GENERAL TERMS AND CONDITIONS
1. AREA OF APPLICATION
The following terms and conditions in the version in force at the time of the order exclusively apply to all business relations between ENERGETIX GmbH & Co.KG, hereinafter called ENERGETIX, and the ordering party. We do not recognise other terms and conditions without our prior written agreement.
2. CONTRACTUAL PARTNERS
ENERGETIX concludes contracts on the supply of goods exclusively with
a) natural persons with unrestricted contractual capability aged 18 or over or
b) legal persons.
The ordering party declares with the despatch of the order that these conditions have been met.
3. CONCLUSION OF CONTRACT
The customer’s order as submitted to ENERGETIX is an offer made to us to conclude a purchase contract. We will confirm our receipt of the order by sending an email to the email address indicated by you on the order form. This email specifies once more the ordered articles, their individual and total cost, any packaging and shipping costs accruing and the total amount of the order. This email expressly does not represent an acceptance of the preceding offer to conclude a purchase contract made by the customer. All offers made by ENERGETIX are without engagement. The purchase contract is only formed on despatch of the ordered goods to the specified address.
4. RIGHT OF RETURN
You can return the goods received, without needing to indicate a reason, within two weeks by sending the goods back. The two-week period starts at the earliest on receipt of the goods and this information. When returning goods, you can ask for the goods to be taken back in writing, e.g. by letter, fax or email, only if the goods cannot be shipped as a parcel (e.g. bulky goods). Compliance with the return period only requires the despatch of the goods or the recall request in good time. In all cases the goods are returned at your cost and risk. The returned goods or recall request must be sent to
Consequences of returning goods:
In the event of a successful return of goods, performance received by either party must be reimbursed and any usage drawn (e. g. benefit based on use) restored. If there has been a deterioration of the goods, compensation may have to be provided. This does not apply if the deterioration of the goods is due exclusively to their having been examined – as would be the case in a shop, for example. In general, you can avoid the obligation to compensate for loss of value if you do not start to use the goods as if you were the owner and do not do anything which could impair their value.
The prices for the articles on offer are shown in the national currency of the delivery country or in USD or EUROS and apply to each article. The prices at the time of ordering apply as shown on the website. Prices are quoted ex company main office including statutory VAT and excluding costs for packaging and shipping.
If a wrong shipping address is provided, we reserve the right to charge you for any costs arising from the return of the packages. The same applies in the event of default of acceptance.
Shipments by courier are delivered during the week and postal deliveries also on a Saturday. If you wish to specify a delivery address which is different from the invoice address, please provide us with this information at the time of ordering. Please check directly on receipt of goods whether or not the packages have been damaged and whether or not you have received delivery of the correct products in the correct quantity. Please do not omit to obtain a receipt from the deliverer for wrong deliveries or damage and then contact us. Your statutory warranty rights are not affected by this.
8. RESERVATION OF OWNERSHIP
ENERGETIX reserves ownership of all goods it supplies to a purchaser until final and complete payment of the purchase price and any shipping costs has been made. If third parties seek to assert rights over the goods which are subject to reservation of ownership, the purchaser will refer to ENERGETIX’s ownership and immediately inform the latter. If the purchaser falls into payment arrears or if he fails culpably to fulfil other material contractual obligations, ENERGETIX is entitled to withdraw from the contract as set out in Articles 323, 440 of the German Civil Code (BGB) and to demand recovery of the goods subject to reservation of ownership or, as applicable, to demand assignment of the purchaser’s claims for recovery vis-à-vis third parties.
ENERGETIX warrants that the supplied products are free of material defects at the time of transfer. For all defects in the goods occurring during the statutory warranty period, you can choose from the statutory entitlements of subsequent fulfilment, rectification of defects/replacement as well as – provided the statutory basis exists – the further reaching claims for abatement or withdrawal and, alongside this, compensation for losses, including compensation for loss instead of fulfilment and compensation for your wasted expenditures.
ENERGETIX only bears liability in cases in which it, a legal representative or a vicarious agent is guilty of intention and gross negligence. The preceding does not apply to liability for losses arising from death or injury to body and health, or in cases in which material contract obligations are broken. Except in the case of intention, gross negligence and losses arising from death and injury to body and health, the amount of liability is restricted to the typically predictable losses at conclusion of contract.
This offer and the descriptions and price information it contains have been compiled by us with the greatest care. Nevertheless, we cannot accept liability for any misprints, changes or the continued availability of all products during the period of the catalogue.
10. DATA PROTECTION
ENERGETIX undertakes to use and store electronically the information about its customers (name, address, payment method) exclusively for handling the incoming purchase contracts and for the purpose of informing customers. In particular, customer information is passed on to third parties (e.g. couriers or credit institutions) exclusively for the purpose of contract fulfilment. As soon as the preceding reason for storing the information no longer applies, you have the right at any time to retrieve the information stored about you or to have it amended or deleted. ENERGETIX will observe all requirements under data protection law, in particular the conditions imposed by the Teleservices Data Protection Act (TDG). The customer consents to the storage and forwarding of his personal information in the context described above.
11. CONCLUDING PROVISIONS
German law applies to the legal relationship between ENERGETIX and the purchaser as well as to the respective terms and conditions. Place of jurisdiction for both parties is – in so far as permitted by law – Bingen. If the customer is a consumer and is not resident in the European Union, Bingen is also the place of jurisdiction. In dealings with consumers in the European Union, the law at the residence of the end user may also apply if mandatory provisions under consumer law are concerned.
The purchaser has no right of offset unless the claim is not in dispute or has been determined with legal effect by a court of law. If the customer is a businessman within the meaning of the Commercial Code or a body under public law, then the place of fulfilment for deliveries and payments and the place of jurisdiction are Bingen.
The colours of the products shown on the Internet may differ from the originals for various reasons (monitor settings, quality of graphics card, etc.). If one of the above provisions is or becomes invalid, the validity of the remaining provisions is not affected.
ENERGETIX GmbH & Co.KG, 55411 Bingen, September 2007