Terms of service
§ 1 Application
(1) All offers of the company Jentner Plating Technology GmbH, Johann-Staib-Str. 2, D-75179 Pforzheim, Germany (hereinafter referred to as "Seller") are exclusively directed at industry, companies, authorities, public or charitable organizations, associations, Trade and liberal professions who are engaged in the performance of their commercial or independent professional activities when a legal transaction is concluded (§ 14 BGB).
(2) All deliveries, services and offers of the seller are made exclusively on the basis of these general terms and conditions. These are an integral part of all contracts which the seller concludes with his contract partners (hereinafter referred to as "the customer") on the deliveries or services offered by him. They also apply to all future deliveries, services or offers to the customer, even if they are not agreed again separately.
§ 2 Offer and conclusion of contract
(1) Offers and quotations contained in our webshop, brochures, advertisements and other advertising materials do not represent a legally binding offer for the contract, but only a request to the customer to make an offer.
(2) The customer makes a binding offer on the goods contained in his shopping cart when he has completed the online ordering process by entering the required information there and clicking on the "Order" button in the last order step ("place an order"). The individual steps are as follows:
Add product to shopping basket
Press the "Cash" button
Enter the customer data and click the "Next" button.
Change the shipping address or the invoice address; Choose the shipping method and the method of payment; Accept the terms and conditions and click on "order now"
Click on "Order now" to make the order binding.
Print the order, continue shopping or leave the site.
(3) During the ordering process, the customer can modify or delete individual entries by pressing the "Edit" or "Delete" button.
(4) The seller confirms receipt of the customer's order by sending a confirmation e-mail immediately after the ordering process has been completed. With this order confirmation, the seller does not yet accept the offer of the customer. The order confirmation is only for information about your order. If we accept your offer, we will send you an order confirmation by e-mail or by post.
(5) Offers submitted by Jentner by fax, e-mail or letter are binding offers unless Jentner has excluded the binding to the offer. The customer accepts the offer by submitting his acceptance of the offer. Acceptance can be made by fax, e-mail or in writing.
(6) Verbal agreements between the parties to the contract shall be replaced by this contract, unless expressly proving to be binding. Amendments to and amendments to the agreements made, including these General Terms and Conditions, must be made in writing in order to be effective. With the exception of managing directors or authorized signatories, the seller's employees are not entitled to make any verbal agreements that differ from this.
(7) The Seller reserves the title or copyright in all offers and quotations, as well as the drawings, illustrations, calculations, brochures, catalogs, models, samples and other documents made available to the customer.
§ 3 Prices and payment
(1) The prices are valid for the scope of services and delivery listed in the order confirmations. Additional or special services are charged separately. The prices are in EURO from the registered office of the seller plus packaging and shipping, the legal value added tax, for export deliveries duty, fees and other public charges.
(2) The payment shall be made at the customer's choice, cash on delivery, PayPal, direct debit or prepayment. In the case of cash on delivery, we dispatch the goods to the customer after the order confirmation and according to the specified delivery time. The customer pays the purchase price directly to the delivering transport company. For the method of payment direct debit, we deduct the amount after the order confirmation from the bank account of the customer and dispatch the goods according to the indicated delivery time. In the payment method Prepay / PayPal you will receive our bank account / PayPal account with the order confirmation. Payment must be made within 10 business days on our account. After receipt of the transfer on our bank or PayPalk account we dispatch the goods according to the specified delivery time. In order to hedge our credit risk, we reserve the right to exclude certain types of payment in individual cases.
(3) Duties and taxes may be incurred on delivery to Switzerland and outside Europe.
(4) The set-off with Counterclaims by the customer or the retention of payments due to such claims shall only be permitted if the counterclaims are undisputed or legally established.
(5) The seller is entitled to carry out or to deliver any outstanding deliveries or services only against prepayment or security performance, if circumstances become known to him after the conclusion of the contract, which are substantially suitable for the creditworthiness of the customer and through which the payment of the open Claims of the seller by the customer from the respective contractual relationship (including from other individual contracts, to which the same framework contract applies).
(6) Unless precious metal prices are stated in the offer, we use the precious metal prices of the Allgemeine Gold- und Silberscheideanstalt Pforzheim for processed precious metals valid on the day of delivery to the customer. In any case, we are entitled to charge the customer's precious metal prices paid in the cover transaction itself.
§ 4 Delivery and delivery time
(1) Deliveries shall be made ex warehouse of the seller.
(2) Without prejudice to his rights arising from the customer's delay, the vendor can demand from the customer an extension of delivery and performance periods or a shift of delivery and performance dates by the period in which the customer does not meet his contractual obligations towards the seller.
(3) The seller is not liable for the impossibility of the delivery or for delays in delivery, as far as these were caused by force majeure, which the seller is not responsible for. If such events make the delivery or service substantially more difficult or impossible for the seller and the hindrance is not only of temporary duration, the seller is entitled to withdraw from the contract. In this case, the Seller shall notify the Customer without undue delay and immediately refund the consideration. In the case of obstacles of a temporary duration, the delivery or performance periods are extended or the delivery or performance dates are postponed by the period of the hindrance, but by no more than 30 days. If, as a result of the delay, the customer can not be expected to accept the delivery or service, he can withdraw from the contract by means of an immediate written declaration against the seller.
(4) The seller is only entitled to partial deliveries if the partial deliveries are made to the customer within the scope of the contract The delivery of the remaining ordered goods is ensured and the customer will not incur substantial additional costs or additional costs (unless the seller agrees to take over these costs).
(5) If the seller is in arrears with a delivery or service or if a delivery or service is impossible for any reason, the liability of the seller for damages shall be limited in accordance with
§ 7 of these General Terms of Delivery.
§ 5 Place of Performance, Shipping, Packaging, Transfer of Risk, Acceptance
(1) The place of fulfillment for all obligations arising from the contractual relationship shall be Pforzheim unless otherwise specified.
(3) The risk shall be transferred to the freight forwarder, freight carrier or other third party at the latest upon delivery of the delivery item (whereby the commencement of the loading process is decisive) The customer. This also applies if partial deliveries are made or the seller has taken over other services (for example, shipping or installation). If the dispatch or delivery is delayed as a result of a circumstance which is the customer's cause, the risk is transferred from the date on which the seller is ready for dispatch and has indicated this to the customer.
§ 6 Warranty
(1) The warranty period is one year from delivery. The statutory limitation periods for the right of recourse pursuant to § 478 BGB remain unaffected.
(2) The goods delivered must be carefully inspected immediately after delivery to the customer or to the third party designated by him. They shall be deemed approved if the seller has not been notified of a defect in the case of obvious defects or other defects which were recognizable in the case of an immediate and careful investigation within seven working days after delivery of the delivery item or otherwise within seven working days after the discovery of the defect or the date, In which the defect was recognizable to the customer in normal use of the delivery item without closer examination. At the Seller's request, the defective delivery item shall be returned to the Seller free of freight charges. In the event of a justified complaint, the Seller shall pay the costs of the most favorable shipping route; This does not apply as far as
(3) In the event of material defects of the goods delivered, the Seller shall be obliged and entitled to rectify or replace the goods within the reasonable time after the appropriate deadline. In the event of the failure, i.e. The impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the customer can withdraw from the contract or reduce the purchase price appropriately.
(4) If a defect is attributable to the fault of the seller, the customer may demand damages at the lower end of the conditions stipulated in § 7.
(5) The warranty is void if the customer changes the delivery item without the consent of the seller or has it altered by a third party and the rectification of the defect thereby becomes impossible or unreasonable. In any case, the customer shall bear the additional costs arising from the modification of the defect rectification.
(6) A delivery of used items agreed upon with the customer in individual cases is made without any warranty. The special provisions of
§ 7 apply.
§ 7 Liability for compensation due to negligence
(1) Claims for damages by the customer are excluded, unless otherwise specified in the following. The foregoing exclusion of liability also applies to the Seller's legal representatives and vicarious agents, provided that the customer asserts claims against him.
(2) The liability for damages arising out of a breach of life, body, health and claims for damages resulting from the violation of essential contractual obligations shall be excluded from the exclusion of liability under section 7 para. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Liability for damage caused by an intentional or grossly negligent breach of duty on the part of the seller, his legal representatives or vicarious agents is excluded from the exclusion of liability.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 8 Retention of title
(1) The seller reserves the title to the goods until the full settlement of all claims arising from a current business relationship. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we are obliged to release the reserved goods.
(2) The customer is entitled to resell the goods in the ordinary course of business. The customer already assigns to the vendor all claims in the amount of the invoice amount, which is due to him by the resale against a third party. The seller accepts the assignment. After the assignment, the customer is authorized to collect the claim. The seller reserves the right to collect the claim himself as soon as the customer fails to meet his payment obligations properly and is in default of payment. The processing and processing of the goods by the customer always takes place in the name and order for us. If the goods are processed by the customer, the seller acquires co-ownership of the new item in relation to the value of the goods delivered by us. The same applies if the goods are processed or mixed by the customer with other objects not belonging to us. (3) If third parties access the reserved goods, in particular by attachment, the customer shall immediately notify the seller of the property and inform the seller thereof in order to enable him to enforce his property rights. If the third party is not able to reimburse the seller for the judicial or extrajudicial costs arising in this connection, the customer is liable to the seller.
§ 9 Data protection
A detailed data protection declaration can be found on our website www.galvano-shop24.de.
§ 10 Danger of Damage
The stated use of the products may, of course, only be carried out in compliance with the respective applicable laws, regulations, directives and the like. (TRGS), Technical Rules for Flammable Liquids (TRbF), German Regulations for Hazardous Substances (GefStoffV), Ordinance on Hazardous Substances (GefStoffV), Ordinance on Hazardous Substances (Gefahrstoffverordnung;
§ 11 Final provisions
(1) If the customer is a merchant, a legal person of public law or a public special fund, exclusive jurisdiction for all disputes arising from this contract is our place of business
(2) The relations between the seller and the customer are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.