- ABS Strahltechnik, owner Anne Ebel, Liederkerker Str. 9, 48565 Steinfurt -
General terms and conditions for use with entrepreneurs within the meaning of Sections 14 and 310 paragraph 1 of the German Civil Code (BGB).
§ 1 Scope
(1) All deliveries, services and offers of ABS Strahltechnik, owner Anne Ebel (hereinafter also referred to as "Seller") are carried out exclusively on the basis of these General Terms and Conditions, regardless of whether these transactions are concluded online or offline. These are an integral part of all contracts that the Seller concludes with its contractual partners (hereinafter also referred to as "Client") regarding the deliveries or services offered by it. They also apply to all future deliveries, services or offers to the Client, even if they are not separately agreed again.
(2) The offer of the online shop is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
(3) Terms and conditions of the client or third parties do not apply, even if the seller does not specifically object to their validity in individual cases. Even if the seller refers to a letter that contains or refers to terms and conditions of the client or a third party, this does not constitute consent to the validity of those terms and conditions. The performance of the service(s) is also not to be regarded as such consent.
§ 2 Conclusion of Contract
(1) Access to our online shop is only granted to those who have identified themselves to the seller by setting up a user account before placing an order, providing their name and contact details. At the same time, by registering, the customer confirms that they are an entrepreneur. The customer is obliged to provide the data requested during registration correctly and completely. They will then receive a confirmation of the creation of the user account at the email address they provided.
(2) The client must keep the access ID and password safe from access by third parties. When entering the access ID and password, it must be ensured that third parties cannot spy on them.
(3) All offers of the Seller are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period.
(4) Orders from the customer represent a binding offer to conclude a purchase contract. The seller is entitled to accept this offer within 10 working days by sending an order confirmation by email. If the deadline specified in sentence 1 expires without result, the offer is deemed to have been rejected.
(5) The seller's information on the subject of the delivery or service and representations thereof are only approximately relevant unless the usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or markings of the delivery or service. Customary deviations and deviations that occur due to legal regulations or represent technical improvements are permissible as long as they do not impair the usability for the contractually intended purpose.
(6) Subject to unforeseeable delivery bottlenecks at manufacturers or distributors, price changes, errors and prior sale. All information on availability and technical features is provided without guarantee. The manufacturer reserves the right to make changes to the scope of delivery.
§ 3 Prices and payment conditions
(1) All prices are in Euro net plus the applicable VAT and, if applicable, plus shipping and packaging costs, which will be communicated to the customer before the order is placed.
(2) For deliveries within Germany, the Seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer:
- Amazon Pay
- Cash on pickup
- credit card (Visa, MasterCard and American Express)
- Direct debit
- PayPal
- Express purchase with PayPal
- Purchase on account
- Sofort Überweisung
- advance payment by bank transfer
A detailed description of the individual payment methods can be found under the following link https://www.strahltechnik-express.de/zahlungsarten
(3) In principle, we reserve the right to choose the method of payment, especially for first orders, special cases and for large amounts.
(4) The The client is only entitled to set off if the counterclaim is undisputed, legally established or recognized by ABS Strahltechnik, owner Anne Ebel.
(5) The The client may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
§ 4 Delivery and Shipping Conditions
(1) The delivery of goods shall normally be carried out by post and to the address specified by Delivery address specified by the customer. When processing the transaction, the delivery address specified in the purchase process of the seller is decisive. Deviating from this, when selecting the payment methods Amazon Pay and PayPal, the delivery address specified by the The delivery address stored by the customer with Amazon or PayPal is decisive.
(2) If a delivery is made to the If the delivery is not possible or the customer does not accept the delivery, the commissioned transport company will send the goods back to ABS Strahltechnik, owner Anne Ebel or to our supplier, whereby the Client shall bear the costs for unsuccessful delivery and return to ABS Strahltechnik, owner Anne Ebel or our supplier. This does not apply if the Client was temporarily prevented from accepting the offered service, unless the company ABS Strahltechnik, owner Anne Ebel had announced the service to him a reasonable time in advance.
(3) Our obligation to perform/deliver is fulfilled when the goods are handed over to the shipping or transport company. The goods are transported at the customer's risk, regardless of whether the goods are sent from the place of performance or who bears the freight costs. Accordingly, all transport difficulties are also borne by the customer. Delivery dates require our verifiable confirmation. Agreed delivery periods will be adhered to as far as possible, but the corresponding contractual clauses are non-binding. This applies in particular to cases of force majeure or other disruptions to operations or shipping that were unforeseeable for us when the contract was concluded. Contractual claims due to exceeding the delivery period, in particular claims for damages, are excluded.However, the Client may request our written statement in writing as to whether we will deliver within a reasonable grace period or whether we will withdraw from the contract. Insofar as the goods purchased from us are handed over to a third party for transport, we conclude the transport contract solely in the name and on behalf of our Client with the shipping or transport company. The The client authorizes us to conclude the transport contract on his behalf, exempted from § 181 BGB. We do not become a contractual partner and assume no liability for the transport of the goods and for any damage of any kind caused by the shipping or transport company. We are entitled to pay the costs for the transport of the purchased goods directly to the shipping or transport company and then charge these costs to the We are only obliged to arrange the transport contract if the The customer places his order in good time, i.e. at least three working days in advance. If the order is not placed in good time in the above sense, we are not obliged to deliver within a certain period of time.
(4) When supplying construction sites, unoccupied construction sites, in particular storage areas, which are based on the order of the The delivery notes are valid even without the signature of the Client or his vicarious agent is legally valid.
(5) The offer of free delivery does not include any additional services such as notification, express and fixed-date deliveries, return charges or (in the case of shipping by a freight forwarder) a second delivery.
(6) For the duration of the customer's delay in acceptance, the seller is entitled to store the delivery items at its own premises, with a forwarding agent or with a warehouse keeper at the customer's risk and expense. For the duration of the delay in acceptance, the customer must reimburse the resulting transport and storage costs as well as the costs incurred for a second or further delivery attempts. The compensation is reduced to the extent that the customer proves that no expenses or damages were incurred.
§ 5 Right of withdrawal and return
1) Goods that have been properly delivered according to the order by the customer, goods that have been prepared for shipment or shipped cannot be returned. Exceptions to this require our express consent.
2) If the seller agrees to take back delivered goods, the seller can demand re-storage costs amounting to 15% of the value of the goods and reimbursement of the delivery costs incurred. In this case, the customer must also bear the delivery costs for the return shipment incurred by the shipping or transport company commissioned by the seller.
3) If the goods have already been shipped and the commissioned shipping or transport company returns the goods to ABS Strahltechnik, owner Anne Ebel or to our supplier, the Client shall bear the costs for unsuccessful delivery and return to the company ABS Strahltechnik, owner Anne Ebel or to our supplier.
§ 6 Retention of Title
(1) The goods remain the property of ABS Strahltechnik, owner Anne Ebel, until full payment has been made. Ownership of the delivered products only passes to the buyer upon full payment of the purchase price. client.If you are a dealer, the following additional provisions apply: You may resell the reserved goods as part of the normal course of business, but you hereby assign all resulting claims against your customers in full to ABS Strahltechnik, owner Anne Ebel, to secure our payment claims. We accept this assignment. You will notify us immediately in writing of any third-party access to the reserved goods or the assigned claims and inform third parties of our rights. If you are in full or in part arrears with one or more payments, if you stop making payments or if insolvency proceedings are initiated against your assets, you may no longer dispose of the reserved goods. In such a case, ABS Strahltechnik, owner Anne Ebel, is entitled to withdraw from the contract or to take back the reserved goods or to revoke its authority to collect the claims from the resale and to demand information about the recipients of the reserved goods, to notify them of the assignment of the claims and to collect the claims itself. Prior to transfer of ownership, pledging, transfer of ownership by way of security, processing or modification is not permitted without the express consent of ABS Strahltechnik, owner Anne Ebel.
§ 7 Warranty
(1) The customer must immediately inspect the delivered goods for deviations in quality and quantity and notify ABS Strahltechnik, owner Anne Ebel, of any obvious defects in writing within one week of receipt of the goods; otherwise, the assertion of the warranty claim is excluded. Hidden defects must be notified to ABS Strahltechnik, owner Anne Ebel, in writing within one week of discovery; otherwise the assertion of the warranty claim is excluded. To meet the deadline, timely dispatch is sufficient. In this case, the client bears the full burden of proof for all prerequisites for the claim, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the complaint.
(2) In the event of defects, ABS Strahltechnik, owner Anne Ebel, shall provide a warranty at its own discretion by means of repair or replacement delivery.
(3) The claims of the Client’s claims for defects expire after one year.
(4) The sale of used items is subject to the exclusion of any warranty.
(5) If ABS Strahltechnik, owner Anne Ebel, delivers a defect-free item for the purpose of subsequent performance, ABS Strahltechnik, owner Anne Ebel, may The customer can demand return of the defective item.
(6) Damage caused by improper or non-contractual measures of the Damage caused by the customer during installation, connection, operation or storage shall not constitute grounds for any claim against ABS Strahltechnik, owner Anne Ebel.
§ 8 Limitation of Liability
(1) ABS Strahltechnik, owner Anne Ebel, is only liable for damages other than those resulting from injury to life, body or health if these damages are based on intentional or grossly negligent actions or on culpable violation of a material contractual obligation by ABS Strahltechnik, owner Anne Ebel or its vicarious agents. A contractually essential obligation is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Client can regularly rely on. Any further liability for damages is excluded. Claims arising from a service provided by the company.The guarantee given by ABS Strahltechnik, owner Anne Ebel, for the quality of the purchased item and the Product Liability Act remain unaffected.
(2) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant availability of our online shop.
§ 9 Image Rights
(1) All image rights are held by ABS Strahltechnik, owner Anne Ebel. Use without express consent is not permitted.
§ 10 Final Provisions
(1) If the client is a merchant, a legal entity under public law or a special public fund, the exclusive place of jurisdiction for all disputes arising from the business relationship is, at the discretion of the seller, Steinfurt or the client's registered office. Steinfurt is the exclusive place of jurisdiction for lawsuits against the seller. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this regulation.
(2) The relationship between the seller and the customer is subject exclusively to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.
(3) To the extent that the contract or these General Terms and Conditions contain regulatory gaps, the legally effective provisions that the contracting parties would have agreed upon in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions if they had known about the regulatory gap shall be deemed to have been agreed upon to fill these gaps.
A notice: The Client acknowledges that the Seller stores data from the contractual relationship in accordance with the provisions of the Federal Data Protection Act for the purpose of data processing and reserves the right to transmit the data to third parties if necessary for the performance of the contract.
We are obliged to inform you that the European Commission has provided an online platform for online dispute resolution. You can access this platform at the following link: https://ec.europa.eu/consumers/odrIn this context, we are also obliged to provide you with our email address. This is: service@strahltechnik-express.de.
