General Terms and Conditions
1.General, Customer Base, Language
(1) All quotations, sales contracts, shipments and services due to purchases of our customers via our online shop www.elektro-technik-grote.de (following: the „Webshop“) are subject to the following general terms and conditions. (2) The selection of products shown in our Webshop is offered to both consumers and entrepreneurs, however only end consumers. For the purpose of these general terms and conditions (a) a consumer is every natural person, who makes the contract for a purpose that is neither for a commercial nor a self-employed activity (§13 - Civil Code), (b)an entrepreneur is a natural or a legal person or a company with legal personality, which acts in exercising their commercial or independent professional activity when concluding the contract (§14 sec. 1 – Civil Code).
(3) Customers terms and conditions of business shall not apply, even if we do not specifically object to their application separately.
(4) Contracts with the customer are made exclusively in German language.
2. Conclusion of the Contract
(1) All offers in the Webshop are without obligation.
(2) By placing an order in the Webshop (which requires prior registration and acceptance of these General Terms and Conditions) the customer makes the binding offer to purchase the relevant product. You have to go through the online-order process by entering the required information. The customer is bound to the offer until the end of the third working day after his offer to purchase the product.
(3) We send the customer our confirmation for the receipt of his offer immediately on arrival, which does not imply the acceptance of the offer. The offer shall be regarded as accepted as soon as we declare acceptance to the customer (by eMail) or send the article. The sales contract comes off only with our acceptance of the offer made by the customer
(4) Any customer who is a consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available on our website.
3. Prices and Payment
(1) Our prices include the statutory value added tax, but not transport costs. All types of taxes, tributes, fees, customs duties and the like that are levied in connection with the contract are to be borne by the customer.
(2) Unless expressly agreed otherwise we only deliver following pre-payment to be made in the manner specified in our order form) or cash on delivery, in each case upon receipt of an invoice (which may be sent by e-mail and can be included in our notice of acceptance). Upon the customers request, to be made in the order form, we will deliver the product against payment in our store in 42859 Remscheid, Greulingstraße 33.
(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the customer within 7 days of receipt of invoice and delivery.
(4) The purchaser may only withhold or off-set payments due against counter claims which are either expressly acknowledged by elektro-technik-grote or finally awarded to the purchaser.
4. Shipment of the Products
(1) We will ship the goods at the latest until the date shown in the advertisement valid on the date of ordering (the day of handing over the product to the carrier) , whereby this date is only approximate and therefore can be exceeded by up to two working days. If no date of dispatch is indicated, we shall dispatch the product indicated as being on stock at the latest within five business days (subject to a prior sale permitted pursuant to subsection 2 ) and all other products within three weeks. As far as the determination of the delivery time is concerned the period begins (a) if cash in advance is agreed, on the day of receipt of the complete purchase price (including VAT and shipping costs ) or (b) if payment on receipt of invoice is agreed, on the day of the conclusion of the sales contract. (2) Is the product indicated as being on stock when the customer makes the offer in the Webshop and is delivery agreed against cash in advance, we will keep the product on our stock for a duration of five working days after acceptance of the customers’ offer. If payment is not made during this time, we are entitled to sell the product at any time. In this case shipment within the time of five days will only be made as long as stocks last. Otherwise a period of three weeks from receipt of payment for the shipment will be understood as agreed.
(3) In the event that our supplier fails to deliver in a timely manner any products which were identified on the offer page in the Internet Store (at the time of the order) as “out of stock or were sold out pursuant to subsection 2, the relevant date of dispatch pursuant to subsections 1 and 2 shall be extended until delivery is made by our supplier plus an additional period of two business days, but in no event by a period of more than three weeks. The extension of this deadline shall be subject to the fact that we have re-ordered the products immediately and we are not liable to the delay in delivery by our supplier.
(4) If the products are not available or not available in time due to the reasons mentioned in Sect. 3, the customer will be notified immediately. If the products are not available with our supplier in the foreseeable future, we are entitled to withdraw from the purchase contract. In the case of a withdrawal from purchase contract we will refund any payment that the customer made to us immediately. The legal rights of the customer resulting from late delivery shall not be affected by this provision; provided, however, that the customer may claim damages only subject to the provisions of Section 9 of these General Terms and Conditions.
(5) We are entitled to part shipments of products of one order which are usable separately where we pay the additional shipping costs thereby incurred.
5. Dispatch, Insurance and Transfer of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier, and we are not liable to any delays caused by the carrier. Delivery times stated in the Internet Store shall therefore be non-binding estimates. (3) If the customer is a consumer, the risk of accidental destruction, accidental loss and the accidental deterioration of the goods shall pass to the buyer at the time when the product is supplied to the customer or the customer falls into delay of acceptance. In all other cases that risk shall pass to the customer, at the time of the handing over of the goods to the carrier.
(4) We shall insure the products against the usual risks of transportation at our cost and expense. 6. Reservation of Title
(1) We shall retain full title of the goods that have been delivered until the receipt of the full payment (including VAT and shipment costs) for the relevant goods.
(2) The customer is not entitled to sell the goods under reservation of title without our previous written consent. The customer hereby assigns to us any claims arising from any resale in an amount not exceeding the purchase price payable by the customer to us, plus 20 % . We hereby authorize the customer to collect any claims so assigned to us in the ordinary course of its business, but are entitled to withdraw such authorization at any time in the event of delay of payment by the customer.
(1) In the event of a defect of the delivered product, the customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects; provided, however, that we shall have the right to choose between any such remedies at our discretion if the customer is an entrepreneur. This choice can only be made by way of providing notification in text form (including by fax or e-mail) to the customer within three working days of having been notified about the defect. We may refuse the form of subsequent rectification chosen by the buyer if such performance is possible only with unreasonable expense.
(2) If the subsequent rectification according to Section 7(1) is unsuccessful or inacceptable to the customer or we refuse subsequent rectification, the customer is entitled in accordance with the applicable law to withdraw from the contract, to reduce the purchase price or to demand compensation for damages or compensation for wasted expenses. For claims by the customer for damage compensation the specific provisions in Section 8 of these General Terms and Conditions apply.
(3) The period of guarantee is 2 years starting on the date of delivery, if the customer is a consumer, otherwise twelve months from date of delivery. If the item delivered by us is an used object, the warranty for consumers is 12 months beginning from the date of delivery. For entrepreneurs the warranty for used products is excluded.
(4) The following conditions are applicable only to business persons: The customer shall inspect the goods thoroughly immediately on receipt. The supplied goods are considered to be approved by the customer unless a defect is (a) in the case of obvious defects reported within five business days after delivery or otherwise (b) reported within five business days after discovery of the defect.
(1) Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount of 10 % of the respective contract price (including VAT).
(2) We shall not be liable for defects (regardless of the legal reason) which cannot be expected depending on the type of order and product and during normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The aforementioned limitations of liability shall not apply in the case of intent or gross negligence.
(3) The restrictions of this Section 8 shall not apply to our liability for guaranteed characteristics under the Act of §444 BGB, for damage of life, body injury or damage to the health of a person or the German Product Liability Act.
9. Data Protection
(1) We may save and process any data relating to the customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
(2) We shall have the right to submit personal data relating to the customer to credit agencies, to the extent necessary for a credit check subject, however, to the customer’s consent in each individual case. We shall neither make available any personal data of the customer to other third parties without the customers’ explicit consent, except to the extent that we are required to disclose any data pursuant to applicable law.
(3) We shall not be permitted to collect, submit to any third party or otherwise process personal data of the customer for any purpose other than those set forth in this Sec. 9.
10. Applicable Law and Jurisdiction
(1) The purchase contract between the customer and elektro-technik-grote shall be limited exclusively to German law subject to mandatory international issues under civil law and under the exclusion of the UN Convention on the International Sale of Goods.
(2) In so far as the customer is a merchant in terms of the German Commercial Code (Handelsgesetzbuch), or in so far as the customer is a public corporation or public asset, Remscheid is the exclusive legal venue for all disputes arising out of or in connection with the relevant contractual relationship. In all other cases we or the customer can file a lawsuit before any court responsible on the basis of statutary regulations.