Conditions
General terms and conditions of business
For the online shop under the URL
https://shop.esi-prueftechnik.de/
operated by
ESI Prüftechnik GmbH
An den Kiesgruben 54
73240 Wendlingen
E-Mail: shop@esi-prueftechnik.de
- Below: provider -
1. Scope
According to their involvement, these general terms and conditions (AGI) apply to all contractual conclusions about the acquisition of goods, services or other goods (hereinafter "goods") in the online shop under the above URL in their version valid at the time the contract is concluded. These terms and conditions apply exclusively. Deviating terms and conditions of the customer do not become part of the contract, unless the provider expressly agrees.
2. Contract conclusion
2.1 The offers in the online shop represent a non-binding request from the provider to online shop visitors to submit an offer to acquire the goods offered in the shop.
2.2 The order is ordered using the provider's online order form. After selecting the desired goods (s), entering all queried mandatory information and the passage through all other mandatory steps in the ordering process, the selected goods can be ordered by pressing the order button at the end of the checkout page (order). By ordering, the customer gives a binding contract offer to acquire the selected goods. The contract is concluded by accepting the customer's offer. The acceptance is carried out by confirming the conclusion of the contract in writing or text form (e.g. by email) (order confirmation) and receiving this order confirmation to the customer or by supplying the ordered goods and receiving the customer or by Requests to the customer for payment (e.g. invoice or credit card payment in the order process) and the payment request for the customer is approaching; The time in which one of the alternatives mentioned in the first half -sentence occurs for the first time is decisive for the time of the conclusion of the contract.
2.3 Before the order is binding via the provider's online order form, the customer can check its entries and correct it at any time via the usual keyboard, mouse, touch or other available input functions. In addition, all inputs are displayed again in a confirmation window before the order is binding and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.
2.4 The provider will save the contract text after the conclusion of the contract and send the customer into text form (e.g. by email). The provider does not access the contract text. If the purchase has been made via a customer account in the online shop, the customer can view its orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English
3. Right of withdrawal for consumers
Consumers are generally entitled to a right of withdrawal for contracts concluded outside of business premises and with distance contracts. Consumer is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. Details can be found in the cancellation policy, which is made available to each consumer at the latest before the contract is concluded.
4. Payment, delay
4.1 The prices listed at the time of ordering in the online shop apply. All prices apply including the statutory VAT and, plus the shipping costs listed. The customer is informed about the available payment options in the provider's online shop.
4.2 If “prepayment” is agreed, the purchase price is due immediately after the contract is concluded.
4.3 If "purchase on account/invoice purchase" has been agreed, the payment is due immediately after the contract has been concluded, unless a different payment term was specified in the invoice or in the purchase process.
4.4 If payment has been made by credit or debit card, the purchase price is due immediately after the contract is concluded.
4.5 If the payment is agreed via "PayPal", the purchase price is due immediately after the contract is concluded. Payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.6 If "Sofortüberweisung" is agreed, the purchase price is due immediately after the contract is concluded. Payment processing takes place via SOFORT GmbH, Theresienhöhe 12, 80339 Munich.
5. Reference to title
The purchased goods remain the property of the provider until the purchase price is paid in full.
6. Delivery and self -delivery reservation
6.1 Subject to deviating agreements, delivery takes place within the delivery time specified in the online shop to the delivery address provided by the customer. The current delivery times can be found in the online shop.
6.2 In the case of forwarding deliveries, the delivery is subject to deviating agreements "Free curbs".
6.3 A pick -up of the acquired goods is excluded.
6.4 If the provider cannot deliver the ordered goods because it was not supplied without his own fault, even though he has completed a congruent cover business with a reliable supplier in good time, the provider will be released from his obligation to perform and can withdraw from the contract. The provider is obliged to immediately inform the customer about the impossibility of the performance fulfillment. The contractual partner already provided will be reimbursed immediately. Mandatory consumer law remains unaffected by the present paragraph.
7. Warranty
The provisions of the statutory liability for defects apply.
8. Liability
8.1 The provider is indisputable:
- for damage from the violation of life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damage based on an intentional or grossly negligent breach of duty by the provider or on a deliberate or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- Due to a promise of guarantee, unless there was any other regulation;
- based on mandatory liability (e.g. according to the Product Liability Act)
8.2 If the provider negligently violates an essential contractual obligation, its liability is limited to the typical, predictable damage, unless in accordance with the above paragraph is laid out. Essential contractual obligations are obligations, which the contract imposes on the provider to achieve the purpose of the contract according to its content, the fulfillment of which enables the proper execution of the contract in the first place and that the customer can regularly trust.
8.3 For the rest, liability of the provider and the liability of his vicarious agents and legal representatives is excluded.
9. Data protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. The provider's data protection declaration can be found in more details.
10. Final provisions
10.1 The right of the Federal Republic of Germany, to the exclusion of the UN sales law, is applicable, provided that this choice of law does not lead to a consumer with a common stay in the EU, thereby depriving the law of the law of his country of residence.
10.2 If the customer is a businessman, a legal entity under public law or a special fund under public law, the court is responsible at the seat of the provider, unless an exclusive place of jurisdiction is justified for the dispute. This also applies if the customer has no residence within the European Union. The seat of our company can be found in the heading of these terms and conditions.
10.3 Insofar as a provision of this contract is or is or is incompatible, the other provisions of this contract remain unaffected.
11. Information on online dispute resolution / consumer classification
The provider is not willing or obliged to take part in dispute settlement procedures in front of a consumer arbitration board.
Our email address can be found in the heading of these terms and conditions.