General Terms and Conditions of Elektro-technische Vertriebsgesellschaft mbH

  1. Scope of Application

    The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and businesses.

    A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

    A business entity is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

    With regard to businesses: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

  2. Contracting Party, Conclusion of Contract, Correction Options

    The purchase contract is concluded with Elektro-technische Vertriebsgesellschaft mbH.

    The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after submitting the order.

    We accept your offer within two days by

    • sending a declaration of acceptance in a separate email, or
    • dispatching the goods, or
    • where applicable, processing the payment transaction through our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the selected payment method (see “Payment”).

    The relevant alternative for you depends on which of the listed events occurs first.

  3. Contract Language, Storage of Contract Text

    The language(s) available for the conclusion of the contract: German

    The contract text is not stored by us.

  4. Delivery Conditions

    In addition to the stated product prices, shipping costs will be charged. Further details on the amount of shipping costs can be found in the offers.

    We deliver goods by shipping only. Self-collection of the goods is unfortunately not possible.

  5. Payment

    4Payment processing in our shop is carried out via the payment service provider “Mollie” (Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands).4

    The payment methods available via “Mollie” are displayed during the checkout process. For payment processing, “Mollie” may use additional payment services; if special payment conditions apply, you will be informed accordingly.

    Detailed information about “Mollie” and the available payment methods can be found at https://www.mollie.com/de.

  6. Right of Withdrawal

    Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Businesses are not granted a voluntary right of withdrawal.

  7. Retention of Title

    The goods remain our property until full payment has been made.

    For businesses, the following also applies: We retain ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale in the amount of the invoice value, regardless of whether the goods subject to retention of title are combined or mixed with a new item, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

  8. Transport Damage

    For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to submit a complaint or make contact has no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

    For businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.

  9. Warranty and Guarantees

    Applicability of Statutory Warranty Law

    Unless expressly agreed otherwise below, the statutory warranty law applies.
    The following limitations and reductions of time limits do not apply to claims for damages caused by us, our legal representatives, or vicarious agents

    • in the event of injury to life, body, or health
    • in the event of intentional or grossly negligent breach of duty or fraud
    • in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on whose compliance the contracting partner may regularly rely (cardinal obligations)
    • within the scope of a guarantee promise, if agreed, or
    • where the scope of application of the Product Liability Act applies.

    Limitations for Consumers

    When consumers purchase used goods: if the defect occurs after one year from delivery of the goods, warranty claims are excluded. Defects that occur within one year from delivery of the goods may be asserted within the statutory limitation period of two years from delivery.

    Limitations for Businesses

    With regard to businesses, only our own specifications and the manufacturer's product descriptions that have been included in the contract shall be deemed agreed characteristics of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For businesses, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. The sale of used goods is made with the exclusion of any warranty. The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.

    Provisions for Merchants

    Among merchants, the obligation to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) applies. If you fail to provide the notice regulated therein, the goods shall be deemed approved unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

    Guarantees and Customer Service

    Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.

  10. Liability

    We shall be liable without limitation for claims for damages caused by us, our legal representatives, or vicarious agents

    • in the event of injury to life, body, or health,
    • in the event of intentional or grossly negligent breach of duty,
    • in the event of a guarantee promise, if agreed, or
    • where the scope of application of the Product Liability Act applies.

    In the event of a breach of essential contractual obligations (cardinal obligations) caused by slight negligence on our part, our legal representatives, or vicarious agents, liability shall be limited in amount to the foreseeable damage typical for this type of contract at the time the contract was concluded. Otherwise, claims for damages are excluded.

  11. Final Provisions

    If you are a business, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

    If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.