Terms & Conditions

Understanding Your Rights and Responsibilities

portier Global Pty Ltd. 
PO Box 206 
Mooloolaba QLD 4557 
ACN 672 385 661 
Phone: +49 30 3001 5363

Overview
Offers, Prices, and Acceptance of Orders
Payment Terms and Defaults
Shipping and Delivery
Inspection and Complaint Obligations
Retention of Title
Limitation of Liability
Image Rights
Final Provisions

Overview

These General Terms and Conditions (hereinafter referred to as “T&Cs”) in their version valid at the time of the conclusion of the contract apply to all offers, orders, and deliveries by portier Software Ltd. (hereinafter referred to as “portier”).
By placing an order, the contracting party acknowledges the validity of the current T&Cs of portier. This also applies to subsequent transactions unless the contracting party is a consumer.
Any deviating general terms and conditions of the contracting party are hereby objected to, even in the case of confirmation letters and deliveries or services without reservation.
The offers from portier are directed exclusively at businesses.

Offers, Prices, and Acceptance of Orders

All offers from portier are non-binding, especially regarding quantity, price, and delivery time.
All prices are in Euros, excluding VAT, packaging, and shipping costs.
Orders from the contracting party are considered accepted only when confirmed in writing by portier (possibly through invoice issuance).

Payment Terms and Defaults

Invoices must be paid net cash within 14 days of the invoice date, with payment receipt at portier being decisive.
In the case of delay, all obligations of the contracting party towards portier become due immediately. portier is entitled to withhold further deliveries or to require advance payment. Additional claims are reserved. In case of withdrawal due to payment delay, the contracting party must return the goods at their own expense and risk to portier and compensate all incurred costs and damages.
If portier owes services in addition to goods delivery, the goods must be paid for upon delivery, even if the service is performed at a later date.

Shipping and Delivery

Goods are sold from the warehouse, unless otherwise agreed, uninsured and at the contracting party’s risk.
The amount of packaging and shipping costs will be communicated at the time of contract conclusion. For international shipments, portier may charge additional, cost-covering shipping fees.
The choice of transport means is at portier’s discretion without assuming liability for the cheapest and fastest transportation.
portier is entitled to reasonable partial deliveries.

Inspection and Complaint Obligations

The contracting party must inspect the goods immediately upon receipt and report any defects in writing to portier without delay.
Claims for defects require compliance with inspection and complaint obligations unless the contracting party is a consumer.
In case of transport damage, the contracting party must claim this immediately upon receipt of the goods from the carrier and note it in writing on the delivery note or similar.

Retention of Title

The goods remain the property of portier until full payment of all claims from the business relationship with the contracting party.
The contracting party is entitled to resell the goods in the ordinary course of business. This entitlement ceases in case of payment delay or if bankruptcy proceedings are initiated against the contracting party’s assets.
The contracting party hereby assigns claims from the resale of the goods to portier, who accepts the assignment.
The contracting party is authorized to collect receivables from the resale of the goods. This authorization ceases if the contracting party no longer operates in an orderly manner or if portier revokes this authorization due to non-compliance with obligations, especially payments. If the authorization ceases or is revoked by portier, the contracting party must immediately inform portier of the debtors of the assigned claims and provide the necessary information and documents for collection.

Warranty, Liability for Defects

The contracting party has warranty rights for defective goods according to the following regulations.
The limitation period for liability for defects is 1 year for new goods and 6 months for used goods from the date of delivery. For contracts with consumers, the period is 2 years for new goods and 1 year for used goods from delivery.
portier has the discretion to repair or replace the goods during the warranty period. If repair or replacement fails, the contracting party has the right to cancel the contract, reduce the price, or claim damages or reimbursement of expenses under legal conditions. Repair or replacement is deemed to have failed after an unsuccessful second attempt unless otherwise indicated by the nature of the goods or the defect.

Limitation of Liability

Portier, including its representatives, employees, and agents (collectively referred to as “portier”), shall only be liable for intentional misconduct and gross negligence, regardless of the legal basis, except in cases of culpable breach of fundamental contractual obligations or breach of a quality guarantee.
Portier is not liable for any improper use of the goods and products by the contracting party.
Except in cases of intentional breach of contract, portier is not liable for lost profits, savings not achieved, indirect damages, and/or consequential damages.
Except in cases of intentional breach of contract, portier’s liability is limited to the damage that was reasonably foreseeable at the time of contract conclusion.
Liability for culpable harm to life, body, or health and any mandatory statutory liability remains unaffected by the aforementioned limitations.

Disclaimer for External Links

Portier provides links to other internet sites. Portier declares that it has no influence over the design and content of the linked pages. Portier expressly distances itself from all contents of all linked pages and does not endorse their content.

Image Rights

All image rights displayed on portier’s pages are owned by portier or its partners. Use without the express consent of the respective rights holders is not permitted.

Final Provisions

The contracting party is advised that portier processes and stores personal data obtained during the business relationship in accordance with the Federal Data Protection Act. For more details, please refer to portier’s separate privacy policy.
The contracting party may only offset claims by portier if the contracting party’s counterclaim is undisputed or has been legally established. The contracting party may only exercise a right of retention to the extent that it arises from claims from the same contractual relationship.
Without the express written consent of portier, the contracting party is not entitled to assign claims from the contractual relationship to third parties.
The place of fulfillment and exclusive jurisdiction for all disputes arising from or in connection with these Terms and Conditions or the underlying contract is Berlin, to the extent legally permissible.
These Terms and Conditions and the underlying contract between portier and the contracting party are governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods and the provisions of private international law.
Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. An alternative provision, which most closely achieves the intended purpose of the invalid provision, will replace the invalid provision.