1. Scope of application
2. Offers and definitions of services
3. Ordering procedure; Negotiation of contract
4. Prices and dispatch charges
5. Delivery; Availability of goods
6. Provisions of payment
7. Reservation of ownership
8. Assurance of freedom from defects; Guarantee
10. Storage of contract text
11. Concluding provisions
1.1. The business relationship in place between Primosensor GmbH, Lagerstraße 11, 64807 Dieburg (hereinafter referred to as the “Vendor”) and the Customer (hereinafter referred to as the “Customer”) is subject exclusively to the following General Terms of Business in the version applicable on the date of any order.
1.2. Our Product Support can be contacted for any questions, claims or complaints on working days between 9 AM and 5 PM, by calling +49 6071 63467-50, and by email on email@example.com.
1.3. A “Consumer” for purposes of these General Terms of Business means any individual person who negotiates a transaction for a purpose which does not relate either to the person’s business activity or freelance business (refer § 13 BGB (=German Civil Code)).
1.4. None of the Customer’s own conditions are recognised if they deviate from our own, unless expressly approved by the Vendor.
The display of products in the online shop does not constitute any legally-binding offer, but is rather an invitation to issue a purchase order. No assurance or guarantee is implied by the function descriptions in the Vendor’s catalogues and websites.
Unless otherwise indicated for the respective products, all offers are applicable “subject to available stocks”. Furthermore, the possibility of errors is reserved.
3.1. The Customer can make a non-binding selection from the Vendor’s product range and collect them in a “cart” by pressing the “add to cart” button. Within the cart, the selection of products can be changed – and this includes deleting it. Next, the Customer, within the “cart” context, can press the “go to checkout” button in order to move on towards completing the order procedure.
3.2. By pressing the “order and pay” button, the Customer is issuing a binding request to buy the goods in his/her cart. Before the order is sent, the Customer can change and examine the details at any time, and use the browser’s “back” function to return to his/her cart or to discontinue the order procedure altogether. An asterisk (*) means that this information is required.
3.3. The Vendor then sends to the Customer an automatic “order confirmation” email in which the Customer’s order is reviewed and which the Customer can have printed using the “print” function (order confirmation). The sole function of the automatic confirmation of receipt is to place it on record that the Customer’s order has reached the Vendor. It does not constitute acceptance of the (Customer’s) request. The purchase contract only takes effect once the Vendor (within 2 days) has sent the ordered product to the Customer or handed it over to the Customer or (within two days) has sent the Customer a second email expressly confirming the order or presenting the invoice.
3.4. If the Vendor needs to approve advance payment, then the contract takes effect once the bank details have been processed and the payment request has been produced. If payment – although due – has still not reached the Vendor, despite a fresh request, by 10 calendar days after the order confirmation was sent, then the Vendor will withdraw from the contract with the result that the order is cancelled and that the Vendor is not subject to any obligation to supply. In that event, the order is cancelled for both the Purchaser and the Vendor, with no further action required. Consequently an item can be reserved for a maximum of 10 calendar days, if booked with payment in advance.
4.1. All prices which are indicated on the Vendor’s website are applicable subject to the addition of VAT at the statutory rate applicable at the time.
4.2. The Vendor makes an additional charge to cover the dispatch costs for the consignment. Dispatch costs are clearly indicated to the Purchaser on a separate information page during the order procedure.
5.1. Where advance payment has been agreed upon, delivery will take place upon receipt of the amount to be charged.
5.2. Should it prove impossible to deliver the goods as the purchaser’s fault, despite three attempts at delivery, then the Vendor may withdraw from the contract. In that case, any payments made will be promptly reimbursed to the Customer.
5.3. If the ordered product is not available because the Vendor – through no fault of its own – does not receive deliveries of the product from its own provider, then the Vendor may withdraw from the contract. In that case, the Vendor will promptly notify the Customer and – where applicable – offer the Customer a similar, available product. If no similar product is available or if the Customer does not wish to receive any similar product, then the Vendor may, where appropriate, reimburse the Customer for any corresponding payments already made.
5.4. Customers will be notified of the delivery times and of any hold-ups in delivery (e.g. where deliveries to certain countries are restricted) either on a separate information page or within the specific description for the product.
6.1. In the context of the ordering procedure, and before it is completed, the Customer can choose between the types of payment available. A separate information page shows customers the available payment options.
6.2. If payment on account is possible, then payment must be settled within 30 days after the goods and the invoice have been received. For all other payment arrangements, payment must be made net and in advance.
6.3. If third-party providers such as PayPal are instructed to process the payment, then their respective general terms of business will apply.
6.4. If the due date for payment is determined according to a calendar day, then the Customer is deemed to have incurred arrears in payment as soon as the corresponding date has been missed. In that event, the Customer is required to pay interest in lieu of delay at the statutory rate.
6.5. The Customer’s obligation to pay interest in lieu of delay does not exclude the Vendor’s right to claim further compensation.
6.6. The right of offset is available only if the Customer’s own counterclaims have been confirmed in Court or have been acknowledged by the Vendor. A right of retention can be exercised to the extent that the Customer’s own claims are based on one and the same contractual relationship.
The Vendor reserves ownership of delivered goods until payment has been made in full.
8.1. The guarantee is determined according to legal regulations.
8.2. Goods supplied by the Vendor are covered by guarantee only by specific undertaking to that effect. Before the order procedure starts, customers are informed of the guarantee conditions.
9.1. The following liability exclusions & limits apply in respect of the Vendor’s liability. This does not affect other statutory requirements concerning entitlement to claim.
9.2. The Vendor is subject to unlimited liability if the loss arose because of wilful or gross negligence.
9.3. Furthermore, the Vendor is liable for moderately negligent infringements of cardinal obligations which will jeopardise the achievement of the purpose of the contract, and will also be liable for the infringement of any obligations whose fulfilment is a key requirement for the normal execution of the contract, and which the Customer would normally expect to rely on. In that event, however, the Vendor will be liable only for the types of loss which might conceivably be expected to arise in such cases. The Vendor is not liable for moderately negligent breaches of contract further to the obligations outlined above.
9.4. These liability limitations do not apply in cases of fatality, physical injury and damage to health, nor to any fault arising after the provision of guarantee for product characteristics, nor to deliberately concealed faults. This does not affect liability under product liability regulations.
9.5. Where the Vendor’s liability is excluded or restricted, then the same will apply concerning the personal liability of employees, representatives and agents.
10.1. Before issuing any order to the Vendor, the Customer can print out the text of the contract by using the print function in the browser at the final stage of the ordering process.
10.2. Furthermore, the Vendor sends to the Customer (at the email address given by the Customer) a confirmation of order which includes all of the order details. Upon confirmation of the order — but in any event no later than by the time of delivery of the goods — the Customer will also receive a copy of our General Terms of Business together with the details of the right of contestation and the details of dispatch costs, delivery conditions and payment conditions. If you have registered with our shop, then you can visit your profile to look at the orders you’ve issued. We also store the contract text, but without making it accessible on the Internet.
11.1. The place of jurisdiction and fulfilment is the Vendor’s place of business if the customer is a business entity, a legal entity under public law or a special fund under public law.
11.2. The language of contract is German.
11.3. European Commission platform for online dispute resolution (German abbreviation=OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not prepared and not required to participate in any dispute resolution proceedings conducted with a consumer resolution office.
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