Web Shop GTC
Contractual terms and conditions within purchase agreements that are concluded through the platform between Hilscher Gesellschaft für Systemautomation mbH - hereinafter referred to as “Supplier” - and the customer referred to in Section 2 of this Agreement - hereinafter referred to as “Customer” -
§ 1 Scope, Definitions
(1) For the business relationship between the web shop supplier and the customer, the following General Terms and Conditions shall apply exclusively as amended at the time the order is placed. No other of the buyer’s terms and conditions shall be recognized, unless the Supplier has expressly consented to the application thereof in writing.
(2) The Customer is a consumer unless the purpose of the supplies and services ordered can be attributed to its commercial or self-employed professional activity. By contrast, the Entrepreneur is any natural or legal entity or a partnership with legal capacity, which at the time the Contract is entered into, is exercising its commercial or self-employed professional activity.
§ 2 Conclusion of the Contract
(1) The Customer may choose products from the Supplier’s range of products and collect them in a “shopping cart” by clicking on the “Add to basket” button. By clicking on the “buy now” button, the Customer submits a binding order to purchase the goods in the shopping cart. The Customer may view and edit the data at any time before the order has shipped. However, the order may only be submitted and transferred if the Customer accepts the contractual terms and conditions by clicking on the “Accept GTC” button and has in doing so assumed them in its order.
(2) The Supplier shall then send the Customer an automated confirmation of receipt via e-mail that shall again list the Customer’s order and that the Customer can print out by clicking on the “Print” function. The automated confirmation of receipt only documents that the Supplier has received the Customer’s order and does not constitute an acceptance of the order. The Contract shall only take effect once the Supplier has submitted a Declaration of Acceptance, which is sent in a separate e-mail.
§ 3 Delivery, Availability of Goods
(1) If the product selected by the Customer is not available at the time the order is placed, the Supplier shall inform the Customer in an order acknowledgment accordingly. If the product is permanently no longer available, the Supplier shall refrain from sending a Declaration of Acceptance. In this case, no Contract shall come into effect.
(2) If the product designated by the Customer in the order is temporarily unavailable, the Supplier shall also notify the Customer accordingly in the order acknowledgment. In the event of a delivery delay exceeding two weeks, the Customer shall have the right to cancel the order. Moreover, on its part the Supplier shall in this case also have the right to rescind from the Contract. If rescinded, any payments already made by the Customer shall be reimbursed immediately.
§ 4 Retention of Title
The delivered goods shall remain property of the Supplier until payment has been made in full.
§ 5 Prices and Shipping Costs
(1) All prices listed on the Supplier’s website include the applicable legal sales tax.
(2) The Customer shall be informed of the relevant shipping costs on the order form and such costs must be borne by the Customer.
(3) The goods shall be shipped by postal service. If the Customer would like the shipment to be insured, the Customer must notify the Supplier after purchasing the goods. Any additional costs incurred as a result must be indicated in the order form and shall be borne by the Customer.
§ 6 Payment Terms
(1) The Customer may pay for the order via Payment in advance.
(2) The Customer may modify the payment type stored in its user account at any time.
(3) Payment of the purchase price is payable immediately upon conclusion of the Contract. If the payment due date is determined based on the calendar, the Customer shall be in default as soon as this due date has been missed. In this case, the Customer must pay the Supplier default interest in the amount of 5 percentage points above the prime rate.
(4) The Customer’s obligation to pay default interest shall not exclude the right to assert additional default damage claims.
§ 7 Guarantee Against Material Defects, Warranty
(1) The Supplier shall be liable for material defects based on the legally applicable regulations in this respect, in particular according to Sections 434 ff. BGB [German Civil Code]. Vis-a-vis entrepreneurs, the warranty obligation shall apply to materials delivered by the Supplier for a period of 12 months.
(2) A warranty for the products delivered by the Supplier shall only be in place if this is expressly defined on the order acknowledgment for the relevant item.
§ 8 Liability
(1) The Customer shall not be entitled to compensation for damages. This shall exclude the Customer’s claims for damages resulting from injury to life, limb or health or rather due to a violation of a fundamental contractual obligation (cardinal obligation). This shall also exclude the Supplier’s liability for other damage resulting from a deliberate or grossly negligent violation of an obligation on the part of the Supplier or one of its legal representatives or vicarious agents. Fundamental contractual obligations shall constitute such that are necessary to achieve the objective of the Contract.
(2) If a fundamental contractual obligation is breached, the Supplier shall only be liable for contract-typical foreseeable damage if such damage was caused by simple negligence, unless such are claims for damages by the Customer based on an injury to life, limb or health.
(3) The limitations as stipulated in paragraphs 1 and 2 shall also apply to the benefit of the Supplier’s legal representatives and vicarious agents if claims are asserted against such persons directly.
(4) The provisions as defined in the German Product Liability Law shall remain unaffected.
§ 9 The Consumer’s Right of Cancellation
If the Customer is a consumer and if he has entered into a Contract with the Supplier using telecommunications media exclusively, in particular by phone, e-mail or fax, or via the Supplier’s website, he shall have the right to cancel the declaration of intent to enter into the Contract without providing reasons within two weeks. The deadline shall begin at the earliest on the day the goods are received if the consumer has already received the cancellation instructions in text format by this time. The cancellation shall be made by submitting a declaration in this regard (decision to withdraw from this contract) by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to the Hilscher Gesellschaft für Systemautomation mbH.
You must return or hand over the goods to us without delay and in any case at the latest within fourteen days of the day on which you inform us about the revocation of this contract. The deadline is respected if you send the goods before the expiry of the 14-day deadline.
In the event of a revocation, you shall bear the direct costs of returning the goods; in the event of a defect/failure, we shall reimburse you these costs.
You shall only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for the examination of the quality, properties and functioning of the goods.
The timely dispatch of the cancellation shall be deemed sufficient for compliance with the deadline. There shall be no right of cancellation for contracts to deliver audio and video recordings or for software, if the consumer has broken the seal on supplied data carriers.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
§ 10 Notes on Data Processing
(1) The Supplier shall collect customer data when processing contracts. Here, the Supplier shall observe the provisions defined in the German Federal Data Protection Act and the German Teleservices Data Protection Act. Without the consent of the Customer, the Supplier may only collect, process or use the Customer’s basic and usage data if doing so is necessary for processing the contractual relationship and for the utilization and settlement of telecommunication services.
(2) The Supplier shall only collect Customer data for the purpose of advertising, marketing or market research with the Customer’s consent.
(4) To delete the data, the Customer has to contact the Supplier by message, e-mail or phone.
§ 11 Final Provisions
(1) The laws of the Federal Republic of Germany shall apply to all contracts between the Supplier and the Customer to the exclusion of the United Nations Convention on the International Sale of Goods (CISG).
(2) If the Customer is a business, a legal entity under public law or a special fund under public law, the competent court for all disputes arising from the contractual relationship between the Customer and the Supplier shall be the Supplier’s registered office.
(3) If individual provisions of the Contract are legally invalid, the Contract shall remain binding otherwise.