GTCs

General Terms and Conditions of Sale and Delivery

Telegärtner Elektronik GmbH

Hofäckerstr. 18, 74564 Crailsheim, Germany
Managing Directors: Günther Brieger, Thomas Hopf, Karin Hopf
Tel. +49 (0)7951 / 488-0
Fax: +49 (0)7951 / 488-80
VAT ID no.: DE145206704

HRB 670948 Ulm District Court
Email: info@telegaertner-elektronik.de 

Direct links to the most important topics: Shipping, Payment, Returns.

§ 1 Scope 

All deliveries and services provided by Telegärtner Elektronik GmbH (hereinafter referred to as ‘TE’) are subject to these General Terms and Conditions. Deviating and/or supplementary agreements require the express consent of ‘TE’ and must be made in writing too.

 § 2 Conclusion of the contract / contracting parties

(1) The presentation of the products in the online shop is only an invitation to submit an offer (invitatio ad offerendum) and is therefore legally non-binding for us.

(2) Only the Customer’s order is a binding offer for us to conclude a purchase contract. Once the Customer has entered their personal data and clicked on the ‘Complete order’ button, they place a binding order for the goods in the shopping basket in the next step. The Customer shall receive an order confirmation from Telegärtner Elektronik immediately after submitting the order. The order confirmation is a confirmation of the Customer’s order, which should only serve to inform them that Telegärtner Elektronik GmbH has received their order. It does not, therefore, constitute acceptance of the Customer’s offer by Telegärtner Elektronik GmbH. A purchase contract is only concluded if Telegärtner Elektronik GmbH sends the Customer confirmation of delivery or the goods themselves.

(3) Telegärtner Elektronik GmbH does not offer products for purchase by minors.

(4) Please note that Telegärtner Elektronik GmbH only sells all of its products in household quantities as a matter of principle. This therefore refers to the number of products ordered in the context of an order and to the placement of several orders of the same product where the individual orders contain a normal household quantity. However, this only applies to the extent that the respective product description does not contain any other regulation.

(5) If the Customer has any questions concerning orders, deliveries or returns, they should please contact Telegärtner Elektronik GmbH by fax or email. The Customer shall receive the requested information immediately. Telephone enquiries, callbacks, etc., cannot be processed for organisational reasons.

(6) If Telegärtner Elektronik GmbH is selling goods on behalf of third parties, it shall only be a representative of the companies in question. The contract shall then be concluded with the respective provider as opposed to with Telegärtner Elektronik GmbH. The Customer shall be informed of this in the context of the ordering process.

§ 3 Prices 

The agreed prices shall be ex-stock for the respective goods and shall thus include VAT at the statutory rate. The euro shall be the applicable currency.

§ 4. Shipping costs 

(1) The risk shall be transferred to the Customer as soon as the goods have been handed over to the transport operator (obligation to be performed at the debtor’s place of business). This shall also apply if ‘TE’ has borne the transport costs (subsequent deliveries). The Customer shall make complaints due to transport damage or the accidental loss of the goods directly to the transport company.

(2) Shipping costs shall be borne by the Customer. The goods shall be packaged in a customary manner as a matter of principle; the cost of required special packaging (e.g. seaworthy packaging) shall be borne by the Customer.

Telegärtner Elektronik GmbH makes deliveries using UPS with shipment tracking as a matter of principle.

Germany: Postage and packaging per order and weight at the following
shipping costs: 1 kg – 10 kg €8.90 gross.

By placing their order, the Customer declares that they agree to bear the postage and packaging costs.

If the shipping costs within Germany deviate from the shipping costs mentioned above, or if the Customer would like to take out transport insurance, they shall be informed of the cost of shipment and the shipping type in the context of the delivery confirmation. If the Customer does not object immediately, this shall be interpreted as consent to this effect. The Customer is entitled to promptly complain if they have objected within one week of Telegärtner Elektronik GmbH receiving the same in text form (email, fax, letter).

(3) An obligation to insure the goods shall only exist at the Customer’s express request and if Telegärtner Elektronik GmbH accepts the obligation.

The costs of insurance shall also be borne by the Customer.

(4) For deliveries abroad, the Customer shall be informed of the costs by email or fax before delivery by means of a separate order confirmation. If the Customer does not object immediately, this shall be interpreted as consent to this effect. The Customer is entitled to promptly complain if they have objected within one week of Telegärtner Elektronik GmbH receiving the same in text form (email, fax).

§ 5 Delivery / right of withdrawal 

(1) Unless agreed otherwise, the goods shall be delivered within four weeks of Telegärtner Elektronik GmbH receiving the order.

(2) Telegärtner Elektronik GmbH is entitled to make partial deliveries. 

(3) If Telegärtner Elektronik GmbH, through no fault of its own, is not in a position to deliver the ordered goods because the supplier of the goods fails to meet their contractual obligations, Telegärtner Elektronik GmbH shall be entitled to withdraw from the contract. Telegärtner Elektronik GmbH undertakes to inform the Customer immediately to this effect (as outlined in § 121 I of the German Commercial Code) and to provide the Customer with compensatory measures.

§ 6 Due date and payment 

(1) The Customer may pay the purchase price either

- by making an advance payment to Telegärtner Elektronik GmbH’s bank account
or
- by using PayPal.

(2) In any case, cheques shall only be accepted in the event of advance payment. There is no possibility of a discount deduction.

(3) The Customer shall enter into arrears no later than 30 days following creation of the invoice and delivery of the goods. There is no need for an additional reminder to be sent for this.

(4) If the Customer enters into arrears, Telegärtner Elektronik GmbH shall be entitled to charge default interest and other default costs according to the regulations set down in law. 

§ 7 Offsetting, retention 

The Customer is only entitled to a right of retention if it is based on the same contractual relationship. The Customer may only offset with counterclaims that are either undisputed or legally established.

§ 8 Reservation of ownership / resale of the purchased item 

(1) Telegärtner Elektronik GmbH reserves the right to ownership of the purchased item until the purchase price has been paid in full.

(2) Sale of the item to third parties (extended reservation of ownership) is only permissible with Telegärtner Elektronik GmbH’s consent. The assignment of warranty claims to third parties is excluded.

(3) If the Customer sells objects delivered by Telegärtner Elektronik GmbH to third parties with the latter’s consent, they are prohibited from referring to the same due to the associated legal and/or contractual warranty claims.

(4) The Customer is obligated to handle the reservation of ownership until payment has been made in full carefully; in the event of seizure they shall notify Telegärtner Elektronik GmbH and shall inform the latter of destruction of and damage to the item, as well as of a change of residence.

(5) If the Customer breaches one of the obligations set down in (2) or (4), Telegärtner Elektronik GmbH may withdraw from the contract and request rescission in line with the legal regulations.

 

§ 9 Rights arising from product defects / liability / limitation 

(1) If the delivered goods are defective, Telegärtner Elektronik GmbH is entitled (at its discretion) to repair or resupply the defective delivered goods. The Customer does not have a right to choose.

(2) The Customer is entitled to request a reduction in the purchase price (discount) or to withdraw from the contract if repair or replacement delivery fails.

(3) The obligation to inspect and give notice of defects set down in § 377 of the German Commercial Code shall be agreed as being applicable to businesspeople / entrepreneurs.

(4) The Customer is obligated to allow Telegärtner Elektronik GmbH to check the defective delivered goods on either the former’s or the latter’s premises. If the Customer refuses to let Telegärtner Elektronik GmbH examine the goods, the latter shall be released from the warranty.

(5) If the Customer is an entrepreneur, notices of defects shall not affect the due date of the purchase price claim unless Telegärtner Elektronik GmbH has recognised their justification in writing or the same justification has been legally established.

(6) Unless specified otherwise below, further claims made by the Customer on whatever legal grounds are excluded.

The aforementioned limitations of liability shall not apply if the damage was caused by intent or gross negligence, or if injury has been caused to persons. The aforementioned limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect following acceptance of a guarantee of the product’s quality and in the event of fraudulently concealed defects. Insofar as liability is excluded or limited, this shall also apply to the personal liability of the employees, representatives and vicarious agents of Telegärtner Elektronik GmbH.

(7) If subsequent performance is carried out in the course of replacement delivery, the Customer is obligated to return to Telegärtner Elektronik GmbH, at their own expense, the goods initially delivered within 30 days of receiving the replacement delivery.

§ 10 Right of cancellation in the case of consumer contracts 

(1) Right of cancellation:
The Customer has the right to cancel the present contract within 14 days without the need to state any reasons.

The cancellation period is 14 days from the day on which the Customer or a third party nominated by the same (who is not the carrier) has taken possession of the goods.

To exercise their right of cancellation, the Customer must inform us (Telegärtner Elektronik GmbH, Hofäckerstr. 18, 74564 Crailsheim, Germany Tel.: +49 (0)7951 488 0, Fax: +49 (0)7951 488 80, info@telegaertner-elektronik.de) of their decision to cancel the present contract by making a clear declaration (e.g. a letter sent by post, fax or email). While the Customer is welcome to use the attached sample cancellation form, this is not a necessity.

With regard to compliance with the cancellation period, it is sufficient if the Customer sends their notice indicating that they are exercising their right of cancellation before the cancellation period elapses.

(2) Exclusion of the right of cancellation
The right of cancellation does not apply in the case of distance selling contracts

- for the delivery of goods that are manufactured according to customer specifications or
that are clearly tailored to the Customer’s personal needs or that are not suitable
for return shipment due to their quality.

- for the delivery of audio or video recordings or software,
provided that the original seals on the delivered data carriers have been broken by the consumer.

(3) Consequences of cancellation
If the Customer cancels the present contract, Telegärtner Elektronik GmbH has to pay back all the payments it has received from the former, including the delivery costs (excluding any additional costs resulting from the Customer selecting a delivery type that is different from the most affordable standard delivery Telegärtner Elektronik GmbH offers), without delay and at the very latest within 14 days starting from the day on which Telegärtner Elektronik GmbH receives the notice indicating the Customer’s cancellation of the present contract. Telegärtner Elektronik GmbH shall use the same payment method the Customer used in the original transaction to make this repayment, unless otherwise expressly agreed with the Customer; under no circumstances shall the Customer be charged fees due to this repayment.

Telegärtner Elektronik GmbH may refuse to make the repayment until the goods have been returned to it or until the Customer has provided proof that they have sent back the goods, whichever is the earliest.

The Customer must return or hand over the goods to Telegärtner Elektronik GmbH without delay and, in any case, within 14 days starting from the day on which the former informed the latter of their cancellation of the present contract. The period shall be deemed to have been complied with if the Customer sends the goods before the 14-day period elapses.

The Customer shall bear the direct costs of returning the goods.

The Customer only has to pay for any loss in the goods’ value if this loss in value is due to unnecessary handling of the goods to inspect their quality, characteristics and functionality.

 

(4) Sample cancellation form

(If you would like to cancel the contract, please fill out this form and send it back to us.)

–To:

 Telegärtner Elektronik GmbH

 Hofäckerstr. 18

74564 Crailsheim, Germany

Tel.: +49 (0)7951 488 0

Fax: +49 (0)7951 488 80

info@telegaertner-elektronik.de

–I/we (*) hereby cancel the contract concluded by me/us (*) on the purchase of the following goods:

 

–Ordered on (*) / received on (*)

–Name of the consumer(s)

–Address of the consumer(s)

–Signature of the consumer(s) (only in the event of notification on paper)

–Date

 (*) Delete as appropriate.

§ 11 Data protection 

Telegärtner Elektronik GmbH is entitled to collect, store and process the personal data required in the context of the business relationship in line with the Customer’s data protection regulations.

§ 12 Copyright 

All pages on the website, as well as all files and data on the server, are the property of Telegärtner Elektronik GmbH or its contractual partner. All registered trademarks, brand names and images are the property of their respective owners and are used only to describe the products.

§ 13 Disclaimer for external links 

Telegärtner Elektronik GmbH refers to other sites online using links on its pages. The following applies to all of these links: Telegärtner Elektronik GmbH expressly declares that it has no influence whatsoever over the design and contents of linked pages. Telegärtner Elektronik GmbH therefore hereby expressly dissociates itself from all contents of all linked pages operated by third parties and does not claim any rights of ownership of the same. This declaration applies to all of the links shown and to all contents of the pages that the links lead to.

§ 14 Place of jurisdiction, place of performance and legal system 

(1) The law of the Federal Republic of Germany shall apply exclusively.

The provisions set down in the UN Convention on Contracts for the International Sale of Goods shall not apply to the relationship between Telegärtner Elektronik GmbH and the Customer.

(2) For contracts concluded with merchants, Telegärtner Elektronik GmbH’s place of business shall be agreed as the place of jurisdiction, provided that it is also entitled to take legal action at the Customer’s place of residence. 

§ 15 Severability clause

Should individual provisions of these General Terms and Conditions be or become invalid either in whole or in part, this shall not affect the validity of the remaining Terms and Conditions. In such a situation, the Parties undertake to replace the invalid regulation with a valid one that reflects the intended purpose as closely as possible.

Last updated: 20/08/2014