General Business Terms
for Legal Transactions between I.T. Intertechnik Kerpen GmbH and Consumers.
- The following General Business Terms shall apply to legal transactions between I.T. Intertechnik Kerpen GmbH and Consumers.
- Contradictory provisions and provisions which deviate from these General Business Terms shall not be recognised and are hereby explicitly objected to as a precautionary measure. This objection shall also apply to the event that the consumer has stipulated a special form for the objection. If an objection is excluded then the statutory provisions shall replace the contradictory terms and conditions. A recognition of deviating Terms of Purchase shall only occur if their application has been confirmed in writing and explicitly by I.T. Intertechnik Kerpen GmbH.
§2 Conclusion of contract
- The offered goods do not represent any legally binding offers of I.T. Intertechnik Kerpen GmbH according to § 145 BGB [Civil Code], but are non-binding requests to the consumer to place a binding order for goods.
- No warranty is assumed for the accuracy, completeness and actuality of the presented texts and diagrams. Oral information, which is provided outside of a written order, is non-binding. Already received texts and diagrams merely serve the purpose of information. They are non-binding and do not release from an own examination obligation.
- After the input of the personal data and by clicking the button “purchase” or “order binding” in the final step of the order process the consumer submits a binding order of the goods contained in the shopping basket. The confirmation of the receipt of the order is carried out directly after receipt of the order by us. No purchase contract is concluded yet with this order confirmation. The purchase contract shall only be concluded with our explicit confirmation or with the delivery of the goods. If a confirmation or delivery is not carried out by no later than within two weeks after the receipt of the order the order shall be deemed as not accepted. You can correct faults with the input of the order by clicking on the “back” button of the browser and then correcting the faulty input. The contractual data are stored in our company for at least 90 days and can be called by you upon request. The buyer himself is responsible for a longer-term data storage.
- Should it not be possible to deliver an ordered good I.T. Intertechnik Kerpen GmbH reserves the right to offer the consumer a product which is equivalent in price and quality by sending it. The consumer is of course at liberty to accept this offer. Should the offer not be accepted by the consumer the consumer is requested to return the goods at the risk and costs of I.T. Intertechnik Kerpen GmbH.
- If justified misgivings arise after the acceptance of the order concerning the solvency or creditworthiness of the consumer I.T. Intertechnik Kerpen GmbH is entitled to render the fulfilment of the contract either dependent on an advance payment or provision of collateral or to cancel the contract.
§ 3 Right to revocation
The consumer can revoke his contractual declaration within 14 days without stating any reasons in a text form (e.g. letter, e-mail) or – if the object is handed over to him before expiry of the deadline – also by returning the object. The deadline shall begin after the receipt of these instructions in a text form, however not before receipt of the goods by the recipient (with the recurring delivery of equivalent goods not before the receipt of the first partial delivery) nor before satisfaction of our information obligations according to Article 246 § 2 in conjunction with § 1 Par. 1 and 2 EGBGB [Introductory Act to the Civil Code] as well as our duties according to § 312g Par. 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely despatch of the revocation or the object is sufficient to safeguard the deadline for revocation. The revocation is to be sent to:
I.T.Intertechnik Kerpen GmbH
50170 Kerpen, Germany
Fax: +49 2273 908435
Consequences of revocation:
In the event of an effective revocation the services received by both parties are to be refunded and if applicable drawn benefits (e.g. interest) are to be handed over. If the consumer cannot refund or hand over the received service as well as benefits to us (e.g. benefits from use) or partly not or only in a deteriorated condition he must compensate us for the value. The consumer only has to pay compensation for the value for the deterioration to the object and for drawn benefits insofar as the uses or the deterioration is a result of a handling of the object, which goes beyond the examination of the properties and the method of functioning. To be understood under “examination of the properties and the method of functioning” are the testing and sampling of the respective goods such as for example is possible and customary in a store. Incidentally the obligation to compensate for value can be avoided by the fact that the consumer does not take the product into use as an owner and everything is refrained from which could impair its value. The consumer shall bear the regular costs of the return shipment if the delivered goods correspond with those which were ordered. Obligations for the reimbursement of payments must be satisfied within 30 days. The deadline shall begin for the consumer with the despatch of their declaration of revocation or the object, for us with their receipt.
End of the instructions for revocation.
§ 4 Terms of delivery
- Please refer to the shipping costs table for the delivery costs to the various countries.
- The delivery is carried out with the shipment ex warehouse to the delivery address notified by the consumer.
- The delivery dates stated in an order confirmation do not represent any fixed dates. They concern approximate details.
- If delays in deliveries are due to reasons, for which I.T. Intertechnik Kerpen GmbH is not responsible (for example: force majeure, fault of third parties) the delivery deadline will be extended by a reasonable extent. The consumer will be informed hereof immediately. If the delays last longer than 4 weeks after conclusion of the contract each party is entitled to cancel the contract. Further claims for damages are excluded.
- Should the non-deliverability of a good arise after the acceptance confirmation by I.T. Intertechnik Kerpen GmbH then I.T. Electronic GmbH is entitled to cancellation. I.T. Intertechnik Kerpen GmbH undertakes to inform the consumer immediately about the non-availability and to reimburse the consideration immediately.
- In the event of a delay in delivery which is caused by I.T. Intertechnik Kerpen GmbH the consumer is entitled to the full or partial cancellation of the contract if previously set a reasonable final deadline for fulfilment of 2 weeks in writing, which shall begin to apply with the submission of the setting of the final deadline by the consumer.
- The buyer can only request damages owing to non-fulfilment if I.T. Intertechnik Kerpen GmbH or its vicarious agents caused the damages wilfully or by gross negligence. The extended liability of § 287 BGB is excluded.
§ 5 Terms of payment, due date and default
- All stated prices are deemed incl. the respective applicable rate of value added tax without costs for packaging and shipment at the time of the order.
- I.T. Intertechnik Kerpen GmbH reserves the right, in order to hedge the creditworthiness risk in an individual case, to exclude certain types of payment and only carry out orders against advance payment, cash on delivery/ or immediate payment with the delivery.
- The purchase price will be due and payable as soon as the order has been confirmed by I.T. Intertechnik Kerpen GmbH or the ordered goods were delivered to the consumer.
- The consumer shall be in default by no later than 30 days after the due date and receipt of the invoice or equivalent list of payments. Incidentally default shall occur if a due payment request is not settled within the payment deadline set by I.T. Intertechnik Kerpen GmbH.
- From default of the invoice amounts consumers will be charged interest on default in the amount of 5% above the base lending rate.
§ 6 Reservation of title
- The ordered or delivered goods shall remain the property of I.T. Intertechnik Kerpen GmbH until the full payment.
- A resale, use, assignment as collateral, other disposals are not permitted without the consent of I.T. Intertechnik Kerpen GmbH before transfer of ownership.
§ 7 Warranty
- The consumer is requested to report obvious defects to the carrier or freight forwarder. Recordings of factual elements are to be applied for with the unloading of the goods at the freight forwarder.
- Complaints of recognisable defects must be reported in writing within a period of 14 days after receipt of the goods.
- Hidden defects are to be reported after the knowledge by the consumer by complying with the maximum reporting deadline of 2 years after the delivery.
- The warranty claim of the consumer shall at the choice of I.T. Intertechnik Kerpen GmbH either cover the subsequent improvement or the substitute delivery. The consumer reserves the right, in the event of a failed subsequent improvement and/or subsequent satisfaction to reduce the purchase price or to cancel the purchase contract. The consumer has to keep the goods for which a complaint was filed available and after coordination with I.T. Intertechnik Kerpen GmbH to return these properly packed at the costs and risk of I.T. Intertechnik Kerpen GmbH to it if a subsequent improvement is to be carried out by I.T Electronic GmbH. Should a substitute delivery be agreed the consumer is obliged after receipt of the substitute delivery to return the faulty goods properly packed at the risk and the costs of I.T. Intertechnik Kerpen GmbH to it.
- The claim of the consumer for payment of a claim for damages is excluded unless there is an injury to life, the body or the health of the consumer, which is due to a negligent breach of duty of I.T. Intertechnik Kerpen GmbH or a wilful or negligent breach of duty of a legal representative or vicarious agent of I.T. Intertechnik Kerpen GmbH or other damages are due to a grossly negligent breach of duty of I.T Electronic GmbH or a wilful or grossly negligent breach of duty of a legal representative or vicarious agent of I.T. Intertechnik Kerpen GmbH.
§ 8 Law which is to be applied and final provisions
- German law shall apply exclusively.
- The place of performance and place of jurisdiction is, insofar as permitted by law, for both parties the registered seat of I.T. Intertechnik Kerpen GmbH in Kerpen.
- Should one or several provisions of these General Business Terms be or become invalid this shall have no effect on the validity on the whole. The invalid provision shall be replaced by the reasonable regulation – permitted by law – which shall as far as possible correspond with the pursued purpose, in particular from a financial point of view.