Terms and Conditions

§ 1 General and Business Relationships (last up-date: 13/06/2014)

1. The following General Terms and Conditions of Business are valid for the contractual relationships that have come into existence in the framework of the online shop "os-operating-system.com" of TYR Holding GmbH, represented by the Managing Director Mehmet Simav, Pankower Str. 16, 13156 Berlin (hereinafter referred to as the "Seller") and that are formed between the Seller and his customers (hereinafter referred to as "Buyers").
2. Contracts are formed with both consumers and entrepreneurs.

3. The consumer is any natural person who concludes a legal transaction for purposes mainly attributable to neither his/her commercial activity nor his/her self-employed occupation.

4. Under § 14 of the German Civil Code an entrepreneur is a natural or legal person or a partnership with legal capacity that is acting in pursuance of his/her/its commercial or independent professional activity when concluding a legal transaction. A partnership with legal capacity is a partnership with the capacity to acquire rights and enter into engagements.

§ 2 Formation of the Contract

1. All products, articles and services to be purchased in the Seller's online shop do not constitute binding offers by the Seller in the legal sense but instead are an invitation to the customers to submit an offer.

2. After the order has been sent by the Buyer, he immediately receives an email confirming receipt of the order but not constituting acceptance of the offer in the legal sense. The offer is accepted and the contract is also formed therewith through delivery of the goods or an explicit declaration of acceptance in text form (email, fax or letter).

§ 3 Prices, VAT, Payment

1. All stated prices are total prices including statutory value added tax plus any shipping costs depending on the type of delivery (see § 4) plus packaging costs.

2. The Seller offers the following payment methods: advance payment, PayPal, credit card, instant bank transfer, COD (cash on delivery) or cash payment on pick-up by the customer. The Seller issues an invoice to the customer for the ordered goods, which he sends to him/her by post or encloses with the goods when they are delivered to the customer.

§ 4 Deliveries, Shipping Costs and Transfer of Risk

1. Delivery (delivery by a shipping company) is performed immediately after receipt of payment or notification by PayPal, or immediately after receipt of the order if COD has been chosen as the payment method.

2. The Seller's terms of delivery and payment are explained in more detail on the order form. For the delivery date, please refer to the article description in each case. 3. On the last ordering page before submission of your offer ("Order with costs") you again receive a general overview of the essential characteristics of the goods, the total price of the goods, and all associated price components such as shipping and packaging costs.

4. If the Buyer is a consumer according to § 13 of the German Civil Code, then the shipping risk shall be borne solely by the Seller. If, on the other hand, the Buyer is an entrepreneur, the risk passes to the Buyer as soon as the Seller has delivered the item to the forwarding agency or other institution or persons charged with performing the shipment.

§ 5 Instructions on Right of Withdrawal

Instructions on Right of Withdrawal and Withdrawal Form

The following instructions on the right of withdrawal are valid solely for consumers (see § 1 of the General Terms and Conditions of Business).

Right of Withdrawal:
You have the right to withdraw from this contract within fourteen days without stating the reasons. The withdrawal period is 14 days from the day

- on which you or a third party designated by you, who is not the carrier, have/has taken possession of the products, if you have ordered a product or several products in the framework of a uniform order and the product or products is/are delivered uniformly;

- on which you or a third party designated by you, who is not the carrier, have/has taken possession of the last product, if you have ordered several products in the framework of a uniform order and the products are delivered separately;

- on which you or a third party designated by you, who is not the carrier, have/has taken possession of the last partial shipment or the last piece, if you have ordered a product that is delivered in several partial shipments or pieces;

If several of the above-mentioned alternatives are present, the withdrawal period only starts when you or a third party designated by you, who is not the carrier, have/has taken possession of the last product or the last partial shipment or the last piece.

To exercise your right of withdrawal you must inform us (TYR Holding GmbH, TYR Holding GmbH, Pankower Str. 16, 13156 Berlin Telephone: +49(30) 779 07 86 85, Fax: +49(30) 779 07 86 86, email: info@tyr-holding.de) of your decision to withdraw from this contract by means of an explicit declaration (e.g. a letter sent by post, a fax or an email). To do this, you can use the attached withdrawal form, which, however, is not compulsory.

To comply with the time limit for withdrawal it is sufficient that the notification of your wish to exercise your right of withdrawal be sent before expiry of the withdrawal period.

Consequences of Withdrawal

If you withdraw from this contract, we must refund to you all payments that we have received from you, including the delivery costs (except the additional costs incurred by you as a result of choosing a delivery type other than the low-cost standard delivery offered by us), immediately and at the latest within fourteen days from the day on which notification of your withdrawal from this contract has been received by us. For this refund we use the same means of payment used by you in the original transaction, unless something else was expressly agreed with you; in no circumstances will fees be charged to you because of this refund.

We can withhold the refund until we have recovered the goods or until you have provided proof that you have sent back the goods, depending on which event occurs at the earliest point in time.

You must send back or deliver the goods to us immediately and in any event within fourteen days at the latest from the day on which you notify us of your withdrawal from this contract. The time limit is met if you dispatch the goods before expiry of the withdrawal period of fourteen days.

You bear the direct costs for return of the goods.

You must pay for any loss in the value of the goods only if this loss in value is attributable to your having handled them in a way other than that necessary to test their properties, condition and functionality.

Exclusion of RIght of Withdrawal

The right of withdrawal does not exist in the case of contracts

- for the delivery of goods that are not prefabricated and in whose manufacture an individual choice or stipulation by the consumer has played a major role or that are clearly tailored to the personal needs of the consumer,

- for the delivery of goods that can spoil quickly or whose use-by data would be quickly exceeded,

- for the delivery of alcoholic beverages whose price was agreed when concluding the contract, but which can be delivered 30 days at the earliest after conclusion of the contract and whose current value depends on fluctuations in the market on which the entrepreneur has no influence,

- for the delivery of newspapers, magazines or periodicals except in the case of subscription contracts

- articles that are not suitable for return due to their properties and condition (e.g. download products)

The right of withdrawal can lapse

- for the delivery of sealed goods that are not suitable for return due to reasons related to health protection and hygiene, if their sealing was removed after delivery,

- for the delivery of goods if, because of their character, they were mixed inseparably with other goods after they were delivered,

- for the delivery of sound and video recordings or computer software in sealed packaging, if the sealing was

- for the delivery of newspapers, magazines or periodicals except in the case of subscription contracts.

- End of Instructions on Right of Withdrawal -

Withdrawal Form
If you want to withdraw from the contract, then please fill out this form and return it to

TYR Holding GmbH, TYR Holding GmbH, Pankower Str. 16, 13156 Berlin Telephone: +49(30) 779 07 86 85, Fax: +49(30) 779 07 86 86, email: info@tyr-holding.de:

I/we (*) herewith withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ provision of the following service (*)/

- Ordered on (*)/received on (*) - Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (required only for notification on paper)
- Date
_______________
(*) Cross out option that does not apply

§ 6 Retention of Title

1. The delivered goods remain the property of the Seller until they have been fully paid for.

2. For entrepreneurs the following applies:

a)
The Seller retains ownership of the goods until all claims arising from the current business relationship have been fully settled. Before ownership of the reserved goods is transferred, their pledging or the transfer of their ownership by way of security is not permitted.

b)
The Buyer is entitled to resell the goods in the ordinary course of business. For this eventuality the Buyer hereby already assigns to the Seller all claims to the amount of the final invoiced sum that arise vis-à-vis a third party from the resale. The Seller reserves the right to collect the claim himself as soon as the Buyer does not properly fulfil his payment obligations and falls into arrears.

c)
In the case where the goods subject to reservation of title are combined or mixed with other goods the Seller acquires joint ownership of the new item in the ratio of the invoice value of the reserved goods to other processed items at the time of processing

d)
The Seller undertakes to release the securities due to him upon request insofar as the realisable value of the Seller's securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released rests with the Seller.

§ 7 Warranty Rights / Liability

For our goods the statutory warranty rights apply, unless otherwise agreed here under V.

1. If the customer acts as a consumer, the limitation period for liability claims for used goods shall be limited to a year from delivery of the item. The limitation period for claims for damages in the case of loss to life or injury to body or health that result from an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or agent of the Seller shall remain unaffected. Furthermore, the limitation period for claims for damages in the case of other damages resulting from an intentional or grossly negligent breach of duty by the Seller or from an intentional or grossly negligent breach of duty by a legal representative or agent of the Seller shall remain unaffected. In addition, any liability under the Product Liability Act shall remain unaffected. Apart from that, the legal regulations shall apply.

2. For entrepreneurs the following applies with respect to the warranty and liability:

a)
The limitation period for warranty claims is one year for entrepreneurs in the case of both newly manufactured items and used items. Apart from that, the legal regulations also apply here.

b)
The Buyer must inspect the goods in accordance with § 377 of the German Commercial Code immediately after delivery by the Seller, insofar as this is feasible in the normal course of business, and immediately notify the Seller if a defect is discovered . If the Buyer fails to give notification the goods are considered to be accepted, unless the defect is one that was not recognisable during inspection. If such a defect is discovered later, then notification must be given immediately after the discovery. Otherwise the goods are considered to be accepted even in consideration of this defect. For the rights of the Buyer to be preserved it is sufficient that the notification be sent in good time. If the Seller has fraudulently concealed the defect, then he cannot evoke these regulations.

§ 8 Other Obligations to Provide Information for Distance Contracts and for Electronic
Business Transactions

1. Technical steps for concluding the contract / ordering process

Select the products you would like to order by clicking on the "Shopping cart" button. By clicking on the button "To the checkout" you move to the next ordering step. You obtain an overview of your order: the selected products, the shipping and invoice address and your contact data. In this way your selection is placed in the shopping cart. You can change this selection at any time until your order is sent, by changing the number of products, by deleting the selection by means of the button "Delete" or by aborting the ordering process. Please log on with a user name and password if you already have a customer account. Otherwise please register as a new customer. In addition, you have the option of placing an order as a guest without your own customer account. Your data is collected in compliance with the data protection regulations, processed and used. It is not used for other purposes or transmitted to third parties. After entering your customer and invoice information please enter the desired method of payment and mode of shipment. Now check the selected mode of shipment. Please read the General Terms and Conditions of Business and the instructions on the right of withdrawal very carefully. You can only proceed with the order if you agree to the GTCB and the instructions on the right of withdrawal (set a checkmark). By clicking on the button "Order with costs" you transmit your order to us. You submit herewith a legally binding offer.

2. Storage of the text of the contract after it has been concluded and accessibility for the customer
The text of the contract and your order data are stored by the Seller. After the order placed by you has been concluded, you receive order confirmation together with an overview of all data related to your order. In addition, it is possible to print out the text of the contract using the print functions of the browser. You will also find your order data again separately in the email sent to you. In addition, the Seller will send the Buyer the provisions of the contract by email at any time on request.

3. Ability to correct input errors
Before placing the order you can correct your input at any time. On the one hand, this can be done using the "Back" button or the "Back" arrow of your Web browser. You can make corrections directly in the existing input fields on the individual offer pages. You can also up-date products or delete individual products within the framework of the virtual shopping cart. All these correction options are available up to and including submission of the binding offer via the button "Commit to buy ".

4. Contractual language
The contractual language shall be German solely.

5. Codes of conduct
The Seller is not subject to any relevant codes of conduct.

6. Order confirmation
After the customer has sent the offer he receives a confirmation email.

7. Complaints and warranties
Complaints and warranty claims in particular are to be addressed to the Seller.

8. Essential characteristics of the goods
For the essential characteristics of the goods, refer to the article description. This also applies to the period of validity of any limited offers.

9. Obligation to provide information relating to digital contents under art. 246a, paragraph 1, no. 14, 15 of the Introductory Statute to the German Civil Code
For any existing technical protective measures, limitations in interoperability or compatibility and the functionality of the contents, refer to the article description in each case.

§ 9 Data Protection Notice

a)
For the protection of your personal data, its collection, storage, changing, transmission, blocking, deletion and use is carried out in compliance with the applicable data protection regulations.

b)
The transfer of your personal data to third parties is limited exclusively to service partners participating in the execution of the contract, such as the credit institution commissioned to handle payment matters and the logistics company charged with performing the delivery. In the case where your personal data is transferred to third parties, however, the extent of the transferred data is kept to the minimum necessary.

c)
With the conclusion of the contract you declare that you agree to the processing and use of your personal data (e.g. address) as outlined above. However, you can object to this use of your personal data at any time without incurring costs other than those for transmission according to the basic rates.

d)

Under the Federal Data Protection Act you have the right to receive free information concerning your stored data and, where applicable, a right to have this data corrected, blocked or deleted. We request that you send any related enquires to the address indicated in the provider's contact details. If the personal data concerning your person that is stored with the provider is incorrect, it shall be corrected upon receipt of a corresponding note from you.

e)
Data protection is guaranteed by the Federal Data Protection Act. Use is therefore only permissible if it is allowed under the Federal Data Protection Act or a legal regulation or if the person concerned grants his or her consent.

§ 10 Packaging and Registration with Return System

With respect to the sales packaging that is first filled by us with goods and delivered to private final consumers, our company committed itself to the national return system from 1/1/2009 in order to ensure compliance with our legal obligations under § 6 of the Packaging Ordinance.

§ 11 "Not Suitable for Young Persons" Classification

Deliveries within Germany of film, PC and video games bearing the label "Not suitable for young persons under § 14 of the Youth Protection Act" (or have received no age classification at all) cannot be made to minors. Before dispatching the goods we require a valid copy of your ID document.

§ 12 Obligation to Provide Information under the Battery Act

With respect to the sale of batteries or accumulators or the delivery of devices containing batteries or accumulators, we are required under the Battery Ordinance to point out the following: Batteries must not be discarded with the household waste. As the end user, you are required by law to return used batteries. After use, you can return batteries free of charge at the point of sale or in its immediate vicinity (e.g. at municipal collection points or retailers). You can also return batteries from our product range, in normal quantities, to us by post. Batteries or accumulators containing pollutants are labelled

with the crossed-out wheeled bin symbol. The chemical name of the pollutant is located near the crossed-out wheeled bin symbol. “Cd” stands for cadmium, “Pb” for lead, “Hg” for mercury, “Li” for lithium, “Ni” for nickel, “Mh” for metal hydride and “Zi” for zinc.

§ 13 Law Governing Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment

Since 13 August 2005, manufacturers must take back free of charge all waste electrical equipment placed on the market. Manufacturers must label their electrical and electronic equipment placed on the market after 23 November 2005 with a symbol (crossed-out wheeled bin).

As a dealer we are required by law to inform you herewith that such waste equipment is not to be disposed of as unsorted municipal waste but is to be collected separately and disposed of via the local collection and return system.

In accordance with the Electrical Equipment Act of 23 March 2005, since 25 November 2005 we sell only electrical and electronic equipment from manufacturers who have registered appropriately with the responsible authority and can provide evidence of an insolvency-proof guarantee for the financing of the return and disposal of their electrical equipment. § 14 Final Provision

The contractual relationship between the Seller and the customer as well as the terms of business in each case shall be governed by the laws of the Federal Republic of Germany exclusively.
*: incl. VAT, plus shipping