General Terms and Conditions of INDEL-Industrieelektronik GmbH, VS-Villingen
1.1 These General Terms and Conditions apply exclusively to all deliveries and services. Product illustrations are exemplary illustrations and can deviate from delivered products.
1.2 Deviations from these terms and conditions, supplementary agreements and ancillary agreements must always be made in writing. In principle, our General Terms and Conditions shall apply in accordance with the latest version.
1.3 Our information and offers regarding the devices and product descriptions distributed by us are subject to change. In view of the continuous technical development and improvement of the products, we reserve the right to make changes in design and execution compared to the information provided in our various printed publications and our online catalog. This also applies to changes that serve to maintain the ability to deliver. Misprints and errors excepted. The buyer is informed that he does not have to accept goods which he has not ordered or which he has not ordered in this way. The right of return/cancellation according to § 5 shall also apply here. Returns shall be made at the expense and risk of the customer.
1.4 Purchase contracts are only concluded by a written order confirmation (e-mail is sufficient) or the acceptance of the goods by the customer (and after expiry of the revocation / return period). By opening the original packaging, respectively the plastic foil, the customer accepts our copyright protection and the warranty conditions, as well as the license conditions of the manufacturer.
§2. prices and terms of payment
2.1 For the delivery the prices at the time of the order of the goods are valid. The currency of the prices listed in the online store is € (Euro) and include VAT at the time of inclusion of the item in the online store.
In the invoices, in addition to the net price, the supplementary services are shown: Shipping charges, insurance, packaging, as well as the VAT valid at the time of invoicing.
2.2 Price changes that are necessary due to changes in war, customs duties, import and export duties, foreign exchange management, exchange rate fluctuations, allocation goods, book market due to price fixing, daily prices, etc. are reserved. Return of goods in their original condition is a matter of course.
2.3 In the case of delivery against open invoice, this is due without deduction, payable within 14 days of the invoice date. In case of a delay of payment we are entitled to charge a reminder fee of 5,00 € (Euro). If no payment has been received after the third reminder, we have the right to call in a collection agency, or a lawyer, who will demand the total amount (invoice amount + reminder fees). The additional costs arising from this are to be borne by the debtor. In case of default, we are also entitled to refuse all deliveries to the customer, also from other contractual relationships. We shall not be liable for any damages resulting from such non-delivery.
Foreign countries: Shipments to foreign countries will be charged according to effective expenditure. A delivery on account to foreign countries is not possible and is therefore always made by prepayment.
2.4 New customers are supplied by prepayment, or cash on delivery. From the second order on, delivery against open account is also possible.
2.5 For book shipments abroad, the cheapest shipping costs will be charged in addition to the book price. The choice of shipping method and carrier is at our discretion.
§3. delivery, dispatch, transfer of risk
3.1 We shall determine the type of dispatch, the dispatch route and the carrier at our discretion, provided that no express instructions are given by the customer.
3.2 We shall be entitled to make partial deliveries unless expressly agreed otherwise. Partial deliveries shall be deemed to be independent deliveries for the purposes of payment obligations, transfer of risk and warranty obligations. The customer is not entitled to reject independent partial deliveries.
If an article is not available at short notice, we shall decide at our discretion whether an automatic subsequent delivery shall be made or whether the article shall be indicated in the invoice with "Please reorder".
3.3 The recipient is obliged to check the shipment for external intactness upon receipt. If, nevertheless, transport damage has occurred, an immediate confirmation must be issued by the deliverer.
In the case of concealed damage, please take the package immediately to the post office or to the carrier used and obtain confirmation of the damage. Send the package back to us with the aforementioned documents. Upon receipt of the damaged goods, you will immediately receive a replacement delivery.
3.4 When sending goods and other parts to INDEL Industrieelektronik GmbH, the respective sender bears the transport risk, as well as all costs incurred.
§4. delivery time
4.1 Delivery dates have to be agreed upon in written form. The deadline is met if the shipment is made before the deadline expires.
4.2 All agreed delivery periods are subject to correct and timely delivery by our suppliers. The delivery period shall be extended appropriately in the event of measures within the scope of work stoppages (strike/lockout), legal and official orders (import/export restrictions), war, force majeure. Claims for damages in case of non-compliance are excluded.
§5. right of return for consumer contracts
5.1 We grant the statutory right of return exclusively for legal transactions that a natural person concludes for purposes that can be attributed neither to your commercial nor your independent professional activity.
Such customers are no longer bound to their order if they return the goods within a period of 2 weeks after receipt.
If the goods cannot be sent as a parcel, a corresponding written request for return on a permanent data carrier (letter/fax) without stating reasons within the period is sufficient.
To meet the deadline it is sufficient to send the request in time to:
INDEL Industrieelektronik GmbH
5.2 The right of return does not apply to sealed goods (demo set, or experiment set) if the sealed packaging has been opened/damaged, as well as books, videos and data carriers (CDs, DVDs, etc.).
Furthermore, there is no right of return for individually configured products which were manufactured or procured according to customer specifications. We will issue a credit note immediately after receipt and inspection of the goods, taking into account all points of our terms and conditions.
5.3 However, it must be taken into account that the return must be made in the original condition in the undamaged original / sales packaging.
In the event of significant deterioration (e.g. soiling, damage, damaged sales packaging, damaged documentation, incomplete return), we expressly reserve the right to demand compensation.
Likewise, the value of the transfer of use until the return is to be compensated. This may result in your obligation to pay the full purchase price. The actual use is not relevant. Of course, we are also entitled to compensation if the goods are lost. Keep the delivery receipt (e.g. from the post office) as proof of proper return.
5.4 Return shipments sent freight collect will not be accepted.
6.1 In many cases, certain articles are subject to license conditions of the manufacturer that go beyond our conditions. By accepting the goods, the buyer acknowledges their validity and is liable for the full amount of the resulting damage in case of violation.
§7. reservation of proprietary rights
7.1 We reserve the right of ownership of the purchased goods until full payment of all claims, including ancillary claims. In the event of conduct in breach of contract, we shall be entitled to demand the return of the object of sale. If the purchased item is further processed or mixed with other goods, we shall acquire co-ownership of the new item. A right of return is excluded in this case.
7.2 The customer shall be entitled to resell the goods in the ordinary course of business. This does not apply in case the customer is in arrears with a payment obligation towards INDEL Industrieelektronik GmbH.
§8. warranty / exclusion of liability
8.1 We warrant that the delivery items are free of material defects according to the respective state of the art, i.e. that they are suitable for the intended uses or for normal use and that they have a quality which is usual for items of the same kind.
Claims for damages due to defects in the item are excluded. The warranty period of 2 years applies except for consumables and media (books, data carriers, etc.).
The warranty period starts with the receipt of the goods by the customer.
8.2 INDEL Industrieelektronik GmbH does not assume any warranty for damages or defects resulting from improper use, storage, operation, faulty or negligent handling. Likewise, any warranty expires if the customer carries out interventions or repairs himself or has them carried out by persons not authorized by us.
8.3 Obvious defects must be reported in writing immediately after receipt of the goods. If a defect becomes apparent later than 6 months after handover, the customer must prove that the item was defective at the time of transfer of risk.
8.4 If a defect in the object of sale for which we are responsible becomes known, the customer may, in accordance with § 439 of the German Civil Code (BGB), at its option demand that the defect be remedied or that a defect-free object be delivered. The purchaser is obliged to return the object complained about to us with a precise description of the defect and a copy of the delivery bill.
In the case of unjustified complaints, we reserve the right to charge an expense allowance for the inspection measures carried out. The amount depends on the effort, but is at least € 30,-.
8.5 Unless expressly agreed, any further liability claims of the customer ¬ irrespective of the legal grounds ¬ shall be excluded. The above exemption from liability shall not apply if the damage is due to intent or gross negligence. Insofar as our liability is excluded, this shall also apply to the personal liability of our employees.
8.6 The customer is obliged to check the goods after receipt and before further processing for correctness and usability for his application purposes.
9.1 The data necessary for the business transaction are stored and used in the context of the order processing. In addition, we maintain an exchange of data with SCHUFA and other credit agencies for the purpose of credit checks. All pers. All personal data will be treated confidentially.
9.2 The customer is entitled to revoke at any time.
10.1 Villingen is agreed upon as the place of performance for all mutual services owed under the contract, including possible claims for return of goods.
10.2 Orders transmitted more than once (telephone/fax/letter post/repeat orders) for whatever reason must be clearly marked as such, otherwise they will be executed again. In such cases, no costs can be assumed on our part.
10.3 In the event that individual provisions of the supply contract or these General Terms and Conditions are invalid, the remaining provisions shall remain in effect.
INDEL Industrieelektronik GmbH
Erikaweg 32, D-78048 VS-Villingen,
Tel.: +49 (0) 7721 - 51811
Authorized representative Managing Director**: Dr. Angelika Schrodt
Register court: Local court Freiburg
Registration number: HRB 606012
Sales tax identification number according to § 27 a Umsatzsteuergesetz: DE 142987284
Responsible for content according to § 10 paragraph 3 MDStV: Dr. Angelika Schrodt (address as above) ****
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