GTC

General Terms and Conditions of ENAiKOON GmbH (GTC)

1. Scope of Application, Definitions
a. These General Terms and Conditions (“GTC”) apply to all contracts between ENAiKOON GmbH, Scheelestraße 1a, 59929 Brilon, registered with the Commercial Register of the Local Court of Arnsberg under HRB 15208 (hereinafter referred to as “ENAiKOON”), and its contractual partners (hereinafter referred to as “Customers”), in particular to the purchase of hardware and software products as well as the use of services provided by ENAiKOON. b. The product and service offering of ENAiKOON is addressed to both consumers and business customers. However, products distributed via the websites enaikoon.com and enaikoon.de are offered exclusively to business customers. c. For the purposes of these GTC:
  • a “consumer” is any natural person who enters into the contract for purposes that are outside his or her trade, business or profession (Section 13 German Civil Code – BGB); and
  • a “business customer” means any natural or legal person, or a partnership with legal capacity, who, when entering into the contract, acts in the exercise of his or her trade, business or profession (Section 14(1) BGB).
d. Contracts are concluded exclusively on the basis of these conditions. The Customer accepts these terms and conditions, even where they conflict in whole or in part with the Customer’s own terms of business.
2. Formation and Termination of the Contract
a. A contract with ENAiKOON shall only be concluded after confirmation in text form by ENAiKOON, which may be issued within 7 working days from submission of the offer. A declaration of acceptance after this period shall be deemed a new offer by ENAiKOON to the customer. b. Termination of a contract or withdrawal from a contract must be made in writing or by fax in order to be valid.
3. Right of Withdrawal
Consumers have a right of withdrawal of fourteen (14) days. Further information can be found in the ENAiKOON withdrawal policy.
4. Scope of Services
a. Depending on the scope of the contract, ENAiKOON provides the following services: (1) inViu pro, inViu web: With these applications, the customer can monitor mobile objects, determine their positions, and print reports on historical movements of the mobile objects. (2) ENAiKOON M2M-commserver: ENAiKOON provides the customer with the ENAiKOON M2M-commserver, a platform that enables data exchange with mobile objects. The ENAiKOON M2M-commserver stores the transmitted data for a predefined period of time. (3) ENAiKOON data-forwarder: Data sent or received by the ENAiKOON M2M-commserver can be forwarded to a customer’s server or received from there. This enables data exchange with other programs used by the customer (e.g. scheduling software, ERP software). (4) ENAiKOON OSM-route: With this application, the customer can display current and historical positions of their vehicles on a map. (5) ENAiKOON can-66: This application allows CAN bus data to be analysed. It can be used, among other things, to identify reasons for increased fuel consumption, engine problems, and engine maintenance cycles, and to optimise them. (6) ENAiKOON staff-tracker: Based on RFID technology, this application allows working times of mobile employees to be recorded and access to machines, rooms, etc. to be restricted to authorised persons. (7) ENAiKOON limit-checker: This application allows CAN bus data to be analysed. It can be used, among other things, to identify reasons for increased fuel consumption, engine problems, and engine maintenance cycles, and to optimise them. (8) ENAiKOON fuel-tracker: This application makes it possible to detect the fuel tank level as well as changes in the tank volume, and to trigger an email alert in the event of significant changes. (9) ENAiKOON tour-checker: This application can be used to monitor compliance with predefined travel routes and send an email alert in the event of deviations. (10) ENAiKOON messenger: This application allows the reception of text messages via GPRS as well as the transmission of status texts and status reports between the ENAiKOON M2M-commserver and a display connected to an ENAiKOON telematics module. If the display is a navigation device, the calculated arrival time and remaining distance can also be transmitted to the ENAiKOON M2M-commserver. (11) inViu touch, inViu routes: This software, compatible with smartphones running the Android operating system, allows the recording of routes and the transmission of recorded data via GPRS to the ENAiKOON M2M-commserver. b. Some ENAiKOON tracking modules are technically capable of reading data via the vehicle’s On-Board Diagnostics (OBD) system or CAN bus interface. If the customer wishes to use this option, they must ensure that the respective vehicle manufacturer permits the reading of such data and that the use of this data complies with the contractual terms agreed between the customer and the vehicle manufacturer. ENAiKOON does not guarantee that data can be read if technical safeguards implemented by manufacturers prevent this, if compatibility issues arise, or if damage occurs as a result. ENAiKOON’s liability under section 8 remains unaffected. c. ENAiKOON provides the services listed in section 4a only in exchange for the contractually agreed usage fees. d. If ENAiKOON provides the customer—whether entrepreneur or consumer—with a SIM card from a third-party provider, additional fees will be charged for the use of this SIM card, in addition to ENAiKOON’s service fees. In this case, the customer must arrange activation of the SIM card directly with the respective mobile network operator. The contract for mobile communication services is concluded directly between the mobile operator and the customer. The prices and terms agreed between the customer and the third-party provider apply. ENAiKOON notes that additional charges (e.g. roaming charges) may apply for use outside the contractually agreed countries. These costs must be borne by the customer. e. If ENAiKOON provides the customer with an ENAiKOON SIM card in addition to the services listed in section 4a, the provisions in section 12 apply in addition to the other terms of these GTC. f. ENAiKOON may provide certain services listed in section 4a free of charge to consumers with the purchase of a tracking device for a period of six (6) months, if expressly agreed. During this period, the customer only incurs the costs of using the SIM card. After this period, the customer may agree with ENAiKOON to continue using the respective service for a fee. g. ENAiKOON may offer the customer additional services. There is no obligation to do so. Additional services are subject to separate agreements with their own service descriptions and price lists, which are made transparent to the customer. The termination or invalidity of the additional service contract does not affect the basic service contract. h. ENAiKOON is not responsible for the transmission and further processing of data. Depending on how the data/images are transmitted or processed (e.g. via SMS, MMS, email, or radio), third parties may be involved in the process. ENAiKOON assumes no liability for this transmission path. i. ENAiKOON grants the user a non-exclusive, non-transferable, and non-sublicensable right, limited to the duration of the contract and to the user’s computer workstation or mobile device, to use the software online, including all necessary reproductions. The customer is not permitted to decompile ENAiKOON’s software products. j. ENAiKOON is not obliged to host its services on its own servers and may use third-party providers.
5. Payment of the Agreed Fees / Default / Prohibition of Set-Off
a. Deliveries are made against advance payment. In principle, invoice amounts are due 10 days after the date of invoice, except where recurring invoices specify different payment terms. b. The customer may choose to pay the invoice amount by bank transfer or to grant ENAiKOON a SEPA direct debit mandate. c. If the customer has granted a SEPA direct debit mandate, ENAiKOON will collect the fee from the specified account. The collection will take place 10 days after the invoice date. The pre-notification period is accordingly shortened. For recurring invoices, the customer will be informed of the amount and the collection date. The customer undertakes to ensure sufficient funds are available in the account. Costs arising from failed collections or chargebacks shall be borne by the customer, unless the customer is not responsible for the failure or chargeback. d. If the customer defaults on payment of their usage fees for one quarter, ENAiKOON is entitled, 31 days after the due date of the quarterly payment, to suspend its services, in particular by blocking access. Suspending services has the effect that during this period no data collection or processing by ENAiKOON will take place, and such data cannot be retrieved retrospectively once the default has been remedied. If the customer is an entrepreneur, they shall bear the reconnection costs of €14 per mobile device for reactivation and, in addition, ENAiKOON is entitled to charge a handling fee of €3.00 per reminder. ENAiKOON will explicitly point out these consequences of default in its first reminder. The customer is entitled to prove that no damage has been incurred or that the damage is significantly lower than the flat-rate charges. e. The customer may only set off claims against ENAiKOON with counterclaims arising from warranty claims against ENAiKOON, or with undisputed or legally established claims. A right of retention pursuant to § 273 BGB may only be exercised by the customer in respect of such claims with which set-off is permissible under sentence 1.
6. Shipping, Insurance, and Transfer of Risk
a. Unless expressly agreed otherwise, ENAiKOON shall determine the appropriate method of shipping and the transport company at its reasonable discretion. b. ENAiKOON is only obliged to deliver the goods on time and properly to the transport company and is not responsible for delays caused by the transport company. c. If the customer is a consumer, the risk of accidental loss, accidental damage, or accidental deterioration of the delivered goods passes to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company. d. Subject to the provision in Section 6 e., the customer shall bear any shipping and cash-on-delivery costs, unless expressly agreed otherwise. e. If the customer is a consumer and exercises their statutory right of withdrawal, they shall bear the regular cost of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed €40, or if, in the case of a higher-priced item, the customer has not yet provided consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return shall be free of charge for the customer.
7. Retention of Title
a. ENAiKOON retains ownership of the delivered goods until full payment of the purchase price (including VAT and shipping costs) for the respective goods has been made. b. The customer is not entitled, without prior written consent, to resell goods delivered by ENAiKOON that are subject to retention of title. In the event that ENAiKOON consents to the resale, the customer hereby assigns to ENAiKOON, in advance, any claims arising from such resale up to the amount of the purchase price owed to ENAiKOON plus a 20% surcharge. ENAiKOON hereby authorises the customer to collect the assigned claims in the ordinary course of business, provided that ENAiKOON may revoke this authorisation at any time in the event of the customer’s default in payment.
8. Liability
a. ENAiKOON’s liability is excluded unless otherwise provided in the following provisions. b. The exclusion of liability under (a) does not apply to damages caused by the culpable breach of a material contractual obligation in a manner that endangers the achievement of the purpose of the contract. Material contractual obligations are those duties whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely. In such cases, liability is limited to the typical contractual damage that could reasonably have been foreseen by either party at the time, given the circumstances known. c. The exclusion of liability under (a) further does not apply to damages arising from injury to life, body, or health caused by a negligent breach of duty by ENAiKOON or its legal representatives or vicarious agents. d. The exclusion of liability under (a) does not apply to damages caused by intentional or grossly negligent breaches of duty by ENAiKOON or its legal representatives or vicarious agents. e. The exclusion of liability under (a) does not apply to claims under the German Product Liability Act. f. Where ENAiKOON’s liability is excluded or limited, this also applies to the liability of ENAiKOON’s legal representatives, employees, and vicarious agents. g. Insofar as ENAiKOON has provided a guarantee regarding the quality or durability of the goods it has delivered, the content of such guarantee shall remain unaffected by the above limitations of liability.
9. Warranty for Defects in Sales, Guarantee
a. If the customer is a consumer, ENAiKOON shall be liable – subject to the provisions of section 8 – for material defects in accordance with the statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). b. If the customer is an entrepreneur, the following shall apply: (1) The customer must inspect the goods received. Obvious defects must be reported in writing within 14 calendar days of receipt of the delivery. Hidden defects must be reported within 14 calendar days of discovery. The customer must prove the date of discovery in case of dispute. If the customer fails to comply with this duty of notification, warranty claims in relation to the defect concerned are excluded. (2) If the customer demands subsequent performance, ENAiKOON may, at its discretion, remedy the defect or deliver a defect-free replacement. In the case of replacement delivery, ENAiKOON shall supply a defect-free item within 14 days. If both forms of subsequent performance are only possible at disproportionate cost, ENAiKOON may refuse subsequent performance notwithstanding § 275 BGB (impossibility of performance). If subsequent performance fails, the customer may, at its discretion, reduce the price or withdraw from the contract; claims for damages – to which the limitation of liability under section 8 of these Terms and Conditions applies – remain unaffected. In the case of a justified demand for subsequent performance, ENAiKOON shall bear the necessary expenses for subsequent performance. This does not include the costs of removing the defective item and installing the replacement. These costs shall be borne by the customer. (3) Warranty claims for material defects shall expire one year after delivery of the item. (4) In the case of a justified demand for subsequent performance by the entrepreneur, ENAiKOON shall also bear the necessary shipping and cash-on-delivery costs. The customer must choose a usual and reasonable method of transport. If the costs exceed the normal costs for such transport and a cheaper transport option would have been reasonable for the customer, the customer shall bear the difference. (5) If ENAiKOON’s inspection shows that no defect existed and the demand for subsequent performance was therefore unjustified, the customer is obliged to pay ENAiKOON a flat fee of EUR 40.00 for the expenses incurred through the inspection. The customer may provide evidence that no expense was incurred or that the expense was lower. This flat fee shall not affect ENAiKOON’s right to remuneration for repairs ordered by the customer which are not due to a defect. (6) Section 9 b. (5) shall apply accordingly if the customer returns goods after expiry of the warranty period and ENAiKOON’s inspection shows that the goods are not defective. If the goods are defective, in addition to the flat fee a separate remuneration for the repair shall be agreed. c. If the customer is a dealer/reseller who sells ENAiKOON products to end customers, the following applies in addition to b.: (1) The dealer must enter into an agreement with its customers, insofar as they are entrepreneurs, corresponding to the above section b.
(2) If the dealer assigns warranty claims to a customer or undertakes to do so, the dealer must notify ENAiKOON of this in writing without delay. (3) As ENAiKOON, as the manufacturer, has superior technical expertise in remedying material defects, the dealer is obliged, if a customer asserts warranty claims against it, to inform ENAiKOON immediately. At ENAiKOON’s request, the dealer must ask its customer to contact ENAiKOON directly. Irrespective of this, the dealer must carry out defect rectification in accordance with ENAiKOON’s instructions; ENAiKOON may also carry out the rectification itself. d. A guarantee for the goods supplied by ENAiKOON shall only exist if this has been expressly stated in the order confirmation for the respective item.
10. Warranty for ENAiKOON Services, Availability, Performance, Browser
a. ENAiKOON strives to ensure the highest possible availability of its services. This obligation shall be deemed fulfilled if the user is able to use the services with an average monthly availability (30 days) of 98%. To maintain availability, ENAiKOON is entitled to carry out regular maintenance and service activities. In doing so, ENAiKOON may temporarily interrupt the operation of the servers, for a maximum of 24 hours, without this constituting a service disruption. ENAiKOON will inform the customer in advance, where possible. In the event of technical or other problems outside ENAiKOON’s control, particularly those caused by third parties such as the relevant mobile network provider or satellite operator (force majeure, third-party fault, mobile network outage, satellite transmission failure, etc.), the customer may commission ENAiKOON to take measures (identifying the cause, initiating substitute measures, etc.) to resume operations quickly. If the customer is an entrepreneur, they shall reimburse ENAiKOON a flat fee of EUR 180.00 for this. The customer is free to prove that no costs were incurred or that they were significantly lower than the flat fee. b. Liability for damages without fault for defects already existing at the time of conclusion of the contract (§ 536a BGB) is excluded. c. Defects and disruptions in the availability of the services must be reported to ENAiKOON without delay, but no later than within two weeks of becoming aware of them. ENAiKOON shall not be liable for non-use of the services for the period during which the customer fails to notify ENAiKOON of a disruption despite having knowledge of it or fails to return defective devices to ENAiKOON, where the customer is responsible for such failure. d. ENAiKOON is not liable for the availability of the GPS system required for tracking. ENAiKOON points out that it is currently uncertain whether the next generation of satellites will be available in time before the current satellites reach the end of their lifespan, which may lead to temporary gaps in tracking. e. ENAiKOON is not liable for the permanent availability of the GPRS service required for data transmission. ENAiKOON points out that it is possible that network operators may discontinue the service in the future. In this case, ENAiKOON hardware will no longer be able to transmit data, meaning ENAiKOON software may also no longer be usable. f. ENAiKOON applications are compatible with the current versions of common internet browsers and operating systems. Special compatibility requirements, e.g. functionality within a specific software environment or with internet browsers and operating systems that do not reflect the current state of the art, are – unless expressly agreed – not owed by ENAiKOON. Accordingly, deviations in this respect cannot be considered defects by the customer.
11. Obligations of the Customer, Suspension of Services or Deliveries
a. The customer guarantees that the address data provided by them is correct and complete. The customer shall immediately inform ENAiKOON of any changes to the data stored with ENAiKOON. b. The customer is aware that their monitoring modules – depending on their intended use – may transmit data that is potentially protected under data protection laws and that such data may not be used to monitor third parties. In the event of data processing that is unlawful under data protection law, the customer must cease data transmission or have the manufacturer modify the modules accordingly. ENAiKOON points out that location data may only be used or disclosed to third parties with the consent of the individual whose position is concerned or can be inferred. The customer undertakes to ensure compliance with this provision and with data protection laws. ENAiKOON shall not be liable for misuse of the data resulting from the customer or a third party transmitting, using, or otherwise making such data accessible without the consent of the data subject. The customer must ensure that such data is not made accessible to unauthorised persons. They are obliged to keep the access data provided to them confidential from unauthorised third parties and to store it securely so that unauthorised access is impossible. The personal password must be changed at regular intervals. Third parties who use the customer’s internet connection with their knowledge and consent are not considered unauthorised. c. The customer must ensure that their use of ENAiKOON’s services does not infringe the rights of third parties. This particularly applies to personal rights, copyright, neighbouring rights, industrial property rights, and competition law provisions. d. It is the customer’s responsibility to ensure that only such data or data volumes are transmitted or displayed as are legally permissible. Depending on the monitoring module used and its intended purpose, more data may be transmitted for technical reasons than is legally permissible. The customer acknowledges this. e. If the customer uses the options offered by ENAiKOON to store data on ENAiKOON storage media, the following additional provisions apply: (1) Der Kunde räumt ENAiKOON für etwaig urheberrechtlich geschützte Daten und Inhalte, die auf dem Server gespeichert werden, das nicht ausschließliche, nicht übertragbare, örtlich auf den Standort des genutzten Servers und zeitlich auf die Dauer dieses Vertrages beschränkte Recht zur unbegrenzten Vervielfältigung der Daten und Inhalte im Rahmen der Erfüllung der vertraglichen Leistungspflichten ein. Insbesondere darf ENAiKOON Backup-Kopien anfertigen, die im Umfang auf das erforderliche Maß beschränkt sind. (2) ENAiKOON accepts no responsibility for the content provided by the customer. ENAiKOON is under no obligation to check customer data and content for legality. Should the content stored by the customer on the contractual storage space infringe the law, ENAiKOON is entitled to delete such content immediately. f. The customer must notify ENAiKOON of faults and defects in the services provided, particularly faults in tracking services, without delay and must reasonably cooperate in their resolution. g. If the customer breaches their obligations under the contract, particularly under these Terms and Conditions, or violates statutory duties in this context, ENAiKOON may, after an unsuccessful warning with an appropriate grace period, suspend its services and block access. Any suspension caused by behaviour for which the customer is responsible does not release the customer from their obligation to pay the contractually agreed fees to ENAiKOON. Should ENAiKOON be held liable by third parties as a result of a culpable breach by the customer of the provisions under clauses 11 b., c., d., e. and/or f., the customer shall indemnify ENAiKOON against such third-party claims and reimburse ENAiKOON for the costs of appropriate legal defence and enforcement.
12. Use of ENAiKOON SIM Cards
a. If ENAiKOON provides the customer with an ENAiKOON SIM card in addition to the services listed under 4.a., the following provisions under 12.b. to 12.j. shall additionally apply. b. ENAiKOON provides the customer with a SIM card, coded with an identification number (PIN) and an unlock code (PUK), for the duration of the contract to enable the use of ENAiKOON services. The SIM card may only be used for the purposes contractually agreed between the customer and ENAiKOON. The SIM card does not become the property of the customer and must be returned to ENAiKOON after termination of the contract, unless returning it would be unreasonable due to the specific installation of the tracking module (e.g. where the module is installed in an inaccessible location). If the customer fails to return the SIM card within 2 weeks after being requested by ENAiKOON, they must pay ENAiKOON a flat fee of EUR 19.90 for replacement procurement. The customer may prove that no costs were incurred at all or that they were significantly lower than the flat fee. c. The customer must keep the SIM card safe and protect it from harmful influences. Any visible defect or damage, as well as the loss or theft of the card, must be reported to ENAiKOON immediately, stating the card number. If the customer initially reports the loss or theft orally, this must be confirmed in writing without delay. In the case of loss through a criminal act by third parties (e.g. theft, embezzlement, etc.), the customer must also immediately report the incident to the police. d. In the event of loss, the customer shall receive a replacement SIM card. The associated costs are published at www.enaikoon.com and must be borne by the customer. e. If a code (e.g. PIN or PUK) is required to use a service, the customer is obliged to keep this code secret and not to make it accessible to unauthorised third parties. If, based on established facts, there is a suspicion of misuse by third parties, the customer must immediately change the code or – if the change can only be made by ENAiKOON – instruct ENAiKOON to make the change and inform ENAiKOON of the suspected misuse. f. If ENAiKOON services are used by unauthorised third parties via the SIM card, the customer shall be liable for all charges incurred until the time of notification to ENAiKOON, unless the customer is not responsible for the unauthorised use. The customer is also liable for any charges and damages incurred as a result of a delay in notifying ENAiKOON if such delay is attributable to the customer. g. The customer may only use ENAiKOON services in the countries contractually agreed. Further details can be found in the respective data sheets and service descriptions. If the customer uses ENAiKOON services in countries not contractually agreed, higher charges (e.g. roaming fees) may apply. These must be reimbursed by the customer to ENAiKOON. Details on country-specific pricing are available at www.enaikoon.com. h. The customer must raise objections to invoices in writing within 8 weeks of receiving the invoice. i. In the event of a dispute between the customer and ENAiKOON regarding whether ENAiKOON has fulfilled an obligation towards the customer under §§ 43a, 45 to 46 para. 2 and § 84 of the German Telecommunications Act (TKG) or under Regulation (EC) No. 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC (OJ EU No. L 171, p. 32), the customer may initiate an arbitration procedure before the Federal Network Agency. j. Where the customer allows a third party to use the ENAiKOON SIM card provided to them, they must inform the third party of the obligations under these Terms and Conditions. k. The provisions on warranty for defects in clause 9 also apply to SIM cards, in particular in cases where SIM cards are permanently built into ENAiKOON hardware and cannot be replaced.
13. Data Storage and Deletion
ENAiKOON stores the data transmitted and entered by the customer in the course of contract processing (e.g. location data) for the duration of the agreed contract term, unless the customer requests deletion beforehand. One month after termination of the contract, ENAiKOON deletes all existing data. ENAiKOON points out that all data the customer wishes to continue using should be exported before this time. No separate reminder will be issued by ENAiKOON.
14. Privacy Protection
a. ENAiKOON may process and store data relating to the respective contracts insofar as this is necessary for the execution and handling of the purchase contract and for as long as ENAiKOON is legally obliged to retain such data. b. ENAiKOON reserves the right to transmit the customer’s personal data to credit agencies, insofar as this is necessary for the purpose of a credit check, provided that the customer has expressly consented to this in the individual case. Apart from this, ENAiKOON will not forward personal customer data to third parties without the customer’s express consent, unless ENAiKOON is legally obliged to disclose the data. c. ENAiKOON is entitled to process and use its customers’ master data insofar as this is necessary for customer advice, advertising, and market research for its own purposes, and for the demand-oriented design of its services. In doing so, ENAiKOON observes the legitimate interests of its customers. For advertising by e-mail, the following applies in addition: for direct marketing of its own products that are similar to the product purchased by the customer, ENAiKOON may use the e-mail address provided by the customer. The customer may object to any use of his or her data under clause 14.c. at any time. Upon request, ENAiKOON will at any time provide the customer with full and free information about the stored data, insofar as it concerns him or her. d. Further details on data processing when placing an order via ENAiKOON’s websites can be found in ENAiKOON’s privacy policy.
15. Exclusive Commercial Use of Certain Devices
All devices, with the exception of the ENAiKOON locate-19, are intended exclusively for commercial use. They are registered as so-called B2B devices, which are used solely in environments other than private households (§ 6 para. 3 sentence 2 ElektroG). The customer therefore undertakes neither to use these products for private purposes nor to make them available to third parties for private use, whether for consideration or free of charge. The customer also undertakes not to sell these products to employees or private individuals unless they can prove that the modules are used exclusively for commercial purposes. If the customer breaches these obligations and is responsible for such breach, he or she is obliged to compensate ENAiKOON for any resulting damage.
16. Disposal of Waste Electrical and Electronic Equipment
a. If the customer is an entrepreneur, they shall assume the obligation to properly dispose of the delivered devices at their own expense in accordance with statutory provisions once their use has ended. In doing so, the customer also releases ENAiKOON from its obligation under § 10 para. 2 ElektroG (manufacturer’s take-back obligation) and from any related claims by third parties. The customer is required to contractually oblige any commercial third parties to whom they pass on the delivered devices to properly dispose of the devices at their own expense in accordance with statutory provisions, particularly those of the ElektroG, once their use has ended, and to impose a corresponding obligation to ensure further transfer in the event of renewed onward supply. Should the customer fail to contractually oblige third parties to assume the disposal obligation and the obligation to further transfer, the customer shall be obliged to take back the delivered devices after their use has ended and to properly dispose of them at their own expense in accordance with statutory provisions. b. If the customer is a consumer, ENAiKOON hereby informs the customer that such old devices may not be disposed of as unsorted municipal waste. They must be collected separately and disposed of through the local collection and return systems.
17. Amendments to the Terms and Conditions
ENAiKOON shall be entitled to amend these General Terms and Conditions, provided that the customer is notified of such amendments in writing no later than six weeks before they come into effect. The customer may object to the amendment within four weeks of receiving the notification; otherwise, the amendment shall be deemed accepted. ENAiKOON shall explicitly draw attention to this consequence in the notification.
18. Final Provisions
a. Any amendments, supplements or partial or complete termination of the contract must be made in writing, including any amendment or cancellation of this written form requirement. b. For contracts concluded by ENAiKOON on the basis of these General Terms and Conditions, and for any claims arising therefrom of any kind, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). c. The place of performance and the exclusive place of jurisdiction for all disputes arising from contracts subject to these Terms and Conditions shall be Berlin-Charlottenburg, provided the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law. In all other cases, in particular if the customer is a consumer, ENAiKOON or the customer may bring an action before any court having jurisdiction under the statutory provisions.