General Terms And Conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Alarmtab UG, Industriepark Str A-9, 39245 Gommern, Germany) via the website alarmtab.de/, unless in writing between the parties Amendment is agreed. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We offer our goods only for sale, as far as you are a natural or legal person or a legal partnership that acts in the completion of the legal transaction in the exercise of their commercial or independent professional activity (entrepreneurs). A sales contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and / or the provision of repair services. The essential features of the goods and / or repair services can be found in the respective offer.
(2) Our offers on the Internet are not binding and no binding offer to conclude a contract.
(3) You can submit a binding contract offer (order) by telephone, by e-mail, by fax, by post or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods and / or repair services intended for purchase are stored in the "shopping cart." You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.When sending the order via the corresponding button you submit a binding offer us off.
You will receive an automatic e-mail about the receipt of your order, which does not lead to the conclusion of the contract yet.
(4) The acceptance of the offer (and thus the contract) takes place when ordering by phone immediately or at the latest within 5 days by confirmation in writing (eg e-mail), in which you the execution of the order or delivery of the goods or the provision the repair service is confirmed (order confirmation).
If you have not received a message within this period, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(5) On request, we will send you an individual offer, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Service provision for repairs
(1) As far as repair services are subject matter of the contract, we owe the repair work resulting from the service description. These are provided to the best of our knowledge and belief in person or by third parties.
(2) You are obliged to cooperate, in particular you must describe the defect existing on the device as comprehensively as possible and make the defective device available.
(3) You bear the cost of sending the defective device to us.
(4) You must make backup copies of your data stored on the defective device on separate data carriers yourself. We are not responsible for the creation of backup copies.
§ 4 prices, terms of payment and shipping costs
(1) The prices quoted in the respective offers as well as the shipping costs are net prices. They do not include the legal value added tax.
(2) The resulting shipping costs are not included in the purchase price, they will be charged separately, unless the free shipping delivery is promised. Further details can be found under a corresponding button on our website or in the respective offer.
(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if explicitly stated in the respective offer or in the invoice.
§ 5 Delivery conditions
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery times are only binding if confirmed by us in writing. With the payment method prepayment by bank transfer the dispatch of the commodity and / or the rendering of the repair service takes place only after entrance of the complete purchase price and / or payment amount for the repair achievement and the forwarding expenses with us.
(2) Should a product ordered by you contrary to expectations despite timely conclusion of an adequate cover transaction for reasons for which we are not responsible, you will be informed immediately about the unavailability and in the event of withdrawal about any payments already made will be refunded immediately.
(3) The shipment is at your own risk. If you wish, the shipment will be made with a corresponding transport insurance, whereby the resulting costs are to be borne by you.
(4) Partial deliveries are permitted and can be invoiced independently by us, unless you are burdened with additional costs for shipping.
§ 6 Warranty
(1) The warranty period is one year from delivery of the item. The reduction of the time limit does not apply:
-liability for culpable damage caused by injury to life, limb or health and for intentional or grossly negligent other damage attributable to us;
-as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing;
-in the case of items that have been used for a structure in accordance with their normal use and have caused its defectiveness;
-in the case of legal recourse claims that you have against us in connection with warranty rights.
(2) As a condition of the thing, only our own information and the product description of the manufacturer are considered as agreed, but not other advertising, public charges and expressions of the manufacturer.
(3) In case of defects, we shall provide warranty at our discretion by repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract at your discretion. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
§ 7 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) We reserve the ownership of the goods until complete settlement of all claims from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
(3) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(4) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law applies excluding the UN sales law.
(2) The place of fulfillment and place of jurisdiction is our registered office, as far as you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general jurisdiction in Germany or the EU.
II. Customer information
1. Identity of the seller
Industrial Park Str A-9
Telephone: 039200 - 7797 - 280
2. Information about the conclusion of the contract
The technical steps to conclude the contract and the conclusion of the contract itself, as well as the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order or request, the contract data can be printed out or electronically saved using the browser's print function.
These terms and conditions have been created by the lawyers specializing in IT law of the dealer association and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
letzte Aktualisierung: 01.02.2018