General Terms and Conditions of Sale for the Online
Store of
ASKÖ GmbH Innovative Schutzausrüstung
Scope
1. These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded through our online store between us,
ASKÖ GmbH Innovative Schutzausrüstung
Adolph-Kolping-Str. 6
D-72393 Burladingen
Managing Director: Theo Maier
entered in the commercial register of Amtsgericht (local court) Stuttgart under HRB 440498
Telephone number: 0 74 75 / 95 00 0 - 0
Fax number: 0 74 75 / 95 00 0 - 29
Email address: info@askoe-online.de
and you as our customer. The GTC apply irrespective of whether you are a consumer or a business. A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose, which cannot be attributed to their commercial or self-employed activity. A business is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade, business or profession.
2. All agreements concluded between you and us in connection with the purchase agreement arise in particular from these terms and conditions of sale, our written order confirmation and our confirmation of acceptance.
3. The version of the GTC valid at the time of conclusion of the contract shall apply.
4. We do not accept any deviating conditions of the customer, even if we do not expressly object to their inclusion.
Conclusion of contract
5. The presentation and advertising of items in our online store are non-binding and do not constitute a binding offer to conclude a purchase contract.
6. You can submit a binding purchase offer (order) via the online shopping basket system. The goods intended for purchase are placed in the "shopping cart". You can use the relevant button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping terms, all order data is finally displayed again on the order overview page. Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the internet browser) or canceling the purchase. By sending the order using the "Place a binding order" button, you submit a binding offer to us. You will be bound by the order for a period of two (2) weeks after placing the order; this does not affect your right to cancel your order, if any, pursuant to Section 11.
7. We will immediately confirm the receipt of your order placed through our online shop by email. Such an e-mail does not constitute a binding acceptance of the order, unless acceptance is also declared in addition to confirmation of receipt.
8. The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by email, partly automatically. You are therefore responsible for ensuring that the address you provide to us (please ensure correct spelling) and the email address are accurate, that you can receive emails technically, and that they are not blocked by spam filters.
9. A contract is only concluded when we accept your order by sending an acceptance confirmation or by delivering the ordered items.
10. If delivery of the goods you have ordered is not possible, for example, because the goods in question are not in stock, we will not send you a confirmation of acceptance. In this case, the contract will not come into effect. We will notify you immediately and refund any payments already received.
Right to cancel (for consumers only)
11. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have the right to cancel in accordance with the statutory provisions.
12. If you, as a consumer, make use of your right to cancel in accordance with Section 11, you have to bear the costs of the return.
13. In all other respects, the right to cancel is governed by the provisions set forth in detail in the following
Cancellation policy
Right to cancel
You have the right to cancel this agreement within fourteen days without giving any reason.
The cancellation period will expire fourteen days from the date on which you or a named third party, other than the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform us at
ASKÖ GmbH Innovative Schutzausrüstung
Adolph-Kolping-Str. 6
D-72393 Burladingen
Telephone number: 0 74 75 / 95 00 0 - 0
Fax number: 0 74 75 / 95 00 0 - 29
Email address: info@askoe-online.de
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You can use the attached cancellation form template for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this agreement, we will refund all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and within fourteen days of the date on which we have received your notice of cancellation. Unless expressly otherwise agreed, we will use the same means of payment for your refund that you used to pay for your order; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back from you, or you have supplied evidence of having sent back the goods, whichever comes earlier.
You must return the goods to us promptly and at the latest within fourteen days from the date on which you have notified us of your intention to cancel the agreement. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- End of the information concerning the right to cancel -
14. The right of cancellation does not apply to long-distance contracts
(a) for the supply of goods made to the consumer's specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly,
(b) for the delivery of audio or video recordings or of software, provided that you have unsealed the delivered data carriers.
Terms of delivery
15. We are entitled to make partial deliveries insofar as this is reasonable for you.
16. The delivery period is approximately ten (10) working days, unless otherwise agreed. It begins with the conclusion of the contract. In the case of larger delivery quantities and custom-made products, the delivery time will be extended to a reasonable extent.
17. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
18. If you are a business, the delivery and shipment shall be at your own risk.
20. The courier service is only obliged to deliver to a regular address (street, house number, postcode, city). Delivery requests to specific departments, special rooms, etc., within a delivery address, or specific delivery time frames cannot be accommodated.
Prices and delivery costs
21. All prices in our online store are total prices which include VAT at the applicable rate. The shipping costs are not included in the purchase price.
22. The shipping costs are indicated in the price information provided on our online shop. The total price including VAT and plus applicable shipping costs is also displayed in the order form before you submit the order.
23. If we fulfil your order in accordance with Section 15 by partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
Terms of payment, set-offs and the right of retention
24. During the ordering process, you will be redirected to the website of the online provider PayPal. This is the only payment method available to you in our online store. The payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
25. However, your immediate payment through PayPal will initially only be accepted as a deposit on the order amount. A contract will only be concluded upon order confirmation or delivery. If one of the ordered items is not available, you will be promptly notified and the amount will be refunded.
26. Unless otherwise stated, the payment claims arising from the concluded contract are payable immediately. If, by way of exception, the delivery is made on invoice, it is agreed in addition to Section 286 (3) of the German Civil Code (BGB) that consumers will also be in default after 30 days (in accordance with Section 286 BGB) of receipt of the invoice or consideration.
27. You are not entitled to offset your claims against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set-off against our claims if you assert claims for defects or counterclaims arising from the same purchase contract.
28. As a buyer, you may only exercise the right of retention if your counterclaim arises from the same purchase agreement.
Retention of title
29. We retain title to the delivered goods until the purchase price has been paid in full.
30. If you are a business, the following applies in supplementary manner:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves. To this end, you hereby undertake to provide us with the complete data of the purchase upon first request, within 5 working days.
c) If the reserved goods are combined and mixed, we will acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the collateral to which we are entitled at your request to the extent that the realisable value of our collateral exceeds the claim to be secured by more than 10%. The collateral to be released will be chosen at our discretion.
Warranty
31. We are liable for any defects or legal deficiencies in the delivered items in accordance with the applicable legal provisions, especially Section 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins upon delivery of the goods.
32. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the parcel service of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
33. Insofar as you are a business, the following shall apply in deviation from Sections 31 and 32:
a) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of any obvious defects within 7 calendar days of receipt of the goods. This also applies to hidden defects discovered later from the time of discovery. The assertion of warranty claims is excluded in the event of a breach of the duty to inspect and give notice of defects. If a parcel shows obvious freight damage upon delivery, acceptance must be refused or a complaint must be made to the transport company, e.g. GLS, DHL, DPD, etc. (be sure to ask for proof of this).
b) In the case of custom-made products, there is no entitlement to return or subsequent delivery in the event of an excess or short delivery of up to 10%.
c) In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement delivery. If the removal of the defect fails twice, you can demand a reduction or withdraw from the contract at your discretion. In the event of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage attributable to us resulting from injury to life, limb or health and grossly negligent or intentionally caused damage or fraudulent intent, as well as to recourse claims pursuant to Sections 478, 479 BGB.
Liability
34. We shall be liable without limitation for damages resulting from injury to life, limb or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of the guarantee for the quality of the object of purchase, in the event of damage under the Product Liability Act and in all other cases regulated by law.
35. Insofar as material contractual obligations are affected, our liability for negligence will be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content for the achievement of the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and the fulfilment of which the customer may routinely rely upon.
36. In the event of a breach of immaterial contractual obligations, liability is excluded in the case of negligent breaches of duty.
37. Given the current state of technology, it cannot be guaranteed that data communication over the Internet would be free of errors / or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the goods offered there.
Force majeure and availability of supplies
38. We do not accept any liability for impossibility of delivery or for delays in delivery if these are caused by force majeure or other events not foreseeable at the time of conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, legal lock-outs, lack of manpower, energy or raw materials, difficulties in obtaining necessary official permits, pandemics or epidemics, official measures or the lack of, incorrect or delayed delivery by suppliers despite a congruent hedging transaction concluded by the seller) which are beyond our control.
39. If such events according to Section 38 make delivery or service significantly more difficult or impossible for us and the hindrance is not only of a temporary nature (i.e. lasting longer than 14 calendar days), we will inform the buyer of this immediately.
40. If there are obstacles of a temporary nature, the delivery or performance periods shall be extended or the delivery or performance dates postponed by the period of the hindrance plus an appropriate lead time. If we are unable to adhere to the new delivery date, we will be entitled to rescind the agreement in whole or in part; we shall promptly refund any payments already made by the buyer.
41. If the buyer cannot be expected to accept the delivery or service as a result of the delay, he is entitled, after a reasonable period of grace has expired without result, to withdraw from the contract by means of an immediate written declaration to the seller. Further claims of the buyer, in particular claims for damages, are excluded in this case.
Copyright
42. We have copyright to all images, videos and texts published in our online shop. Use of the images, videos and texts is not permitted without our express consent.
Governing law, place of performance, place of jurisdiction
43. This agreement is governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the Sale of Goods (CISG). If you have placed the order as a consumer and have your habitual residence in another country at the time of the order, the application of mandatory legal provisions of that country shall remain unaffected by this choice of law set out in sentence 1.
44. The place of performance for all services
arising from the business relations with us and the place of jurisdiction shall
be our registered office, insofar as you are not a consumer but a business, a
legal entity under public law or a special fund under public law. The same
applies if you do not have a general place of jurisdiction in Germany or the EU
or if your domicile or habitual residence is unknown at the time the action is
filed. The authority to appeal to the court at another legal place of
jurisdiction remains unaffected.
Information on online dispute resolution
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are not obliged or prepared to take part in a dispute resolution procedure before a consumer dispute resolution body.
GTC version: September 2022
Cancellation form template
(if you wish to cancel the contract, please fill out this form and send
it to us.)
To:
ASKÖ
GmbH Innovative Schutzausrüstung
Managing Director Theo Maier
Adolph-Kolping-Str. 6
D-72393 Burladingen
Email info@askoe-online.de
I/we (*) hereby cancel the agreement that I/we (*) concluded for the
purchase of the following goods (*)/the provision of the following service (*):
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name(s) of the consumer(s):
_____________________________________________________
Address(es) of the consumer(s):
_____________________________________________________
Signature of the consumer(s) (only applies to paper communications):
__________________
Date
__________________
(*) Delete as appropriate