General terms and conditions
Contractual conditions within the framework of purchase contracts concluded via the platform elostore GmbH & Co. KG
between
elostore GmbH & Co. KG, Untere Grabenstraße 23, 88299 Leutkirch
- hereinafter: provider -
and
and the customer designated in § 2 of the agreement
- hereinafter: "Customer" -
§ 1 Scope of application, definitions
1
The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the supplier and the customer. Deviating general terms and conditions of the customer shall not be recognized unless the supplier expressly agrees to their validity in writing.
2
The customer is a consumer as far as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity. D.
§ 2 Conclusion of contract
1
The customer can select products from the provider's range, in particular items from the segments of operating elements, machine safety, sensor technology and level measurement, and collect them in a so-called shopping cart via the button "add to shopping cart". By clicking on the button "order subject to payment", the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
2
The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is not concluded until the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection.
3
The contract is concluded in German language.
§ 3 Delivery, availability of goods
1
Delivery times mentioned by us are calculated from the date of our order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account).
2
If the product selected by the customer is not available at the time of the customer's order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. A contract is not concluded in this case.
3
If the product designated by the customer in the order is only temporarily unavailable, the provider shall inform the customer of this immediately in the order confirmation.
4
The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.
§ 4 Reservation of ownership
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
1
All prices in the store are net prices plus the respective statutory value added tax to be paid.
2
Any shipping costs incurred shall be indicated to the customer in the order form and shall be borne by the customer. If the customer is a consumer and makes use of his right of withdrawal, the provider bears the shipping costs. From a goods order value of 50.00€, the provider delivers to the customer free of shipping costs, provided that the delivery address of an order is specified for Germany. All other shipping costs can be viewed at shipping information.
3
The goods are shipped by postal service. The shipping risk is carried by the provider if the customer is a consumer.
4
In the case of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Payment modalities
1
The customer can choose to pay by direct debit, credit card, cash on delivery, PayPal, prepayment or on account. Payment on account is possible for new customers for the first order only up to an order value of 500.00€ and for customers with a positive credit rating.
2
The customer can change the payment method stored in his user account at any time.
3
The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, they have to pay the provider interest on arrears for the year at the rate of 5 percentage points above the prime rate, if the customer is a consumer. If the customer is an entrepreneur, the interest rate is 9 percentage points above the base interest rate.
4
The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty for material defects, guarantee
1
The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
2
An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.
§ 8 Liability
1
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2
In the case of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.
3
The restrictions of paras. 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
4
The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
§ 9 Cancellation policy (consumer)
1
When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider informs them below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) you can find a sample withdrawal form.
Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you have to inform us by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you have used for the original transaction, unless expressly agreed otherwise with you; under no circumstances shall any charges be debited to you for this repayment.
We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You have to return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is observed if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
2
The provider informs about the model withdrawal form according to the legal regulation as follows:
Sample withdrawal form
(If you want to cancel the contract, please fill out and return this form.)
to elostore GmbH & Co. KG, Untere Grabenstraße 23, 88299 Leutkirch, e-mail: (…)
I/we (*) hereby revoke the contract concluded by me/us (*)
concerning the purchase of the following goods (*)/ the provision of the following
service (*)
— ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for notification on paper)
— Date
(*) Delete where inapplicable
§ 10 Right to exchange (entrepreneur)
We also allow our customers in the B2B area on a voluntary basis the possibility to return ordered goods to us. The return period amounts to 30 days. The period begins at the time when the customer or a carrier commissioned by the customer takes possession of the goods. In order to meet the deadline, the goods have to be shipped to us within the deadline. The customer shall bear the costs of returning the goods. The goods need to be unused, undamaged and complete.
§ 11 Final provisions
1
The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular relating to the state in which the customer has their habitual residence as a consumer, shall remain unaffected.
2
If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the registered office of the Provider.
3
The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar this would represent an unreasonable hardship for one of the contracting parties, however, the contract becomes ineffective in its entirety.