Terms & Conditions

Terms & Conditions

1. Scope of application

2. Conclusion of contract

3. Right of Withdrawal

4. Prices and Conditions of Payment

5. Terms of delivery

6. Retention of title

7. Liability for Defects

8. Applicable Law

9. Code of Conduct

 

1) Scope of application

1.1 These Terms and Conditions of the company AFB Elektronik oHG (hereinafter referred to as ”Seller”) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as ”Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these General Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity. An entrepreneur pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

 

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. In addition to ordering on our web site, you can phonefax or mail us your orders.

2.3 The Seller may accept the Client's offer within five days

  • by transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
  • by requesting the Client to pay after he/she placed his/her order.

 

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

 

2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.

2.5 The contract will be stored by the seller and sent to the customer after dispatch of the order, together with these Terms and customer information in writing (eg e-mail, fax or letter). In addition, the text of the treaty on the seller's website is archived and can be downloaded free of charge from the customer via his password protected customer, specifying the login information, unless the customer has created an account in the online shop of the seller before submitting his order.

2.6 Before binding the order, the customer can correct his entries using the standard keyboard and mouse functions. Furthermore, all entries before the mandatory delivery of the order will be displayed once in a confirmation window and can be corrected by means of the standard keyboard and mouse functions.

2.7 The German language is agreed exclusively for the contract.

2.8 The order processing and the customer contact will be performed usually by e-mail, and automated order processing. The customer must ensure that his designated for order processing e-mail address is correct, so that to this address sent emails from the seller can be received. In particular, the customer has to ensure that independently of the use of spam filters, he is able to receive all emails delivered by the Seller or by third parties entrusted with the order handling.

 

3) Right of Withdrawal

Provided that a Customer is consumer he shall have a right of withdrawal in accordance with the relevant statutory provisions and paras. 

4) Prices and Conditions of Payment

4.1 All prices indicated by the Seller are final prices including the legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4..2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.

4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop .

4.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.

4.5 If you choose to pay delivery on account of the purchase price is due after the goods have been delivered and invoiced . In this case, the purchase price within 14 ( fourteen) days shall be paid after receipt of invoice , unless otherwise agreed. The seller reserves the right to invoice perform a credit check when selecting the payment method delivery and refuse this payment method with negative credit check.

4.6 With payment on invoice the invoice amount is due on the date mentioned in the invoice (14 calendar days after the invoice date) and has to be paid to our external partner BillSAFE (PayPal) PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxemburg. Payment on invoice is not available for all offers and requires a successful credit check by PayPal. If payment on invoice is available to you for certain offers after the credit check, the clearing of the payment follows in cooperation with BillSAFE (PayPal) to which we assign our receivables. In this case you can only pay to BillSAFE (PayPal) with debt-discharging effect. With payment on invoice we remain responsible for general customer's inquiries (e.g. about the product, delivery time, shipping), returns, complaints, revocations or credits. The general terms and conditions of BillSAFE (PayPal) are applicable.

 

5) Terms of delivery

5.1 The delivery of goods is carried out regularly by the shipping routes and to the delivery address specified by the customer. During completion of the transaction, the shipping address specified in the purchase from the vendor is instrumental. Notwithstanding this, if Paypal is selected by the at the time of payment the customer delivery address held at PayPal will be used.

5.2 If the shipping company sends the goods back to the seller because a delivery to the customer has not been possible , the customer bears the cost of the failed delivery. This does not apply if he was not responsible for the circumstance which has led to delivery being impossible or when he was temporarily prevented from accepting a service offered, unless the Seller had advised of the service a reasonable time in advance.

5.3 For collection, the Seller will inform the customer first by e-mail that the goods ordered by him are available for collection. After receiving this email, the customer can pick up the goods by arrangement with the Seller, at the Seller's location. In this case, no shipping costs will be calculated.

 

6) Retention of title

Seller reserves full rights of ownership for all goods delivered until the amounts invoiced have been paid in full. 

 

7) Liability for Defects

If there is a defect of the goods, the statutory provisions apply.

 

8)  Applicable Law

The law of the Federal Republic of Germany under exclusion of the laws on the international sale of goods shall apply to all legal relationships between the parties. For customers, these laws shall only apply insofar as the protection granted is not revoked by mandatory provisions of the laws of the State in which the consumer has their habitual residence.

If the customer is a merchant, legal entity under public law or public law special fund established in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is established outside the territory of the Federal Republic of Germany, the place of business of the seller the is the exclusive jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the trade or profession of the customer. The seller is entitled , however, in the above cases, in each case , to call the Court at the location of the customer.

 

9) Code of Conduct

"The Seller is subject to the Trusted Shops quality criteria that can be viewed on the internet at

http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html."

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