General terms and conditions -as of 2020- of EDERTAL ELEKTROMOTOREN GMBH & CO. KG
No Warranty for a correct translation!
Lerchenweg 1
34590 Wabern
Tel.: 05683-314
Fax: 05683-7925
Email: info@edertal-elektromotoren.de
Commercial register entry:-Co.KG-District Court of Fritzlar(HR A 11278
-GmbH-District Court of Kassel(HR B 8386)
VAT ID no. : DE813784013
1) General provisions The following terms and conditions (GTCs) apply to end consumers and commercial customers, to all deliveries and all other services, such as individual/custom-made products and services. Additional agreements and changes to these (Terms and Conditions) must be in writing. Differing terms and conditions of our business partners that have not been expressly acknowledged are non-binding, even if we do not expressly object to them. We deliver exclusively in accordance with our business and delivery conditions, even if there is an objection to our general terms and conditions, the buyer accepts this when accepting/receiving the goods.
2) Offer Our offers are subject to change and non-binding until final confirmation. We do not guarantee that the goods we offer will actually be deliverable and at the prices stated. Information on technical properties and descriptions of the products should only be viewed as non-binding information. If a delivery cannot be used due to incorrect, unclear or incomplete information provided by the purchaser, the purchaser bears the full risk. All claims for damages are excluded here.
3) ContentThe images and texts in our offer only serve to illustrate the products, so images/colors may differ from the original and the article text may contain errors. As the author, we assume no liability whatsoever as to the correctness or topicality of the information provided. Liability claims or complaints of any kind against us as the author regarding the content of this website are excluded.
4) PricesThe prices valid on the day of the order apply, unless otherwise agreed in writing, plus the statutory VAT. The price does not include delivery and shipping costs. We are entitled to pass on price increases from our suppliers or currency fluctuations. In the event of typographical/printing or calculation errors or other errors on the website/online shop or in the store, we are entitled to withdraw from the contract without the customer having any claims as a result.
5) Terms of payment and delivery Payment and delivery are made in advance to an account specified by us. Packaging and shipping costs are borne by the buyer. Packaging and shipping are at our discretion and are carried out at the customer’s expense. We only ship on behalf of the customer and are not liable for shipping damage. The customer must always clarify this with the respective shipping service provider themselves. Customs clearance costs: There are customs clearance costs in non-EU countries. In such cases, the net value of the goods will be calculated plus packaging and shipping costs. Customs or import fees will be charged once the delivery reaches the destination country. Customs and other fees are borne by the purchaser. By completing the ordering process, the customer undertakes to pay the costs incurred for customs clearance/customs clearance. Edertal Elektromotoren GmbH & Co. KG has no knowledge of the amount and cannot estimate it. Customs regulations vary from country to country.
6) Transport damageIf a package arrives damaged, the customer must open the package in the presence of the carrier/delivery/parcel courier, determine the damage and have a damage confirmation issued. Unfortunately, without this it is not possible to settle the claim. In the event of hidden transport damage that can only be discovered after the package has been opened, a report of the damage must be made immediately to the responsible sender/carrier (e.g. UPS or GLS) and reported to us in writing within eight days of receipt of the goods. Furthermore, as already described in 5): We only ship on behalf of the customer and are not liable for shipping damage. The customer must always clarify this with the respective shipping service provider himself.
7) Withdrawal In cases of force majeure or other unforeseeable and circumstances beyond our control, such as operational disruptions, strikes, lockouts, official interventions, energy supply difficulties at Edertal Elektromotoren GmbH & Co. KG, its suppliers and vicarious agents, we are entitled to do so for the duration of the disruption and in one subsequent reasonable time frame to deliver the goods. If the duration of the delay or non-delivery by our supplier is longer than 8 weeks beyond the stated non-binding delivery period, customers can withdraw from the contract. Compensation for damages due to late delivery or non-delivery is excluded.
8) Retention of titleThe goods remain the property of Edertal Elektromotoren GmbH & Co. KG until full payment has been made.
9) Refusal of acceptance or non-collection If the goods are not accepted on time, we are entitled to deliver the goods or to withdraw from the part of the contract that is still in arrears and to demand compensation for non-fulfillment. In the latter case, we can in any case demand 50% of the purchase price without proof of expenses. If the ordered goods are not picked up, the deposit paid will expire after 6 months at the latest.
10) Right of cancellation and return
10.1) Private customerThe consumer has a right of cancellation according to § 355 BGB or a right of return according to § 356 BGB. The consumer can revoke the contract within 2 weeks without giving reasons. The period begins when the customer has been informed of his right of withdrawal and has received the goods/services/partial delivery. The revocation can be made expressly, for example by email, letter, fax or by returning the goods. The deadline is met if it is sent on time; the time of receipt is irrelevant. If the customer is only made aware of the right of cancellation after the contract has been concluded, a cancellation period of one month applies. Consequence of cancellation In the event of an effective cancellation, the services received by both parties must be returned and, if applicable, any benefits (e.g. interest) surrendered. If you cannot return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This does not apply to the transfer of items if the deterioration of the item can be attributed solely to checking it, as would have been possible in a store. Furthermore, you can avoid the obligation to pay compensation by not using the item as an owner and refraining from anything that would impair its value. Returns must be sent back at the customer’s expense and risk. If you return a delivery of goods, you must bear the costs of the return if the goods delivered correspond to those ordered. In this case we are entitled to charge a fee of 15% of the item purchase price. Otherwise, the return is free for you. Cancellation is excluded in accordance with Section 312d Paragraph 4 of the German Civil Code (BGB) for goods that were manufactured according to the customer's specific wishes If the contract is also concluded verbally/in writing on site at our business premises, the right of withdrawal and return no longer applies.
11) Other contract conclusions will apply in addition to these General Terms and Conditions and the general rules for purchase and work contracts apply. However, returns of individual and custom-made products are also excluded in these cases.
12) WarrantyIf the goods are defective or lack guaranteed properties or if they become defective within the warranty period due to manufacturing or material defects, we will deliver a replacement or make improvements. In the event of 3 failed replacement deliveries or repairs, you can, at your discretion, request a reduction in the purchase price or cancellation of the contract. The warranty period is one year. However, obvious defects must be reported in writing within 8 days of delivery, otherwise the warranty will expire. If damage is caused to the delivered goods due to improper assembly or use, the warranty will of course expire. Goods that have been mechanically/electrically processed/modified by the customer are generally excluded from liability and complaints.
13) DataWe would like to point out that we store personal data within the framework of legal regulations. We would also like to point out your right to information in accordance with data protection regulations.14) Place of jurisdiction German law applies exclusively. The place of performance is the headquarters of Edertal Elektromotoren GmbH & Co. KG (Fritzlar). For business customers, the place of jurisdiction is the registered office of Edertal Elektromotoren GmbH & Co. KG.
15) Final provisionIf a provision of our General Terms and Conditions is ineffective, this will not affect the effectiveness of the other provisions. The invalid provision will then be replaced by one that corresponds as closely as possible to the provision to be replaced.
Disclaimer
16) Liability for content The contents of our pages were created with the greatest care. However, we cannot guarantee that the content is correct, complete or up-to-date. As a service provider, we are responsible for our own content on these pages in accordance with general laws in accordance with Section 7 Paragraph 1 TMG. However, according to Sections 8 to 10 TMG, as a service provider we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general law remain unaffected. However, liability in this regard is only possible from the time of knowledge of a specific legal violation. If we become aware of any corresponding legal violations, we will immediately remove this content. Liability for links Our offer contains links to external third-party websites over whose content we have no influence. We therefore cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not apparent at the time of linking. However, permanent control of the content of the linked pages is unreasonable without concrete evidence of a legal violation. If we become aware of legal violations, we will remove such links immediately.
17) CopyrightThe content and works on these pages created by the site operators are subject to German copyright law. Reproduction, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use. If the content on this site was not created by the operator, the copyrights of third parties are respected. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you notify us accordingly. If we become aware of legal violations, we will immediately remove such content. The company name and brand Edertal Elektromotoren GmbH & Co. KG and the associated brand and company logo are legally protected trademarks. Use may only occur with express reference to this, other use only with express written permission from us.
18) Data protection The use of our website is generally possible without providing personal data. As far as personal data (e.g. name, address or e-mail addresses) is collected on our pages, this is always done on a voluntary basis, as far as possible. This data will not be passed on to third parties without your express consent. We would like to point out that data transmission over the Internet (e.g. when communicating via email) can have security gaps. Complete protection of data from access by third parties is not possible. The use of contact details published as part of the imprint obligation by third parties to send unsolicited advertising and information materials is hereby expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, such as spam emails.
