TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 Scope, customer information
The following General Terms and Conditions (GTC) regulate the contractual relationship between TechnologyONE Germany eK and consumers and entrepreneurs who purchase goods through our TechnologyONE Germany shop. We do not accept conditions that conflict with or deviate from our general terms and conditions. The contract language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.
(2) You can add one or more products to the shopping cart. As part of the ordering process, you enter your data and wishes regarding payment method, delivery modalities, etc. Only when you click the order button do you make a binding offer to conclude a purchase contract. You can also place a binding order by telephone or fax.
(3) By immediately sending the confirmation of receipt by email or fax, acceptance of your offer is also declared and the purchase contract is thus concluded. In the case of an order by telephone, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound to it.
§ 3 Customer information: Storage of the contract text
We will save your order with details of the concluded contract (e.g. type of product, price, etc.). We will send you the General Terms and Conditions, but you can also access the General Terms and Conditions via our website at any time after the contract has been concluded. As a registered customer, you can access your past orders via the customer login area (I ll write the link later).
§ 4 Customer information: Correction notice
You can correct your entries at any time before sending the order using the delete button. We will inform you about further correction options during the ordering process. You can also complete the ordering process at any time by closing the browser window.
§ 5 Customer information: Code of conduct
We have adhered to the following code of conduct:
§ 6 Retention of title
The purchase remains our property until full payment.
§ 7 Statutory warranty rights and limitation period
(1) Liability rights for defects
The statutory warranty rights apply to our goods.
(2) Limitation of liability rights (warranty) for consumers for used items
There are two deadlines for your claims for defects, each of which begins with the delivery of the used goods to you.
We are shortening the liability period for defects from two years to one year.
However, you can claim defects that occur within this liability period until the statutory limitation period of two years has expired.
Excluded from the shortening of the liability period are claims for damages, claims due to defects that we have fraudulently concealed, and claims arising from a guarantee that we have assumed for the quality of the item. The statutory deadlines apply to these excluded claims. If there is a guarantee period, the longer period applies in favor of the guarantee holder.
(3) Limitation of liability rights (warranty) towards entrepreneurs
Your warranty claims due to defects in the purchased item expire one year from the transfer of risk. The following claims are excluded from this regulation
- for compensation
- due to fraudulently concealed defects
- from any guarantee provided
- for recourse according to §§ 445a, 478 BGB
- due to defects in building materials and components that were used for a building in accordance with their normal use and which caused its defectiveness.
The statutory limitation periods apply to these excluded claims. If there is a guarantee period, the longer period applies in favor of the buyer.
§ 8 Limitation of liability
We exclude liability for slightly negligent breaches of duty unless these relate to essential contractual obligations, damage resulting from injury to life, body or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to provide you with ownership of it. In addition, we must provide you with the item free of material and legal defects.
§ 9 Commercial place of jurisdiction
If you are a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.
§ 10 Consumer information: Participation in a dispute resolution procedure
We are obliged to take part in a dispute resolution procedure before the consumer arbitration board mentioned below: General Federal Arbitration Board - Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl, www.verbraucher-schlichter.de
