Terms of Service

§ 1 Scope, General Information

1. These General Terms and Conditions (GTC) in their respective version in effect at the time of order placement shall govern the contractual relationship between

caligri GmbH
Ettighofferstr. 70
53123 Bonn
GERMANY

Email: [email protected]
Phone: +49 221 98652725

(hereinafter referred to as “caligri”) and its customers (herein after referred to as “Customers”) concerning all products ordered or leased via the caligri.com online store and via email.

The Customer may review these GTC onthe caligri.com website at any time and print them out as well as archive copy on customer’s computer.

2. GTC of the Customer that deviate from, are in conflict with or supplement these GTC shall not become components of the contract unless their applicability is expressly consented to in writing (§ 126 BGB [German CivilCode]).

3. German or English shall be the respective contract languages, depending on which of the two languages the Customer chooses. In the event of confusion with regard to the interpretation of these GTC, the German version of these GTC shall prevail.

4. Consumers as defined in these GTC shall be all natural persons that enter into a legal transaction for a purpose that can neither be primarily allocated to their commercial nor independent professional work (§ 13 BGB).

An entrepreneur is a natural or legal entity or a legally qualified partnership that when entering into a legal transaction acts while exercising the entity’s commercial or independent professional duties.

§ 2 Execution of the Contract / OnlinePortal / Product Portfolio / Conduct Requirements

1. In order to be able to enter into a contract, the Customer must be at least 18 years of age. Customers who are not yet 18 years of age shall be subject to the consent of a legal guardian.

2. On the website www.caligri.com, caligri offers the possibility to see and recherche products and services. The depiction of the products on the website shall not constitute a legally binding offer, but merely a non-binding proposal to Customers to order products (leasing objects or merchandise) from the catalog via email. Customers place orders via email by contacting caligri via email ([email protected]) ) and requesting an offer for a specific product or service. Subsequently, the Customer will receive an email with a binding offer in a standard file format (e.g. PDF) that contains all contract relevant data, including these GTC. Upon acceptance of this offer by the Customer, an order confirmation will be sent by caligri with a summary of the contract data.

3. Caligri reserves the right to change prices proportionately if material prices, manufacturing costs and/or personnel costs as well as exchange rates for imported goods change after conclusion of the contract.

4. If an order is cancelled by the customer, which requires the consent of caligri, the actual expenses incurred shall be remunerated, but at least 25 % of the net order value.

§ 3 Archiving of the Contract Copy

1. The contract copy, which includes information on the chosen product, will be archived by caligri. The Customer does not have online access to the contract copy.

2. Immediately before completing the order process, the Customer has the option to print out the order data. Moreover, the Customer shall receive an email order confirmation with all relevant data.

§ 4 Usage Rights / ConductRequirements

1. Any use that extends beyond the usage rights granted for the individual services or any misuse of the provided products is prohibited.

2. The Customer shall undertake to indemnify caligri and its fulfilment agents against any and all reimbursement entitlements of third parties as well as all expenses that result from an illegal use of the products procured from the website by the Customer.

§ 5 Prices / Payment / DeliveryTerms

1. A minimum order value is not mandated.

2. All prices are quoted in Euro and already include applicable value added tax. The costs for the shipment of goods are not included in the price. The Customer may obtain information about the former at caligri via [email protected] costs for customs clearance and any applicable import duties shall be for the Customer’s account.

3. Caligri shall have the option to send invoices exclusively via email.

4. Payment shall be made cash in advance, against debit note, via PayPal, or credit card without incurrence of any additional charges.

5. If the Customer should be in default of payment or if a charge to a credit card should not be possible for reasons the Customer is responsible for, caligri shall have the right to charge the related incurred costs to the customer. This shall be without prejudice to caligri’s right to charge additional late payment interest. The Customer shall have the option to document that caligri did not incur any damages or lesser damages.

6. The Customer shall promptly notify caligri of any changes to Customer’s banking information.

7. caligri shall not reserve ordered goods. If at the time full payment is received a product should be completely sold out and a delay in delivery should result from this, caligri shall promptly notify the Customer.

8. Delivery times quoted during the order process shall apply to deliveries within Germany. The delivery time shall begin withthe date of receipt of payment. If the last day of the delivery time should coincide with a Sunday or a government holiday at the delivery location, the following business day shall be the delivery due date. If caligri should fail to comply with an agreed upon delivery date, the Customer shall set a reasonable remedial period which in any case must be no less than two weeks.

9. Caligri shall organize transports exclusively via professional shipping companies or parcel delivery services. The Customer may obtain information on the costs incurred by caligri ([email protected])

10. If not all products should be in stock, caligri shall be permitted to make partial deliveries at its own expense if this is reasonable for the Customer.

11. If the delivery of the ordered product by caligri  should not be possible in the absence of caligri’s culpability because a caligri supplier fails to meet the contractual obligations, caligri shall have the right to rescind from the contract vis-à-vis the Customer if caligri has entered into a congruent coverage transaction with the supplier (binding, timely and adequate placement of the order) and if caligri is also not responsible for the non-delivery of the goods in any other way. In such a case caligri shall promptly notify the Customer that the ordered goods are no longer available. Payments already made by the Customer shall be promptly refunded.

12. If the fulfilment of the delivery obligations should not be possible due to force majeure the delivery time shall be reasonably extended. caligri shall also promptly notify the Customer of such circumstances.

13. The Customer assures caligri that the provided delivery address is correct. If an erroneous delivery address should result in the repeated incurrence of costs for the repeated delivery of the ordered goods, these costs shall be for Customer’s account.

14. In the event of the unwinding of a purchase agreement, the amounts already paid to caligri by the Customer shall be refunded at the latest within 14 days, provided caligri has already received the returned goods or the Customer documents that Customer has shipped the goods. The reimbursement shall be made in the same format as the original payment.

§ 6 Revocation Information / ConsumerRevocation Rights

In the cases stipulated in respective laws, the Customer who is a consumer as defined in § 13 BGB shall be entitled to the right to revoke if the customer is in fact a consumer and the contract is a remote sales contract orthe contract has been made outside of the business premises. The Revocation Information, along with information on the consequences of revocation as well as a sample revocation form shall be provided to the Customer for contracts made for remote sales under the link “Revocation Information” on www.caligri.comor in the case that contracts have been made outside of the business premises, as an annex to the contract.

§ 7 Return Shipping Costs

Unless otherwise agreed upon, the direct costs for the return shipment shall be for Customer’s account. This information is also provided  under the link “Revocation Information”.

§ 8 Title Retention

1. In the case of the purchase of goods, the purchased object shall remain the property of caligri until full payment has been made. This shall also apply in the event that a credit card charge cannot be made due to circumstances the Customer is responsible for. In the case of contracts with entrepreneurs, the title retention shall be in effect until full payment for all accounts payable arising from the business relationship with the Customer has been made.

2. Prio rto the title transfer any attachment, conveyance as collateral, processing orconversion of the purchase object in the absence of caligri’s consent shall not be permitted.

3. The Customer shall notify caligri of any third party access, in particular court enforced collection measures as well as other impairments of the property promptly and in writing. The Customer shall reimburse caligri for all damages and costs that arise as the result of a breach of this obligation and the required intervention measures combating such third party access. The same shall apply to all damages and costs that are incurred as a result of the unwinding of the contract due to payment delays.

4. If the Customer is an entrepreneur, the Customer shall have the right to resell the goods subject to title retention as part of regular business transactions. The Customer herewith assigns to caligri any and all accounts receivable acquired as a result of the resale to third parties in the amount equal to the invoice amount. Caligri herewith accepts the assignment.

If the value of the existing collateral exceeds the secured accounts receivable by more than 10 %,  caligri shall undertake to release the collateral at its discretion upon Customer’s demand to do so.

§ 9 Additional Terms for the Execution ofLeasing Contracts

1. When reserving leased property, the term of the contract shall arise from the product description on www.caligri.com. The time between the pick-up of the device by the Customer and its return to caligri shall be the time basis.

2. The leasing cost, unless otherwise agreed upon, shall be due for payment in one single amount for the entire leasing period within 14 days after the invoice date. Customers outside of Germany shall be required to transfer the entire amount prior to accepting the leased object.

3. For the duration of the leasing period, the Customer shall cover all costs related to the operation and possession of the leased devices. These shall include but shall not be limited to the costs incurred for taxes, insurance, maintenance and repairs.

4. The Customer shall be in position to exercise a right to retain only if Customer’s counter demand is based on the same contractual relationship.

5. caligri shall have the right to make the handover of the leased object contingent upon provision of a security deposit or any other collateral. The security deposit shall be defined based on the ratio of the leased item’s value and contingent upon the term of the lease. The security deposit shall be paid to caligri prior to the beginning of the lease. If caligri should not receive the security deposit in due time, caligri shall have the option to rescind from the leasing contract and to claim the entitlements it is eligible to receive by law. The Customer shall not be permitted to set off the security deposit against other accounts payable, in particular leasing fees and/or claims for damage compensation. The security deposit shall be refunded by caligri if after the return of the leased object it has been determined that no further claims against the Customer are pending.

6. The Customer shall undertake to accept the leased objects immediately after the notice of their availability has been provided at the agreed upon transfer venue unless other agreements have been made. Rental objects shall be packaged, delivery and (transportation) insured exclusively on the basis of the Customer’s instructions and for Customer’s account. Upon request, the packaging material shall be promptly returned; all freight and costs shall be for Customer’s account.

7. The Customer shall undertake to examine the leased objects immediately upon delivery, or upon pick-up ifself- pick- up arrangements have been made for any obvious deficiencies at Customer’s expense. Any objections shall be documented in handover logs. Any deficiencies that are not obvious shall be reported immediately upon their detection in text format. The leased object shall be kept available for inspection by caligri or any third parties commissioned by caligri and shall be properly stored until such an inspection takes place.

8. The Customer assures caligri that all individuals who operate leased objects are qualified to operate them and, if required (by law) are in possession of mandates qualification certificates, driver’s licenses, certificates and the like.

9. The Customer shall handle as well as operate the leased objects properly and with care. The Customer shall transport, start up and use the leased objects only in compliance with any existing safety relevant government requirements.

10. The Customer shall ensure that the leased devices are handled in compliance with the provisions of the manufacturer / the operating manual and that any due maintenance work by the Customer is performed in a timely manner by anaccredited professional service provider.

11. Improper use shall in particular have materialized if:

  • The devices are used by untrained personnel
  • The leased devices are used for a purpose that is not in compliance with its intended use
  • The devices are used excessively/overloaded during handling
  • The leased devices are not adequately filled or not filled in a timely manner with consumption materials such as lubricants, oils, frost protectants, etc.
  • Repairs are performed in the absence of prior approval by the manufacturer or caligri
  • Lease objects are decommissioned or work arounds are used to bypass safety installations.

12. In the event of damages, the Customer shall promptly notify caligri and wait for further instructions. The Customer shall perform any support work to minimize the damages incurred or at the very least to prevent its escalation and shall comply with all of caligri’s instructions.

13. If the Customer should apply for insolvency proceedings, caligri shall have the right to rescind from the contract and to demand the immediate return of the leased devices.

14. At the end of the lease term, the leased object shall be promptly returned to caligri along with any related accessories, operating manuals and, if applicable documentation of services and inspections performed.

15. Upon their return, the leased devices shall be in a condition on par with their age and in compliance with the contractual use, free of any damages, cleaned, usage safe and operationally ready. The Parties shall compile and sign a return log that reasonably documents the condition ofthe devices upon their return. Both contracting Parties shall sign the log.

16. caligri shall have the right to charge the Customer for any additional work necessary due to deficient cleaning and/or inadequate sorting of the device or its accessories.

17. Either contracting Party shall have the right to terminate the contract for important grounds prior to the expiration of the agreed upon lease term. In particular, caligri shall have the right to terminate the contract with immediate effect if the Customer

  • In default of payment of two leasing instalments
  • Suspends the making of payments
  • Offers to enter into an out-of-court settlement and/or
  • Has applied for insolvency.

§ 10 Warranty Claims

1. Consumer Customers
Claims of consumers based on deficiencies of used objects shall be subject to astatute of limitations of one year as of the date of handover of the sold item. Incidentally, the statutory provisions shall apply.

2. Entrepreneur Customers

  1. Warranty claims of customers who are entrepreneurs as defined in § 14 BGB shall besubject to a statute of limitations of one year as of the time of risk transfer. This shall exclude any cases where intentional or malicious acts by caligri have occurred or if a warranty for the condition of the object was assumed.
  2. Entrepreneurs as Customers shall be required to inspect the purchased object as of the time of receipt of the goods immediately with the applicable reasonable due diligence under the circumstances and shall report any obvious material damages to caligri without any culpable delays and in writing. Any deficiencies that are not obvious shall be claimed upon their discovery without any culpable delays. The compliance with the deadline shall be achieved through the timely sending of the claim.
  3. In the event of materialization of a material deficiency, caligri shall have the choice at its reasonable discretion to perform remedial action by repairing or replacing the subject matter. Replaced parts shall be the property of caligri. In the event of replacement of the entire purchased object by way of remedial action, caligri shall be entitled to usage compensation for the object it has accepted for return.
  4. Incidentally, the statutory provisions shall apply.

3. To any damage compensation and cost reimbursement entitlements of the Customer, regardless of whether the former is an entrepreneur or consumer, the provisions of § 14 shall apply.

§ 11 Service charge rates, expenses, surcharges

1. Unless otherwise agreed in writing, calculations and invoices shall be based on the following rates.

  1. IT service 65,- EUR per unit
  2. Workshop service 55,- EUR per unit
  3. Light service OB 35,- EUR per unit
  4. Light service 25,- EUR per unit
  5. Phantom-Tech-Service 30,- EUR per unit
  6. Camera AC Service 30,- EUR per unit

One unit corresponds to 30 minutes each.

The customer can obtain information about further services from caligri via [email protected].

2. Caligri shall charge 0.40 EUR per kilometer for travel by car to and from the place of deployment. In the case of flights as well as journeys by train, we shall charge the actual expenditure as well as 50 % of the rate stated under §11 1.

3. Expenses like overnight stays, board, journeys from and to the hotel go in principle to the debit of the customer and are calculated according to the actual expenditure.

4. The regular working hours for service according to §11 1a. and b. are from 9:00 a.m. to 4:00 p.m. on working days. Services exceeding the standard working hours will be charged according to the agreement with the customer.

The working time for service according to §11 1c.-f. will be charged with at least 10 working hours. The maximum working time is 10 hours including paid lunch break. Overtime shall be subject to the following surcharges:

  • 11th and 12th hour 25%,
  • 13th hour 60%,
  • from 14th hour 100%,
  • Sunday and public holiday 100%,
  • Night surcharge between 10pm and 5am 25%.

Deviating billing modalities must be recorded in writing between caligri and the customer before the start of the order.

§ 12 Data Privacy

The protection of personal data of the customer when collecting, processing and using the former in conjunction with a visit to the caligri website, is an important issue in caligri’s eyes. Caligri complies with the provisions of the EU General DataProtection Regulation, the German Federal Data Protection Act, the German Telemedia Act or the Telecommunications-Telemedia Data Privacy Act and any other applicable data protection provisions. For more information about the type, scope, place and purpose of the collection, processing and use of the generated data, please consult the Data Privacy Policy, which can be accessed at all times by clicking on the link “Data Privacy” on www.caligri.com.

§ 13 Limited Usage Options

1. Caligri consistently strives to make available its website www.caligri.com without any interruptions and to ensure the error free transfer of all data exchange via the site. However, due to the nature of the Internet this can not be guaranteed. Unforeseeable system failures are possible, as are necessary maintenance work, repairs or the introduction of new services. To that end, caligri takes into account the legitimate interests of providers as well as users. If data losses should occur, caligri shall not assume any liability, unless these situations are caused by grossly negligent or intentional acts of caligri.

2.  The above provisions shall be without prejudice to § 14 (Liability).

§ 14 Liability Restrictions

1. For any damages caused by minor negligence, caligri shall assume liability only if claims are based on cardinal contractual obligations or result in damages from the loss of life, physical injury or health damages or if claims are based on the product liability act or any quality guarantees assumed by caligri.  Cardinal obligations are such duties the fulfilment of which is necessary to make the proper performance of the contract possible and in the compliance with which the contracting Partner could trust. The liability of caligri for simple negligence based on this provision shall be limited to the typically foreseeable damages.

2. For default damages caused by minor negligence, caligri’s liability shall be limited to the typically foreseeable damages.

3. The provisions of the above paragraphs shall accordingly also apply to the limitation of reimbursements for costs incurred in vain (§ 284 BGB).

4. The above limitations of liability shall also apply for the benefit of the fulfilment agents and statutory representatives of caligri.

§ 15 Image Copyrights / Depiction of Images

1. If the articles contain images, the copyrights inherent in the respective image shall be held by caligri. Any use of the images in the absence of caligri’s express consent shall be prohibited.

2. The images used to describe the goods are sample photographs. They do not represent the actual item in every case, but are used for visualization purposes. Depending on the screen used, it is possible that in particular the colors and sizes are shown differently. The description of the respective item shall be the determining factor.

§ 16 Promotional Purposes / Sweepstakes

The use of the products for promotional purposes and in conjunction with sweeps takes shall be permitted only subject to caligri’s prior consent.

§ 17 Copyrights

The content and works used by caligri on its websites, in particular under www.caligri.com, are governed by German copyright legislations. The reproduction, editing, distribution and any kind of use outside of the limitations of these copyrights shall be subject to the written consent of the respective author or originator. Contents of third parties shall be identified as such. If you should come across a copyright infringement despite these precautions, we ask you to notify us accordingly. In the event that we should become aware of legal violations, we shall promptly remove such content.

§ 18 Online Settlement of Disputes

The EU Commission provides information for the performance of complaint proceedings for the settlement of online disputes (OS)for consumers. This information can be found on the platform of the European Commission on Online Dispute Settlement (OS) for Consumers: http://ec.europa.eu/consumers/odr/.

Caligri is neither under any legal mandate nor willing to voluntarily participate in an out-of-court settlement of online disputes by a Consumer Mediation Agency.

§ 19 Final Provisions

1. The contractual relationship shall be governed by German law subject to the exclusion of the UN Convention on the International Sale of Goods, unless mandatory statutory provisions require otherwise.

2. The exclusive place of jurisdiction for contracts made with entrepreneurs, legalentities under public law of public law based special entities shall be caligri’s business domicile.

3. In the event that any specific provisions of these GTC should be ineffective or unenforceable or become so after the execution of the contract, this shall not affect the effectiveness of the remaining contract. In lieu of the ineffective or unenforceable provision, the statutory provisions shall apply. The same shall apply in the event that omissions should be determined in the contract.