AGB
Conditions
Terms and Conditions (GTC)
GENERAL TERMS AND CONDITIONS (ONLINE SHOP/Direct purchase)
§ 1 Scope and provider
(1) These general terms and conditions apply to all orders that you place in www.torundantriebstechnik-shop.de or via one of our following domain addresses with/without “www” designation www.kraftmessene-shop.de, www.kraftmessgeraete-shop.de, www.kraftmessene-shop.online, www.messmitteltechnik.de, www.schlusskraftinstrumente-shop.de, www.schlusskraftmessgeraete-shop.de, www.schlusskraftinstrumente.de, or our connected platforms such as Amazon, e-Bay, Real or similar. ä.. as an offer from the testing and measuring technology SV S. Bitzer, Knusthöhe 14, 42897 Remscheid.
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18 and are pursuing a commercial activity within the scope of the door inspections according to UVV, ASR1.7 (fitters and specialist companies in the door industry).
By submitting your order, you confirm that you are placing your order as an entrepreneur and not as a consumer within the meaning of Section 13 of the German Civil Code. The offers of this web shop are aimed exclusively at commercial users.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already contradicted.
(4) Contract language is exclusively German.
(5) You can view, call up and print out the currently valid General Terms and Conditions on the shop page.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the ["Order now"/"buy"] button, you submit a binding purchase offer (§ 145 BGB). You can check the order again immediately before submitting this order and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent acceptance of your purchase offer. A contract is not yet concluded through the confirmation of receipt.
(4) A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you - without a prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages are net, plus statutory VAT and plus the respective shipping costs. Further information on the shipping costs can be found on the respective shop page.
§ 4 Terms of Payment/Default
(1) Payment can be made either by: invoice in advance, cash on delivery, credit card, PayPal or direct debit or the payment method shown in the shop and ordering process.
(2) We are responsible for selecting the available payment methods. In particular, we reserve the right to only offer you selected payment methods for payment, for example only prepayment to protect our credit risk, registered specialist trade partners receive delivery against an open invoice.
(3) If you select the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days of receipt of the order confirmation.
(4) When paying by cash on delivery, an additional fee of EUR 15 will be charged, which the delivery agent will charge on site. There are no additional costs or taxes.
(5) When paying by credit card, the purchase price will be reserved on your credit card at the time the order is placed (authorization). Your credit card account is actually debited when we send the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(7) When paying by direct debit, you may have to bear any costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrect bank details transmitted by you.
(8) If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter that is sent to you after the delay has occurred, unless lower or higher damage can be proven in individual cases. § 5 Set-off / Right of retention (1) One right You are only entitled to set off if your counterclaim has been legally established, is not disputed or recognized by us or is closely synallagmatic with our claim.
- You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery / retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provide.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we are not obliged to deliver the ordered goods if we have properly ordered the goods on our part, but have not been supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods has passed. You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.-If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.- We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.
We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods has passed. You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.-If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.- We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.
Return conditions for entrepreneurs (B2B)
Are you an entrepreneur and not a consumer within the meaning of Section 13 of the German Civil Code? Then there is the possibility that we will take back goods as a gesture of goodwill under the following conditions. Please ask us about the return beforehand.
Merchandise Return/Restocking Fee
1. Insofar as we voluntarily take back goods from the customer, the following applies: Only goods in proper, salable condition that are not custom-made products or orders can be taken back. Upon return of the goods, the customer will receive a refund in the amount of the value of the goods, less the costs of the return shipment, insofar as this was arranged by us. The refund will not be paid out in cash, but will only be offset against future purchases or orders. We are entitled to set off refund amounts without restriction. Repayment by bank transfer, for example bank or PayPal, requires our consent.
2. After receipt of the return, the goods will be checked to ensure they are in perfect condition, only after inspection and approval will the goods be credited / refunded, any costs incurred for taking back the goods for inspection and cleaning amounting to 10% of the net order value will be deducted / offset .
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
