General Terms of Service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (KernelHost) via the website. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of their independent professional or commercial activity.

§ 2 Formation of the contract
(1) The object of the contract is the sale of goods.
Our offers on the Internet are non-binding and are not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed on the order overview page. Before you send the order, you have the option to review all the information here, change it (also via the "back" function of the Internet browser) or cancel the purchase.
By submitting the order using the button "order with costs" you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.

§ 3 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you are now assigning to us all claims in the amount of the invoice amount that arise from the resale, we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. It is our responsibility to select the collateral to be released.

§ 4 Warranty
(1) There are statutory warranty rights .
(2) As far as you are an entrepreneur, deviating from Paragraph 1 applies:
a) The quality of the goods is only our own information and the manufacturer's product description as agreed, but not other advertising, public promotions and statements of the manufacturer.
b) You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects ascertained later on from discovery. In the event of a violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, we provide a warranty of our choice through rectification or replacement. If the rectification of the defect fails, you can either request a reduction or withdraw from the contract. The remedial measures are deemed to have failed after a second unsuccessful attempt, unless the nature of the thing or the defect or the other circumstances indicate otherwise. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage from injury to life, limb or health, and grossly negligent or willful damage or malice, as well as recourse claims in accordance with §§ 478, 479 BGB.

§ 5 Publishing content on the server
(1) You undertake to mark the content posted on the Internet as your own or third-party content and to present your full and correct name and address.
Additional obligations may result from the provisions of the Telecommunications Act and the Telemedia Act. You undertake to check and fulfill this under your own responsibility.
(2) You undertake not to publish any content that violates the rights of third parties or otherwise violates applicable law. The storage of erotic, pornographic, extremist or offensive content is not permitted under any circumstances. We are entitled to block access to your server in the event that this has been violated. The same applies in the event that you publish content that is likely to injure third parties in their honor, to insult or disparage people or groups of people. We are not obliged to check the content of our customer.
(3) Sending spam mails is strictly prohibited. This applies in particular to the sending of inadmissible, unsolicited advertising to third parties. When sending e-mails, it is also largely prohibited to provide incorrect sender data or to disguise the sender's identity in any other way. In the event of non-observance, we are entitled to block access to your server.

§ 6 Hardware and service
(1) We would like to provide the desired service for each customer. However, if applications are used that frequently or permanently bring the CPU or the core of the CPU to the maximum, we take the right to take measures to avoid damage to the hardware. This can lead to a server lock.
(2) If applications are used that mostly or permanently lead to massive bandwidth, hard disk, RAM or part of the hardware, the server will be blocked by us.
(3) The consumer is liable for any hardware damage as long as this was caused by the consumer.

§ 7 Liability
(1) We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, acceptance of the guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty is based on the corresponding regulation in our customer information (part II) and general terms and conditions (part I).
(3) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and you can regularly rely on their compliance.
(4) Liability for slightly negligent breaches of duty is excluded in the event of violation of insignificant contractual obligations.
(5) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of the art. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
(6) Here it is written again precisely that the consumer is liable for any hardware damage as long as this was caused by the consumer.

§ 8 choice of law, place of performance, place of jurisdiction
(1) For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The place of fulfillment for all services from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.


II. Customer information

1. Identity of the seller
KernelHost - Einzelunternehmen
Hani Hussein
Schußwallgasse 5/9
1050 Vienna, Austria

2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction take place in accordance with § 2 of our general terms and conditions (part I.).

3. Contract language, contract text
storage 3.1. The contract language is German or English.
3.2. We do not save the complete text of the contract. Before the order is sent via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you have a request for a quote outside of the online shopping cart system, you will receive all contract data as part of a binding offer by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the article description and the additional information on our website.

5. Prices and payment
arrangements 5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective article description, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery is promised.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective article description.
5.4. Unless otherwise specified for the individual payment methods, the payment claims from the contract concluded are due for payment immediately.

6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective article description.
6.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory liability for defects
7.1. The liability for defects for our goods is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
7.2. As a consumer, you are asked to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
These general terms and conditions and customer information were created by the lawyers of the retailer association who specialize in IT law and are constantly checked for legal conformity. The Dealer Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at: