Terms of service
general terms and conditions
- b> generalbr />b>1.1. These terms and conditions apply to all contracts, deliveries and other services of Br / B / B / Strong / Egbe Elektrogeräte GmbH Br / Gustav- Töpfer- Straße 6 Br / 07422 Bad Blankenburg / Strong / B / B / Br / named "Seller" in the following regarding the online shop www.efbe-schott.de towards its customers.
b>1.2Differing regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customers shall always take precedence.br /> br /> b /> strong>> 2. contents and conclusion of the contract br /> b /> strong> br /> b> strong> 2.1 br /> strong> br /> b> span> span> The seller offers his customers various products for purchase in the online shop, in particular electrical household appliances. The seller makes deliveries only to the following countries: Germany and Austria.
>b><2.2 In the online shop, the purchase contract is concluded when the seller accepts the customer's order. Price markings in the online shop do not represent an offer in the legal sense. Before submitting a binding order, the customer can correct all entries continuously using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions. The seller is entitled to accept the offer contained in the order within 3 days by sending an order confirmation. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
>b>>strong>2.3>span> With the order confirmation, the seller sends the customer the text of the contract as well as these General Terms and Conditions and the Cancellation policy.
The customer can call up and print out the order overview and these General Terms and Conditions. Otherwise, the text of the contract will not be saved by the seller in the online shop after the conclusion of the contract.
b>>strong>2.4>span> A customer also has the option of making an enquiry to the seller about a specific item by telephone or by e-mail, fax or letter. After receiving such an inquiry, the seller will submit a separate offer to the customer by e-mail, letter or fax. A contract shall only be concluded when the customer accepts this offer.
br />b>>strong>3. Prices, payment and dispatchbr />b>>strong>3.1>span> All prices stated in the online shop are inclusive of VAT plus shipping costs. The shipping costs will be announced to the customer before the order is placed. An overview of the delivery and shipping conditions is available here.
3.2 The seller points out that any additional costs arising from incorrect or erroneous specification of a delivery address for which the customer is responsible and the associated return shipment must be borne by the customer.
>b>3.3 The delivery to the customer shall be made at the customer's request against advance payment (bank transfer, payment by PayPal) or for customers within Germany against cash on delivery. An overview of the means of payment is provided here. If the customer chooses advance payment by bank transfer, payment shall be due no later than 1 week after conclusion of the contract. If a customer defaults on his payment obligations, the seller may claim damages and/or withdraw from the contract in accordance with the statutory provisions. If payment is made by cash on delivery, the purchase price plus shipping costs and cash on delivery charges, as well as DHL handling fee shall be due upon delivery and presentation of the cash on delivery note by the commissioned transport company.
>b>3.4 The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or is otherwise received in text form.br />br />b>>strong>4.1>span> The goods ordered will be delivered by the seller to the address specified by the customer, unless otherwise agreed in the contract. The >span> delivery is made from the seller's warehouse. The seller reserves the right to make a partial delivery, provided this appears to be advantageous for a speedy processing and the partial delivery is not unreasonable for the customer in exceptional cases. Additional costs arising from partial deliveries will not be charged to the customer.
>b>4.2>span> The availability of the individual goods is indicated in the article descriptions. For goods available in stock, the delivery period is 5-7 working days from the conclusion of the contract, unless otherwise stated in the article description (for advance payment by bank transfer: 10 working days from the customer's instruction to pay).
>b>>4.3>span> The seller reserves the right to release himself from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and delivery is completely or partially omitted.This reservation of self-delivery shall only apply if the seller is not responsible for the failure to deliver. The seller is not responsible for the failure to deliver if a so-called congruent covering transaction was concluded in good time with the supplier to fulfil the contractual obligations. If the goods are not delivered, the seller shall inform the customer immediately of this circumstance and shall refund any purchase price already paid as well as shipping costs.
>b>4.4 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
br />b>5. Retention of title, right of retention
b>>br />b>>>strong>5.The goods delivered shall remain the property of the seller until all claims arising from the contract have been settled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which the seller is entitled in connection with the contract have been settled. 6.1 / Strong> br / b / b / span> span> 6. Insofar as there are defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions. The requirements of § 377 HGB.
b>6.2 Damage caused by improper actions of the customer during installation, operation or storage of the goods shall not constitute a warranty claim against the seller.b>>>strong>6.3>/strong>>>b>>span> The seller shall be entitled to supplementary performance if defects are present and were asserted in good time. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. If goods are delivered with obvious damage to the packaging or contents, the customer shall, without prejudice to his warranty rights as regulated above, complain immediately to the forwarder/freight service and contact the seller immediately by e-mail or other means (fax/post) so that the seller can protect any rights against the forwarder/freight service. It shall also be liable for the slightly negligent breach of material obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the foregoing.
>b>7.2 The limitations of liability in the foregoing paragraph shall not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects.The liability according to the product liability law remains unaffected. 7.3/strong> If the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.<8. data protection >/strong>
The customer is aware of and agrees that the personal data required to process the order will be stored by the seller on data carriers. The details are regulated in the >span> >a href="http://www.efbe-schott.de/Privatsphaere-und-Datenschutz:_:2.html">data protection declaration of the seller.
br />b>9. Choice of law, place of performance, place of jurisdiction, contractual languagebr />b>9.1 German law shall apply to the exclusion of UN sales law. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favourability principle).
b>9.2 The place of performance for all services arising from the business relations existing with the seller as well as the place of jurisdiction is the seller's registered office, insofar as the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.
The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is not known at the time the action is brought. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.
b>9.3>span> If a provision of these General Terms and Conditions of Business should be invalid, the remainder of the contract remains valid. Instead of the ineffective provision, the relevant statutory provisions shall apply.
b>9.4 The contract language is German.
br />br />br />Stand: 17.06.2014
>br /> Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
We prefer to clarify your concerns in direct communication with you and therefore do not participate in consumer dispute resolution procedures.
>br />b>Notice according to the Electrical and Electronic Equipment Actbr />br /> As a retailer, we are obliged to inform our customers as follows in connection with the sale of electrical appliances according to the Electrical and Electronic Equipment Act:
>br />Efbe Elektrogeräte GmbH, Gustav- Töpfer- Straße 6, 07422 Bad Blankenburg, is duly registered with the Federal Foundation EAR, Elektro-Altgeräte-Register officially under the number DE 611 32 395.
Notes on battery disposal according to the battery law:
>br /> In connection with the sale of batteries or accumulators or with the delivery of devices containing batteries, we are obliged to inform you of the following:
You are legally obliged to return used batteries as end user. You may return batteries after use to us or to the designated collection points (e.g. municipal collection points or retail outlets) free of charge. You can also return the batteries to us by post (MACSYSTEMS GmbH, Herforder Straße 22, 33602 Bielefeld). In any case, we will refund the postage for the return of your old battery.
The symbols shown on the batteries have the following meaning:
- The symbol of the crossed-out dustbin means that the battery must not be disposed of in the household waste.
- Pb = Battery contains more than 0.004 mass percent lead.
- Cd = Battery contains more than 0.002 mass per cent cadmium.
- Hg = Battery contains more than 0.0005 mass per cent mercury.
You have the possibility to read this information again in the accompanying documents of the delivery of goods or in the operating instructions of the respective manufacturer.