General Terms And Conditions
Note: This is a translation for your information. The German version alone is legally authoritative: German version
General Terms and Conditions and Customer InformationI. General Terms and Conditions
§ 1 Basic Provisions
(1) The following Terms and Conditions apply to contracts that you conclude with us as provider (Electronicx GmbH) via the website www.electronicx.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. A trader is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) Already by placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". Via the corresponding button in the navigation bar, you can call up the "shopping basket" and make changes there at any time.
After clicking the button "Checkout" or "Continue to order" (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If a redirection to the respective instant payment system takes place, you make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the possibility to check the details in the order overview again, to change them (also via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of a quotation are non-binding for you. We shall submit a binding quotation to you in text form (e.g. by e-mail), which you may accept within 5 days (unless a different period is stated in the respective quotation).(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract shall be effected by e-mail, partly automated. 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, is not prevented by SPAM filters.
§ 3 Special agreements on the payment methods offered
(1) Credit check
If we make advance payments, e.g. in the case of payment on account or direct debit, your data will be transmitted to infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, for the purpose of safeguarding our legitimate interests for the purpose of a credit check on the basis of mathematical-statistical procedures. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
(2) Payment via Paysafe "Purchase on account" (invoice purchase) and/or "Instalment payment" and/or "SEPA basic direct debit"
In the case of the payment methods "Purchase on account" (invoice purchase) and/or "Instalment payment" and/or "SEPA basic direct debit", we assign our claim for payment against you in full to Bank Frick & Co. AG, Landstrasse 14, 9496 Balzers, Liechtenstein (hereinafter "Bank"). In order to have a debt-discharging effect, all payments must be made exclusively to the Bank to the account notified to you for this purpose. You can find the PaySafe T&Cs here.
(3) SEPA direct debit
In the case of payment by SEPA direct debit, you authorise us by granting a corresponding SEPA mandate to collect the invoice amount from the account specified.
The period for the transmission of the pre-notification is shortened to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a returned direct debit for which you are responsible, you shall bear the bank charge incurred.
§ 4 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 shall remain our property until the purchase price has been paid in full.
§ 5 Statutory warranty rights for defects
(1) The statutory warranty rights for defects shall 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 shall have no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal person under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is brought. The authority to invoke the court at another statutory place of jurisdiction shall remain unaffected hereby.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Electronicx GmbH
Hindenburgstr. 37A
74389 Cleebronn
Germany
Telephone: +49 7135 7194106
E-mail: [email protected] (for complaints, please contact [email protected])
Consumer dispute resolution:
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. 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 shall be carried out in accordance with the provisions on "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping basket system , the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For quotation requests outside the online shopping basket system, you will receive all contract data within the framework of a binding offer in text form, e.g. by e-mail, which you can print out or electronically save.
4. Codes of conduct
We have not subjected ourselves to any codes of conduct within the meaning of Art. 246c No. 5 EGBGB (German Introductory Act to the Civil Code).
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and payment modalities
6.1. The prices stated 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 accessed via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transmission charges (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Costs incurred for money transmission (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU Member State but payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is provided by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment passes to you only upon handover of the goods to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or any other person designated to carry out the shipment.
8. Statutory warranty rights for defects
The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
last update: 01.01.2022