All supplies, achievements and offers for costumers in accordance with § 13 BGB take place on the basis of these trading conditions in the respective version at the time of the order. With placement of order the buyer agrees to the contractual basis. Deviating general trading conditions of the customer are rejected. These only become effective if they are confirmed expressly in writing by the provider.

§ 1 Contracting party, Scope
a) Contracting parties in the context of the following general trading conditions are HyperMegaNet UG (limited liability) (in the following "PearC"), Alsterdorfer Straße 528, 22337 Hamburg, Germany and the customer. Further information about communication data and the legal agency of HyperMegaNet UG (limited liability) can be found in the information provider identification (imprint).
b) All supplies and achievements, carried out for PearC customers, are solely carried out on basis of the following general trading conditions valid when order was placed. c) Deviating regulations will be objected to. Others regulations than the contained herein only become effective with express approval of the management (entitled representative) of PearC (managing director, attorney or authorised signatory) and the respective customer.

§ 2 Contract conclusion
a) The offers of PearC on their Internet sites represent a non-committal offer to the customers to order items at PearC.

b) By order of goods when filling in and mailing the on-line form for customers a binding offer of a sales contract is placed. The offer is at latest binding when passing the respective interface of PearC. With mailing of the order the customer accepts the trading conditions for the legal relation with the offerer. In sending the order the customer agrees to the business conditions of PearC. PearC is not obligated to accept the customers offer. The confirmation of the entrance of the customers still does not represent the acceptance of the customers’ offer.

c) Should the confirmation of order or any other obligatory explanation of PearC posting contain a typing- or misprint error or should for the price definition have transmission error PearC is entitled to appeal against that due to falsity whereby PearC has to carry the burden of proof. Possibly received payments are reimbursed immediately in that case.

d) PearC is entitled to accept this offer within the period of seven calendar days by forwarding of an order confirmation or forwarding of the ordered item. The order confirmation is given by transmission of an email. After fruitless expiration the offer is considered as rejected.

§ 3 Right of withdrawal
a) Power of revocation A two-week revocation right is entitled to the customer, if he is a private person, who does not act in the name of a company. The period of revocation begins at the earliest on the day after receipt of the item and the following instruction in text form (e.g. by letter, fax or email). To observe the period of revocation the punctual sending of the revocation or the item is sufficient. The revocation has to be send to:
(via E-Mail) info (at) pearc.de
Or by mail to:

HyperMegaNet UG (limited-liability)
Alsterdorfer Straße 528
22337 Hamburg
Deutschland/Germany

b) Cancellation consequences
In the event that a cancellation is valid, the services received by both parties to the contract are to be returned and if applicable, any benefits derived (e.g. interest) are to be returned. If the other party to the contract is unable to return part or any of the services he has received or is only able to return the performance he has received in an impaired condition, the other party to the contract must compensate PearC in this respect for the difference in value where necessary. If goods are returned this shall not apply if the deterioration in the goods is solely attributable to an inspection of the goods by the other party to the contract as would have been possible had the other party to the contract purchased the goods in a shop. Moreover, the other party to the contract will not have to compensate PearC for any drop in value of the goods returned by not using the goods as if fully owned and refrains from doing anything detrimental to the value of the goods. Things which can be sent as parcels are to be returned. Things which cannot be returned as parcels will be collected from the other party to the contract. The customer shall have to bear the cost of returning the goods if the supplied goods are the same goods as ordered by him and the price of the goods to be returned does not exceed 40 Euros or if the price of the goods is more than 40 Euro and other party to the contract has still not rendered the payment or made a contractually agreed part-payment at the point in time at which he cancels the order. Otherwise the other party shall not have to pay for the return of the goods. The other party to the contract shall have to fulfil his obligations to make payments to PearC within 30 days from sending his cancellation or returning the goods.
Special Note
During a service your right of revocation expires early, if your contracting party began with the execution of the service with your express agreement before end of the period of revocation or if you arranged it.
If Software or Operating Systems on CD or DVD is unwrapped the right to cancel expires. Since a PearC only is sold in conjunction with software, PearC charges the full price for the software, which amounts 139 Euro for Mac OS X and 179 Euro for the Mac Box Set (excluding shipping costs).
End of revocation

§ 4 Payment conditions
The prices are valid with placement of the binding order. All prices contain 19% value added tax. Shipping expenses (postage and packing) are added separately and will than be included in the item prices. Payment of the purchase price is due with contract conclusion. The billing amount stated invoice has to be paid full to PearC regardless which methods of payment you choose. Deductions of transaction fees and the like, which for example result from payment settled using international banks, are not accepted by PearC

§ 5 Retention of ownership
PearC retains ownership of the delivered goods and services until full payment of all past and arising claims against the purchaser resulting from the business relationship, of whatever type and on whatever legal basis.

§ 6 Warranty
a) The warranty rights of the customer depend on the relevant statutory regulations if not stated differently consecutively. For claims of damages of the customer towards the offerer the regulation in § 7 of these terms is valid.
b) The limitation period of guarantee claims for customers lasts fort two years if goods are second-hand the period is one year. For entrepreneurs the period of limitation lasts one year for new goods and six for second-hand products to with again manufactured things 1 year, with used things 6 months. The mentioned reduction of the period of limitation is not applicable for claims of the customer due to damages arising out of death, injury to body or health as well as for claims due to breach substantial contract obligations. Substantial contract obligations are those which fulfilment is necessary to achieve the goal of the contract. The mentioned reduction of the period of limitation is also not applicable for claims arising from deliberate or wantonly negligent, neglect of duty of the offerer, its legal representatives or the person assisting in the performance of obligations.
c) Guaranty is not taken over by PearC.

§ 7 Disclaimer
a) Damage claims are excluded if nothing else has been agreed upon. The before mentioned non- liability clause is also applicable for the legal representative and persons used to perform obligations, if the customer file a claim against them.

b) Excluded of the claim of damages under cipher 1 are claims arising out of death, injury to body or health as well as claims due to breach substantial contract obligations. Substantial contract obligations are those which fulfilment is necessary to achieve the goal of the contract. The mentioned reduction of the period of limitation is also not applicable for claims arising from deliberate or wantonly negligent, neglect of duty of the offerer, its legal representatives or the person assisting in the performance of obligations. c) PearC is only liable for intent and rough negligence. It is the customers’ duty to take care of data- back-up. PearC is nit liable for any data loss on storage media (computer, hard disk, storage media and so on).

§ 8 Terms of Delivery
a) Delivery will be made to the address given by the customer. It is impossible to deliver goods to different addresses in case of multiple orders. b) If the customer chooses to pay in advance the item will be reserved on acceptance of contract, but will be shipped after payment has been settled to the account PearC. We therefore kindly ask the customers to take that into consideration and place advance payment in time.
c) If the customer chooses to pay in advance and payment should not be made within five days to the bank account of PearC we will withdraw from the treaty. If PearC sticks to the contract the delivery terms stated when the order was placed are ineffective. In fact the date agreed for delivery depends on the moment of cash receipt at PearC.

§ 9 Damages in transportation
If goods are delivered in an obviously damaged condition it is the customers liability to get in touch complain to the supplier and get in touch with PearC: info@PearC.de. The customer hereby supports enforcement of a claim of von PearC against the freight carrier.

§ 10 Choice of law/Jurisdiction
a) The contractual relationship between the customer and PearC is based upon the law of the Federal republic of Germany (FRG). Application of the Uniform Law on the International Sale of Goods (CISG) is excluded.
b) Hamburg is the place of jurisdiction for all disputes arising directly and indirectly from the business relationship between customer and PearC if the customer is a merchandiser, a legal entity under public law or a special fund under public law.

§ 11 Severability clause
Should one of the clauses of these general terms of business be invalid all others clauses are not effected.