General Business Terms for the Online Shop
Contractual terms for purchase contracts concluded through the
Elsner Elektronik GmbH, Sohlengrund 16, 75395 Ostelsheim, Germany
phone: +49 (0) 70 33 / 30 945-0, Fax: +49 (0) 70 33 / 30 945-20
entered in the Commercial Registry with the District Court Stuttgart under HRB 331386,
represented by Jutta and Thomas Elsner, Toni Großmann, VAT Reg. No.: DE 812 151 291
– hereafter only "Provider" –
the customer identified in section § 2 of the contract – hereafter only "Customer" –.
§ 1 Area of Application, definitions
(1) The business relationship between the web shop provider (hereafter only "Provider") and the customer (hereafter only "Customer") is governed solely by the below mentioned General Business Terms, as amended by the wording current when the order is placed." No deviating terms of the ordering party are accepted unless the Provider expressly agrees with them in writing.
(2) The Customer acts as the consumer to the extent to which the aim of the ordered goods and services can be attributed to its commercial or independent occupational activities. Inversely, an entrepreneur is any natural person, legal entity or incorporated partnership, performing its commercial or independent occupational activities based upon when the contract is concluded.
§ 2 Concluding the contract
(1) The Customer can choose products, particularly building automation systems, from the Provider's offerings and place them into the shopping basket by using the "Add to chart" button. By using the "Pay Order" button, the Customer places a binding purchase request for the goods placed in the shopping basket. Before sending the order, the Customer can change and check the data at any moment. The request can be placed and sent only if the Customer clicks the "I Agree with the General Business Terms" button to express its agreement with these contractual terms; After this, the Customer's request is delivered.
(2) The Provider then sends the Customer an automatic purchase request delivery confirmation e-mail in which the Customer's order is again summarised and which the Customer can print via the "Print" function. This automatic delivery confirmation only documents the fact that the Customer's order was delivered to the Provider, but it does not represent the acceptance of the purchase request. The contract is concluded only when the Provider sends an acceptance notice in a separate e-mail (order confirmation). In this e-mail or a separate e-mail, but at the latest upon delivery of the goods, the contractual test (consisting of the order, General Business Terms and order confirmation) is sent to the Customer on a permanent data medium (e-mail or paper) as contract confirmation. The contractual text is saved in a way ensuring that data protection rules are not breached.
(3) The contract is concluded in the German language.
§ 3 Delivery, goods availability
(1) The delivery times we specify start from the moment of our order confirmation provided that the purchase price has been paid (except for purchases by invoice). The delivery period is five days unless a different delivery time is specified in our online shop for the respective goods.
(2) If no items among the products that the Customer has chosen are available as of the moment the order is placed, the Provider shall immediately inform the Customer in the order confirmation. If the Customer is a consumer, the Provider clearly informs the Customer of whether there are any supply limitations by the latest at the start of the order process. If the product is not available in the long term, the Provider can cancel the acceptance notice. No contract is concluded in this case.
(3) If the product identified by the Customer in the order is only temporarily unavailable, the Provider also immediately informs the Customer in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer is entitled to withdraw from the contract. The Provider is also entitled to terminate the contract in this case. If this happens, the Provider will immediately return to the Customer any payments made by the Customer.
(4) The following delivery limitations exist: The Provider supplies goods only to customers whose ordinary residence (invoice address) is situated in one of the following countries and territories and provide a delivery address in the same country: Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Austria, Poland, Portugal, Romania, Sweden, Switzerland, Slovak Republic , Slovenia, Spain, Czech Republic, Hungary, United Kingdom, Cyprus.
§ 4 Reservation of Title
The title to the goods remains with the Provider until complete payment has been made.
§ 5 Prices and shipping costs
(1) All prices on the Provider's website include the applicable statutory value added tax. Registered businesses are shown a price excluding VAT. The VAT is not included in this case.
(2) Applicable shipping costs are shown to the Customer in the order form and are to be paid by the Customer unless the Customer applies its right of revocation.
(3) The goods are shipped through a parcel service. One delivery can be divided into several parcel pieces. Bulky goods (ventilation devices) are shipped separately through a forwarding agent. The Provider bears the risk arising from shipping if the Customer is a consumer.
If the weight of the goods exceeds 50 kg, the goods cannot be ordered through the web shop. In this case, the goods are shipped through a forwarding agent. The Customer sends enquiries via e-mail, e.g. through a memory list.
(4) If the order is cancelled, the Customer bears the immediate costs of shipping the goods back.
§ 6 Payment terms
(1) The Customer can pay in advance, by credit card (MasterCard, Visa) or via PayPal. For PayPal payments, a fee corresponding to the amount payable, is charged. This fee amounts to 2.0% of the total amount. Registered businesses can pay by invoice, following prior credit assessment.
(2) The Customer can change the payment method chosen in its user account at any time.
(3) The purchase price is due immediately after the contract is concluded. If the invoice due date is determined by the calendar, the Customer shall be considered in delay already by missing the date. In this case the Customer is obliged to pay late interest to the Provider, amounting to 5% (8% for businesses) above the base interest rate.
(4) The payment of late interest by the Customer does not rule out the possibility for the Provider to claim further damage arising from the delay.
§ 7 Warranty for Material Defects, Warranty
(1) The Provider provides a warranty under applicable statutory rules, particularly sections 434 et seq. BGB. The warranty obligation for businesses for goods supplied by the Provider is 12 months.
(2) Extended warranty for the goods supplied by the Provider is only possible if expressly specified in the order confirmation for the respective item.
§ 8 Liability
(1) Customer shall make no claims of damage compensation. Exempt from this rule are damage compensation claims of the Customer arising from loss of life, bodily injury or damage to health and/or from the breach of essential contractual obligations (material obligations) as well as liability for other damage stemming from intended breach of duties or gross negligence of the Provider, its legal representatives or vicarious agents. Material contractual obligations are those needed for achieving the contractual aim.
(2) If material contractual obligations are breached, the Provider is liable only for foreseeable damage typically occurring under this type of contract, if caused by negligence, unless the Customer claims damage compensation arising from loss of life, bodily injury or damage to health.
(3) Damage liability against businesses is limited to €1,000,000 per damage case.
(4) The limitations specified in par. 1 and 2 apply also for statutory representatives and vicarious agents of the Provider if claims are made directly against these.
(5) The provisions of the product liability act remain untouched.
§ 9 Revocation Instruction
(1) Under distance purchase rules, consumers enjoy a general right of revocation which the Provider must inform them about in accordance with an applicable statutory template. Exemptions from the right of revocation are governed in par. (2). A revocation template form in shown in par. (3).
(2) The right of revocation cannot be applied for goods delivery contracts that are not ready made and for goods for the production of which individual selection or specification by the consumer is essential or that are clearly customised to the individual needs of the consumer.
(3) The Provider informs about the revocation form template in accordance with statutory provisions as follows:
Revocation form template
If you want to revoke the contract, complete this form and send it back to us.
Elsner Elektronik GmbH
Fax +49 (0) 70 33 / 30 945-20
— I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following services (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only when sent on paper)
(*) Cross out where inapplicable
§ 10 Data processing instructions
(1) The Provider collects customer data as part of the processing of the contract. The Provider shall particularly comply with the provisions of the Federal Data Protection Act and Telemedia Act. The Provider shall collect, process and use inventory and user data of the Customer without the Customer's consent only to the extent necessary for the contractual relationship and claiming and invoicing telecommunications media.
(2) The Provider will not use Customer data for promotion, market survey and opinion surveys without Customer's consent.
(3) The Customer can check, change or delete the data stored about the Customer at any time by clicking the "Customer Account Profile" and "Directory" buttons in his/her profile. In other instances regarding Customer's consent and other information on data collection, processing and usage, reference will be made to the Data Protection Statement which the Customer can see in a printable format on the Provider's website at any time via the "Data Protection" button. Registered businesses can amend the data stored about them only following a corresponding message. For registered businesses the data will be changed by the Provider following a corresponding message.
§ 11 Online Dispute Resolution in accordance with Article 14, Section 1 ODR-VO
In accordance with the applicable law, we are obligated to inform consumers of the existence of the European Online Dispute Resolution platform (ODR Platform), which can be used for the out-of-court resolution of disputes. The European Commission is responsible for setting up the platform. The European Online Dispute Resolution platform can be found at http://ec.europa.eu/consumers/odr/.
In accordance with section 36 of the German law on consumer dispute resolution (VSBG), we would like to highlight that Elsner Elektronik GmbH is neither obligated nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany applies to the contracts concluded between the Provider and Customer and UN sales law does not apply.
(2) If the Customer is a dealer, legal entity under public law or a public legal entity or a public estate, the court of jurisdiction for all disputes arising from the contractual relationship between the Provider and Customer shall be the seat of the Provider.
(3) The remaining parts of the contract remain binding even if any of its clauses becomes legally ineffective. Statutory provisions, if available, replace the ineffective provisions. The entire contract is void if this would constitute unreasonable hardship of any of the contracting parties.