GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 Scope, customer information
The following general terms and conditions (GTC) regulate the contractual relationship between TechnologyONE Germany e.K. and consumers and entrepreneurs who buy goods via our Shop TechnologyONE Germany. We do not recognize any conditions that conflict with or deviate from our terms and conditions. The contract language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to buy goods.
(2) You can add one or more products to the shopping cart. In the course of the ordering process, you enter your data and wishes regarding payment method, delivery modalities, etc. Only when you click on the order button do you make a binding offer to conclude a purchase contract. You can also place a binding order by telephone or fax.
(3) With the confirmation of receipt sent immediately by e-mail or fax, the acceptance of your offer is also declared and the purchase contract is thus concluded. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound by it.
§ 3 Customer information: Storage of the text of the contract
Your order with details of the concluded contract (e.g. type of product, price, etc.) will be saved by us. We will send you the terms and conditions, but you can access the terms and conditions at any time via our website after the contract has been concluded. As a registered customer, you can access your past orders via the customer login area (I will write the link later).
§ 4 Customer Information: Correction Note
You can correct your entries at any time before submitting the order with the delete key. We will inform you about further correction options on the way through the ordering process. You can also completely end the ordering process at any time by closing the browser window.
§ 5 Customer Information: Code of Conduct
We have submitted to the following code of conduct:
§ 6 Retention of title
The purchase remains our property until full payment.
§ 7 Statutory warranty rights and statute of limitations
(1) Rights to Liability for Defects
Statutory warranty rights exist for our goods.
(2) Restriction of liability rights (warranty) for consumers in the case of used goods
There are two deadlines for your claims for defects, both of which run from the delivery of the used goods to you.
We are reducing the liability period for defects from two years to one year.
However, you can claim defects that occur within this liability period up to the end of the statutory limitation period of two years.
Excluded from the shortening of the liability period are claims for damages, claims due to defects that we have fraudulently concealed, and claims from a guarantee that we may have assumed for the condition of the item. The statutory deadlines apply to these excluded claims. If there is a guarantee period, the longer period applies in favor of the guarantee holder.
(3) Restriction of liability rights (warranty) for entrepreneurs
Your warranty claims due to defects in the purchased item expire one year after the transfer of risk. The following claims are excluded from this regulation
- for damages
- because of fraudulently concealed defects
- from a possibly given guarantee
- for recourse according to §§ 445a, 478 BGB
- because of defects in building materials and components that have been used for a building in accordance with their normal use and have caused its defectiveness.
For these excluded claims, the statutory limitation periods apply. If there is a guarantee period, the longer period applies in favor of the buyer.
§ 8 Limitation of Liability
We exclude liability for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damage from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to give you ownership of it. Furthermore, we have to provide you with the item free of material and legal defects.
§ 9 Commercial place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.
§ 10 Consumer information: Participation in a dispute settlement procedure
We are obliged to take part in a settlement dispute procedure before the consumer arbitration board named below: Universal Federal Arbitration Board - Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl, www.verbraucher-schlichter.de