Conditions of Use
§ 1 Scope of application
These terms and conditions of sale shall apply exclusively to entrepreneurs within the meaning of § 310 paragraph 1 BGB (German Civil Code). We shall only recognise any terms and conditions of the purchaser which conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing.
2. these sales conditions are also valid for all future business with the buyer, as far as it concerns legal transactions of related kind. (3) Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, the content of such agreements shall be governed by a written contract or our written confirmation.
. § 2 Offer and conclusion of a contract
1. an order over the Onlineshop www.safety-trucks.de under acceptance of the conditions of delivery and payment (AGB) and the revocation instruction represents a binding offer, whose entrance is accepted by the dispatch of an order confirmation to the email address indicated by the buyer and after payment of the purchase price within a period of 2 weeks. 2 The descriptions of goods and prices held ready by the seller for call-off are non-binding. Should the online shop of Safety Trucks Electronics Company contain spelling or calculation errors, the seller reserves the right to accept the offer. This also applies to price adjustments made in the meantime. 3. in the case of an order by telephone, e-mail, fax or letter, the buyer declares orally or in writing his opinion that he wishes to purchase the seller's named products, which constitutes a binding offer by the buyer to conclude a contract. The Seller may accept such an offer, but is obliged to do so.
§ 3 Documents handed over
We reserve all property rights and copyrights to all documents (also in electronic form) handed over to the buyer in connection with the placing of the order. These documents may not be made accessible to third parties unless we give the purchaser our express written consent. If we do not accept the buyer's offer within the period of § 2, these documents are to be returned to us immediately. § 4 Terms of payment
1. all indicated prices are EURO prices including the valid legal value added tax.
. 2. the payment of the purchase price can take place to the payment possibilities offered in the Onlineshop. These include prepayment, Paypal and the payment options offered via Paypal Plus (credit card, purchase on account, etc.), whereby the payment processing here via Paypal. The deduction of discount is permitted only with written special agreement. The dispatch occurs only after complete payment of the purchase price.
3 Unless otherwise agreed, payment can be made within 14 days of ordering the goods. After expiry of the payment period, the buyer is automatically in default of payment. Interest on arrears shall be charged at a rate of 8% p.a. above the respective base interest rate. The assertion of a higher damage caused by default remains reserved. The invoice will be sent to the email address provided by the buyer. The seller reserves the right to exclude certain types of payment.
Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after conclusion of the contract. The seller is entitled to withdraw from all existing contracts in whole or in part if the buyer does not meet his contractual obligations to pay the purchase price despite due date and reminder.
§ 5 Shipping costs and terms of delivery
1. the flat shipping costs for a delivery within Germany (except islands) are 9,95 €. If you pick up the goods yourself, these costs do not apply. The shipping costs for orders outside Germany depend on the respective shipping zone and usually amount to 20.00 € throughout Europe. For a delivery to Switzerland the flat rate shipping costs are 30,00€. Deviations are possible and will be communicated to the buyer immediately, e.g. with acceptance of large quantities. The delivery time is usually 7-14 working days after receipt of payment. This can deviate with special productions, like the individual configuration of individual products.
3. the seller is entitled to partial deliveries, as far as this is reasonable for the buyer.
§ 4 Terms of payment
1. all indicated prices are EURO prices including the valid legal value added tax.
. 2. the payment of the purchase price can take place to the payment possibilities offered in the Onlineshop. These include prepayment, Paypal and the payment options offered via Paypal Plus (credit card, purchase on account, etc.), whereby the payment processing here via Paypal. The deduction of discount is permitted only with written special agreement. The dispatch occurs only after complete payment of the purchase price.
3 Unless otherwise agreed, payment can be made within 14 days of ordering the goods. After expiry of the payment period, the buyer is automatically in default of payment. Interest on arrears shall be charged at a rate of 8% p.a. above the respective base interest rate. The assertion of a higher damage caused by default remains reserved. The invoice will be sent to the email address provided by the buyer. The seller reserves the right to exclude certain types of payment.
Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after conclusion of the contract. The seller is entitled to withdraw from all existing contracts in whole or in part if the buyer does not meet his contractual obligations to pay the purchase price despite due date and reminder.
§ 5 Shipping costs and terms of delivery
1. the flat shipping costs for a delivery within Germany (except islands) are 9,95 €. If you pick up the goods yourself, these costs do not apply. The shipping costs for orders outside Germany depend on the respective shipping zone and usually amount to 20.00 € throughout Europe. For a delivery to Switzerland the flat rate shipping costs are 30,00€. Deviations are possible and will be communicated to the buyer immediately, e.g. with acceptance of large quantities. The delivery time is usually 7-14 working days after receipt of payment. This can deviate with special productions, like the individual configuration of individual products.
3. the seller is entitled to partial deliveries, as far as this is reasonable for the buyer.
4 The seller does not assume any procurement risk. The seller is only obliged to deliver goods from his stock.
These terms and conditions of sale shall apply exclusively to entrepreneurs within the meaning of § 310 paragraph 1 BGB (German Civil Code). We shall only recognise any terms and conditions of the purchaser which conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing.
2. these sales conditions are also valid for all future business with the buyer, as far as it concerns legal transactions of related kind. (3) Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, the content of such agreements shall be governed by a written contract or our written confirmation.
. § 2 Offer and conclusion of a contract
1. an order over the Onlineshop www.safety-trucks.de under acceptance of the conditions of delivery and payment (AGB) and the revocation instruction represents a binding offer, whose entrance is accepted by the dispatch of an order confirmation to the email address indicated by the buyer and after payment of the purchase price within a period of 2 weeks. 2 The descriptions of goods and prices held ready by the seller for call-off are non-binding. Should the online shop of Safety Trucks Electronics Company contain spelling or calculation errors, the seller reserves the right to accept the offer. This also applies to price adjustments made in the meantime. 3. in the case of an order by telephone, e-mail, fax or letter, the buyer declares orally or in writing his opinion that he wishes to purchase the seller's named products, which constitutes a binding offer by the buyer to conclude a contract. The Seller may accept such an offer, but is obliged to do so.
§ 3 Documents handed over
We reserve all property rights and copyrights to all documents (also in electronic form) handed over to the buyer in connection with the placing of the order. These documents may not be made accessible to third parties unless we give the purchaser our express written consent. If we do not accept the buyer's offer within the period of § 2, these documents are to be returned to us immediately. § 4 Terms of payment
1. all indicated prices are EURO prices including the valid legal value added tax.
. 2. the payment of the purchase price can take place to the payment possibilities offered in the Onlineshop. These include prepayment, Paypal and the payment options offered via Paypal Plus (credit card, purchase on account, etc.), whereby the payment processing here via Paypal. The deduction of discount is permitted only with written special agreement. The dispatch occurs only after complete payment of the purchase price.
3 Unless otherwise agreed, payment can be made within 14 days of ordering the goods. After expiry of the payment period, the buyer is automatically in default of payment. Interest on arrears shall be charged at a rate of 8% p.a. above the respective base interest rate. The assertion of a higher damage caused by default remains reserved. The invoice will be sent to the email address provided by the buyer. The seller reserves the right to exclude certain types of payment.
Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after conclusion of the contract. The seller is entitled to withdraw from all existing contracts in whole or in part if the buyer does not meet his contractual obligations to pay the purchase price despite due date and reminder.
§ 5 Shipping costs and terms of delivery
1. the flat shipping costs for a delivery within Germany (except islands) are 9,95 €. If you pick up the goods yourself, these costs do not apply. The shipping costs for orders outside Germany depend on the respective shipping zone and usually amount to 20.00 € throughout Europe. For a delivery to Switzerland the flat rate shipping costs are 30,00€. Deviations are possible and will be communicated to the buyer immediately, e.g. with acceptance of large quantities. The delivery time is usually 7-14 working days after receipt of payment. This can deviate with special productions, like the individual configuration of individual products.
3. the seller is entitled to partial deliveries, as far as this is reasonable for the buyer.
§ 4 Terms of payment
1. all indicated prices are EURO prices including the valid legal value added tax.
. 2. the payment of the purchase price can take place to the payment possibilities offered in the Onlineshop. These include prepayment, Paypal and the payment options offered via Paypal Plus (credit card, purchase on account, etc.), whereby the payment processing here via Paypal. The deduction of discount is permitted only with written special agreement. The dispatch occurs only after complete payment of the purchase price.
3 Unless otherwise agreed, payment can be made within 14 days of ordering the goods. After expiry of the payment period, the buyer is automatically in default of payment. Interest on arrears shall be charged at a rate of 8% p.a. above the respective base interest rate. The assertion of a higher damage caused by default remains reserved. The invoice will be sent to the email address provided by the buyer. The seller reserves the right to exclude certain types of payment.
Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after conclusion of the contract. The seller is entitled to withdraw from all existing contracts in whole or in part if the buyer does not meet his contractual obligations to pay the purchase price despite due date and reminder.
§ 5 Shipping costs and terms of delivery
1. the flat shipping costs for a delivery within Germany (except islands) are 9,95 €. If you pick up the goods yourself, these costs do not apply. The shipping costs for orders outside Germany depend on the respective shipping zone and usually amount to 20.00 € throughout Europe. For a delivery to Switzerland the flat rate shipping costs are 30,00€. Deviations are possible and will be communicated to the buyer immediately, e.g. with acceptance of large quantities. The delivery time is usually 7-14 working days after receipt of payment. This can deviate with special productions, like the individual configuration of individual products.
3. the seller is entitled to partial deliveries, as far as this is reasonable for the buyer.
4 The seller does not assume any procurement risk. The seller is only obliged to deliver goods from his stock.
5. the seller is entitled to withdraw from the purchase contract if, contrary to expectations, the purchased product is not in stock or cannot be shipped. This does not apply if the seller is responsible for the non-availability of the products. The buyer will be informed immediately about the non-availability. Any consideration already rendered by the buyer will be refunded immediately.
6. if the purchaser is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. Insofar as the above conditions exist, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which he is in default of acceptance or debtor's delay.
§ 6 Passing of risk on shipment
If the goods are dispatched to the buyer at the latter's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the buyer upon dispatch to the buyer, at the latest upon leaving the warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
§ 7 Reservation of ownership
1. we reserve the right of ownership of the delivered item until full payment of all claims arising from the concluded contract. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the object of purchase if the buyer behaves contrary to the terms of the contract.
2 The purchaser is obliged to treat the object of sale with care as long as ownership has not yet been transferred to him. If maintenance and inspection work must be carried out, the purchaser must carry this out in good time at his own expense. As long as ownership has not been transferred, the purchaser must inform us immediately in writing if the delivered item is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the purchaser shall be liable for the loss incurred by us.
§ 8 Warranty and notice of defects
1. warranty rights of the buyer presuppose that he has duly fulfilled his obligations to inspect and complain according to § 377 HGB (German Commercial Code).
2. claims for defects shall become statute-barred 12 months after delivery of the goods delivered by us to the purchaser. The statutory limitation period shall apply to claims for damages in cases of intent and gross negligence as well as in cases of injury to life, limb and health which are based on an intentional or negligent breach of duty by the user. If the traceability is no longer given after removing the serial numbers, any warranty is void.
If, despite all due care taken, the delivered goods exhibit a defect which existed at the time of transfer of risk, we shall, at our discretion and subject to timely notification of the defect, either repair the goods or deliver replacement goods. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Recourse claims remain unaffected by the above regulation without restriction.
4. if the supplementary performance fails, the buyer can withdraw from the contract - without prejudice to any claims for damages - or reduce the remuneration.
5. claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear. If the buyer or a third party carries out improper repair work or changes, there are also no claims for defects for these and the resulting consequences. Claims of the purchaser for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the goods delivered by us have subsequently been moved to a location other than the purchaser's branch office, unless the transfer corresponds to their intended use.
§ 9 Revocation
A right of revocation is excluded in the case of the conclusion of a sales contract between entrepreneurs.
§10 Applicable law, legal venue, partial invalidity, other provisions
The legal relations between the parties are subject exclusively to the law of the Federal Republic of Germany. The application of the uniform laws on the international purchase of movable goods and on the conclusion of international sales contracts for movable goods as well as UN commercial law are excluded. The place of jurisdiction for all disputes arising directly or indirectly from the contract, including actions on cheques and bills of exchange, is Rudolstadt. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected.
6. if the purchaser is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. Insofar as the above conditions exist, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which he is in default of acceptance or debtor's delay.
§ 6 Passing of risk on shipment
If the goods are dispatched to the buyer at the latter's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the buyer upon dispatch to the buyer, at the latest upon leaving the warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
§ 7 Reservation of ownership
1. we reserve the right of ownership of the delivered item until full payment of all claims arising from the concluded contract. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the object of purchase if the buyer behaves contrary to the terms of the contract.
2 The purchaser is obliged to treat the object of sale with care as long as ownership has not yet been transferred to him. If maintenance and inspection work must be carried out, the purchaser must carry this out in good time at his own expense. As long as ownership has not been transferred, the purchaser must inform us immediately in writing if the delivered item is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the purchaser shall be liable for the loss incurred by us.
§ 8 Warranty and notice of defects
1. warranty rights of the buyer presuppose that he has duly fulfilled his obligations to inspect and complain according to § 377 HGB (German Commercial Code).
2. claims for defects shall become statute-barred 12 months after delivery of the goods delivered by us to the purchaser. The statutory limitation period shall apply to claims for damages in cases of intent and gross negligence as well as in cases of injury to life, limb and health which are based on an intentional or negligent breach of duty by the user. If the traceability is no longer given after removing the serial numbers, any warranty is void.
If, despite all due care taken, the delivered goods exhibit a defect which existed at the time of transfer of risk, we shall, at our discretion and subject to timely notification of the defect, either repair the goods or deliver replacement goods. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Recourse claims remain unaffected by the above regulation without restriction.
4. if the supplementary performance fails, the buyer can withdraw from the contract - without prejudice to any claims for damages - or reduce the remuneration.
5. claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear. If the buyer or a third party carries out improper repair work or changes, there are also no claims for defects for these and the resulting consequences. Claims of the purchaser for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the goods delivered by us have subsequently been moved to a location other than the purchaser's branch office, unless the transfer corresponds to their intended use.
§ 9 Revocation
A right of revocation is excluded in the case of the conclusion of a sales contract between entrepreneurs.
§10 Applicable law, legal venue, partial invalidity, other provisions
The legal relations between the parties are subject exclusively to the law of the Federal Republic of Germany. The application of the uniform laws on the international purchase of movable goods and on the conclusion of international sales contracts for movable goods as well as UN commercial law are excluded. The place of jurisdiction for all disputes arising directly or indirectly from the contract, including actions on cheques and bills of exchange, is Rudolstadt. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected.