§ 1 Basic Regulations
- The following terms and conditions apply to all contracts between Bernd Blazynski, ElektroBen, Hohes Ufer 15, 45721 Haltern am See, Germany (hereinafter called supplier) and the customer, which are concluded via the supplier's www.elektroben.de website. Unless otherwise agreed, any inclusion of the customer's own terms will be rejected.
- In terms of the following regulations, the consumer is any natural person who enters a legal transaction for a purpose that can be neither attributed to his/her commercial nor independent professional activity. An entrepreneur is any natural or legal person or a legal partnership for whom concluding the contract is part of his/her/its professional or commercial activity.
- The contract language is German. The full text of the contract is not stored at the supplier. Before sending the order through the online shopping cart system, the contract data can be printed by using the print function of the browser or can be saved electronically. After receipt of the order by the supplier, the order data, the required remote contract information, as well as the terms and conditions will be sent to the customer by e-mail once again.
When the request is transmitted to the supplier by e.g. phone, e-mail, fax or in writing, the customer receives all the contract data within a binding offer sent via e-mail, which can then be printed or saved electronically.
§ 2 Code of Conduct
- We are subject to the following code of conduct:
- Trusted Shops
URL to the code of conduct: http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html
§ 3 Subject matter of the contract
- The object of this contract is the sale of goods. The details, in particular the essential characteristics of the goods, are available in the description of the item and as additional information on the supplier's website.
§ 4 Conclusion of the contract
- The supplier's internet presentation of the product is non-binding and represents no binding offer to conclude a contract.
- The customer can make a binding purchase offer (order) via the online shopping cart system.
Here, the goods envisaged for purchase are stored in the "shopping cart". Using the appropriate button in the navigation bar, the customer can at any time call the "shopping cart" and make changes. After invoking the "Checkout" page and entering the personal data, payment and shipping terms, the ordering data is once again displayed on the order summary page.
If the "PayPal Express" instant payment system is used by clicking the button integrated in the shop system, the customer will be forwarded to the PayPal login page. After a successful login, the customer will be displayed his/her address and account details stored at PayPal. By using the "Continue" button, the customer is routed back to the order summary page of the supplier’s online shop. Before submitting the order, the customer has the option to double check all the details, to modify them (via the "Back" function of the web browser) or to cancel the purchase.
Once the order is submitted by clicking the "Buy now" button, the customer has now made a binding offer to the supplier.
- The acceptance of the offer (and herewith of the contract) is confirmed either by confirmation in writing (e.g. e-mail), in which the order processing or delivery of goods is confirmed to the customer, or by sending the goods. Should the customer within 5 days receive no order confirmation or notice of shipment or the goods itself, he/she is no longer bound by his/her order. Possible already rendered services will be immediately refunded.
- Purchase or individual quotation requests outside the online shopping cart system, provided e.g. by phone, e-mail, letter, fax or in writing, are not binding for the customer. For this purpose, the supplier provides an offer in writing (e.g. by e-mail), which the customer can accept within 5 days.
- The order processing and delivery of all required information concerning the contract is partially conducted by automated e-mail.
The customer must therefore ensure that the e-mail address provided is correct, the receiving of e-mails technically ensured and, in particular, not prevented by a SPAM filter.
§ 5 Prices, shipping costs
- Prices indicated in the offer are final. They include all price components including all applicable taxes.
- The shipping costs are not included in the purchase price. They are available on the "Payment & Shipping" page. They are indicated separately during the ordering process and are payable by the customer in addition, unless free shipping is confirmed.
- The customer receives an invoice that includes VAT.
§ 6 Payment and shipping conditions
- Payment and shipping conditions are available by using the same button on the navigation bar.
- Unless otherwise specified, the payment obligations from the contract are payable immediately.
- If, contrary to expectations and despite timely completion of an adequate supplier's transaction, the product ordered is not available, the customer will be informed immediately about its unavailability and, in case of cancellation, payments already made will be refunded immediately.
- It is regulated by law, that the risk of an accidental loss and accidental deterioration of the goods during the shipment first passes to the customer at the moment of delivery, regardless of whether the shipment is insured or uninsured.
For entrepreneurs, the delivery of goods will be carried out at their own risk.
§ 7 Return costs when exercising the right of withdrawal
- In the event of the exercise of the legal consumer's right of withdrawal for distance contracts, it is agreed that the customer bears the cost of return if the price of the goods is not exceeding the amount of EUR 40.00, or if, at a higher price, the customer has either not accomplished the return service or not yet paid the contractually agreed partial payment at the time of the withdrawal, except when the goods delivered do not match the ordered goods. In all other cases, it is the supplier who bears the return costs.
§ 8 Right of retention, reservation of ownership
- The customer may only exercise the right of retention when his/her claims concern the same contractual relationship.
- Until the full purchase price payment is completed, the goods remain in the ownership of the supplier.
- For entrepreneurs, the following applies in addition:
- The supplier retains title to the goods until full payment of all claims from the current business relationship. A pledge or security transfer of title is not permitted before the ownership transfer of the goods.
- The customer may resell the goods within the ordinary course of business. In this case, he/she now assigns all claims in the amount of the invoice, which arise to him/her from the resale, to the supplier accepting the assignment. The customer is further entitled to collect the debt. Insofar as he/she fails to meet his/her payment obligations, the supplier reserves, however, his/her right to collect the claim by himself/herself.
- In the case of combining and mixing the reserved goods, the supplier obtains ownership on the new item in the proportion of the reserved goods' invoice value to the other processed items at the time of processing.
- On request of the customer, the supplier is obliged to release the securities he/she is entitled to as far as the realizable value of the provider's collateral exceeds the secured claims by more than 10%. The selection of the securities to be released is the responsibility of the supplier.
§ 9 Warranty
- Legal provisions are applied.
- As a consumer, the customer is asked to inspect the goods immediately upon delivery for completeness, obvious defects and damage and to report his/her observations to the supplier and the shipper as soon as possible. If the customer is unable to proceed this way, this does not affect the statutory warranty claims.
- If the customer is a business, then notwithstanding paragraph 1:
- It is agreed that only the supplier's own information and the manufacturer's product description are valid as properties of the goods, but no further manufacturer's advertising, promotion and public statements.
- The customer is obliged to inspect the goods promptly and to report to the supplier in writing with due attention to the quality and quantity variances, as well as obvious deficiencies within 7 days from receipt of the goods, the sending within the deadline being sufficient. This, from their detection, also applies to hidden defects discovered later. In the case of the violation of the Investigation and Claim Obligation, the assertion of warranty claims is excluded.
- In case of deficiencies, the supplier has an option to repair or to substitute. If the repair fails twice, the customer may demand either a reduction in price or may withdraw from the contract. In case of repair, the supplier is not obliged to bear the increased costs incurred by the shipment of the goods to a remote place other than the place where the product is intended to be used.
- The warranty period is one year from the date of delivery. The shortened warranty period does not apply to the damages attributable to the supplier's culpability, resulting from injury to life, limb or health and to the grossly negligent or intentionally caused damage or fraud of the supplier, as well as recourse pursuant to §§ 478, 479 of the Civil Code.
§ 10 Liability
- The provider is liable in each case without limitation for any damage resulting from injury to life, limb or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, when guaranteed for the quality of the purchased goods, in the case of damage under the Product Liability Act and in all other cases established by law.
- Unless fundamental contractual obligations are concerned, the providers liability is in the case of ordinary negligence limited to the typical, foreseeable damage. Fundamental contractual obligations are essential obligations arising from the nature of the contract, the breach of which would compromise the achievement of its purposes and would compromise the duties that the contract imposes on the supplier to its content for the purpose of the contract, without which its proper execution would not be possible and on which the customer can regularly rely.
- For the breach of insignificant contractual obligations, and liability for slight negligence is excluded.
- Data communication via the internet, cannot be guaranteed error free and/or available at all times considering the current state of the art. The supplier is insofar liable neither for the continuous nor uninterrupted availability of the Website and the service offered there.
§ 11 Applicable law, place of performance and jurisdiction
- German law applies to the exclusion of the CISG. For consumers, this choice of law can only be applied, provided such action afforded by mandatory provisions of the law of the country of habitual residence of the consumer protection is not withdrawn (favourableness principle).
- The place for the performance of all the services from the existing business relationships with the supplier, as well as jurisdiction, is the head office of the supplier, as far as the customer is not a consumer, but a merchant, a legal entity under public law or is a public special asset. The same applies if the customer has no general jurisdiction in Germany or in the EU or his/her domicile or habitual residence is not known at the time of the action. This does not affect the power to turn to a court of another jurisdiction.
State of: August 2012