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General Terms and Conditions |
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I. General |
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II. Scope |
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1. |
The following terms and conditions apply to all electronically, by telephone, by fax, by letter or e-mail to SQUARIX GmbH submitted orders by customers and are recognized with each order by the customer. |
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2. |
We execute an order according to the valid terms and conditions at the time of order The terms and conditions in their current version are available on our website www.nickeltest.com under " Service - Conditions ". [We will also send you Our terms and conditions with the order confirmation to.] In case of doubt, our terms and conditions published on the Internet expressly reserves the right to change the terms and conditions are not part of the contract, unless their validity is expressly agreed in writing The formular reference to terms and conditions of the customer is contradicted. |
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3. |
During the ordering process there is the risk of inconclusive, erroneous transmission to the customer. |
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4. |
The sale of the goods offered by SQUARIX is only in commercial quantities. |
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III. Conclusion of Contract / Right of Withdrawal |
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1. |
SQUARIX GmbH is entitled to accept the order or the delivery confirmation email within 7 days from receipt of the order or by delivery of the goods.A receipt confirmation email, which is automatically generated by the system immediately after receipt of the customer's order is not a binding acceptance of the order by SQUARIX. The acceptance of the order is subject to the availability of goods. |
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(With the order confirmation we will send you the contract text as well as these general terms and conditions). |
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IV. Retention of title / right of retention |
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1. |
Delivered goods remain our property until full payment. |
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V. Prices, delivery, shipping costs, customs duties and return costs |
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1. |
The prices listed on the Internet at the time of the order apply. |
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2. |
Within Germany, we normally deliver within two working days of receipt of the order, but this delivery time is not binding, for shipping to other countries the average delivery time can be obtained from us. |
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3. |
Any applicable taxes and delivery costs will be included in the online order, but not possible import duties (customs duties) .All these costs are to be borne by the customer. |
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4. |
In case of the exercise of his right of withdrawal, the customer has to bear the costs of the return if the goods delivered correspond to those ordered, the price of the goods to be returned does not exceed 40 euros or the customer is higher Price of the thing at the time of withdrawal has not yet delivered the consideration. |
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VI Shipping and Transfer of Risk |
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The dispatch from work or distribution warehouse shall be carried out at the expense of the buyer Ship way and manner of dispatch shall be determined by us We shall only be obliged to receive a transport insurance, if instructed in detail, so by the buyer in writing, the buyer shall bear the costs of this insurance. |
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The transfer of risk to the buyer takes place as soon as the goods have been handed over to the transport contractor, or leave our factory or distribution warehouse for the purpose of dispatch, which is also valid if we - in addition to the exception - additional Organizing services, for example, carriage prepaid the delivery, transfer to the buyer's premises, etc. In particular, we are not responsible for the modification or expiration of the goods during transport or resulting from improper storage Having notified that the goods are ready for despatch or collection, if the buyer does not have the goods delivered or collects them in spite of ours, the risk will be duly set by the buyer to do so; Danger takes place at the beginning of the day following the day on which the appointment expired. |
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VII. Warranty |
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It is a precondition for the execution of claims based on a defect that the buyer has carried out his responsibilities to investigate and complain under § 377 of the German Commercial Code ("Handelsgesetzbuch"- " HGB ") correctly and completely. |
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We are responsible for the impeccability of the goods according to the state of the art.
Properties of samples and samples, as well as any claims regarding the condition of the goods, are considered to be only a consensus about the quality, if they have been agreed in detail as determination of the condition of the goods.
Otherwise, they are non-binding and do not release the buyer from their own inspection of the goods as to their suitability for his purposes. We neither grant guarantees with the content of a debt-free debt nor any other kind of guarantees of quality and permanence in the legal sense. |
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We are not responsible for any damage caused by improper storage of our products and / or their application against the regulations - for example application after the expiration of their life on board or against the direction of the use - or as far as they have been caused by the buyer in any other way. |
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Overriding use- by data does not entitle the purchaser to claims of any kind, but is deemed to be the usual condition, which is not the case if the time between handover date and use - by the Date is less than four (4) calendar weeks. |
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We will be liable only for damages as far as we attributed attributable to the intent or gross negligence (disregard for the expected care and attention to a very harsh extent), except in case of violation of material contractual Obligations (obligations whose fulfillment enables the proper execution of the contract and whose compliance the contractual partner can regularly rely on) In this latter case we are responsible for any negligence with the restriction of & minus, in case of breach of material contractual Tasks of negligence - our liability is limited to the damage that is normally predictable. |
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If we have not breached any material contractual obligations in the sense mentioned above, we shall not be liable in cases of minor negligence. Unforsaken by any limitation of liability contained in these General Terms and Conditions They: liability for intent, malice, initial disability, gross negligence, liability resulting from a guarantee (which, however, we generally do not grant), personal injury and other cases of legally binding liability - in these cases the statutory law (under the exclusion of the terms and conditions of our contractual partner). |
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The provisions of this clause guarantee / liability are valid for our contractual liability as well as liability, which results from actionable offense (unaffected thereby the action remains for the possession in the case of the actionable offense after the legal restriction, § took place 852 German civil law ("Bürgerliches Gesetzbuch [BGB]")). |
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As far as our liability is excluded or limited, this shall also apply to the personal liability of our agents, employees and vicarious agents and our liability for them. |
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9. |
To the extent that our goods contain defects for which we, the buyer, are responsible, we must be afforded the opportunity to perform subsequent performance within a term of generally two (2) calendar weeks prior to asserting his further rights If this subsequent performance fails twice in case of our refusal, or if subsequent performance is impossible, unreasonably delayed or becomes unreasonable for the buyer due to other reasons, the buyer may - according to his choice - execute his other legal rights, namely repeal or the Reduction of the purchase price by and (with respect to defects for which we are responsible) the claim of possibly occurred damages or compensation for the possible useless consumption by which our liability is limited according to the previous regulations. |
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VIII. Burden of proof / export |
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None of the terms of these General Terms and Conditions are intended to modify the burden of proof. |
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We are not responsible for the accuracy of the information regarding foreign & minus trade that we provide to our best conscience; it is the buyer's responsibility to evaluate the obedience of foreign & minus; trade regulations regarding our products themselves. |
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Should any of the terms of our Terms and Conditions be ineffective and / or incomplete, the validity of the other Regulations shall remain unaffected. |
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IX Law and Jurisdiction |
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German law applies, excluding the UN Sales Convention. |
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Jurisdiction in business dealings with entrepreneurs is D-45768 Marl. We are also entitled, at our discretion, to sue at the customer's place of residence. |
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X. Terms of payment |
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We accept payments either by delivery in advance, cash on delivery or on account. |
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compensation and retention rights are excluded, unless the counterclaim of the customer is undisputed or legally established. |
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XI.Tradition on the right of withdrawal for distance contracts |
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Withdrawal: You can cancel your contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the case before the deadline - by returning the goods The period begins after receipt of this instruction in writing, but not before receipt of the goods at the recipient (in the case of recurrent delivery of similar goods not before receipt of the first partial delivery) and not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and our obligations pursuant to § 312e (1) sentence 1 BGB in conjunction with Article 246 § 3 of the EGBGB (German Civil Code) In order to safeguard the withdrawal period, the cancellation or the item must be sent in good time.
SQUARIX GmbH, Elbestr. 10, 45768 Marl, Germany |
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Consequences of revocation: In the case of an effective revocation, the mutually received benefits are to be returned and any benefits (eg interest) surrendered.If the customer can not return the received performance in whole or in part or only in a deteriorated condition, he must The customer has to bear the cost of the return if the delivered goods correspond to the ordered, the price of the returned item does not exceed an amount of 40 euros or the customer at a higher price of the thing at the time of withdrawal Otherwise, the return is free for the customer Obligations to reimburse payments must be fulfilled within 30 days.The period begins with the sending of the revocation or the thing for us with their receipt. |
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