§ 10 Material Defects and Defect of Title
For any material defects or defects in title in relation to the products supplied, the customer has all rights that exist in accordance with the statutory provisions available to him but on the condition that the limitations and exclusions provided for in § 11 shall apply to claims for compensation or reimbursement for expenses incurred.
§ 11 Liability
- HARMAN is liable vis-à-vis the customer in all cases of contractual and non-contractual liability where intent and gross negligence are demonstrated in accordance with statutory provisions for compensation or reimbursement of costs incurred.
- Unless otherwise regulated in para. 3, in other cases of negligent conduct, HARMAN is liable only in relation to a breach of a contractual obligation without fulfilment of which proper performance of the contract would not be possible and which the customer should generally expect to be fulfilled (referred to as a material contractual obligation), and, namely, limited to reimbursement for typical, foreseeable damage. In all other cases, HARMAN's liability is excluded subject to the regulation in para. 3.
- The liability of HARMAN for damage arising from death, physical injury and damage to health as well as pursuant to product liability laws shall remain unaffected by the aforementioned liability limitations and exclusions.
- All of the liability limitations and exclusions agreed in these general delivery conditions shall also apply in respect of management bodies and employees of HARMAN.
§ 12 Applicable Law and Jurisdiction
- The law of the Federal Republic of Germany shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer is not ordinarily resident in Germany at the time when he places his order, the application of obligatory legal regulations of the country in which he is ordinarily resident shall remain unaffected by the choice of jurisdiction in clause 1.
- The applicable statutory provisions shall apply in relation to the local and international competence of the courts.
Harman Becker Automotive Systems GmbH