Terms
Terms and Conditions
As of February 2026
§1 Scope of application, contracting parties, definitions
(1) These General Terms and Conditions ("GTC") apply to all contracts between equi.systems GmbH, Dorfring 104, 22889 Tangstedt, HRB 19516 PI (hereinafter "Provider") and their customers (hereinafter "Customer") relating to
• the delivery of hardware components,
• the granting of rights of use for software,
• the provision of consulting, development or integration services, and
• the provision of cloud-based services (SaaS).
(2) These GTC apply to consumers within the meaning of § 13 German Civil Code ("Consumer") as well as to entrepreneurs within the meaning of § 14 German Civil Code ("Entrepreneur").
(3) Conflicting or deviating terms and conditions of the customer do not apply unless their validity has been expressly agreed in writing. Silence on such conditions does not constitute consent.
(4) Individual contractual agreements and collateral agreements take precedence over these GTC but require at least written form to be effective.
(5) For the purposes of these GTC:
• "Hardware components" are all physical products delivered by the Provider, in particular technical devices, components and accessories.
• "Software" refers to all software solutions developed or provided by the Provider, including standard software, accompanying software, mobile or desktop applications ("apps") and web applications.
• "Consulting, development or integration services" are conceptual, analytical, advisory, programming or technical services in connection with software, hardware components or digital systems.
• "Cloud-based services (SaaS)" are server- or cloud-based services for the connection, storage, processing, synchronisation, evaluation or remote control of data.
• The content and scope of the services owed are determined by the respective offer or individual contract.
§2 Conclusion of contract, offers, documents
(1) All representations of services in catalogues, brochures, technical documents and on the Provider's website do not constitute a binding offer but an invitation to the customer to submit an offer.
(2) The customer's order constitutes a binding offer. The Provider is entitled to accept this offer within a reasonable period. Acceptance is made by express declaration (e.g. order confirmation) or by actual provision of the service.
(3) For orders via an online shop, the customer submits a binding offer after completing the order process and clicking the correspondingly labelled order button ("order with obligation to pay"). A confirmation of receipt only constitutes acceptance if this is expressly stated.
(4) The Provider reserves title and copyright to offers, cost estimates, drawings, plans, calculations, specifications and other documents. The customer is not entitled to make these available to third parties without prior written consent.
§3 Scope of services
(1) The Provider provides services in the following areas:
• Delivery of hardware components,
• Granting of rights of use for software,
• Provision of consulting, development or integration services,
• Provision of cloud-based services (SaaS).
(2) The content, scope and technical interplay of the services result from the respective offer or individual contract as well as any service descriptions or specifications that form part of the contract.
§4 Prices, payment conditions
(1) The prices agreed in the offer or at the time of conclusion of the contract apply. Prices for consumers are final prices including statutory VAT. For entrepreneurs, prices are stated as net prices plus VAT.
(2) Any shipping, installation, travel or other incidental costs are shown separately.
(3) Permitted payment methods result from the offer or order confirmation. The Provider is entitled to demand advance payment.
(4) Invoice amounts are due – unless otherwise agreed – within 14 days of the invoice date. Statutory default interest is payable in the event of default.
§5 Delivery, delivery periods, transfer of risk
(1) Delivery periods are only binding if they have been expressly designated as such.
(2) For consumers, risk passes upon handover of the hardware components. For entrepreneurs, risk passes upon handover to the carrier.
(3) If the customer defaults in acceptance, risk passes to them.
§6 Retention of title
(1) The Provider reserves title to delivered hardware components until full payment of all claims.
(2) For entrepreneurs, an extended retention of title applies to claims from the ongoing business relationship. Resale in the ordinary course of business is permitted; the claims are assigned.
§7 Rights of use for software and cloud services
(1) Where the Provider grants rights of use for software and/or cloud services (SaaS), this is done as a simple, non-exclusive, non-transferable right for the duration and purpose specified in the offer or individual contract.
(2) For individual software development, an exclusive right of use may be agreed subject to full payment of remuneration. Pre-existing components remain the property of the Provider.
(3) The customer is not entitled to make software or cloud services available to third parties or to reverse-engineer them.
§8 Consulting, development or integration services
(1) The customer must provide all required information, access and cooperation in good time. Delays extend deadlines and give rise to claims for remuneration.
(2) For works contract services, acceptance must be carried out upon completion. Failure to accept within a reasonable period results in deemed acceptance.
§9 Liability
(1) Liability is unlimited for intent, gross negligence and injury to life, body or health.
(2) For simple negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), limited to foreseeable damage.
(3) For entrepreneurs, liability for slight negligence in the case of non-essential obligations is excluded.
§10 Warranty
(1) Statutory warranty rights apply subject to contractual adjustments for entrepreneurs.
(2) Defects must be reported in writing without delay.
§11 Data protection
(1) Personal data is processed in compliance with the GDPR. Where processing is carried out on behalf, the parties shall conclude a data processing agreement.
(2) Anonymised data may be used for service improvement.
§12 Applicable law, place of jurisdiction
(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) Place of jurisdiction for entrepreneurs: 22889 Tangstedt.
(3) Invalidity of individual provisions does not affect the validity of the remaining provisions.