Onlineshop


Condiciones de Uso Condiciones de Uso
I. General - Area of Applicability

1) These terms and conditions of business of ours apply to all present and future business relations, as well as all information provided in connection herewith in brochures, price lists, advertisements etc., regardless of whether this takes place orally, in writing or an the Internet. We are entitled to change these terms and conditions of business at any time with future effect.

2) Within these terms and conditions of business, individual customers are natura) persons, with whom a business relationship has been entered into, without a commercial or self-employed professional activity being able to be attributed to them.

3) Within these terms and conditions of business, business customers are natura) or legal persons or partnerships with legal status, with whom a business relationship has been entered into, which act in carrying out a commercial or self-employed professional activity.

4) Within the Standard terms and conditions of business, customer includes both individual customers and business customers.

5) Standard terms and conditions of business that differ from, are contrary to, or supplement these, even where this is known, do not form part of the.contract unless their applicability is expressly agreed in writing.


II. Offers, prices, conclusion of contract

1) Our offers are subject to change without notice. The right to technical alterations as well as alterations in shape, colour and/or weight within the framework of what is reasonably acceptable is reserved. Products (in particular third-party products) may be altered by us at any time provided that the products altered do not show any reduced functionality and performance and the alteration can be reasonably accepted by the customer.

2) With the order the customer makes a binding declaration of wanting to acquire the goods or services ordered. We are entitled to accept the offer of contract contained within the order within two weeks of its receipt by us. The declaration of acceptance can be made either in writing or by supplying the goods.

3) If the individual customer makes an order by electronic means we shall confirm the receipt of the order without delay. The confirmation of receipt does not in itself represent a binding acceptance of the order. The confirmation of receipt can, however, be combined with the declaration of accepting the order.

4) The conclusion of the contract takes place subject to the reservation (condition precedent) of delivery that is correct and in good time by our suppliers. This applies only in the event that the non-delivery does not lie within our area of responsibility, in particular in the case of the conclusion of a congruent covering transaction with our supplier. The customer will be informed without delay of the non-availability of the service. A counter-performance already provided will be refunded without delay in this case.

5) If the individual customer has ordered by electronic means, the text of the agreement will be stored by us and sent to the customer an demand by e-mail in addition to the present standard terms and conditions of business.

6) The prices notified by us include, unless otherwise indicated, in addition to the prevailing value added tax at the time of supply, the costs of packing, delivery, insurance and other additional costs. We reserve the right to make a corresponding adjustment of prices, with effect for future transactions, in the event of a change in exchange rates, customs duties, taxes, freight and insurance costs.

7) Delivery times are agreed only approximately, in so far as an explicit assurance of a fixed appointment is not made. The place of delivery is the place indicated in the confirmation of the order.


III. Right of cancellation and right to return the goods in the case of distance sales aqreements

1) The individual customer has the right to cancel his declaration of intent made with the conclusion of the agreement within two weeks of receipt of the goods. The notice of cancellation does not require a reason and is to be made in writing or by sending back the goods to the vendor; sending back the goods within the legal time limit is sufficient for observance of the deadline.

2) The individual customer is obliged in exercising the right of cancellation to return the goods, if they can be sent by letter, packet or parcel. In exercising the right to cancellation the individual customer bears the cost of returning the goods when the order value is up to EUR 40.00, unless the goods supplied do not correspond to

the goods ordered. When the order value is over EUR 40.00, the individual customer does not have to bear the costs of return.

3) The individual customer must provide a replacement in value for a deterioration of the goods caused by initial Operation according to the conditions. The individual customer should check the goods carefully. The individual customer must bear the cost of the loss in value caused by use going beyond mere checking that Ieads to the goods no longer being able to be sold as "new".

4) No right of cancellation in the case of distance sales contracts exists in the Gase of:

a) supply of goods that are produced or assembled according to the customers specifications or are definitely tailored to personal needs or an the basis of their quality are not suitable to be returned or have exceeded their expiry date;

b) supply of audio or video recordings, DVDs or software, if the individual customer has removed the seals from the data carriers supplied;

c) supply of newspapers, periodicals and magazines. IV. Payment

1) The price offered by us is binding for 14 days from being issued. The legal rate of value added tax is not included in the purchase price. In the case of sale by delivery the purchase price additionally includes a dispatch fat-rate cost of EUR 4,50. The customer does not incur any additional costs by ordering through the use of means of remote communication. The customer can pay the purchase price by cash an delivery, payment in advance or credit card.

2) The individual customer must pay interest of 5% above the base interest rate of the German Central Bank [Deutsche Bundesbank] while in arrears with the Bebt. The business customer must pay interest of 8% above the base interest rate of the German Central Bank [Deutsche Bundesbank] while in arrears with the debt. In the case of the business customer we reserve the right to prove and assert a claim of higher damage caused by default.

3) The customer has a right to offsetting, only when his counter-claims have been legally established or recognised by us in writing. The customer can exercise a right of retention only if the counter-claim is based an the same contractual relationship.

V. Transfer of risk

1) lf the purchaser is a business customer, the risk of accidental perishing or loss and deterioration of the goods takes place with the handing-over; in the case of dispatch, with the supply of the item to the delivery company, freight carrier, or to the person or institution otherwise specified for the dispatch to the purchaser.

2) It is equivalent to a transfer of risk, if the purchaser delays accepting the item. Vl. Guarantee

1) If the purchaser is a business customer, we first of all provide a guarantee for defects of the goods through subsequent improvement or supply of a replacement at our choice.

2) lf the purchaser is an individual customer, he first of all has the choice whether the subsequent performance of service is to take place through subsequent improvement or supply of a replacement. We are, however, entitled to refuse the type of subsequent performance of service chosen, if it is possible only with disproportionate costs and the other choice of subsequent performance of service is without substantial disadvantages for the individual customer.

3) If the subsequent performance of service fails, the customer can in principle demand according to his choice a reduction of payment or withdrawal from the contract. In the case of a breach of the contract that is only minor, in particular for only minor defects, the customer is, however, not entitled to a right of withdrawal.

4) Business customers must notify us in writing within a limit of two weeks from receipt of the goods of obvious defects; otherwise the assertion of a claim under the guarantee is excluded. For complying with the deadline the dispatch within the correct time limit suffices for notification of the defects. The whole burden of proof for all conditions of the claim, in particular for the defect itself, for the time of establishing the defect and the notification of complaint about defects within the correct time limit, is borne by the business customer. Individual customers must provide written information concerning obvious defects within a time-limit of two months from the date an which the state of the goods being contrary to the contract was established. The date of the receipt of the information by us defines whether the deadline
has been met. If the individual customer fails to supply this information, the rights under the guarantee expire two months after the customer has established the defect. This does not apply in the event of malicious intent an the part of the vendor. The individual customer bears the burden of proof for the date of establishing the defect. If the individual customer was induced to buy the item by inappropriate statements of the manufacturer, he bears the burden of proof for his decision to buy. In the case of used goods the individual customer bears the burden of proof for the defectiveness of the object. The provisions in accordance with §§ 373 HGB [Handelsgesetzbuch - the German Commercial Code] are not affected by these regulations.

5) If the customer chooses to withdraw from the contract because of a legal or material defect after a failed attempt at
subsequent performance of service, he is not additionally entitled to a claim for compensation because of the defect.

6) If the customer chooses compensation after a failed attempt at subsequent performance of service, the goods remain with the customer if this is acceptable to him. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have caused the breach of the contract with malicious intent.

7) For business customers the period of guarantee is one year from the delivery of the goods. For individual customers the period of guarantee is two years from the delivery of goods. In the case of used items the period of expiry is one year from the supply of the goods. This does not apply if the customer has not notified us in good time of the defect (paragraph 4 of this provision).

8) If the purchaser is a business customer, only the manufacturers description of the product counts in principle as the quality of the goods. The manufacturers public statements, sales talk or advertising do not additionally represent information in accordance with the contract about the quality of the goods.

9) If the customer receives defective installation instructions, we are merely obliged to supply Installation instructions that are not defective, and even these only if the defect in the installation instructions is an obstacle to the correct installation.

10) The customer does not receive guarantees within the terms of the law through us. Manufacturers guarantees are not affected by this.

11) We do not have to take responsibility for tlie non-fulfilment of contractual duties in so far as the non-fulfilment is based an an obstacle lying outside our area of performance (e.g. non-supply of delivery components, natural disasters, measures by the authorities). Agreed deadlines for performance of service are considered to be correspondingly extended. If the reason for the obstacle lasts longer than three months, each party is entitled to terminate the contract without complying with a period of notice. Claims that go further are excluded.


VII. Restrictions of liabilitv

1) In the event of minor negligent breaches of duty our liability is restricted to the foreseeable, contractually typical, immediate average damage according to the type of goods or services. This also applies to minor negligent breaches of duty of our legal representatives or auxiliary workers for which we have liability. Our liability is excluded in so far as the damage that arose could have been prevented by the customers taking reasonable measures to reduce the damage, e.g. by regular backing-up of data or installation in the Operation of the equipment.

2) We are not liable to business customers in the event of minor negligent breaches of inessential contractual duties.

3) The preceding restrictions of liability do not affect claims of the customer arising from product liability. Furthermore, the restrictions of liability do not apply in the event of damage to body or health attributable to us or in the event of the loss of life of the customer.

4) The customers claims for compensation because of a defect expire one year after the delivery of the goods. This does not apply if we can be accused of gross negligence as well as in the event of damage to body or health attributable to us or in the event of the loss of life of the customer.


VIII. Software
For software supplied by us the conditions of the respective licence agreement apply. These are enclosed with the respective product. The customer expressly declares his acceptance of these.

IX. Batteries

The following applies to all batteries containing harmful materials and other batteries of our sales programme:
We take back free of charge used batteries and utilize these in accordance with the regulations of the law an recycling and waste, or as applicable we dispose of non-usable batteries that are sent to us prepaid. This obligation to take back is restricted to batteries of the kind that we carry or have carried in our range as well as to the quantity of which end users usually dispose. As the person who is using batteries or equipment with in-built batteries, you are obliged to return batteries that are refuse to us or to reception facilities of public waste disposal authorities. The harmful substances in these batteries are indicated as follows: PB = lead, CD = cadmium, HG = mercury.


X. Final provisions

1) The law of the Federal Republic of Germany applies. The provisions of the United Nations Convention an Contracts for the International Sale of Goods do not apply. The customer is solely responsible for complying with existing export control regulations.

2) The Information about you is subject to electronic data processing within the framework of the processing of business relationship. We shall respect provisions of the data protection law in the use of personally related information.

3) Legal consumer protection laws are not affected by these standards terms and conditions of business, in particular the rights and the conditions of the distance sales law.

4) lf the customer is a businessman, legal person in public law or a public special fund, the exclusive court of jurisdiction for all disputes arising from this contract is Augsburg. This also applies if the customer does not have a general court of jurisdiction in Germany, or his legal place of residence or usual place of stay at the time of making the claim are not known.

5) lf individual provisions of the contract with the customer including these standard conditions and terms of business should be or become partly or wholly legally invalid, the validity of the remaining provisions will not be affected by this. The partially or wholly legaily invalid regulation is to be replaced by a regulation that comes as close as possible to the commercial result of the legaily invalid regulation.

Según esto el mandante/el comprador declara haber comprendido el contenido de las condiciones
generales de venta precedentes en idioma alemán o inglés.

Avec cela la donneur d`ordre/l`acheteur déclare qu`il a compris le contenu des conditions générales
de vente prédédentes en langue allemande ou anglaise.

L`ordinante/acquirente con la presente assicura di aver compreso il contenuto delle
Condizioni Generali sopra redatte rispettivamente in lingua tedesca ed inglese.

O comprador/cliente assegura expressamente que entendeu o conteúdo - na língua alemã
ou inglesa - das Condições gerais de contrato acima.

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