Terms & Conditions
Terms and conditions created by the generator of the German Lawyers Hotline AG
On the basis of these terms and conditions (AGB) comes between the customer and
ELCON Testprobes UG (limited liability)
Represented by Matthias Alram
Address: Heuweg 5 - 86720 Nördlingen Tel: +49 (0) 9081 2504908
Fax: +49 (0) 9081 2504909 E-mail address: firstname.lastname@example.org
Commercial register: Augsburg Commercial register number: HRB 27034 Sales tax identification number: DE283450617
hereinafter referred to as the provider, the contract is concluded.
This contract regulates the sale of new goods and services in the field of test equipment technology for the electrical industry via the provider's online shop. For details of the respective offer, reference is made to the product description on the offer page.
The contract is concluded in electronic business dealings via the shop system or other means of remote communication such as telephone and email. The offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The order process for the conclusion of the contract comprises the following steps in the shop system:
- Selection of the offer in the desired specification (size, color, number)
- Placing the offer in the shopping cart
- press the button 'order'
- Enter the billing and delivery address
- Selection of the payment method
- Review and processing of the order and all entries - Press the button 'order for a fee'
- Confirmation email that the order has been received
In addition to the shop system, orders can also be placed via remote communication (telephone / e-mail), whereby the ordering process for the conclusion of the contract comprises the following steps:
- Call the order hotline / send the order email
- Confirmation email that the order has been received
The contract is concluded when an order confirmation is sent. The automatically generated and sent order confirmation does not constitute a corresponding legally binding declaration. The contract is also concluded when the goods are sent or the service is provided.
The contract is concluded for an indefinite period.
Retention of title
Until full payment, the delivered goods remain the property of the provider.
The provider reserves the right to provide an equivalent in quality and price performance. The performance shown in the shop is exemplary and not the individual, contractual service. The provider reserves the right not to provide in the case of unavailability of the promised service.
Prices, shipping costs, return costs
All prices are final and include the statutory sales tax. In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is sent. If there is a right of withdrawal and this is used, the customer bears the costs of the return.
Terms of payment
The customer has only the following options for payment: advance transfer, invoice on delivery, direct debit, cash on delivery. Further payment methods are not offered and will be rejected.
After receipt of the invoice, which contains all information for the transfer and is sent by email, the invoice amount must be transferred in advance to the account specified there. After receipt of the invoice, which contains all information for the transfer and is sent with the delivery, the invoice amount must be transferred in advance to the account specified there. The invoice amount will be collected by the provider by direct debit on the basis of the direct debit authorization by the customer from his specified account. In the case of cash on delivery, the cash on delivery amount is paid to the deliverer in cash upon delivery, whereby the deliverer charges a cash on delivery fee. The customer is obliged to pay or transfer the amount shown to the account specified on the invoice within 30 days of receipt of the invoice. Payment is due from the invoice date without deduction. After expiry of the payment period, which is thus determined by the calendar, the customer is in default even without a reminder. The customer's right of retention, which is not based on the same contractual relationship, is excluded. Offsetting against the customer's claims is excluded unless these are undisputed or have been legally established.
The goods will be sent immediately after receipt of payment has been confirmed. The dispatch takes place on average after 10 days at the latest. The entrepreneur undertakes to deliver on the 30th day after receipt of the order. The standard delivery time is 10 days, unless otherwise stated in the item description. The provider either sends the order from its own warehouse as soon as the entire order is in stock there, or the order is sent by the manufacturer as soon as the entire order is in stock there. The customer will be informed immediately of any delays. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own supplier, although a corresponding hedging transaction was concluded in good time, the provider has the right to withdraw from a contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be reimbursed.
If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The provider is granted that he can choose between repair or new delivery in the event of a supplementary performance, if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. This does not apply to claims for damages by the customer due to injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or willful breach of duty by the provider or his legal representative or vicarious agent. Otherwise, the statutory provisions apply.
The provider grants the customer a discount of 2% for payments made within 10 days of the invoice being issued. If the customer is an entrepreneur, the risk of accidental loss and / or accidental deterioration of the goods is transferred to the customer when the goods are handed over, or when the goods are dispatched to the selected service provider. The customer has no way of directly accessing the stored text of the contract.
Right of withdrawal and customer service
The rules for distance contracts do not apply to customers who are entrepreneurs. Therefore, these customers do not have a corresponding right of withdrawal due to a distance contract. The provider does not admit this either.
Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises these claims for damages. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Assignment and pledge ban
Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.
Language, jurisdiction and applicable law
The contract is written in German. The further implementation of the contractual relationship takes place in German. It exclusively applies the law of the Federal Republic of Germany. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not a consumer, a legal entity under public law or a special fund under public law is the registered office of the provider.
In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these terms and conditions, the provider collects, stores and processes data. This happens within the framework of the legal regulations. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with processing processing, the provisions of the Federal Data Protection Act are complied with. The data communicated by the customer in the course of the order will only be processed to establish contact within the framework of contract processing and only for the purpose for which the customer made the data available. The data will only be passed on to the shipping company that takes over the delivery of the goods as required. The payment data will be passed on to the credit institute commissioned with the payment. If the provider has retention periods of a commercial or tax nature, the storage of some data can take up to ten years. During the visit to the provider's internet shop, anonymized data, which do not allow any conclusions to be drawn about personal data and also do not intend, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, personal data will be deleted, corrected or blocked in accordance with the statutory provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: ELCON Testprobes UG (limited liability), Matthias Alram, Heuweg 5, 86720 Nördlingen +49 (0) 9081 2504908 info @ testprobes.net.
Severability: The ineffectiveness of a provision of these terms and conditions has no effect on the effectiveness of the other provisions.
TERMS & CONDITIONS
Terms & Conditions