I. General Terms and Conditions
Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (August Handel GmbH) via the www.trommelberg.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
Conclusion of the contract
(1) The object of the contract is the sale of goods and/or the provision of repair services.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
- The goods and/or repair services intended for purchase are stored in the „shopping basket“. You can call up the „shopping basket“ via the corresponding button in the navigation bar and make changes there at any time.
- After accessing the „Checkout“ page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
- If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
- If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online shop.
- Before submitting the order, you have the option of checking all details again, changing them (also via the „back“ function of the Internet browser) or cancelling the purchase.
- By sending the order via the „Buy“ button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your enquiry regarding the preparation of a quotation is non-binding for you. We will send you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
Service provision for repairs
(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We shall carry out this work to the best of our knowledge and belief, either personally or through third parties.
(2) You are obliged to co-operate, in particular you must describe the existing defect in the device as comprehensively as possible and make the defective device available.
(3) You bear the costs for sending the defective device to us.
Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
Guarantee
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.
Choice of law, place of fulfilment, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is filed. This does not affect the right to bring an action before a court at another statutory place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
Identity of the seller
August Handel GmbH
Ahornstraße 12
14959 Trebbin, Germany
Telephone: 01735132956
E-mail: info@augusthandel.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions „Conclusion of the contract“ of our General Terms and Conditions (Part I.).
Contract language, contract text storage
3.1 The contractual language is German. .
3.2 The complete text of the contract is not saved by us. Before sending the order via the online shopping basket system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contractual data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
Codes of conduct
4.1 We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
Prices and payment methods
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
6.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4 Any costs incurred for the transfer of money (bank transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
6.6 Unless otherwise stated in the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
Terms of delivery
7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
Statutory liability for defects
Liability for defects is governed by the „Warranty“ provision in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were created by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.
last update: 19.11.2018
