--- title: "General Terms and Conditions | heureka e-Business GmbH" canonical_url: "https://heureka.com/en/legal/terms-of-service" last_updated: "2026-09-04T20:09:49.406Z" meta: author: "heureka e-Business GmbH" description: "English translation of heureka's General Terms and Conditions." "og:description": "English translation of heureka's General Terms and Conditions." "og:title": "General Terms and Conditions" "twitter:description": "English translation of heureka's General Terms and Conditions." "twitter:title": "General Terms and Conditions" --- # **General Terms and Conditions** ## General Terms and Conditions ### Scope Our offers, services, and deliveries are made exclusively on the basis of these General Terms and Conditions. These conditions shall be deemed accepted no later than upon receipt of the goods or services. Any counter-confirmation by the customer referring to its own terms and conditions is hereby expressly rejected. Individual agreements made in writing shall take precedence over these General Terms and Conditions. ### Offers Our offers are always subject to change and non-binding. Technical and design deviations from descriptions and information in brochures, catalogs, and written documents, as well as changes resulting from technical progress, are reserved, without any rights against us arising from such deviations or changes. ### Prices All prices are ex works Stuttgart. Any agreements to the contrary must be confirmed in writing. Prices that are clearly directed exclusively at commercial customers are, in case of doubt, stated exclusive of the applicable statutory value-added tax. Additional charges may arise from certain payment methods as well as shipping and logistics costs. ### Delivery and Performance Times Dates and deadlines stated by us are non-binding unless expressly agreed otherwise in writing. All delivery commitments and dates are subject to correct and timely delivery to us by our suppliers. Partial deliveries are permitted. Delays in delivery or performance due to force majeure and/or events that substantially impede or make performance impossible for us, such as operational disruptions, strikes, difficulties in procuring materials, official orders, etc., entitle us to postpone delivery for the duration of the impediment plus a reasonable start-up period or to withdraw from the contract in whole or in part with respect to the portion not yet fulfilled. In all other respects, we shall only be in default once the customer has set us an additional period of at least one month in writing. In the event of default, the customer shall be entitled to compensation for delay in the amount of 0.5% for each completed week of delay, but no more than 5% in total of the invoice value of the deliveries and services affected by the delay. Any further claims, in particular claims for damages of any kind, are excluded. ### Warranty and Liability The warranty period is 24 months from the time risk passes to the customer. Any warranty shall lapse if operating instructions are not followed or changes are made to the products. The customer must notify us in writing of defects without undue delay, but no later than within one week after delivery. Defects that cannot be discovered within this period even upon careful inspection must be reported in writing without undue delay after discovery. In the event of a defect, we shall be entitled, at our discretion, to remedy the defect or provide a replacement. The customer may only demand rescission or a reduction in price if we refuse both rectification and replacement, if both rectification and replacement are unreasonable for the customer, or if rectification has failed twice. Claims for compensation for damage of any kind and on any legal grounds, including damage to the user's data, software, or hardware resulting from the use of software, are excluded except in cases of intent, gross negligence, breach of a material contractual obligation, or absence of a warranted characteristic. We are only obliged to remedy defects or provide replacement delivery if the customer has fully performed its own contractual obligations. All claims against us are non-transferable without written consent and may be asserted exclusively by the customer itself. The customer may only claim damage that would have occurred despite regular and proper backup of data and programs, including the operating system, on suitable backup media. For shipments from our warehouse, risk passes to the customer when the goods leave our warehouse. This also applies if we perform the transport ourselves or bear its costs. Goods will only be insured against transport damage at the customer's written request and expense. ### Retention of Title We retain title to the delivered goods until full payment of the services under this contract; for customers within the meaning of § 24 AGBG, title is retained until payment of all claims due or arising in our favor, irrespective of their legal basis. Processing or transformation is always carried out on our behalf, but without obligation on our part. If our (co-)ownership lapses through combination, it is agreed already now that the customer's (co-)ownership of the resulting unified item shall transfer to us proportionally according to value (invoice value). The customer shall hold our (co-)ownership free of charge. Goods in which we have (co-)ownership are referred to below as reserved goods. The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as it is not in default. Pledges or transfers by way of security are not permitted. The customer hereby assigns to us by way of security, in full, all claims arising from resale or any other legal basis relating to the reserved goods. We authorize the customer, on a revocable basis, to collect the claims assigned to us for its account in its own name. At our request, the customer must disclose the assignment and provide and submit the necessary information and documents. In the event of third-party access to the reserved goods, in particular seizure, the customer must point out our ownership and notify us without undue delay. Any resulting costs shall be borne by the customer. In the event of conduct by the customer contrary to the contract, in particular default in payment, we are entitled to take back the reserved goods at the customer's expense or, where applicable, to demand assignment of the customer's claim for surrender against third parties. Our repossession or seizure of the reserved goods shall not constitute withdrawal from the contract unless the Abzahlungsgesetz (Installment Payment Act) applies. ### Payment Unless otherwise agreed, our invoices are due for payment immediately without deduction. Notwithstanding any provisions to the contrary made by the customer, we are entitled to apply payments first to the customer's older debt. If costs and interest have already arisen, payments shall be applied first to costs, then to interest, and finally to the principal claim. If the customer is in default, we are entitled from that point onward to charge interest at customary bank rates, but at least 5% above EURIBOR. If the customer fails to meet its payment obligations in accordance with the contract, ceases payments, or if we become aware of other circumstances that call the customer's creditworthiness into question, we are entitled to declare the entire remaining debt due and to demand advance payments or security. The customer is only entitled to set-off, retention, or reduction, including where notices of defects or counterclaims are asserted, if we expressly consent or if the counterclaims have been finally established by a court. ### Software Standard software is sold according to the product description without this constituting a warranty of specific characteristics. For the development of custom software, the performance owed is determined by the requirements specification, which precisely defines the scope of performance, intended use, and operating conditions. The customer must prepare this specification before conclusion of the contract. At the customer's request, we will assist in preparing the specification without this creating an obligation to cooperate on our part within the meaning of § 645 BGB. If the requirements specification has not been completed by the time the contract is concluded, we shall be granted a reasonable review period. Within this period, we may withdraw from the contract by written declaration without stating reasons. Changes to the requirements specification or comments on it become part of the contract only if confirmed by us in writing. After delivery, the customer must formally accept the software in writing within a reasonable period after checking that it is free of defects. The software shall be deemed accepted if it is used and, within one month after transfer of the program, neither written acceptance nor written refusal of acceptance due to material defects has occurred. ### Internet Services We provide only programming services in connection with the Internet and do not provide ISP or web-hosting services. The customer's contractual partner in this area is the web-hosting and access provider selected, at the customer's choice, by us or by the customer. We make no representations regarding the availability or quality of the services offered by the provider. ### Projects Projects may only be terminated in accordance with the contract as of the end of the respective project phase specified in the service description. Only the scope of services recorded in writing at the beginning of the project becomes part of the contract. Contract amendments are possible only with written confirmation by the contractor. The contractor is not obliged to accept material changes to the contract. The customer undertakes to extend agreed deadlines appropriately in the event of contract changes. ### Intellectual Property and Copyright Ownership and copyright in the software supplied by us, the printed accompanying material, and all copies of the software remain with the software manufacturer. The software is protected by copyright. The customer must therefore treat the software like any other copyrighted material, except that the customer may either (a) make a single copy of the software exclusively for backup or archival purposes or (b) install the software on a single computer, provided the original is retained exclusively for backup and archival purposes. The customer may copy any printed materials accompanying the software only with the software manufacturer's written authorization. The customer is obliged to notify us immediately and in writing if it is informed of an infringement of industrial property rights or copyrights by a product supplied by us. We alone are entitled and obliged to defend the customer against claims by the holder of such rights and to settle such claims at our own expense insofar as they are attributable to direct infringement by a product supplied by us. We will generally endeavor to procure for the customer the right to use the product. If this is not possible on economically reasonable terms, we will, at our discretion, modify the product so that the intellectual property right is no longer infringed or take back the product and refund the purchase price less compensation for benefits already obtained from its use. If the customer has modified the supplied product or integrated it into a system, or if we designed the product based on the customer's instructions and this results in infringements of intellectual property rights, the customer is obliged to defend and/or indemnify us against claims by the holder of the infringed right. The customer is not entitled to reverse engineer, decompile, or disassemble software. The customer is furthermore not entitled to rent or lease the software. The customer is entitled to permanently transfer all rights under this license agreement provided it retains no copies and transfers the complete software, including all components, media, printed materials, and the license agreement. If the software is an update, any transfer must also include all previous versions of the software. ### Export Export of our software to non-EU countries requires our written consent, irrespective of the customer's own obligation to comply with statutory import and export regulations. ### Right of Withdrawal **Notice of the right of withdrawal:** Under § 312 d BGB, the consumer has the right to withdraw from the contractual declaration within two weeks without stating reasons, either in text form (e.g. letter, fax, email) or, if the item is provided before expiry of the period, by returning the item. The period begins after receipt of this notice in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and not before fulfillment of our information obligations pursuant to § 312 c (2) BGB in conjunction with § 1 (1), (2), and (4) BGB-InfoV and our obligations pursuant to § 312 e (1) sentence 1 BGB in conjunction with § 3 BGB-InfoV. Timely dispatch of the withdrawal notice or the item is sufficient to meet the withdrawal deadline. The withdrawal must be addressed to: heureka e-Business GmbH Eichwiesenring 4F 70567 Stuttgart Fax: +49 (0)7152 - 93 93 11 Email: heureka(at)heureka.com **Consequences of withdrawal:** In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If the consumer is unable to return the performance received from us in whole or in part, or can only return it in a deteriorated condition, the consumer may be required to compensate us for the loss in value. In all other respects, the consumer can avoid the obligation to compensate for deterioration caused by the intended use of the item by not using the item as if it were their property and by refraining from anything that impairs its value. Items that can be sent as parcels are to be returned at our risk. The consumer must bear the cost of return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed EUR 40, or, in the case of a higher-priced item, if the buyer has not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, return shipment is free of charge for the customer. Items that cannot be sent as parcels will be collected from the consumer. The consumer must fulfill obligations to reimburse payments within 30 days after sending the withdrawal declaration. The period begins for the consumer when the withdrawal declaration or the item is sent, and for us upon receipt. The right of withdrawal does not apply to goods listed in § 312 d (4) BGB. These include, among other things, deliveries of software where the supplied data media have been unsealed by the consumer. **Exception:** If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and act in the exercise of your commercial or self-employed activity when concluding the contract, no right of return exists. ### Place of Performance and Jurisdiction The place of performance for deliveries and services is Stuttgart. In transactions with customers within the meaning of § 24 AGBG, Stuttgart is agreed as the place of jurisdiction insofar as §§ 38 and 40 ZPO do not provide otherwise. The law of the Federal Republic of Germany applies exclusively. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. ### Final Provisions Should individual provisions be or become void, invalid, or contestable, they shall be interpreted or supplemented in such a way that the intended economic purpose is achieved as closely as legally permissible; the remaining provisions shall remain unaffected. This shall apply mutatis mutandis to any gaps requiring supplementation. Last updated: 21.05.2026