Version: October 2026. Courtesy translation. Only the German version is legally binding.
§ 1 Scope
(1) These General Terms and Conditions apply to all contracts between Gavaevodata DE GmbH, Breitscheidstraße 44 A, 70176 Stuttgart, Germany ("we") and its customers for the packages and projects we describe on our website, and for the related hardware.
(2) A consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity. A business is anyone who, when entering into the contract, acts in the exercise of their commercial or self-employed professional activity.
(3) Towards businesses, deviating terms of the customer do not apply unless we have expressly agreed to them.
§ 2 Conclusion of contract
(1) The presentation on our website is not a binding offer. Ordering through the website is not possible.
(2) On request we prepare an offer in text form. The contract is concluded when the customer accepts the offer in text form, for example by email, within the period stated in it.
(3) Services, scope and prices follow from the offer and from the description of the respective package or project on our website as it stands when the offer is made.
(4) The customer receives the contract text in text form: the offer, these General Terms and Conditions and, if the customer is a consumer, the withdrawal instruction and the model withdrawal form. The contract language is German.
(5) The purchase of the hardware and the service are legally separate contracts, even if they appear in one offer.
§ 3 Prices and payment
(1) Prices, payment terms and third-party costs follow from the offer. We give prices on request.
(2) For consumers, prices include statutory VAT. For businesses, they are exclusive of VAT unless the offer says otherwise.
(3) Costs incurred with third parties are not included in the price unless the offer says otherwise. The customer bears them.
(4) In case of late payment the statutory provisions apply.
§ 4 Hardware
(1) Delivery method, delivery time and place of delivery follow from the offer. Delivery outside Germany takes place only by express agreement.
(2) Until full payment the goods remain our property.
(3) For shipments to a consumer, the risk of accidental loss and deterioration passes only when the goods are handed over to the consumer. For businesses it passes on handover to the carrier.
(4) The statutory warranty rights apply to the hardware. Our statutory obligations to provide updates for the software on the hardware remain unaffected.
§ 5 Set-up and ongoing support
(1) Scope and content of the set-up and the ongoing support follow from the offer and the description of the package.
(2) Unless the offer provides otherwise, the contract for ongoing support is concluded for an indefinite period and either party may terminate it in text form with one month's notice to the end of a month. The right to terminate for good cause remains unaffected.
(3) The customer provides the prerequisites and information needed for the services in good time, in particular power, internet connection and access.
(4) Where we process personal data on behalf of the customer, we conclude a data processing agreement with the customer.
(5) The customer remains responsible for the content of its data and the lawfulness of its use.
§ 6 Projects
(1) Scope, fixed price and dates of a project follow from the offer.
(2) After completion we inform the customer. The customer checks the result and accepts it if it is essentially in conformity with the contract. We remedy defects in accordance with the statutory provisions.
(3) On handover the customer receives the access data, documentation and an introduction. The customer receives the source code only if this is agreed in the offer.
(4) After full payment the customer receives the rights of use to the work results that are needed for the agreed purpose. Components under open-source licences are subject to the terms of those licences.
(5) Operation, maintenance and updates after handover are not part of the project. On request we offer them as a separate service that can be booked as an option.
§ 7 Right of withdrawal for consumers
(1) Consumers have a statutory right of withdrawal for distance contracts. The withdrawal instruction and the model withdrawal form are provided in German at the end of the German version of these terms and are sent with the offer.
(2) We begin the services before the end of the withdrawal period only if the consumer expressly requests it.
§ 8 Liability
(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and where we have given a guarantee.
(2) In case of slightly negligent breach of an essential contractual obligation, that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely, our liability is limited to the typical, foreseeable damage. Otherwise liability for slight negligence is excluded.
(3) These rules also apply to our legal representatives and vicarious agents.
§ 9 Data protection
Information on the processing of personal data is in our Privacy Policy.
§ 10 Dispute resolution
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of their habitual residence. Mandatory consumer rights of the country of residence remain unaffected.
(2) The exclusive place of jurisdiction is Stuttgart if the customer is a business, a legal entity under public law or a special fund under public law.
(3) If a provision of these terms is invalid, the validity of the others is unaffected. The statutory provisions apply instead of the invalid provision.