General Terms and Conditions

§ 1 Scope of application, definitions

(1) For the business relationship between ELCO Industrie Automation GmbH, Benzstraße 7, 71720 Oberstenfeld (hereinafter "Supplier") and the customer (hereinafter "Customer"), the following General Terms and Conditions apply exclusively in the version valid at the time of the order.

(2) Deviating general terms and conditions of the customer are not recognised, unless the provider expressly agrees to their validity in writing.

(3) The customer is a consumer in the sense of § 13 BGB (German Civil Code), insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, is an entrepreneur in accordance with § 14 of the German Civil Code (BGB) any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

(4) The provider currently only sells to customers who are entrepreneurs. Reference is made to para. 3. The customer assures to be an entrepreneur.

 

§ 2 Conclusion of contract

(1) The provider sells in direct and indirect sales. The provider can submit an offer to the customer. Together with the offer, the customer receives the GTC. The customer can accept the offer of the provider by an explicit confirmation. Until acceptance, offers from the provider remain non-binding.

(The contract is concluded when the provider has confirmed the customer's order by sending an order confirmation by e-mail or post. Electronic form and text form are sufficient for the conclusion of the contract. In the event of errors (e.g. typing errors) in the order confirmation, the provider is entitled to correct these immediately.

(2) The following applies to orders via the online shop:

The customer can select products from the provider's range on the website and place them in the shopping basket using a button. By clicking on the button "BUY NOW ", the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time.

The provider then sends the customer a declaration of acceptance. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, GTC, cancellation policy and order confirmation) is sent to the customer on a permanent data carrier (e-mail or paper printout) (contract confirmation).

(3) The customer must ensure that the e-mails sent by the provider can be delivered . In particular, typing errors in the e-mail address given when ordering must be checked and the spam folder of the e-mail inbox must be checked regularly in the time frame of the order .

(4) The contract is concluded in German or English. The text of the contract is stored in compliance with data protection regulations.

 

§ 3 Delivery, availability of goods

(1) The delivery time is stated on the order confirmation and is subject to full payment of the purchase price. Only the expected dispatch date is stated. In cases of force majeure or delivery delays by the manufacturer or suppliers, the delivery time is extended accordingly.

(2) If no copies of the product selected by the customer are 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 unavailable , the provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable , the provider will also inform the customer of this immediately in the order confirmation.

(4) The provider is authorised to refuse delivery to customers in certain countries and regions. In this case, an order confirmation will not be issued.

 

§ 4 Retention of title

(1) Until full payment, the delivered goods remain the property of the provider.

(2) The provider retains ownership of the goods delivered to until full payment of all claims arising from an ongoing business relationship.

(3) The customer is authorised to resell the goods subject to retention of title in the ordinary course of business, provided that he is an entrepreneur and has the written consent of the provider. The customer assigns all resulting claims against third parties to the provider in advance in the amount of the full invoice value. The processing of the goods has no influence on the effectiveness of the assignment. However, the customer remains authorised to collect his claims even after the assignment, without this affecting the provider's authority to collect the claims. The provider shall refrain from collecting the claims as long as no application has been made to open insolvency proceedings and/or the customer fulfils his payment obligations to the provider without deduction and/or does not fall into payment arrears.

 

§ 5 References

The provider is authorised to advertise with the customer's name on its website and in social media appearances, provided the customer is an entrepreneur and no deviating agreement exists. The customer's logo may be used for the purpose of naming as a reference.

 

§ 6 Prices and shipping costs

(1) All prices stated on the website or in offers of the provider are inclusive of the applicable statutory sales tax, unless otherwise stated.

(2) The corresponding shipping and packaging costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of cancellation.

(3) The goods are dispatched by post or forwarding agent. The shipping risk is only borne by the provider if the customer is a consumer.

 

 

 

§ 7 Payment modalities

(1) The customer can make the payment according to the agreement. Without a separate agreement, the payment method specified on the invoice must be used and payment deadline must be observed.

(2) If the due date of the payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case he has to pay the provider interest on arrears for the year in the amount of 5 percentage points above the base interest rate. If the customer is an entrepreneur, the default interest amounts to 9 percentage points above the base interest rate.

(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider. Any return debit note fees are to be reimbursed by the customer.

(4) The customer is only entitled to offset against the provider if his counterclaims have been legally established, are undisputed or have been recognised by the provider . The customer may only exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.

(5) The provider reserves the right to withdraw from the contract if the customer does not pay the agreed purchase price in full after receiving a reminder and the deadline set therein.

 

§ 8 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory regulations, in particular §§ 434ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.

(2) If the customer is an entrepreneur, in order to maintain the customer's claims for defects, defects must be reported to the provider in writing immediately, but at the latest within two weeks of delivery. The defective items are to be kept in the condition in which they are at the time of discovery of the defect ready for inspection by the provider .

(3) Insignificant, reasonable deviations in the dimensions and designs - particularly in the case of repeat orders - do not entitle to make complaints, unless absolute compliance has been expressly agreed. Product illustrations may deviate from the appearance of the delivered products. In particular, there may be changes in the appearance and features of the products following updates to the manufacturer's range. Claims for defects do not exist if the changes are reasonable for the customer.

(4) The customer is requested to inform the deliverer of the goods of any obvious damage (e.g. clearly damaged packaging) if he is a consumer. The rights of the customer according to paragraph 1 remain unaffected.

(5) An additional guarantee only exists for the goods delivered by the provider, if this was expressly stated in the order confirmation for the respective article .

 

§ 9 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, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages, which are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the case of breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence , unless it concerns claims for damages by the customer arising from injury to life, limb or health.

(3) The liability for loss of profit is excluded.

(3) The aforementioned limitations also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them .

(4) The above limitations of liability 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 remain unaffected.

 

§ 10 Data protection

(1) The customer agrees to the storage of personal data within the framework of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the DSGVO. Data will not be passed on to third parties unless this is necessary for the fulfilment of the contract or consent has been given.

(2) Insofar as the customer transmits the data of third parties, the customer assures that he has obtained consent from the third party and indemnifies the provider of against any claims in this regard.

(3) The rights of the customer or the person affected by the data processing arise in particular from the following standards of the GDPR:

-      Article 7 (3) - Right to withdraw consent under data protection law

-  Article 15 - Right of access by the data subject, right to confirmation and provision of a copy of personal data

-      Article 16 - Right to rectification

-      Article 17 - Right to erasure ("right to be forgotten")

-      Article 18 - Right to restriction of processing

-      Article 20 - Right to data portability

-      Article 21 - Right to object

-      Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling

-      Article 77 - Right to lodge a complaint with a supervisory authority

(4) To exercise rights, the customer or data subject is requested to contact the provider by email or in the event of a complaint to the competent supervisory authority.

(5) The provider assures to have taken appropriate technical and organisational measures to ensure the security of personal data and to reduce the risk for the persons concerned.

(6) Reference is made to the provider's privacy policy.

 

§ 11 Final provisions

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding 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 of the country in which the customer as a consumer has his habitual residence, 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 is the registered office of the provider in Oberstenfeld (Baden-Württemberg).

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions, insofar as available. However, if this would constitute an unreasonable hardship for one of the contracting parties , the contract as a whole shall become ineffective.

 

Status: 5 September 2024