General terms and conditions of ariston Vertriebs GmbH
- General – Scope
1.1
The terms and conditions apply to all current and future business relationships.
1.2
Consumers i. S. d. Terms and conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them. Entrepreneur i. S. d. Terms and conditions are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, who act in the exercise of a commercial or independent professional activity. Customer i. S. d. Conditions are both consumers and entrepreneurs.
1.3
Deviating, conflicting or supplementary general terms and conditions, even if known, do not become part of the contract, unless their validity is expressly approved in writing.
- Conclusion of contract
2.1
Our offers are subject to change. Technical changes and changes in shape, color and / or weight are reserved within reason.
2.2
By ordering goods, the customer makes a binding declaration that they want to purchase the goods ordered. We are entitled to accept the contract offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivering the goods to the customer.
2.3
If the consumer orders the goods electronically, we will confirm receipt of the order immediately. The confirmation of receipt does not yet constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
2.4
The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, especially when a congruent hedging transaction is concluded with our supplier. The customer will be informed immediately of the unavailability of the service. The consideration will be refunded immediately.
2.5
If the consumer orders the goods electronically, the text of the contract will be saved by us and sent to the customer by e-mail along with the present terms and conditions.
- Retention of title
3.1
In contracts with consumers, we reserve ownership of the goods until full payment of the purchase price. In contracts with entrepreneurs, we reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full.
3.2
The customer is required to handle the product with care. If maintenance and inspection work is required, the customer must carry this out regularly at his own expense.
3.3
The customer is obliged to notify us immediately of third-party access to the goods, for example in the event of a seizure, as well as any damage or destruction of the goods. The customer must notify us immediately of a change of ownership of the goods and of a change of residence.
3.4
We are entitled to withdraw from the contract if the customer behaves contrary to the contract, in particular in the event of a delay in payment or in the event of a breach of an obligation pursuant to sections 3 and 4 of this provision, and to demand the return of the goods.
3.5
The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns to us all claims in the amount of the invoice amount that accrue from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to meet his payment obligations properly and is in default.
3.6
The processing and processing of the goods by the entrepreneur is always done in our name and on our behalf. If processing takes place with objects that do not belong to us, we acquire co-ownership of the new item in relation to the value of the goods delivered by us to the other processed objects. The same applies if the goods are mixed with other objects that do not belong to us.
- Right of withdrawal and return in distance selling transactions
4.1
The consumer has the right to withdraw his declaration of intent towards the conclusion of the contract within two weeks after receipt of the goods. The revocation must be declared in text form or by returning the goods to the seller.
4.2
When exercising the right of withdrawal, the consumer is obliged to return the goods if the goods can be sent by parcel. The cost of the return is borne by the consumer when exercising the right of cancellation for an order value of up to EUR 40, unless the goods delivered do not correspond to the goods ordered. If the order value exceeds EUR 40, the consumer does not have to bear the costs of the return.
4.3
The consumer has to compensate for any deterioration caused by the intended use of the goods. The consumer may carefully and carefully inspect the goods. The consumer has to bear the loss in value, which, due to the use going beyond the mere examination, means that the goods can no longer be sold as “new”.
- Remuneration
5.1
The offered purchase price is binding. The purchase price includes the VAT. In the case of mail order purchases, the purchase price is plus a flat rate for packaging and shipping costs of at least EUR 15.00.
The customer does not incur any additional costs when ordering by using the long-distance communication means.
5.2
The customer undertakes to pay the purchase price immediately upon receipt of the goods, unless another payment term has been agreed. During the delay, the consumer has to pay interest on the debt in the amount of 5 percentage points above the base rate. During the delay, the entrepreneur has to pay interest on the debt in the amount of 8 percentage points above the base rate. We reserve the right to demonstrate and assert greater damage caused by delay to the entrepreneur.
5.3
The customer has the right to offset only if his counterclaims have been legally established or have been recognized by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
- Transfer of risk
6.1
Unless otherwise agreed in writing, the place of performance is the registered office of ariston Vertriebs GmbH in Berlin.
6.2
If a delivery is made at the customer’s request, the specified delivery dates are subject to change. The delivery takes place exclusively at the request and account of the buyer.
6.3
If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods is transferred to the buyer upon delivery, in the case of a mail order purchase upon delivery of the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
6.4
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the thing sold, even in the case of a mail order purchase, only passes to the buyer when the item is handed over.
6.5
The handover is the same if the buyer is in default of acceptance.
- Warranty
7.1
For defects in the goods, we initially provide a guarantee of our choice through rectification or replacement delivery.
7.2
If the supplementary performance fails, the customer can in principle choose between a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). In the event of a minor breach of contract, especially in the case of only minor defects, the customer has no right of withdrawal.
7.3
The customer must immediately notify us of any obvious defects in writing; Otherwise the assertion of warranty claims is excluded. The customer bears the burden of proof for the time when the defect was discovered.
7.4
Modified or specially made goods as well as PC software are generally excluded from return.
7.5
If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to claim compensation for the defect. If the customer chooses compensation after failed subsequent performance, the goods remain with the customer if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have maliciously caused the breach of contract.
7.6
For entrepreneurs, the warranty period is one year from delivery of the goods.
For consumers, the limitation period is two years from delivery of the goods.
For used items, the limitation period is one year from delivery of the goods.
This does not apply if the customer has not notified us of the defect in good time (Section 4 of this provision).
7.7
If the buyer is an entrepreneur, only the manufacturer’s product description is considered to be the agreed quality of the goods. In addition, public statements, promotions or advertising by the manufacturer do not constitute a contractual specification of the quality of the goods.
7.8
If the customer receives faulty assembly instructions, we are only obliged to deliver faultless assembly instructions and only if the deficiency in the assembly instructions prevents proper assembly.
7.9
The customer does not receive any guarantees in the legal sense from us. Manufacturer guarantees remain unaffected.
- Final provisions
8.1
The law of the Federal Republic of Germany.
8.2
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer has no general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the lawsuit is filed.
8.3
Should individual provisions of the contract with the customer, including these general terms and conditions, be or become wholly or partially ineffective, this does not affect the validity of the remaining provisions. The completely or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to the ineffective one.