Conditions

Terms and Conditions 

THE ENGLISH TEXT BELOW IS INTENDED AS A SERVICE TO OUR NON-GERMAN SPEAKING CLIENTELE. EVERY EFFORT WAS MADE TO ACCURATELY CONVEY THE MEANING OF THE PROVISIONS SET FORTH IN THE ORIGINAL GERMAN TERMS AND CONDITIONS AGREEMENT. HOWEVER, FOR ALL RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT AS WELL AS ANY AMBIGUITIES, QUESTIONS OF DOUBT OR INTERPRETATION THAT MIGHT OCCUR, THE GERMAN TERMS AND CONDITIONS TEXT ALONE IS LEGALLY BINDING! 

1 Area of Application 

1.1 These following terms of business by Holger Gottstein & Markus Becker BGB (hereafter "vender"), are valid for all contracts which the customer enters into with the vender on the vender's on-line shop. Hereby is the inclusion by his own conditions by the customer not accepted, unless, otherwise specified by the vender.

1.2 Customers are for the purposes of the figure 1 consumers as well as enterprises. A consumer is every natural person who closes a legal deal for a purpose which can not attribute to his commercial nor his independent professional activity. In contrast an enterprise is every natural or legal entity or incorporated partnership which undertakes legal transaction in exercise of his independent professional or commercial activity.

2 Contract formation

2.1 The product line seen on the venders on-line shop serve as representations for products available for bidding by the customer. All bids are legally binding obligations. 

2.2 The customer can submit his offer in writing, by fax, by email or by using the integrated on-line order form found on the vender's on-line shop. By entering his personal data and clicking the “Order now” button as the end of the on-line order form, the customer hereby enters into a legally binding contract with the vender in which he is obligated to the payment of all products currently found in his shopping cart. Before beginning the binding order of a product, all data entries can be corrected at any point prior to clicking the „Order now“ button with help of the standard keyboard and mouse functions. In addition, all entries are displayed before the completion of the binding order once more in a confirmation window and can also be corrected there by means of the standard keyboard and mouse functions.  

2.3 The vender will promptly confirm the receipt of customer's order via electronic communication (fax or e-mail). The vender can accept the offer of the customer by a written (letter) or electronically transmitted (fax or e-mail) confirmation of order or by delivery of the product within five days. The vender reserves the right to reject the acceptance of the order e.g. after the inspection of the customer's credit.

2.4 The order data are stored by the vender and can be accessed by the customer after submitting his order by logging into his password-protected customer account, provided that the customer has opened a customer account in the vender's on-line shop prior to submitting his order. The order data are sent to the customer in text form after he has submitted his order. The same holds true for the provisions of the contract including these general terms of business and consumer information.

2.5 The order processing and formation of the contact between customer and vender takes place by e-mail and the automated order handling. The customer is obligated to ensure that he has entered a valid e-mail address when submitting his order, so that he will be able to receive any emails sent by the vender to him. In particular customers using SPAM filters must be aware that it is possible that emails sent by the vender or by third party commissioned with the handling of the order may be blocked. 

3 Return shippment costs when exercising of the right of cancellation/withdrawal

A customer has a right of cancellation under §312d paragraph 1 sentence 1 German Civil Code. The regular costs of the return are imposed on him, the customer, when exercising his right of the cancellation if the price of the product to be returned does not exceed an amount of 40 euros or in the case of a higher priced product if the customer has not yet produced the compensation for the product at the time of cancellation, unless the delivered product is not consistent with the ordered one. In all other cases the vender bears the costs for the return shipping. 

4 Prices and Payment terms

4.1 The prices quoted by the vender are final prices, i.e. they contain all price components, including the legal German sales tax. If applicable, additional shipping and handling fees will be included separately in the respective product description. Further costs may arise in particular cases like international deliveries, as for example additional taxes and/or fees, such as duties.

4.2 For deliveries within Germany the vender offers the following payment options, unless otherwise specified in the respective product description: 

• Advance payment per money transfer
• Credit card (Visa / Mastercard)
• PAYPAL
• Direct transfer
• Cash on delivery (COD)
• Bank collection (direct debit) - only for retailers

If the shipment of a particular product is available for international delivery, the customer living abroad has the following payment options, unless otherwise specified in the product description:  

• Advance payment per money transfer
• Credit card (Visa / Mastercard)
• PAYPAL
• Direct transfer
• Cash on delivery (available only in Austria, Belgium, Holland & Luxembourg)

4.3 In the case of advanced payment, the payment is due in full immediately after conclusion of a contract.  

4.4 By choosing of the payment option bank collection (direct debit) and by entering his, the customer's. bank connection information the vender is given revocable authorization to withdraw the invoice amount from the provided customer account. Additionally, the vender is thereby authorized to pass the customer's provided information on to the Domnowski Inkasso GmbH for the purpose of a credit investigation. The vender reserves the right to refuse a customer the option to pay per option bank collection (direct debit) dependent upon the result of the customer's credit investigation. In the case that the debt is dishonored due to the lack of sufficient funds in the provided account or if the customer provides the incorrect bank information or if the customer controverts the withdrawal by the vender, although he is not entitled to, then the customer will be made responsible for any fees that may occur from the respective financial institute, i.e. so long as the customer is at fault. 

4.5 The customer is entitled to the compensation only if the counterclaim is indisputably and legally ascertained or is approved by the vender. 

4.6 The customer can exercise the right of retention of goods only as long as it concerns the demands from the same contractual relationship.

5 Terms of shipping and delivery as well as the passing of risk 

5.1 The delivery of goods occurs along the standard dispatch route and to the customer's provided shipping address. During the handling of a transaction, the provided shipping address is the only applicable address for the vender. 

5.2 If a delivery to the customer is not possible, the commissioned transportation company will return the product to the vender. The customer is responsible for the costs of the unsuccessful delivery, unless the customer is not at fault for this occurrence. 

5.3 As a basic principle the risk of the accidental loss and the accidental damage to the sold product is transferred upon the delivery of the product to the customer or the person authorized to receive the product. If the customer is an enterprise (which acts in exercise of his commercial or independent professional activity; §14 Civil Code), the risk of the accidental loss and the accidental damage is transferred in the case of the delivery of mail-order products from the place of business of the vender to the appropriate delivery person.

5.4 All agreed terms of delivery are valid for an enterpriser subject to correct and punctual delivery of required materials in the cases in which the vender has a concrete hedging transaction and is not at fault for lack of stock.  

6 Right of ownership 

All delivered product from the vender remains property of the vender until the vender has received full payment for the goods from the customer.

7 Fault liability

      There are legal regulations in the case of a fault of sale items.  Additional points as follows:

7.1 For enterprises

• An essential fault is principally not grounds for a claim
• The vender has the choice of the type compensation.
• If the period of limitation amounts with new goods for defects a year from period of risk transfer.
• Rights and claims within the scope of the liability for defects are principally excluded with used goods
• The period of limitation is not renewed within the scope of the liability for defects if a replacement delivery occurs.

7.2 For consumers the period of limitation for fault claims:

• with new goods two years from delivery of the product to the customer.
• with used goods a year from delivery of the product to the customer.

7.3 For enterprisers the legal periods of limitation for the claim under §478 remain a Civil Code untouched, the same is valid for enterpriser and consumer by a deliberate avoidance of responsibility and cunning concealment of a fault.

7.4 In addition, is valid for enterpriser and consumer that the preceding restrictions of liability in figure 7 and figure 7 do not refer to damage and expenditure claims for damages which the buyer can assert according to the legal regulations because of defects. Figure 8 is valid for these claims.

7.5 If the customer is a businessman i. S.d. §1 HGB, he is required to investigate and test the products according to §377 HGB. If the customer does not fulfill the obligations to register any faults upon delivery, the product is then valid as approved and accepted.

7.6 If the customer is a consumer, he is asked to complain about delivered goods with evident damages in transit to the delivery agent and to inform the vender of this complaint. If the customer does not do so, this has no effects on his legal or contractual fault claims.

7.7 If the subsequent performance has occurred in the way of the replacement delivery, the customer is obliged to send back the first delivered product within 30 days to the vender on his costs. The return of the defective product has to occur according to the legal regulations.

7.8 The cession of the fault claims of the customer is excluded. 

8 Liability 

8.1 The vender is liable in the case of the injury to life, body or health, with intention or an act of gross negligence, in deceitfulness and guarantee promises and if the liability is otherwise imposed according to compelling legal regulations, such as for example under product liability law.  

8.2 For the rest, the vender is directly liable under the following legal argument: 

8.3 Provided that the vender neglects an essential contractual obligation (Cardinal's Obligation) the obligation to indemnify is limited to the foreseeable, typical statistically average damage costs.  

8.4 Provided that the vender neglects an unessential contractual obligation, the obligation to indemnify is limited to the order value.  

9 Information about the ordering of batteries 

9.1 It is the customer's responsibility to dispose of his old batteries according to compulsory legislator (disposal of batteries in the domestic waste is and infringement of the German battery ordinance) – i.e. to bring old batters to a municipal collection place or to a trade-in site. With the exception of starter batteries the disposal of batteries is free at municipal collection places. The batteries which the customer has received from the vender can be returned after use to the vender free of charge. The shipment of used starter batteries is not permitted under the regulation of shipment of hazardous materials.  

9.2 The batteries which contain pollutants are marked with the symbol of a crossed garbage can. Under the garbage can symbol there is the chemical name of the pollutant – i.e."CD" for cadmium. "Pb" stands for lead, "Hg" for mercury. 

9.3 There are special regulations that need to be followed in the sale of starter batteries. They are as follows:  

9.3.1 The vender is obliged according to §6 BattV to charge a security deposit at the rate of 7.50 euros including sales tax to any customer who at the time of the purchase of the new starter battery does not return a used starter battery to the vender.  

9.3.2 The customer receives upon purchase of a starter battery a deposit-voucher. Upon return of the used starter battery to one of the authorized public waste management facilities, the customer must have the disposal confirmed by means of stamp and signature. Afterwards the customer has the possibility to send this confirmation along with his customer number back to the vender in order to redeem his deposit. Alternatively the customer can redeem his deposit by delivering his used starter battery together with the deposit-voucher directly to the vender. (The shipment of used starter batteries to the vender is not permitted under the regulation of shipment of hazardous materials) 

9.4 The customer can find a copy to this information for his referral in the shipping documents of the consignment goods or in the operating instructions from the manufacturer. 

10 Reference to packaging regulations 

In acting in accordance with the packaging ordinance, the vender is in affiliation with the disposal service provider Zentek.  

11 Applicable laws 

11.1 The laws of the Federal Republic of Germany are valid for all parties in privoty of contract under exclusion of the laws governing the international purchase of movable merchandise. The consumer's legal right of choice is valid only so far as his granted protection is not taken away from him by compelling regulations of the laws of the state in which the consumer resides. 

11.2 If the customer is a businessman, a legal entity of the public law-institution or public law special property, is the exclusive court of jurisdiction for all disputes originating from this contract based on the location of the place of business of the vender. The same is effective if the customer has no general legal jurisdiction in Germany or the EU or residence or habitual place of residence is not known at the time of the filing of the complaint. The power to go to the court in another legal jurisdiction remains unchanged by this. 

11.3 The official contract language is German.