General Terms and Conditions
ehbshop of ehb electronics gmbh
§ 1 Scope
1. These terms and conditions of ehb electronics gmbh www.ehbshop.de (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the products/goods and/or services displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
2. A consumer, within the meaning of these terms and conditions, is any natural person who enters a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur, within the meaning of these terms and conditions, is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of the Contract
1. The product presentations contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.
2. The Customer can submit the offer by telephone, in writing, or via the online order form integrated into the Seller's online shop. When placing an order via the online order form, after entering personal data and clicking the button "Buy" in the final step of the ordering process, the Customer submits a legally binding contract offer concerning the goods in the shopping cart.
3. The Seller can accept the Customer's offer by a written (letter) or electronically transmitted (e-mail) order confirmation or by delivering the goods within five days. The Seller is entitled to refuse acceptance of the order.
4. Order processing and contact are usually made via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is accurate so that e-mails sent by the Seller can be received at this address. Especially when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller, or third parties commissioned by the Seller with order processing can be delivered.
§ 3 Prices
1. The prices indicated by the Seller are final prices excluding the statutory German value-added tax. The Customer bears any additional delivery and shipping costs, customs duties, and similar charges. Delivery and shipping costs are specified separately in the respective product description in the offer if applicable.
2.The Seller offers the following payment options unless otherwise specified in the respective product description:
- Advance payment by bank transfer
- PayPal
3. Deliveries outside the European Union can only be accepted for orders with a minimum value of 1.000 Euro. Additional costs may arise in individual cases that the Seller is not responsible for and that must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties).
4. If advance payment is agreed, the payment is due immediately upon contract conclusion.
§ 4 Delivery and Shipping Conditions
1. The goods will be delivered to the delivery address specified by the Customer. The delivery address provided during the Seller's order processing is decisive. In deviation from this, the delivery address stored with PayPal by the Customer is decisive if PayPal is selected as the payment method.
2. The goods are dispatched no later than the dispatch date visible on the respective offer page when the order is placed (day the goods are handed over by the Seller to the shipping company), which is only approximate and may be exceeded by up to two working days. If no dispatch date is specified, the ordered goods will be dispatched within two weeks. The period determining the dispatch date begins on the day the purchase contract is concluded.
3. The Seller is entitled to make partial deliveries of separately usable products included in an order, with the additional costs arising from this being borne by the Seller.
4. The risk of accidental loss and accidental deterioration of the sold goods is transferred to the Customer or an authorized recipient upon delivery. If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration in the case of dispatch purchase is transferred to a suitable transport person at the Seller's place of business upon delivery of the goods.
5. If the shipping company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This does not apply if the Customer exercises their right of withdrawal by refusing acceptance, if the Customer is not responsible for the circumstance that made delivery impossible, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller announced the service a reasonable time in advance.
6. The Seller reserves the right to withdraw from the contract in the case of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the Seller, and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the case of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.
§ 5 Retention of Title
1. The Seller retains ownership of the delivered goods until full payment of the purchase price (including value-added tax and shipping costs) has been made.
2. For consumers, the Seller retains ownership of the delivered goods until full payment of the purchase price is made. For entrepreneurs, the Seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been fully settled.
3. The Customer is obligated to inform the Seller immediately of any third-party access to the goods, such as in the case of seizure.
4. The Seller is entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the Customer, particularly in case of default in payment or violation of an obligation under these terms and conditions.
5. The Customer is entitled to resell the goods in the ordinary course of business. They already assign all claims in the amount of the invoice to the Seller that arise to them from the resale against a third party. The Seller accepts the assignment. After the assignment, the Customer is authorized to collect the claim. The Seller reserves the right to collect the claim themselves as soon as The Customer does not properly meet their payment obligations and is in default of payment.
6. The Seller remains the owner of the goods even when they are processed or transformed and may acquire co-ownership of the new item or entity if applicable.
§ 6 Right of Withdrawal
1. The right of withdrawal excludes entrepreneurs, as defined in §1.
2. You have the right to withdraw from this contract within fourteen days without stating any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us:
ehb electronics gmbh
Hans-Böckler-Straße 20
30851 Langenhagen
info@ehb-electronics.de
Phone: +49 511 123207-0
by means of a clear statement (e.g., a letter sent by post, or e-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, but it is not required. To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
3. Upon withdrawal If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us) without undue delay and at the latest within fourteen days from the day we receive the notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction unless expressly agreed otherwise; in no case will you be charged for this refund. We may withhold the refund until we have received the returned goods, or you have provided proof of returning the goods, whichever is earlier. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day you inform us of the withdrawal from this contract. 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 withdrawal instructions.
§ 7 Warranty
1. In the event of defects in the purchased item, the statutory warranty provisions apply to consumers. For entrepreneurs, the following terms and conditions apply additionally. No warranty applies for damages caused by improper use or handling of the goods.
2. Entrepreneurs must inspect the delivered goods immediately for quality and quantity deviations and notify the Seller of visible/apparent defects within 5 working days of delivery. Hidden defects must be reported to the Seller within 5 working days of discovery. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim requirements, especially for the defect itself, for the time of discovery of the defect, and for the timely notification of the defect. Sections 377, 387 HGB apply.
3. For consumers, the warranty period for new goods is two years from delivery. For entrepreneurs, the warranty period for new goods is one year from delivery.
4. For used goods and products, the warranty period for consumers is one year. For entrepreneurs, the warranty for used goods and products is excluded.
5. If a defect appears in a purchase by an entrepreneur within 6 months of the transfer of risk, it is not presumed that the item was already defective at the time of the transfer of risk.
6. For entrepreneurs, the Seller initially provides a warranty for defects in the goods at their discretion by repair or replacement. If the supplementary performance fails or is unreasonable for the Customer or if the Seller refuses the supplementary performance, the Customer is entitled to withdraw from the purchase contract, reduce the purchase price, or demand damages or compensation for wasted expenses according to applicable law.
§ 8 Liability
The Seller is liable for negligence (excluding gross negligence) in the event of delay in delivery up to an amount of 10% of the respective purchase price (including VAT). The Seller is not liable, regardless of the legal reason, for damages that are typically not to be expected according to the nature of the respective order and the goods and in normal use of the goods. The above limitations of liability do not apply in the event of intent or gross negligence. The limitations of this § 9 do not apply to the Seller's liability for guaranteed characteristics under § 444 BGB, for injury to life, body, or health, or under the Product Liability Act.
§ 9 Privacy Policy
We collect, use, and store your personal data exclusively in accordance with the provisions of the Federal Data Protection Act of the Federal Republic of Germany. Below we inform you about the type, scope, and purpose of the collection and use of personal data. You can retrieve this information at any time on our website. Regarding the data to be collected, we refer to our separate privacy policy.
§ 10 Applicable Law / Jurisdiction
1. All legal relationships of the parties are subject to the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
2. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. The same applies if the Customer has no general place of jurisdiction in Germany or the EU or if their place of residence or habitual abode is unknown at the time the action is brought. The authority to also call upon the court at another legal place of jurisdiction remains unaffected.
§ 11 Final Provisions
If one or more of the above provisions are or become invalid, the validity of the remaining provisions is not affected. The invalid provision shall be replaced by a valid one that comes as close as possible to the legal and economic purpose pursued by it. The same applies in the event of a regulatory gap.
Sample Withdrawal Form
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / provision of the following service (*)
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Ordered on …………………. (*) received on ………………………… (*)
Name of the consumer(s)
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Address of the consumer(s)
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