General Terms and Conditions for the
Online shop 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 that a commercial customer (hereinafter referred to as "customer") concludes with the seller regarding the products / goods and / or services presented by the seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

2. A commercial customer within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with a legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2                  Conclusion of 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 to submit a binding offer from the customer.

2. The customer can submit the offer in writing or via the online order form integrated into the seller's online shop. In the case of a written order, the customer must provide his contact details, his tax number and/or his tax ID as proof of his commercial activity. Without this information, the order cannot be processed. When placing an order via the online order form, the customer must provide his tax number and/or his tax ID as proof of his commercial activity in addition to his contact details. Furthermore, the customer must also confirm his commercial activity by clicking on a box when placing the order. After clicking the "Buy" button in the final step of the ordering process, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping basket.

3. The seller can accept the customer's offer by means of a written (letter) or electronically transmitted (e-mail) order confirmation or by delivering the goods within five days. The seller is authorised to refuse to accept the order.

4. Orders are generally processed and contact established by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. When using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

5. If the seller discovers during the inspection and processing that the information provided by the buyer was incorrect and that the buyer is not a commercial customer as defined in § 1, the seller has the right to refuse delivery. The same applies in the case of wilfully false information provided by the buyer. Any advance payments made in connection with the order will be refunded to the buyer. An amount equal to 20% of the order value, but at least EUR 48.00, will be deducted for the administrative costs incurred by the Buyer prior to the return transfer.

§ 3                  Prices

1. The prices stated by the seller are final prices plus the statutory German value added tax. The customer shall bear any additional delivery and shipping costs, customs duties and similar charges. Delivery and shipping costs are indicated 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 in the offer:
 

• Advance payment by bank transfer
• PayPal

3. Deliveries outside the European Union can only be accepted from a net order value of 1,000 Euro (in words one thousand EURO). In individual cases, further costs may be incurred for which the seller is not responsible, and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).

4. If advance payment has been agreed, payment is due immediately upon contract conclusion.

§ 4                  Delivery and Shipping Conditions

1. Goods will be delivered to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal shall be decisive.

2. The goods will be dispatched to the customer no later than the dispatch date shown on the respective offer page when the order is placed (date on which the goods are handed over by the seller to the shipping company), whereby this date is only approximate and may therefore be exceeded by up to two working days. If no dispatch date is specified, the ordered goods will be dispatched within two weeks. This period, which is decisive for determining the dispatch date, begins on the day on which the purchase contract is concluded, and the goods are available.   

3. The seller shall be entitled to make partial deliveries of separately usable products included in an order, whereby the additional costs incurred as a result shall be borne by the seller.

4. In principle, the risk of accidental loss and accidental deterioration in the case of sale by dispatch shall pass to a suitable carrier upon delivery of the goods to the seller's place of business.

5. If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.

6. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately, and the consideration shall be reimbursed without delay.

§ 5                  Retention of title

1. The seller retains title to the goods delivered by him until the purchase price (including VAT and shipping costs) has been paid in full.

2. The customer is obliged to notify the seller immediately of any access to the goods by third parties, for example in the event of seizure.

3. The seller is entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of contract, in particular in the event of a breach of an obligation under these provisions.


§ 6                  Right of cancellation

1. The right of cancellation excludes commercial customers as defined in §1.

§ 7                  Warranty

1. In the event of defects in the purchased item, the respective valid General Terms and Conditions of the seller shall apply. There is no warranty for damage caused by improper use or handling of the goods.

2. The delivered goods must be inspected immediately for deviations in quality and quantity and the seller must be notified of recognisable/obvious defects within 5 working days of delivery. Hidden defects must be reported to the seller within a period of 5 working days after discovery of the defect. Timely despatch shall suffice to meet the deadline. The customer shall bear the full burden of proof for all claim requirements, for the defect itself, for the time of discovery of the defect and for the timely of the notice of defect. Sections 377, 387 HGB apply.
 
3. A warranty period for commercial customers is excluded for used goods and products.

4. If a defect becomes apparent in a purchase within 6 months of the transfer of risk, the presumption that the item was already defective at the time of the transfer of risk shall not apply.

5. The seller shall initially provide warranty for defects in the goods at the seller's discretion by repair or replacement. If subsequent fulfilment fails or is unreasonable for the customer or the seller refuses subsequent fulfilment, the customer is entitled to withdraw from the purchase contract, reduce the purchase price or demand compensation or reimbursement of his futile expenses in accordance with the applicable law.

§ 8                  Liability

The seller's liability for negligence (excluding gross negligence) in the event of delayed delivery is limited to an amount of 10% of the respective purchase price (including VAT).
The Seller shall not be liable - irrespective of the legal grounds - for damages that are not typically to be expected according to the nature of the respective order and the goods and under normal use of the goods.
The above limitations of liability shall not apply in the event of wilful intent or gross negligence.
The limitations of this § 8 do not apply to the seller's liability for guaranteed characteristics within the meaning of § 444 BGB, for injury to life, body or health or under the Product Liability Act.

§ 9                  Privacy policy

We collect, use and store personal data exclusively in accordance with the provisions of the Federal Data Protection Act of the Federal Republic of Germany. In the following, we inform you about the type, scope and purpose of the collection and use of personal data. You can access 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.
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.