(1) For any business relations between the:
SAREX Communications e.K. Alexander Muth,
Kiefernblick 28, 03042 Cottbus, Germany
Phone: +49 355 75216494
EU VAT ID: DE302107662
Commercial Register: Cottbus Local Court HRA 3126 CB
(hereinafter referred to as "schutztechnik.com") and you (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply in their respective valid version, which shall also apply to all future related legal transactions with the Customer.
Deviating terms and conditions of the customer are excluded, unless schutztechnik.com has expressly agreed to them in writing. The exclusion of the validity of deviating terms and conditions shall also apply if schutztechnik.com confirms and realizes a customer order despite knowledge of the deviating customer conditions.
(2) The range of goods offered in the online store of schutztechnik.com is exclusively directed to customers who are to be regarded as entrepreneurs in the sense of § 14 para. 1 BGB (German Civil Code), i.e. who act in the exercise of their commercial or independent professional activity when concluding the contract, and to special funds under public law in accordance with §310 para. 1 BGB (German Civil Code) as well as legal entities. Orders by consumers are invalid and will not be executed. The right of revocation according to § 312g BGB and the transfer of risk for consumers according to § 13 BGB do not apply.
(3) The product presentation in the online store of schutztechnik.com offers a non-binding catalog of a selection of goods, and does not provide a legally binding offer. By clicking on the button "Buy" the customer confirms the binding order of all goods in the shopping cart and thus submits a legally binding offer. The subsequent electronic confirmation letter sent by schutztechnik.com does not constitute an acceptance of the contract. The contract is only concluded by the separate order confirmation by schutztechnik.com, which can be accepted within two weeks.
The general terms and conditions and the order data are transferred to the customer via e-mail. The customer has the possibility to view previous orders in his login area. If schutztechnik.com does not confirm the order, schutztechnik.com rejects the customer's order and no contract is concluded.
(4) Schutztechnik.com reserves the right not to provide the promised service in case of unavailability of the goods, even after the conclusion of the contract, although an obligation transaction has been concluded. Any consideration paid by the customer up to that point will be refunded immediately and the customer will be informed immediately by e-mail. Any further claims against schutztechnik.com are excluded.
(5) Schutztechnik.com is obliged according to § 6a Abs. 4 UStG to check the information of the customer with the "care of a prudent businessman". The negative result of this check, even after the conclusion of the contract, leads to not providing the promised service, although an obligation transaction was concluded. Up to then provided consideration of the customer will be refunded immediately and the customer will be informed immediately via e-mail. Any further claims against schutztechnik.com are excluded.
The negative result of the check of the customer occurs among others, but not exclusively, if:
- the customer is a consumer according to § 13 BGB (German Civil Code),
- the customer cannot prove a valid value added tax identification number (USt-IdNr.) for EU resident entrepreneurs as well as a valid company identification number (UID) for legal persons and legal entities resident in Switzerland,
- the possibly imposed payment by prepayment via bank transfer or prepayment via credit card is not made in full or not made at all.
(6) Contractual languages are German and English.
(7) Using the everyday function of his internet browser, the customer goes through the following technical steps in the ordering process of the online store of schutztechnik.com:
- Desired products are added to the shopping cart via the button: "ADD TO SHOPPING CART" and temporarily stored there.
- By clicking on the buttons "TO CHECKOUT" or "Shopping Cart", the customer is redirected to the general order overview page (shopping cart). From here on, the purchase steps described below are followed:
Purchase step 1:
- - Checking and adjusting the products and quantities in the shopping cart
- - Possibility to enter special notes to schutztechnik.com
- - For non-German EU customers only: Entry of VAT identification number for electronic preliminary check of eligibility for a tax-free intra-Community supply.
- - Confirmation of the order summary page by clicking on the button "TO CHECKOUT".
Purchase step 2:
- - If already logged in as a customer: Redirection to the "Review order" page
- - If not yet registered: Prompt to register and redirect to the "Review Order" page or Prompt to register "Create Account" and then redirect to the "Review Order" page.
Purchase step 3:
- - Verification and possible adjustment of the e-mail address, payment method, billing and shipping address, shipping costs, subtotal and total by the customer.
- - Click on the "Buy" button to confirm the binding order by the customer.
§2 Delivery and delivery times
(1) Delivery is always at the risk of the customer.
(2) Companies not located in Germany undertake to confirm in writing the "Certification of the entry of the object of an intra-Community supply into another EU Member State (Entry Certificate)" handed over by schutztechnik.com within 5 working days after receipt of the goods at the delivery address and to hand it over to schutztechnik.com via mail.
(3) Packaging shall become the property of the customer and shall not be taken back.
(4) The delivery periods of the order confirmation by schutztechnik.com apply. Goods available from stock will be delivered with a delivery time of 3 to 4 days from the schutztechnik.com order confirmation and within Germany.
(5) The delivery period begins with the receipt of full payment to schutztechnik.com.
(6) The customer is obliged to ensure the acceptance of the delivery. Schutztechnik.com is entitled to charge the customer for additional expenses and resulting damages due to violated obligations to cooperate.
(7) Several ordered items with different delivery time are shipped in one complete delivery. The resulting delivery time is therefore based on the article with the longest delivery time. Separate agreements on partial deliveries require the written consent of schutztechnik.com.
§3 Payment methods, prices and terms of payment
(1) The following methods of payment shall apply on the stated terms of payment:
(a) On account via bank transfer: The customer can choose the payment method "On account" in the order process. Upon order confirmation by schutztechnik.com, the customer will receive an invoice. Payment of invoices must be made within 30 days of the invoice date. Payments are always made to the bank account indicated on the invoice. In case of prompt payment within 10 days from the date of invoice, schutztechnik.com grants a 2% discount.
For late payment schutztechnik.com charges interest on arrears at a rate of 8% above the base interest rate.
Schutztechnik.com has the right to require full prepayment in the case of "payment on account" and to set the receipt of payment as a condition for the shipment of the goods.
(b) Prepayment via credit card: The customer can choose the payment method "credit card" in the ordering process. By clicking on the button "BUY" the total amount is reserved on the credit card. Upon order confirmation by schutztechnik.com, the customer will receive an invoice and the credit card will be charged.
Other payment methods are not permitted.
(2) The prices of the selection of goods in the catalog are net prices, on which the applicable statutory value added tax and costs for packaging and transport are additionally payable by the customer.
(3) Deliveries not to Germany but to foreign countries may result in further customs duties, taxes or fees which must be paid by the customer, but not by schutztechnik.com, to the customs and tax authorities responsible there. We recommend that the customer clarify all details with customs or tax authorities before placing the order.
(4) Since prices, especially for electronic components, are subject to extreme price fluctuations in some cases, schutztechnik.com endeavors to pass on reductions in the market price to the customer. Increased transport costs, customs duties, fees and charges can also drive up the market price considerably. Schutztechnik.com is entitled to pass on price increases to the customer. This is done on the basis of the price list valid on the day of the customer's order. In case of occurred price increases schutztechnik.com will inform the customer. The business customer is not bound to his offer, unless he confirms the price change communicated to him.
(5) Any ongoing business relationship between schutztechnik.com and the customer is always based on individual orders, which do not allow mutual offsetting, unless legally obtained claims or additional agreements confirmed in writing are recognized by schutztechnik.com. The commercial right of retention regulated in §369 HGB is excluded.
(6) The customer bears the risk of foreign currencies against the euro from the conclusion of the contract until payment, if the purchase price is not calculated in euros.
§4 Transfer of risk
The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
§5 Retention of title
According to §§ 158, 449 BGB, the goods remain the property of schutztechnik.com until full payment, including existing subsidiary claims and open claims against the customer, has been made by the customer.
§6 Warranty and defects
(1) The warranty period is one year from the date of delivery. If acceptance is required, the warranty shall apply from acceptance. The aforementioned period shall not apply to claims for damages by the customer arising from injury to health, body or life or from grossly negligent or intentional breaches of duty by the customer or any vicarious agents, which shall be governed by statutory provisions. The agreement on quality shall have priority over objective requirements in the case of material defects.
(2) The customer or a third party designated by him examines received goods immediately and carefully upon receipt. Existing defects will be reported by the customer immediately and at the latest within one week to schutztechnik.com in the form of a written notice of defect (e-mail: email@example.com). If the written notice of defects is not received within one week of receipt, the goods shall be deemed to have been approved by the purchaser, even if there are obvious defects or defects that can be detected by careful examination. For all other defects, a notice of defect must be received by schutztechnik.com within one week from the time the defect became apparent, otherwise the delivered goods are considered approved by the customer. The earlier date for the start of the period for the receipt of the notice of defects is the date on which the defect was obvious during normal use. The exact time of receipt of goods and the performance of an incoming goods inspection, as well as the content thereof, shall be documented by the Customer. The customer is obliged to hand over the documentation at the request of schutztechnik.com, so that schutztechnik.com is in a position to prove its own obligations to notify defects to its third party supplier. A delivery item which is the subject of a complaint shall be returned to schutztechnik.com carriage paid at the request of schutztechnik.com. If the notice of defect is justified, the customer shall receive compensation in the amount of the most favorable shipping method. If the delivery item is not at the place of intended use, the resulting increase in costs will not be reimbursed by schutztechnik.com.
(3) The customer has the right and the obligation to choose, after a reasonable period of time, first a rectification of defects or a replacement delivery. If replacement delivery or rectification fails due to refusal, unreasonableness, impossibility or unreasonable delay of the rectification, the customer shall be entitled to withdraw from the contract.
(4) If schutztechnik.com is responsible for a defect, the customer can claim damages under certain conditions. These certain conditions are specified in § 7.
(5) In case of defects of products or components of other manufacturers, which schutztechnik.com cannot remove due to actual or licensing reasons, schutztechnik.com has the choice to assert its warranty claims against the manufacturers and suppliers for the account of the customer or to assign them to the customer. Such defects do not lead to warranty claims against schutztechnik.com if a judicial enforcement of the aforementioned claims against manufacturers or suppliers is futile or unsuccessful. The statute of limitations of the relevant warranty claims of the customer against schutztechnik.com, is suspended for the duration of the legal dispute.
(6) If the customer or a third party changes the delivery item without the consent of schutztechnik.com and if this makes the removal of the defect unreasonable or impossible, the warranty is void. Additional costs incurred by the change are to be borne by the customer in any case.
(7) Should schutztechnik.com agree with the customer on the delivery of used goods, this is done under exclusion of any warranty for material defects.
(8) Schutztechnik.com usually sells without manufacturer's warranty. Should an explicit manufacturer's warranty nevertheless be agreed for a delivery, a claim against schutztechnik.com requires a prior written assertion of the warranty claims against the corresponding manufacturer.
§7 Liability and compensation
(1) The liability of schutztechnik.com, regardless of the legal reason, in particular due to breach of duties arising from the obligation, impossibility, defective or incorrect delivery, delay, breach of contract, breach of duties in contract negotiations and tort is limited, according to this §7, insofar as it depends in each case on fault.
(2) In the case of simple negligence schutztechnik.com is not liable, even if this was caused by legal representatives, employees or other vicarious agents of schutztechnik.com. This does not apply to the violation of essential contractual obligations. Essential contractual obligations are:
- the obligation of timely delivery
- the freedom from defects of title of the delivery
- the freedom from such material defects which impair usability or functionality more than insignificantly, as well as duties of protection, care or consultation which are necessary for the contractual use of the delivery item by the customer or which are intended to protect the property from significant damage to the customer.
(3) Should schutztechnik.com be liable for damages according to § 7 (2), this liability is limited to damages which schutztechnik.com foresaw at the time of conclusion of the contract in the form of a possible consequence of a breach of contract or which schutztechnik.com should have foreseen when exercising due care. Consequential damages and indirect damages as a result of defects of the delivery, will only be compensated if these damages are typically to be expected when using the delivery condition as intended.
(4) Data of the customer must be verifiably backed up regularly and on a daily basis, otherwise liability in case of data loss is excluded. In this case, the liability for data loss is limited to a maximum of the effort to restore using a backup copy of the customer, unless schutztechnik.com has caused the loss of the data intentionally or through gross negligence. Otherwise, liability is excluded.
(5) Even if it is a violation of essential contractual obligations, in the case of liability for simple negligence, schutztechnik.com's obligation to pay compensation for property damage and resulting further financial losses is limited to an amount of € 1,000 per case of damage.
(6) Consulting activities and the provision of information by schutztechnik.com, which are not part of the owed, contractually agreed scope of services, are provided free of charge and thus under exclusion of any liability, insofar as this is legally permissible.
(7) All mentioned limitations of liability as well as exclusions of liability are valid to the same extent in favor of legal representatives, employees and other vicarious agents of schutztechnik.com.
(8) The limitations mentioned in this § 7 do not apply to the liability of schutztechnik.com with regard to intentional conduct, for guaranteed characteristics, for injury to life, body or health or according to the Product Liability Act.
§8 Export regulations
(1) The export regulations of Germany, the EU and the USA apply to the export of goods from the Federal Republic of Germany. These must be complied with by the customer. If the customer requires necessary export licenses or documents, these shall be at his expense and must be obtained independently.
(2) If the export is refused, the customer is not entitled to withdraw from the contract or to claim damages.
§9 Place of jurisdiction, place of performance
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction; however, we shall also be entitled to sue the customer at the court of his place of residence.
(2)The law of the Federal Republic of Germany shall apply exclusively; the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
(3) Unless otherwise stated in the order confirmation, the place of performance shall be the registered office of schutztechnik.com.
§10 Alternative Dispute Resolution
schutztechnik.com is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and is generally not prepared to do so.
§11 Final provision
Should any of these provisions - for whatever reason - not be applicable, this shall not affect the validity of the remaining provisions.
SAREX Communications, 01.02.2023