Standard Contract Terms
2. Conclusion of the Contract
3. Prices - Payment
4. Passage of risk and warranties
5. Reservation of Title
6. Data Protection
7. Restrictions on Liability
8. Revocation and Obligation to return the Goods
§ 1 Preamble
The following standard contract terms shall apply to all deliveries and offers of T&D Messtechnik GmbH. Counter-confirmations of the customer with reference to its own standard or sales terms and conditions are hereby objected to.
Consumer in terms of these standard contract terms is any natural person who enters into a legal transaction for a purpose which can be attributed neither to his/her commercial or independent professional activities. Merchant is every natural person, legal entity or partnership capable of holding rights, which enters into a legal transaction for a purpose which can be attributed to its commercial or independent professional activities.
§ 2 Conclusion of the Contract
The order of a customer is an offer to enter into a purchase contract. The purchase contract is accomplished as soon as you have finished the online order.
We are entitled to accept the order within 2 weeks with a confirmation or even send the order within two weeks. Only the confirmation of the order or the delivery of the order fulfil the contract.
§ 3 Prices, Payment
Unless otherwise agreed, all invoices by T&D Messtechnik GmbH shall be payable immediately without any deductions.
T&D Messtechnik GmbH hereby reserves the right to fill the order only with a payment in advance in individual.
Costs which arise as a result of reversing a payment transaction for lack of funds or as a result of data transmitted incorrectly by the customer shall be charged to the customer.
A delivery can take place only with separate confirmation for authorities, schools and other public buildings. If nothing changes after the confirmation of order, the purchase price (without any further discount) is due within 10 days starting from invoice date for payment. As a conclusion of a delayed payment legal rules will apply.
§ 4 Passage of risk and warranties
The customer of T&D Messtechnik GmbH have all legal warranty rights.
The customer receives the legal guarantee, a warranty of 2 years.
§ 5 Reservation of Title
All items delivered by T&D Messtechnik GmbH remain its property until such items have been paid in full and all claims resulting from the transaction have been met. This shall also apply to conditional claims.
§ 6 Data Protection
Our data protection procedures are in conformity with the Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG) and the Telemedia Act (Telemediengesetz – TMG).
The customer hereby agrees that T&D Messtechnik GmbH may process, store and evaluate, the customer data which it receives in connection with the business relationship.
T&D Messtechnik GmbH shall use the customer’s E-Mail address only for information letters which accompany the orders, - if the customer does not disagree - for customer care purposes and, if desired by the customer, for its own newsletters.
T&D Messtechnik GmbH shall not forward any personal customer data to any third parties. An exemption hereto exists for such service partners which require the transfer or data to process its orders. In these cases, the scope of the transmitted data shall be restricted to the necessary minimum.
The customer shall be informed about and be given the opportunity to correct, block and delete his/her personal data. If judicial or contractual keeping obligations exist or any other judicial reasons oppose to a deletion, the data will be blocked.
§ 7 Restrictions on Liability
These standard terms and conditions contain all rights and obligations of the contract parties. If the customer is a merchant or does not reside within the European Union, our company seat shall be the exclusive venue for all legal disputes between the contract parties, including all lawsuits in connection with bills of exchange and cheques.
The laws of the Federal Republic of Germany shall exclusively apply. The provisions of the UN Convention on the International Sale of Goods shall not apply. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions.
In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties will try to replace invalid provisions by such provisions which are valid and come closest to the commercial purpose intended by the parties. The following restrictions on liability shall not apply to damage which occurs as a result of intentional acts or gross negligence or damage to life, body or health.
Irrespective of their legal basis claims for damages which are directed either against T&D Messtechnik GmbH or its agents shall be limited to the amount which T&D Messtechnik GmbH reasonably expected to receive at the conclusion of the contract. Where the damage does not result from the violation of an essential contractual obligation, the amount of damages shall be limited to a maximum amount of ten times the contractual value. The customer shall be responsible for the safe storage of its data. T&D Messtechnik GmbH is only liable for those expenses, which are necessary for the recovery of data presuming regular backups undertaken by the customer.
§ 8 Revocation and Obligation to return the Goods
If the customer is consumer he/she may revoke his/her declaration to conclude a sales contract within a period of four weeks in textual form (e.g. by online return form, letter, E-Mail, facsimile) without stating a reason or by returning the goods. The term commences at the earliest upon receipt of the goods and of this declaration in textual form. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be addressed to:
T&D Messtechnik GmbH
per Fax: +49 211 - 336 73 90
per Mail: firstname.lastname@example.org
In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued shall be released. If the consumer is unable to return the received goods either in total or in part or only in deteriorated condition, the consumer shall indemnify T&D Messtechnik GmbH for the loss in value, if applicable. This shall not apply in the event that the deterioration of the surrendered goods is due to the inspection of the goods – as it would have been possible in a shop. The consumer may, moreover, avoid such liability of indemnification if he refrains from using the goods as if he owned them and further refrains from any action that would diminish the value of the goods.
Goods capable of being sent by parcel will be on request of the consumer collected from him or shall be sent back. The consumer shall bear the costs of the return shipment if the goods delivered are as ordered and the value of the returned product does not exceed € 40,- or if in case of a higher value of the product the consumer has at the time of the revocation not performed the return service or the agreed partial payment. Otherwise T&D Messtechnik GmbH shall bear in case of a valid revocation the costs for the return shipment.
-End of Revocation and Obligation to return the Goods.