- ABS Strahltechnik, proprietor Anne Ebel, Liederkerker Str. 9, 48565 Steinfurt -
General Terms and Conditions for use with entrepreneurs within the meaning of Sections 14 and 310 (1) of the German Civil Code (BGB).
§ 1 Scope of Application
(1) All deliveries, services, and offers by ABS Strahltechnik, proprietor Anne Ebel (hereinafter also referred to as the “Seller”), are made exclusively on the basis of these General Terms and Conditions, regardless of whether the transactions are concluded online or offline. These form part of all contracts that the Seller concludes with its contractual partners (hereinafter also referred to as the “Clients”) concerning the deliveries or services offered by the Seller. They also apply to all future deliveries, services, or offers to the Client, even if they are not separately agreed again.
(2) The online shop’s offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). An entrepreneur is a natural person, legal entity, or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
(3) The Client’s or third parties’ terms and conditions shall not apply, even if the Seller does not expressly object to their validity in an individual case. Even if the Seller refers to a letter containing or referring to the Client’s or a third party’s terms and conditions, this shall not constitute consent to the validity of those terms and conditions. The performance of the service(s) likewise shall not be deemed such consent.
§ 2 Conclusion of the Contract
(1) Access to our online shop is granted only to those who have identified themselves to the Seller before placing an order by setting up a user account and providing their name and contact details. Upon registration, the Client also warrants that they are an entrepreneur. The Client is required to provide the information requested during registration accurately and completely. They will then receive confirmation of the user account setup at the email address they provided.
(2) The Client must keep the access credentials and password protected against access by third parties. When entering the access credentials and password, the Client must ensure that third parties cannot spy on them.
(3) All offers made by the Seller are subject to change and non-binding unless they are expressly designated as binding or contain a specific acceptance period.
(4) The customer’s orders constitute a binding offer to conclude a purchase contract. The seller is entitled to accept this offer within 10 business days by sending an order confirmation by email. If the period specified in sentence 1 expires without result, the offer is deemed rejected.
(5) The seller’s information and representations concerning the subject matter of the delivery or service are only approximate unless usability for the contractually intended purpose requires exact conformity. They do not constitute guaranteed characteristics but rather descriptions or designations of the delivery or service. Customary deviations and deviations resulting from statutory requirements or representing technical improvements are permitted insofar as they do not impair usability for the contractually intended purpose.
(6) Unforeseeable supply shortages at manufacturers or distributors, price changes, errors, and prior sale reserved. All information regarding availability and technical specifications is provided without guarantee. The manufacturer reserves the right to make changes to the scope of delivery.
§ 3 Prices and Payment Terms
(1) All prices are in euros, net of the applicable statutory VAT and, where applicable, 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 methods unless otherwise specified in the respective product listing:
- Amazon Pay
- Cash payment upon collection
- Credit card (Visa, MasterCard and American Express)
- Direct debit
- PayPal
- Express purchase with PayPal
- Purchase on account
- Instant bank transfer
- Payment in advance by bank transfer
A detailed description of the individual payment methods can be found at the following link https://www.strahltechnik-express.de/zahlungsarten
(3) As a general rule, we reserve the right to determine the payment method, particularly for initial orders, special cases, and high-value orders.
(4) The customer is entitled to set off claims only if the counterclaim is undisputed, legally established, or acknowledged by ABS Strahltechnik, owner Anne Ebel.
(5) The customer may exercise a right of retention only insofar as the claims arise from the same contractual relationship.
§ 4 Delivery and Shipping Terms
(1) Goods are regularly delivered by mail to the delivery address specified by the customer. When processing the transaction, the delivery address specified during the seller’s checkout process is authoritative. However, when selecting Amazon Pay or PayPal as the payment method, the delivery address stored by the customer with Amazon or PayPal is authoritative.
(2) If delivery to the customer is not possible or the customer does not accept the delivery, the commissioned transport company shall return the goods to ABS Strahltechnik, owner Anne Ebel, or to our supplier, with the customer bearing the costs of the unsuccessful delivery and return shipment to ABS Strahltechnik, owner Anne Ebel, or to our supplier. This does not apply if the customer was temporarily prevented from accepting the offered performance, unless ABS Strahltechnik, owner Anne Ebel, had announced the performance to them a reasonable time in advance.
(3) Our obligation to perform/deliver is fulfilled upon handing over the goods to the shipping or transport company. The goods are transported at the customer's risk, regardless of whether they are dispatched from the place of performance or who bears the freight costs. Accordingly, all transport-related difficulties shall also be borne by the customer. Delivery dates require our verifiable confirmation. Agreed delivery periods will be adhered to wherever possible, but the corresponding contractual clauses are non-binding. This applies in particular in cases of force majeure or other disruptions to our operations or shipping that were unforeseeable to us when the contract was concluded. Contractual claims due to exceeding the delivery period, in particular claims for damages, are excluded. However, the customer may request in writing that we provide a written statement as to whether we will deliver within a reasonable grace period or withdraw from the contract. If the goods purchased from us are handed over to a third party for transport, we conclude the contract of carriage with the shipping or transport company solely in the name and on behalf of our customer. The customer authorizes us, with exemption from § 181 BGB, to conclude the contract of carriage in their name. We do not become a party to the contract and assume no liability whatsoever for the transport of the goods or for any damage of any kind caused by the shipping or transport company. We are entitled to pay the transport costs for the purchased goods directly to the shipping or transport company and then invoice these costs to the customer. We are only obliged to arrange the contract of carriage if the customer places their order in good time, meaning at least three working days in advance. If the order is not placed in good time as defined above, we are not obliged to deliver within a specified period.
(4) For deliveries to construction sites, unattended construction sites, and in particular storage areas supplied on the basis of the customer's order, the delivery notes are legally valid even without the signature of the customer or their agent.
(5) The offer of free delivery does not include ancillary services such as advance notification, express or fixed-date deliveries, return shipping fees, or (in the case of shipment by freight forwarder) a second delivery.
(6) For the duration of the customer's default in acceptance, the seller is entitled to store the delivery items at the customer's risk and expense at its own premises, with a freight forwarder, or with a warehouse operator. During the period of default in acceptance, the customer must reimburse the resulting transportation and storage costs, as well as the costs incurred for a second or any subsequent delivery attempt. The compensation shall be reduced to the extent that the customer proves that no expenses or damage were incurred.
§ 5 Right of Withdrawal and Return
1) Goods duly delivered in accordance with the customer's order, as well as goods prepared for shipment or already shipped, cannot be taken back. Exceptions require our express consent.
2) If the seller agrees to take back delivered goods, the seller may charge restocking costs amounting to 15% of the value of the goods and reimbursement of the delivery costs incurred. In this case, the client shall also bear the return shipping costs 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, proprietor Anne Ebel, or to our supplier, the client shall bear the costs of the unsuccessful delivery and return shipment to ABS Strahltechnik, proprietor Anne Ebel, or to our supplier.
§ 6 Retention of Title
(1) Until full payment has been made, the goods remain the property of ABS Strahltechnik, proprietor Anne Ebel. Ownership of the delivered products shall pass to the client only upon full payment of the purchase price. If you are a dealer, the following provisions shall also apply: You may resell the goods subject to retention of title in the ordinary course of business; however, you hereby assign to ABS Strahltechnik, proprietor Anne Ebel, all claims arising from this resale against your customers in full as security for our payment claims. We accept this assignment. You shall notify us immediately in writing of any third-party access to the goods subject to retention of title or to the assigned claims and inform third parties of our rights. If you are wholly or partially in default with one or more payments, cease making payments, or an insolvency proceeding has been applied for against your assets, you may no longer dispose of the goods subject to retention of title. In such a case, ABS Strahltechnik, proprietor Anne Ebel, shall be entitled to withdraw from the contract, take back the goods subject to retention of title, revoke your authority to collect claims arising from the resale, demand information about the recipients of the goods subject to retention of title, notify them of the assignment of the claims, and collect the claims itself. Before ownership is transferred, pledging, transfer by way of security, processing, or alteration is not permitted without the express consent of ABS Strahltechnik, proprietor Anne Ebel.
§ 7 Warranty
(1) The client must inspect the delivered goods without delay for deviations in quality and quantity and notify ABS Strahltechnik, proprietor Anne Ebel, in writing of any apparent defects within one week of receiving the goods; otherwise, the warranty claim is excluded. Hidden defects must be reported to ABS Strahltechnik, proprietor Anne Ebel, in writing within one week of discovery; otherwise, the warranty claim is excluded. Timely dispatch shall suffice to meet the deadline. In this case, the client bears the full burden of proof for all requirements of the claim, particularly for the defect itself, the date on which the defect was identified, and the timeliness of the notice of defect.
(2) In the event of defects, ABS Strahltechnik, proprietor Anne Ebel, shall, at its discretion, provide a warranty remedy through repair or replacement.
(3) The client's claims based on defects shall become time-barred after one year.
(4) The sale of used goods takes place to the exclusion of any warranty.
(5) If ABS Strahltechnik, proprietor Anne Ebel, supplies an item free of defects for the purpose of subsequent performance, ABS Strahltechnik, proprietor Anne Ebel, may demand that the client return the defective purchased item.
(6) Damage caused by improper or contractually non-compliant measures taken by the client during setup, connection, operation, or storage shall not give rise to any claim against ABS Strahltechnik, proprietor Anne Ebel.
§ 8 Limitation of Liability
(1) For damage other than damage arising from injury to life, limb, or health, ABS Strahltechnik, proprietor Anne Ebel, shall be liable only insofar as such damage is based on intentional or grossly negligent conduct or on a culpable breach of a material contractual obligation by ABS Strahltechnik, proprietor Anne Ebel, or its vicarious agents. A contractual obligation is material if its fulfillment is essential for the proper performance of the contract and on whose compliance the client may regularly rely. Any further liability for damages is excluded. Claims under any guarantee given by ABS Strahltechnik, proprietor Anne Ebel, regarding the condition of the purchased item and under the German Product Liability Act shall remain unaffected.
(2) According to the current state of technology, data communication over the Internet cannot be guaranteed to be error-free and/or available at all times. We therefore accept no liability for the continuous 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 fund under public law, the exclusive place of jurisdiction for all potential disputes arising from the business relationship shall, at the seller’s discretion, be Steinfurt or the client’s registered office. For actions against the seller, Steinfurt shall be the exclusive place of jurisdiction. Mandatory statutory provisions concerning exclusive places of jurisdiction shall remain unaffected by this provision.
(2) The relationship between the seller and the client shall be governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) shall not apply.
(3) If the contract or these General Terms and Conditions contain gaps, those legally effective provisions shall be deemed agreed to fill such gaps as the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions had they been aware of the gap.
Note: The client acknowledges that the seller stores data from the contractual relationship for the purpose of data processing in accordance with the provisions of the Federal Data Protection Act and reserves the right to transmit the data to third parties insofar as this is necessary to fulfill the contract.
We are obliged to inform you that, with regard to so-called online dispute resolution, the European Commission provides an online platform for this purpose. You can access this platform via the following link: https://ec.europa.eu/consumers/odr. In this context, we are also obliged to provide you with our email address. This is: service@strahltechnik-express.de.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
