General Terms and Conditions of Business for private customers

General Terms and Conditions of Business
of United Navigation GmbH, legally represented by the managing directors Dr. Frank Mair and Elmar Peters, Marco-Polo-Str. 1, 73760 Ostfildern, Germany, Email: shop@mobilenavigation.mybecker.com, Stuttgart Local Court HRB 213925, VAT ID: DE239015452

§ 1 Area of application

(1) These General Terms and Conditions of Business apply to all purchase contracts which arise when an order is placed at the Becker Online Shop. In addition to this, the licensing conditions of the stockists which are enclosed with the products also apply.

(2) The General Terms and Conditions of Business of the customer are hereby opposed.

§ 2 Information about cancellation

(1) For the delivery of goods

Right of cancellation

You may cancel your contractual agreement without specifying any reasons within a period of 14 days in writing (e.g. letter, fax, e-mail), or - if the goods are handed over to you before the deadline period expires - also by sending back the goods. The deadline period begins after this policy is received in text form, but not before the goods are received by the recipient (with the recurrent delivery of goods of the same type, not before the receipt of the first partial delivery) and also not before the fulfilment of our obligations to provide notification in accordance with Article 246 Section 2 in conjunction with Section 1 para. 1 and 2 of the Introductory Act to the German Civil Code and our obligations in accordance with Section 312g para.1 sentence 1 of the German Civil Code in conjunction with Article 246 Section 3 of the Introductory Act to the German Civil Code. The prompt sending of the cancellation or the goods shall be sufficient to comply with the cancellation deadline. Notice of cancellation by returning the goods is to be sent to: Becker Shop Team c/o Schiffer Service GmbH, Returns Department, Industriestraße 14-16, 52134 Herzogenrath-Kohlscheid, or in written form by e-mail to: shop@mobilenavigation.mybecker.com

Consequences of cancellation

In the event that you cancel the contract properly, the goods and services received by both parties must be returned and any benefits, for example interest, which are gained must be repaid. If you cannot return or hand out the goods or benefits (e.g. usage advantages) you received in full or in part or if you can only return the goods in a deteriorated condition to us, you must compensate us for the loss of value. For the deterioration of the goods or benefits obtained you have to pay compensation only if the utilization or deterioration is due to a kind of use of the goods, which is going beyond the examination of the characteristics and functioning. Examination of the characteristics and functioning means testing and evaluation of the goods, as it is possible and usual in shops.

 

Goods which can be sent by parcel are to be returned at our risk. You must pay the regular costs of the return consignment if the goods which are supplied match those which were ordered and if the price of the goods which are to be returned is not more than 40 euros or, in the event that the goods have a higher price, if you have not yet provided the return service or a contractually agreed partial payment at the time of cancellation. Otherwise, the return consignment is free of charge for you. Goods which cannot be sent by parcel will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The deadline shall commence for you when you send in your notice of cancellation or the goods, and for us it shall commence with receipt thereof.

Special notes:

In the case of services, your right of cancellation shall lapse if the contract has been met in full by both parties at your explicit request before you exercised your right of cancellation.

The right does not apply to distance sellings

• which are by their nature not suitable for return or
• the supply of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer.

If you are a contractor within the meaning of Section 14 of the German Civil Code, that is to say a natural person or legal entity or a partnership with personal capacity that is exercising its commercial or independent professional activity in concluding the legal transaction, the right of cancellation does not exist.

(2) For the provision of services

Right of cancellation

You may cancel your contractual declaration within 14 days without having to specify any reasons in text form (e.g. letter, fax, e-mail). The cancellation period begins after receipt of this instruction in text form, but not before Conclusion of the contract and not before you have got the necessary information of article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB and our obligations pursuant to § 312g para 1 sentence 1 of the German Civil Code (BGB) in conjunction with article 246 § 3 EGBGB. The prompt sending of the cancellation shall be sufficient to comply with the cancellation deadline. Please send your cancellation to the following address: United Navigation GmbH, Marco-Polo-Str. 1, 73760 Ostfildern, Germany or in written form per E-Mail: shop@mobilenavigation.mybecker.com

Consequences of cancellation

In the event that you cancel the contract properly, the goods and services received by both parties must be returned and any benefits, for example interest, which are gained must be repaid. If you cannot return or hand out the goods or benefits (e.g. usage advantages) you received in full or in part or if you can only return the goods in a deteriorated condition to us, you must compensate us for the loss of value. This may cause that you have to meet the contractual payment obligations for the period up to the cancellation. Obligations to reimburse payments must be met within 30 days. For you the period begins with the dispatch of your cancellation, for us it begins with the receipt of your cancellation.

Special notes:

Your right to cancel lose prematurely, if the contract by both sides to express your desire is completely satisfied before you have exercised your right of cancellation.

End of the information about cancellation.

 

§ 3 Conclusion of the contract

The representation of the products in the Online Shop does not constitute a legally binding offer to sell but a non-binding online catalogue. By clicking on the button “Send order“ you are placing a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order is sent immediately after placing the order but still does not constitute an acceptance of a contract. We can accept your order either by sending a confirmation of despatch by email or by delivering the goods within five days. In the case of download products, the order, and therefore the contract, is deemed as being accepted by us when we send the download link by email. You place orders in our Online Shop, you enter into a contract with: United Navigation GmbH, legally represented by the managing directors Dr. Frank Mair and Elmar Peters, Marco-Polo-Str. 1, 73760 Ostfildern, Germany, E-Mail: shop@mobilenavigation.mybecker.com

 

§ 4 Storing the contract text

We store your order and the order details you provide to properly fulfill your order. If you would like a printout of your order, you have the option of printing out your order confirmation. After you have gone through the ordering process with the final step 5 and you activate the “Send Order” button, the “My Order Confirmation” page appears. Here you have the option of printing out your order with all of the details you have entered. If you have given us your e-mail address, you will also be sent the order confirmation with all of the details you have entered by e-mail.

§ 5 Customer service

If you have any questions about your order or you wish to make a complaint, please contact our service team:

• by e-mail: shop@mobilenavigation.mybecker.com
• by phone: +49 (0)1805 350 444 (0,14 EUR/min. from a German landline, prices for mobile calls max 0,42 EUR/min.)

§ 6 Reservation of title

(1) We reserve title to the product which is supplied until all of the debts arising from the purchase contract have been paid in full.

(2) Until title to the product you have purchased is transferred to you, you are obliged to treat the product with care and you must notify us immediately in writing if the article which is supplied is seized or is subjected to other interventions by third parties. In the event that the third party is not in a position to refund us the judicial and extra-judicial costs of a lawsuit pursuant to § 771 of the German Code of Civil Procedure (ZPO), you shall be liable for the loss we incur.

(3) If you handle and process or reconfigure the product you purchase, this shall always be in our name and on our behalf. In this case, your expectant right to the reconfigured product you have purchased shall continue to exist. In the event that the purchased product is processed with other articles which do not belong to us, we shall acquire joint title to the new product in the ratio of the objective value of our purchased product to the other articles which are handled at the time of processing. The same shall apply if products are mixed together. If products are mixed together in such a way that your product is to be regarded as the principal product, it shall be deemed to be agreed that you shall transfer to us a proportion of joint title and shall safeguard the resulting sole title or joint title for us. 

§ 7 Payment, terms of delivery, default on payment

If you pay by credit card or DIRECTebanking, the amount shall be debited after you have ordered the goods.

If you pay in advance, the shipment of the product starts after successful receipt of the order on our account. We currently only offer the option to pay on account to corporate customers, public organisations and authorities within the Federal Republic of Germany. Unfortunately, goods cannot be supplied to private customers on account. If you pay for your goods on account, you undertake to settle the invoiced amount as soon as you receive the invoice. If you default on payment, we reserve the right to charge costs for issuing demands for payment.

§ 8 Set-off, right of retention

You shall only enjoy a right of set-off if your counterclaims are final and absolute or uncontested. You shall only be empowered to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

§ 9 Warranty and notification of defects

(1) You may initially choose whether the defect should be rectified or whether a replacement product should be supplied. However, we shall be entitled to refuse the method of subsequent performance you choose if this is only possible at unreasonable cost and the other method of subsequent performance does not entail considerable disadvantages for you. During subsequent performance, you may not reduce the purchase price or withdraw from the contract. Rectification of the defect shall be deemed to have failed if this is unsuccessful after a second attempt, provided that nothing different emerges in particular from the nature of the product or the defect or the other circumstances. If the subsequent performance has failed or if we have refused to provide subsequent performance overall, you can at your choice demand a lowering of the purchase price (reduction) or declare that you wish to withdraw from the contract.

(2) Your right to assert claims for compensation is not affected by this.

(3) Notwithstanding the above regulations and the limitations on liability below, we shall have unlimited liability for any loss of life, physical injury or damage to health based on a negligent or deliberate breach of duty by our legal representatives or our vicarious agents, and also for damage or losses which are covered by the liability under the German Product Liability Act, and also for all losses resulting from deliberate or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. If we have issued a guarantee in respect of the quality and or durability of the goods or components thereof, we shall also be liable within the confines of this guarantee. However, we shall only be liable for damage and losses which result from the lack of quality or durability which is guaranteed, but do not occur to the goods directly, if the risk of such damage or loss is clearly covered by the quality and durability guarantee.

(4) We shall also be liable for damage or losses which are caused by simple negligence, to the extent that this negligence relates to the breach of such contractual obligations which must be complied with to achieve the purpose of the contract (cardinal obligations). However, we shall only be liable to the extent that the damage or losses are typically associated with the contract and can be foreseen. Otherwise, in the case of simple negligent breaches of secondary obligations which are not crucial to the contract, we shall not be liable. The limitations on liability contained in sentences 1 – 3 shall also apply if the liability involves the legal representatives, senior executives and other vicarious agents.

(5) No liability which goes beyond this is accepted, regardless of the legal nature of the claim which is asserted. To the extent that our liability is excluded or limited, this shall also apply to the personal liability of our employees, staff, representatives and vicarious agents.

(6) The warranty shall run for a period of 2 years, starting from the date when risk is transferred. This period shall also apply to claims for compensation for consequential damage or losses resulting from defects, provided that no claims arising from inadmissible action are asserted.

 

§ 10 Agreement on costs

If you make use of your right of withdrawal, you must bear the normal costs of returning the goods if the goods which were supplied correspond with the goods ordered and if the price of the item to be returned does not exceed the sum of EUR 40.00 or, in the case of a more expensive item, if you have not yet paid the price of the goods or a contractually agreed part payment at the time you withdraw from the contract. In other cases the return of the goods is free of charge for you.

 

§ 11 Miscellaneous

(1) This contract and all of the legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2. If the purchaser is a trader or a legal entity under public law or a special fund under public law, the place of performance and the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered place of business, provided that nothing else arises from the order confirmation.

(3) In the event that individual provisions in this contract should be or become ineffective or contain a loophole, this shall not affect the remaining provisions.

 

Specific provisions for the purchase of software

§ 1 Area of application

These provisions supplement the General Terms and Conditions of Business in so far as

• software forms part of the item(s) purchased or
• Making the software available to others forms part of the purchase agreement

§ 2 Rights of use

The use and exploitation of the program is only permitted to the extent described below in so far as no particular conditions of use apply according to the information provided by the program manufacturer.

United Navigation grants the user the non-exclusive (simple) right of use of the software and data for the use intended and with the volume of use defined below; the right of use is unrestricted in time and place but restricted in accordance with the following provisions. The rights of use include the installation and use of the software in accordance with the documentation and these provisions.

Use is every long-lasting or temporary, complete or partial replication of the program by loading, saving, running or displaying for the purpose of the execution of the program and data processing by the computer.

The purchaser may only install the program on a computer of his/her choice and only use the output internally.

The seller reserves all additional rights to the use or exploitation of the program package. Neither the purchaser nor succeeding users are entitled to use the program or amended or processed versions of the program at the same time on more than one computer or to distribute copies of the program package in its original version or in an mended or processed version even if they restrict such copies to material parts of the amended versions. The purchaser’s rights of exploitation to his/her own programs which are developed or operated from the use of the program package for the purpose intended and to all outputs obtained by the use of the program package remain unaffected.

United Navigation may revoke the right of use for good cause. Good cause is particularly constituted by the failure of the purchaser to comply with the restrictions on use arising from the provisions of Section B and by his/her failure to desist from such behaviour immediately even after being required in writing to cease and desist and after being threatened with revocation of the rights of use.

If the rights of use should be revoked, the purchaser must surrender the original data-carrier and any copies to United Navigation and delete any saved software and data. The purchaser must warrant to United Navigation in writing that he/she has surrendered and deleted everything.

§ 3 Copyright and protective rights

The program and the manual are protected by copyright law.

The user recognises the copyright of United Navigation and the manufacturer and therefore the exclusive rights of use and exploitation of other software. The exclusive rights of use and exploitation also apply to enhancements and amendments of the software which United Navigation or the manufacturer has created for the user in accordance with an order.

In particular, every instance of copying all or part of the software which is not expressly permitted, every instance of the unauthorised distribution of the software and the development of similar software or parts of software or the use of the software which is the subject of the contract as a template is prohibited contractually and by law.

The user recognises the brand, trademark, name and patent rights of United Navigation and the manufacturer as they apply to the software and the associated documentation. The user is prohibited from removing and altering references to copyright and existing protective rights and from making such references unrecognisable in any other way.

§ 4 Transfer of the software

The user may sell or give the software including the User Manual and miscellaneous accompanying material to third parties in perpetuity provided that the third party obtaining the items states that he/she is in agreement that the existing contractual conditions continue in force and apply to him/her.

The purchaser may only transfer the program package to a third party in its original condition and in full along with a copy of these Conditions of Use. Copies or copies of parts etc may not be passed to third parties.

The right of the purchaser to the use of the program package lapses when the latter is transferred to a third party; the rights of use, as defined in these Conditions, transfer to the third party. In the event of such a transfer, the purchaser must delete or otherwise destroy all copies, part copies and amended or processed versions as well as copies or part copies that have been made; this also applies to back-up copies.

The software and the data may not be made accessible, rented, leased, distributed or publicly disseminated in the context of commercial or non-commercial activity and particularly may not be made accessible via the Internet unless a written agreement on this matter is in existence  .

The user may make the software including the User Manual and other accompanying material available for use on a temporary basis only in so far as this is not by way of renting for commercial purposes or leasing and the third party states that he/she agrees that these contractual conditions continue in force and apply to him/herself. The user making the software etc available must, for the time the software etc is made available, hand over all program copies including any back-ups which might exist or destroy the copies which are not handed over. The user making the software available to the third party is entitled to no right to his/her own use of the program for the period in which he/she makes the software etc available to others. At the end of the period in which the software etc was made available, the third party must return to the user all the copies that were made available to him/her.
Or: the above provisions also apply to software etc made available to third parties for a limited period of time. (Then destroy copies)

The user may not make the software available to third parties if there are reasonable grounds for suspecting that the third party will infringe the contractual conditions, particularly by making illicit copies.

If the software was acquired by the purchaser as part of an overall package, making the software available to third parties is only permitted along with the hardware. Making the software available in any other form is expressly forbidden.

§ 5 Rights of reproduction and protection against access

The user may reproduce the software in so far as the reproduction in question is necessary for the use of the software. Necessary reproduction includes the installation of the program from the original data-carrier onto the mass storage device of the hardware used and loading the program into the random access memory.

The user may also make a copy for back-up purposes. However, only a single back-up copy may be made and retained. This back-up copy must be marked as such.

In so far as the program package has built-in copy protection and if the program package which was supplied should be damaged, the purchaser has a right to a new copy of the same part on the return of the machine-readable carrier supplied as part of the program package.

If the periodic back-up of the entire data stock including the computer programs used should be essential for reasons of data security or to ensure the rapid reactivation of the computer system after a complete system crash, the user may make as many back-up copies as are absolutely necessary. The data-carriers in question must be marked accordingly. The back-up copies may only be used for purely archive purposes.

The user may not make other reproductions including the output of the program code to a printer and the reproduction of the User Manual. If additional User Manuals are needed for staff, they can be obtained from United Navigation.

§ 6 Multiple uses and use in a network

The user may use the software on any hardware that is available to him/her. However, if the user changes hardware, he must delete the software from the hardware previously used. Contemporaneous storage, maintaining it on hand or using it on more than one item of hardware is not permitted.

The use of the software which has been made available within a network or another multi-station computer system is not permitted in so far as the possibility of contemporaneous multiple use of the software is afforded by the network or system. If the user wishes to use the software within a network or another multi-station computer system, he/she must prevent contemporaneous multiple use by access protection mechanisms or purchase additional rights of use. Use in a network or other multi-station computer system of this nature is only permitted after the purchase of additional rights of use.

§ 7 Third party software

The software contains third party software products which is integrated into or included in the software which is the subject of this contract. United Navigation procures for this software only those rights which are necessary for the general use of these programs as component parts of the software which is the subject of this contract and which rights United Navigation is entitled to grant to others. A right to modification or further processing is not included.

§ 8 Decompiling and amending the program

The back translation of the program code which has been made available into other code forms (decompiling) and other types of reverse engineering of the various stages of the creation of the software is only permitted in accordance with the stipulations of § 69 e of the German Copyright Act (Urhebergesetz).

Amendments to and processing of the program are only permitted if these are covered by the use of the program for the purpose intended.

Decompiling and amending the program are also permitted in so far as they serve to rectify serious errors, particularly such errors as cannot be worked around with organisational or other justifiable aids.

Company names, trade marks, copyright notices, other notices about reservations of rights, serial numbers or other features serving to identify the program contained in the program may not be amended or removed and must be transferred into the amended or processed versions of the program.

The removal of copy protection or similar protective routines without the knowledge or cooperation of United Navigation is not permitted.

 

Information on the law relating to distance selling

Information in connection with distance selling contracts in accordance with § 312c, Paragraph 1 Number 1 of the German Civil Code (Bürgerliches Gesetzbuch) in conjunction with § 1 of the German Regulation on Information Obligations under Civil Law (Verordnung über Informationspflichten nach Bürgerlichem Recht).

In accordance with our statutory obligations we inform you as follows:

You are concluding distance selling contracts with United Navigation GmbH. General Managers Dr. Frank Mair, Elmar Peters.

United Navigation GmbH has its Registered Office at Marco-Polo-Strasse 1, 73760 Ostfildern, Germany.

You have the possibility of concluding a purchase contract with United Navigation GmbH in German or English.

Details of the attributes of the products offered in the Becker Online Shop are available on our web-site. Please take particular note of the buttons "Further information" and “Suitable Accessories". We provide concrete information on availability and delivery times for all products depicted in our web-site. Nevertheless, in the case of items that we do not keep in our warehouse, our delivery is subject to correct and timely delivery by our supplier. If there should be delays in delivery caused by force majeure, both parties have the right to withdraw from the contract after the end of three months. We are entitled to make partial deliveries. In the event of definite non-availability of goods, any advance payments already made will be refunded without delay.

Our deliveries depend on correct and punctual delivery by our suppliers and in the event of failure to supply due to force majeure both sides have the right to withdraw from the contract at the end of a period of three months. We are entitled to send partial deliveries.

We indicate our prices in Euros (EUR), Swiss Franc (CHF) or British Pound (GBP) including Value Added Tax but excluding delivery charges.

You will find a summary of our delivery charges here >>

Under the statutory provisions of §§ 355 to 359 of the German Civil Code you are entitled to a right of withdrawal in your business transactions with United Navigation GmbH. To take advantage of this you must proceed as follows:
You must first exercise your right in written or electronic form (by letter, email or fax) or notify us that you are exercising your right by returning the goods to us. The above-mentioned right of withdrawal is open to you for a period of 14 days. The time period commences as soon as you receive this information on withdrawal in text form but not before the goods arrive in your premises; it also does not commence if, up to this point in time, we have failed to comply with our statutory duty to supply information under the Regulation on the Duty to Supply Information under Civil Law. You have observed the time period allowed if you send your withdrawal or return the goods in a timely manner, that is to say by the end of 14 days. The cost of returning the goods as a sign of withdrawal or as a consequence of withdrawal is at our risk and at our expense. In the event of a withdrawal in writing, you must return to us the goods that you have already received without delay and not later than within a period of 7 days. If you have not paid for the goods we supplied at the time they are returned, you will also bear the costs of returning them if the value of the goods exceeds EUR 40.00. Each delivery includes information on your right of withdrawal and the information on distance selling contracts required by law.
Detailed information on the right of withdrawal relating to the supply of goods, the right of withdrawal in respect of the performance of services and on the particular consequences of withdrawal can be found in §2 of our General Terms and Conditions of Business.

The simplest and cheapest way to return goods is to use the DHL return label attached to the goods if they were delivered within Germany and post the package at the nearest DHL Packstation, branch or agency. The person returning goods from countries outside Germany must pay the postage. In order to be able to ensure the fastest and simplest possible processing of a return, we need the returned goods to be in a complete a condition as possible (all accessories, manuals, instructions for use etc.) and packed in suitable packing for transportation. Your return can be allocated correctly and with greater speed if you complete and enclose in the package you return to us the return form which was sent with your goods.

We wish to point out expressly that you will have to pay compensation for lost value for deterioration caused by use for the purpose intended of the goods you ordered from us. You are also liable for losses in value of the goods we supplied which were caused by improper usage. You will certainly understand that goods which have already been used cannot be sold to other customers. There is no obligation for compensation for lost value in the case of unused goods which are sealed in their original packaging. However, you are free to check the goods purchased from us in approximately the same manner as would have been possible if they had been purchased from a shop.

The right of cancellation does not apply to distance sellings

• which are by their nature not suitable for return or
• the supply of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer.

With reference to costs which arise from the use of telecommunications, we wish to point out that charges are payable for the use of our order and service hotline +49 (0)1805 - 350 444. Calls made from the landlines of german Deutsche Telekom cost 14ct/min.. Calls from mobile phones cost up to  0.42 €/min. Please ask your phone company for the charges from other landlines and from mobile networks.

The offers in our Shop are valid while stocks last. The validity periods of limited period campaigns and offers can be seen on our web-site.