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General terms and conditions

General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to the contracts you enter into with us as a supplier (Ernst Haible) via the website autolack-tester.de/webshop/ close. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be directed back to the order overview page in our online shop.
Before submitting the order, you have the option of checking and changing all of the information here (also via the
Function "back" of the Internet browser) or cancel the purchase. By sending the order via the button "order for a fee" you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.

(5) The order is processed and all information required in connection with the conclusion of the contract is transmitted partially automated by e-mail. You must therefore ensure that the email address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We retain ownership of the goods until all claims from the current business relationship have been settled in full in front. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

b) You can resell the goods in the ordinary course of business. In this case, you are already making all claims in the amount of the invoice amount that you accrue from the resale to us, we accept the assignment. You are on to the Collection of the claim authorized. If you fail to properly meet your payment obligations, we reserve the right to do so however, before to collect the claim itself.

c) 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.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of ours Collateral exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
 
§ 4 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:

a) Only our own information and the manufacturer's product description apply to the quality of the item as agreed, not however, other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the removal of the defect fails, you can either request a reduction in price or withdraw from the contract. The removal of defects applies after an unsuccessful second Attempt as failed if not something in particular from the nature of the thing or the defect or the other circumstances other results. In the case of repairs, we do not have to bear the increased costs incurred by bringing the goods to you place other than the place of performance, if the shipment does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

– culpably caused damage attributable to us from injury to life, body or health and with other damage caused intentionally or through gross negligence;
– as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
– for things that have been used for a building in accordance with their normal use and their defectiveness have caused;
– In the case of legal recourse claims that you have against us in connection with warranty rights.

§ 5 Choice of law

(1) German law applies. For consumers, this choice of law only applies to the extent that it is subject to mandatory provisions of the law protection granted to the consumer's country of habitual residence is not withdrawn (favourability principle).

(2) The provisions of the UN Sales Convention expressly do not apply.

II. Customer information

1. Identity of the seller

Ernst Haible
Flurweg 15
89134 bluestone
Germany
Phone: 073042020
Email: info@autolack-tester.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at
https://ec.europa.eu/odr.
 
2. Information on the formation of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options take place in accordance with the Regulations "conclusion of the contract" of our general terms and conditions (part I.)

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system the contract data can be printed out or electronically saved using the browser's print function. After receipt of the Ordering from us will include the order data, the information required by law for distance contracts and the general Terms and conditions sent to you again by email.

3.3. For requests for quotations outside of the online shopping cart system, you will receive all contract data as part of a binding Offer sent in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If the delivery takes place in countries outside the European Union, additional costs for which we are not responsible may arise, such as e.g. Duties, taxes, or money transfer fees (bank transfer fees or exchange rate fees) that you may incur are wearing.

5.4. The costs incurred for the money transfer (transfer or exchange rate fees of the credit institutions) are yours in the cases in which the delivery takes place in an EU member state, but the payment was initiated outside the European Union.

5.5. The payment methods available to you are under a correspondingly labeled button on our Internet presence or shown in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediate due for payment.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. As far as you are a consumer it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment insured or uninsured. This does not apply if you independently use a transport company not named by the entrepreneur or have commissioned someone else to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory warranty rights

The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I). These terms and conditions and customer information were created and will be created by the lawyers of the Händlerbund who specialize in IT law permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable to the Case of warnings. You can find more information about this at:
https://www.haendlerbund.de/agb-service.

last update: 23.10.2019