Our General Business Terms and Conditions
§ 1 Scope and service provider
(1) These General Business Terms and Conditions apply for all orders that you place from the following online shop
Auerswald Präzisionstechnik GmbH
(2) The selection of goods in our online shop is intended solely for buyers who have reached 18 years of age.
(3) Our deliveries, services, and offerings are provided solely on the basis of these General Business Terms and Conditions. The General Business Terms and Conditions for companies therefore apply to any future business relationships, even if they have not yet been explicitly stipulated. The inclusion of a customer’s general business terms and conditions that conflict with our General Business Terms and Conditions shall hereby be rejected.
(4) German shall be the exclusive language of the contract.
§ 2 Contract conclusion
(1) The presentation of goods in the online shop shall not constitute a binding request to conclude a purchasing agreement. Rather, it is a non-binding solicitation to order goods in the online shop.
(2) Upon clicking on the button [“Jetzt zahlungspflichtig bestellen” (Order now with payment obligation)/“kaufen” (buy)], you hereby issue a binding purchase offer (§ 145 BGB [German Civil Code]). Immediately before issuing this order, you can check the order again and correct it, if necessary.
(3) Once the purchase offer has been received, you will receive an automatically generated e-mail, with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute an acceptance of your purchase offer, and it does not yet result in the creation of a Contract.
(4) A purchasing agreement regarding the goods is formed only if we explicitly declare acceptance of the purchase offer (order confirmation) or if we ship the goods to you without explicitly declaring acceptance beforehand. Exception: When paying with prepayment and PayPal, your order is immediately accepted with your order.
§ 3 Prices
The prices stated on the product pages include the statutory VAT and other price components and exclude the respective shipping costs. You can obtain more information on shipping costs on our internet home page under “delivery conditions”.
§ 4 Payment terms; Arrears
(1) Payment can be optionally made in the following ways:
Payment upon retrieval,
Payment upon delivery,
(2) The choice of the available payment methods shall be incumbent upon us. We particularly reserve the right to offer you only selected payment methods for payment, e.g., only prepayment to protect against credit risk.
(3) Upon selecting the prepayment payment type, we shall provide you with our bank account information in the order confirmation. The invoice amount must be transferred to our account within 10 days following receipt of the order confirmation.
(4) Upon payment with cash on delivery, an additional fee amounting to [X] EUR that the deliverer shall charge on site shall be due. There shall be no additional costs and taxes.
(5) Upon payment via credit card, a hold with the purchase price shall be placed on your credit card at the time of the order (authorization). Your credit card account will actually be charged at the time at which we send the goods to you.
(6) When paying with PayPal, you shall be forwarded to the website of online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there and/or first register there, authenticate it with your login data, and confirm the payment to us. Once the order is issued in the shop, we request PayPal to initiate the payment transaction. You will receive additional information during the payment process. Afterwards, the payment transaction is immediately carried out by PayPal automatically.
(7) When paying with direct debit, you may need to bear any costs that arise due to a chargeback for a payment transaction due to an insufficient account balance or due to bank transfer information that you have incorrectly sent.
(8) If you fall in arrears with a payment, you shall be obliged to pay the statutory interest on arrears of 5 percentage points over the base interest rate. For each reminder that is sent to you after the arrears has taken place, you shall be charged a reminder fee of 2.50 EUR unless lower and/or higher damages are substantiated on a case-by-case basis.
§ 5 Offset/right of retention
(1) You shall be entitled to a right of retention only if your counterclaim has been declared legally binding, is not disputed by us or is recognized by us, or is in a close, synallagmatic relationship with our claim.
(2) You may exercise a right of retention only if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; retention of title
(1) Unless otherwise stipulated, the goods are delivered from our warehouse to the address that you have provided.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) By way of exception, we shall not be obliged to deliver the ordered goods if we have properly ordered the goods on our end, but they were not delivered properly or on time (congruent hedging transaction). The prerequisite is that we must not be responsible for the lack of goods availability and that we have immediately informed you about this condition. Furthermore, we may not have assumed the risk of procuring the ordered goods. If the goods are accordingly unavailable, we shall immediately reimburse you any payments that have been made. We shall not assume the risk of having to obtain ordered goods (risk of procurement). This shall also apply when ordering goods that are described only according to their type and characteristics (generic goods). We shall be obliged only to deliver from our goods on hand and the goods that we have ordered from our suppliers.
(4) Furthermore, the following shall also apply if you are an entrepreneur within the meaning of § 14 BGB:
§ 7 Cancellation policy
If you are a consumer within the meaning of § 13 BGB, i.e., you make the purchase for purposes that predominantly cannot be attributed either to your commercial nor to your self-employed activities, you shall have a right of revocation according to the following provisions.
Right of revocation
You have the right to terminate this Contract within fourteen days without giving any reason. The withdrawal period shall constitute fourteen days from the day on which you or a third-party you are familiar with – other than the shipper – has taken or takes possession of the goods.
To assert your right of revocation, you must inform us at
regarding your decision to withdraw from this Contract via an unequivocal statement (e.g., via a letter sent by mail, telefax, or e-mail). Although it is not mandatory, you may use the attached sample withdrawal form to do so.
To comply with the withdrawal period, you merely need to send us the notification of your exercising of the right of withdrawal before expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this Contract, we must refund you any payments that we have received from you – including the delivery costs (with the exception of the additional costs that result from the fact that you have chosen a delivery method other than the standard, low-cost method we have offered) – immediately and no later than within fourteen days as of the day on which we have received the notification of your withdrawal from this Contract. For this refund, we use the same payment method that you have used in the original transaction, unless otherwise explicitly stipulated with you; under no circumstances shall you be charged fees due to this refund.
We may refuse the refund until we have received the goods again or until you have furnished proof that you have returned the goods, depending on which occurs first.
In any case, you must return or surrender the goods immediately – and no later than within fourteen days as of the day on which you inform us of the withdrawal from this Contract – to us or to [where applicable, name and address of a person you authorize to receive the goods]. The time period shall be complied with if you send the goods before expiry of the fourteen-day term.
You shall bear the direct costs of returning the goods.
You must only pay for any loss of value in the goods if this loss of value is due to handling the goods in a manner that is not necessary to inspect the quality, properties, and functionality of the goods.
Sample withdrawal form
(If you wish to withdraw from this Contract, please fill out this form and return it to us.)
End of the cancellation policy
(1) There shall be no right of revocation when delivering the following goods
(2) Please avoid damage and impurities. If possible, please return to us the goods in the original packaging with all the accessories and all the packaging components. If necessary, please use protective repackaging. If you no longer possess the original packaging, please use the appropriate packaging to provide adequate protection from transport damage in order to avoid claims for damages due to damages as a result of faulty packaging.
(3) Before returning, please call us at [Tel. No.] in order to announce the return. By doing so, you allow us to allocate the products as quickly as possible.
(4) Please note that the modalities specified in the preceding paragraphs 2 and 3 are not a requirement for effectively exercising the right of revocation.
§ 8 Transport damage
(1) If goods with apparent transport damage are delivered, please report such faults to the deliverer and please contact us as quickly as possible.
(2) Failing to file a complaint or make contact shall not have any consequences for your legal warranty rights. However, they help us assert our own claims against the carrier and/or transport insurance company.
§ 9 Warranty
(1) Unless otherwise explicitly stipulated, your warranty claims are based on the legal provisions of the purchase right (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the liability duration for warranty claims for used objects – regardless of legal provisions – shall be one year. This limitation shall not apply to claims based on damage resulting from injury to life, limb or health or infringement of an essential contractual obligation whose fulfillment makes it possible in the first place to properly execute this Contract and whose compliance the contractual partner may routinely rely on (cardinal obligation) as well as for claims based on other damage that is based on an intentional or grossly negligent violation of obligation on the part of the user or their vicarious agents.
(3) Otherwise, the legal provisions – particularly the two-year limitation period according to § 438 Para. 1 No. 3 BGB. – shall apply for the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications shall apply:
§ 10 Liability
(1) Unlimited liability: We assume unlimited liability for premeditation and gross negligence and in accordance with the Product Liability Act (Produkthaftungsgesetzes). For light negligence, we assume liability in case of damage arising from injury to life, limb, and the health of persons.
(2) Otherwise, the following limited liability shall apply: In case of slight negligence, we shall be liable only in cases of infringement of an essential contractual obligation whose fulfillment makes it possible in the first place to properly execute the Contract and whose compliance you may routinely rely on (cardinal obligation). Depending on the amount, the liability for slight negligence shall be limited to the foreseeable damage upon contract conclusion that typically must be calculated with its occurrence. This limitation of liability shall also apply to the benefit of our vicarious agents.
§ 11 Alternative dispute resolution
The EU Commission has provided a platform for extrajudicial dispute settlement. This gives consumers the option to initially settle disputes associated with their online order without judicial intervention. The dispute resolution platform can be accessed at the external link http://ec.europa.eu/consumers/odr/. We endeavor to amicably settle any differences of opinion arising from our Contract. Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you to participate in such a process either.
§ 12 Final provisions
(1) Should one or several provisions of these General Terms and Conditions be or become invalid, it shall not affect the validity of the remaining provisions.
(2) Only German law shall be applicable to Contracts between us and yourself, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Mandatory provisions of your usual country of residence shall remain unaffected by the choice of law.
(3) If you are a merchant, legal entity under public law, or special fund under public law, our company headquarters shall be the place of jurisdiction for all disputes arising from or in association with contracts between us and yourself.
Date: March 2020
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4