General Terms and Conditions of wireless netcontrol GmbH
§ 1 General
- Contracting party in terms of the following terms and conditions is the party who enters into business relations with wireless netcontrol GmbH.
- The purchase contract comes off by delivery of your order, or by sending an order confirmation.
- For all mutual claims arising from and in connection with a contract between the customer and wireless netcontrol GmbH, these General Terms and Conditions always apply in their version valid at the time of the respective conclusion of the contract. Other conditions do not become part of the contract, even if wireless netcontrol GmbH does not expressly contradict you.
§ 2 contract language
- The contract language is german.
§ 3 scope
- Offers, deliveries and services of wireless netcontrol GmbH are made exclusively on the basis of these general terms and conditions. These also apply to future contractual relationships, even if they are not expressly agreed again.
- The general terms and conditions of wireless netcontrol GmbH are given to the customer when making the offer. By setting the checkmark on the order page the acknowledgment of the right of withdrawal and the terms and conditions is confirmed.
- Counter-confirmations of the buyer with reference to his business or purchase conditions are hereby contradicted. Deviations from the general terms and conditions of wireless netcontrol GmbH are only effective if agreed in writing.
§ 4 offer, conclusion of contract
- The offers of wireless netcontrol GmbH are non-binding. A contract is only concluded with an order confirmation by wireless netcontrol GmbH, but not with an order by the buyer.
- As a rule, prices quoted in offers are valid for 30 days.
- Contract modifications are to be treated as termination of contract in agreement with the subsequent conclusion of a new contract.
- Verbal side agreements to the contract are considered as not met. The written form is binding on the contracting parties.
§ 5 prices
- For the delivery the prices apply at the time of the order. The pricing in the online shop is in EURO, including VAT at the statutory rate. Costs for shipping and transport insurance are listed separately.
- In addition to the net price for the goods, the shipping costs as well as the VAT valid at the time of invoicing are indicated on the invoice.
§ 6 delivery, acceptance
- The delivery dates are given to the best of our knowledge, but are not binding for wireless netcontrol GmbH, unless this is expressly agreed in writing.
- Delivery and performance delay due to force majeure or due to events that make the delivery and service much more difficult or impossible, is not the wireless netcontrol GmbH - even for written appointments - not responsible. In this case, the buyer will allow a reasonable delay extended by the duration of the disability. In such a case, wireless netcontrol GmbH can also withdraw from the contract in whole or in part.
- Wireless netcontrol GmbH is entitled at any time to carry out partial deliveries or partial services and to charge for them.
- Delivery area for online shop orders: Exclusively to delivery addresses in Germany.
§ 7 shipping and transfer of risk
- The products of wireless netcontrol GmbH are packaged in a commercial manner and shipped. The risk of shipping passes to the buyer, in case of sending it to a consumer i.S.d. §§ 13, 474 BGB, however, only upon handover - if necessary by the person carrying out the transport - to the latter as soon as a consignment has left wireless netcontrol GmbH. The choice of the transport company is made by wireless netcontrol GmbH.
- The consignee of the consignment has to inform the wireless netcontrol GmbH immediately about possible shipping damages, otherwise the insurance services of the transport company may be lost.
- A transport insurance is provided at the request and invoice of the buyer and requires a prior written agreement.
§ 8 terms of payment
- Unless otherwise agreed, invoices of wireless netcontrol GmbH are payable 14 days after invoicing without deduction. Payments are deemed to have been made as soon as wireless netcontrol GmbH has the money.
- Wireless netcontrol GmbH is entitled to credit payments initially for any existing old debts. Possibly. Any other provisions of the buyer are hereby rejected.
- In the event of default, wireless netcontrol GmbH is entitled to charge interest in the amount of the current account interest rate for overdraft facilities. The interest rate is then set lower if the buyer proves a lower burden.
- The buyer is only entitled to offsetting, retention or reduction - even if complaints or counterclaims are asserted - if a final decision or an undisputed situation exists.
- Terms of payment Onlineshop: The customer can pay exclusively by Paypal. By agreement of the payment method PayPal you will be automatically forwarded to the secure payment form of PayPal after sending your order. If you already have a PayPal account, just log in. Otherwise, click on Account Setup and follow the instructions.
§ 9 warranty
- Wireless netcontrol GmbH guarantees that the products are free of material and legal defects according to §§ 434, 435 BGB at the time of transfer of risk.
- The warranty for products of wireless netcontrol GmbH is 24 months and starts with the delivery date. The buyer has to report a lack of warranty of wireless netcontrol GmbH immediately.
- There is no warranty defect if the product was used contrary to the usage and safety regulations of the manufacturer or if these were not observed. Likewise, a warranty is excluded if the device has been opened or changed technically.
- The warranty includes provision and installation of necessary spare parts at the manufacturer's factory; For this purpose the product is to be delivered free of charge to the manufacturer.
- Warranty claims from the use of the product and normal wear and tear are excluded.
- In the event of data loss, wireless netcontrol GmbH is only liable if the customer has regularly backed up the data at least once a day. Otherwise, with the exception of cases of intent or gross negligence, the liability of wireless netcontrol GmbH is excluded.
- Other warranty claims of any kind - in particular from the risk of failure or consequential damage - are excluded.
§ 10 Disposal of the products after the end of the service life
- The customer will dispose of the delivered equipment at the end of the use at his expense and in accordance with the statutory provisions. For this purpose, wireless netcontrol GmbH is released from the obligation to take back the goods as well as third-party claims in this regard (§10 II ElektroG).
- It is agreed that claims for assumption of manufacturer obligations and indemnification of claims of third parties will not expire before the expiration of 12 months after the final termination of the use of the equipment. This period begins at the earliest on receipt of a written notice from the manufacturer about the termination of use.
- In the case of a transfer of equipment to commercial third parties, the customer undertakes to oblige these third parties to properly dispose of the equipment after the end of use, to bear the related costs and to impose a disclosure obligation in the event of redistribution. Violations lead to the customer's obligation to take back, dispose of and bear the costs of the equipment in question.
§ 11 withdrawal
- The customer may, if he is a consumer within the meaning of § 13 BGB, his contract within fourteen days without giving reasons in writing, or - if the case before the deadline is - revoked by returning the goods. For a repayment, we will use the same form of payment that you used in the original transaction, unless otherwise agreed with you.
- We can refuse the refund until we get the goods back. The following conditions must be met: The goods must be returned to us unused, undamaged and completely.
- The period begins after receipt of this instruction in writing, but not before receipt of the goods at the recipient and not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312 e Abs 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.
- The revocation must be sent to: wireless netcontrol GmbH, Berliner Strasse 4a, 16540 Hohen Neuendorf, Fax: +49 (0) 3303 409-691, Mail: firstname.lastname@example.org End of the cancellation policy.
§ 12 retention of title
- The goods delivered by wireless netcontrol GmbH remain our property until the complete payment of all claims - even if they are claims from previous deliveries - (reserved goods). A claim of the buyer from the resale of the goods is already assigned to the wireless netcontrol GmbH and the buyer may dispose of the goods only under this extended retention of title.
- The buyer is not entitled to pledge or assign as collateral the goods subject to extended retention of title. In the case of access by third parties - especially bailiffs - to the reserved goods, the buyer will point out the ownership rights of wireless netcontrol GmbH and notify them immediately.
- In case of default, wireless netcontrol GmbH is entitled to take back the reserved goods at their expense. This withdrawal as well as a seizure of the reserved goods by wireless netcontrol GmbH does not constitute a withdrawal from the contract.
§ 13 privacy, Confidentiality
- Your data will be stored in our EDP for the speedy and error-free processing of your order. The treatment of the data provided is in accordance with the provisions of the Federal Data Protection Act and the Telemedia Act.
- Wireless netcontrol GmbH is entitled to collect, process and use the data arising in connection with the contractual relationship within the meaning of the Federal Data Protection Act in its currently valid version.
- Wireless netcontrol GmbH will not pass on data and information obtained from customers to third parties. For the client, a corresponding obligation applies to wireless netcontrol GmbH.
§ 14 trademarks
- Wireless netcontrol GmbH points out that the trade names, brand names or logos mentioned in contracts or publications belong to the respective manufacturing companies.
§ 15 limitation of liability
- Unless deliberate or grossly negligent action is present, claims for damages against wireless netcontrol GmbH as well as against vicarious agents of performance of the contract (distributors, subcontractors) are excluded.
- For consequential damages resulting from failure of a delivered product, there is basically no liability. The buyer has to secure himself in a suitable manner.
- Each liability is limited to the damage foreseeable at the time of conclusion of the contract and to be specified by the buyer.
§16 applicable law, jurisdiction, partial nullity
- Neuruppin is the place of jurisdiction for all contracts concluded with wireless netcontrol GmbH. The law of the Federal Republic of Germany.
- Should provisions in these terms and conditions be or become ineffective, this shall not affect the validity of all other provisions. In place of the ineffective provisions are those which come closest to the intended contract in the legally permissible sense.
Hohen Neuendorf, 12 of October, 2016