General Terms and Conditions of the Company
ACE Handels- und Entwicklungs GmbH
Represented by the Managing Directors
Roland Heinemann & Klaus Forsthofer
Sägewerkstr. 9
83395 Freilassing
Germany
Telephone: +49 8654 588 38-0
Telefax : +49 8654 588 38-98
Company register: HRB 18204 / Traunstein Local Court
Value added tax identification number: DE233838866
General terms and conditions
I. Scope of validity
II. Vertragsschluss
III. Prices and shipping costs
IV. Terms of delivery and payment
V. Returns processing
VI. Warranty
VII. Liability
VIII. Consumer arbitration
IX. Schlussbestimmungen
Allgemeine Hinweise und Kundeninformationen
I. Scope of validity
1. The following General Terms and Conditions (hereinafter referred to as "GTC") contain the terms and conditions that apply exclusively between the customer and ACE Handels- und Entwicklungs GmbH, Sägewerkstr. 9, D-83395 Freilassing (hereinafter referred to as "Seller"), insofar as these are not amended by written agreements between the parties or replaced by specific (also oral) individual agreements. The GTC apply to all contracts concluded via the website http://ace-technik.com between the Customer and the Seller with regard to the goods offered there by the Seller.
2. Customers within the meaning of these GTC are both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
II. Conclusion of contract
1. The subject of the contract is the sale of goods and/or services. The details, in particular the essential characteristics of the goods and services, can be found in the respective item description and the supplementary information on the Seller's website.
2. The items presented in the Seller's online shops serve the purpose of submitting a binding offer by the Customer and do not constitute binding offers by the Seller. The customer can select items from the entire range and collect them in a so-called shopping basket.
3. The customer submits his legally binding offer by means of the shopping basket system. The order is placed in seven steps:
The items offered can be placed in a virtual shopping cart by clicking on the "Order" button. The contents of the shopping basket are displayed by clicking on the "shopping basket" symbol. If the customer wants to buy the item in the shopping cart, he clicks on "Checkout" and the ordering process is initiated and continued. Alternatively, he can also complete the ordering process via "amazon pay" and "PayPal", provided he has a valid account in each case.
The customer is then given the opportunity to create a personal account on the website by registering or to log in to an already existing account. To do so, the customer either clicks on the button "Register" or on "Login". The customer can also place and continue his order as a guest without prior registration or login.
In the further order process, the customer will be asked to enter his billing address and his personal contact details. At the same time, the customer is given the option of specifying a delivery address that differs from the billing address. By ticking a box, he/she must declare that he/she has read the data protection provisions and agrees to the use of his/her special personal data, if any. The customer then clicks on the "Continue" button to continue the ordering process.
In the next step, the customer can choose between "Standard shipping" and "Express shipping". More detailed information on the shipping methods offered is available under the separate menu item "Shipping". The customer then clicks on the "Continue" button to continue the ordering process.
In the next step, the customer can select the desired payment method. More detailed information on the payment methods offered can be found under the menu item "Payment". The customer then clicks on the "Continue" button again to continue the ordering process.
In the last step, the entire order is displayed again as an overview. At this point, the customer has the opportunity to make any additional wishes regarding the order or to express praise/criticism regarding the ordering process. If the customer has a voucher from the seller, he or she can enter the voucher code in the box provided. After the customer has accepted by clicking on the box next to the text "I hereby accept the General Terms and Conditions*", "I have taken note of the cancellation policy", "Pass on the e-mail address and telephone number to the shipping service provider" and "I have read the data protection regulations and agree to the use of my personal data", the customer places a binding order for the goods contained in the shopping basket by clicking on the order button "Order subject to payment".
4. Upon receipt of the Customer's order, the Seller shall send an automatic confirmation message to the e-mail address provided by the Customer, in which the essential features of the order are listed again together with these contractual terms and other mandatory information. The automatic confirmation message merely documents that the Seller has received the Customer's order and does not constitute acceptance.
5. The Seller may accept the Customer's offer within three working days. The period begins with the submission of the offer by the customer and ends with the expiry of the third working day. If the acceptance does not take place within the period, his offer expires at the end of the acceptance period. The acceptance takes place
a) by sending a written order confirmation (by e-mail, post, fax), in which case the receipt of the order confirmation by the customer is decisive, or
b) by requesting payment from the customer after placing his order,
c) by delivery of the ordered goods, whereby the receipt of the delivery by the customer is decisive in this respect,
d) by charging the customer's credit card for the "credit card" payment method.
6. If there are several alternatives, the earlier event shall be decisive for the conclusion of the contract.
III. Prices and shipping costs
1. All prices indicated for the products shown include the respective statutory value-added tax and other price components. Delivery and shipping costs are generally not included in the stated prices. The amount of any additional costs incurred can be found in the respective product description or in the shipping information available under the menu item "Shipping":
2. Shipment shall be made either via DHL parcel service (German post) or Austrian post parcel for standard shipping within Germany or Austria, via UPS Express Saver for express shipping within Germany or via FedEx Economy for shipping outside Germany and Austria. In the case of cross-border shipping, further taxes and/or duties (e.g. customs duties) may be payable by the customer in individual cases, but not to the seller, but to the competent customs or tax authorities. Self-collection of the goods is excluded. The delivery time is indicated on each product page.
IV. Terms of delivery and payment
1. The Seller shall deliver the goods to the delivery address specified by the Customer in accordance with the agreements made. In the case of a payment with PayPal, the seller can deliver the goods to the customer address deposited with PayPal. The customer shall ensure that the address given is correct and that deliveries are possible there. If delivery is not possible because the customer does not comply with this obligation, any additional costs incurred as a result shall be borne by the customer and any delays incurred in this respect shall be accepted. Compliance with the delivery period stated in the offer and in the shipping information available under the menu item "Shipping" requires that the customer, for his part, fulfils the obligations assumed vis-à-vis the seller, in particular makes the payment and provides the necessary documents, approvals, releases, etc. to be provided by him in good time.
2. The customer can choose from the payment options displayed in the order process.
3. In the event of advance payment, the purchase price shall be due for payment upon conclusion of the contract.
4. In the case of purchase on account, the payment period does not begin until the goods have arrived at the customer's premises.
5. With the payment option "PayPal invoice", the seller assigns the purchase price claim to PayPal. The payment option is subject to the customer passing the credit check carried out by PayPal. In the event of a negative credit check, the customer will be referred to other available payment methods. After a successful credit check, the customer will receive information together with the delivery to which bank account the invoice amount is to be paid. Payments can be made debt-free exclusively to PayPal. The customer does not need a PayPal account for the purchase on account. The purchase price claim is due for payment 14 (fourteen) days after receipt of the goods. Further information is available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
6. Further payment instructions are available under the menu item "Payment". In no case will the seller assume the costs of a money transaction.
7. The goods remain the property of the seller until full payment has been made.
8. The delivery time stated in each case begins when paying in advance on the day after the complete and correct payment order has been issued to the remitting credit institution. For other payment methods (e.g. PayPal, credit card), the delivery time begins on the day after the payment has been made via the payment service provider.
In the event of non-availability of the ordered goods, the seller reserves the right not to deliver. In this case, the customer will be informed immediately and any consideration already received will be refunded without delay. Delays in delivery caused by legal or official orders (e.g. import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. The seller shall inform the customer of the beginning and end of such hindrances without delay.
V. Returns processing
1. In the event that the customer returns the delivered goods to the seller and the seller is legally obliged to bear the costs (e.g. in the event of a complaint), the customer is requested to inform the seller in advance of the return. If the goods can be sent as a parcel, the Vendor will generally provide a return slip from DHL or another parcel service provider. This procedure facilitates the allocation of the shipment and speeds up the processing. In the event that the customer has paid the postage costs although he/she was not obliged to bear the costs, the seller will reimburse the postage costs immediately. In the event of a cancellation, the provisions stated in the cancellation policy shall apply.
2. In the event of an exchange through no fault of the seller, any return costs shall be borne by the customer.
3. The seller asks the customer to treat the delivered goods with care and to avoid damage, soiling and the like. If possible, the goods should be returned in their original packaging. If this is not possible, it is requested that packaging be provided that is suitable for adequate protection of the goods from damage in transit.
4. If the customer does not observe the above instructions in sections 1 and 3, this shall not result in the loss of his rights.
VI. Warranty
The statutory warranty claims shall apply.
VII. Liability
1. The Seller shall be liable without limitation for any legal reason whatsoever
a) for damages arising from injury to life, body or health caused by the Seller through a negligent or intentional breach of duty. The same applies if a legal representative or vicarious agent has caused the damaging act;
b) for other damage caused by the Seller due to a grossly negligent or intentional breach of duty. The same applies if a legal representative or vicarious agent has caused the damaging act;
2. Furthermore, the Seller shall be liable without limitation in the event of fraudulent intent and warranty promises as well as for claims under the Product Liability Act.
3. In the event of damage to property and financial loss caused by negligence, the Seller shall only be liable in the event of a breach of a material contractual obligation, i.e. the breach of obligations which grant the contractual partner legal positions which it may expect according to the content, nature and purpose of the purchase contract, and the fulfilment of which is a prerequisite for the proper performance of the contract, but limited in amount to the damage foreseeable at the time of the conclusion of the contract and typical for the contract.
4. In all other respects, the Seller's liability for slightly negligent breaches of duty is excluded.
VIII. Consumer arbitration
The Seller is not prepared to participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act and is not obliged to do so.
IX. Final provisions
1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence remain unaffected.
2. If the customer does not have a general place of jurisdiction in Germany or moves abroad after conclusion of the contract or if the place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes shall be the city of Laufen. This place of jurisdiction also applies to customers who are entrepreneurs. With respect to entrepreneurs, the place of performance is the city of Freilassing. The right to also invoke the court at another statutory place of jurisdiction remains unaffected by this.
3. German law applies to cross-border delivery traffic.
4. Should any of the provisions of these GTC prove to be invalid or unenforceable, the remaining provisions shall remain unaffected and continue to be effective.
General notes and customer information
1. The essential features of the offers presented can be found in the respective description of the goods.
2. No further costs are incurred for the use of the means of distance communication used for the conclusion of the contract beyond those of the mere use of the means of distance communication.
3. The customer can print out and save his order using the respective browser function. The orders are also stored by the seller. If the customer loses the documents relating to his/her orders, these can be requested from the seller by e-mail/fax/telephone. The seller will then send the customer a copy of the order data.
4. The customer can correct his entries before submitting his order with the technical means provided by the seller within the respective input fields using the usual keyboard and mouse functions. The customer can return to the previous page at any time during the ordering process by clicking on the "Back" button and correct any input errors. Likewise, the entries can be corrected and edited by clicking on the "pencil" symbol in the "Order overview" field. Before the legally binding submission of an offer, the customer can check his entries again on the final confirmation page and edit them if necessary.
5. The language available for the conclusion of the contract is German
6. Batteries received from the seller can be returned free of charge after use at the above address or sent back by post. Batteries containing harmful substances are marked with the symbol of a crossed-out dustbin. Below the dustbin symbol is the chemical name of the pollutant - "Cd" for cadmium, "Pb" stands for lead, "Hg" for mercury.
7. The Seller has not submitted to any special codes of conduct not mentioned above. In all other respects, the provisions from the respective product descriptions shall apply.
8. In accordance with Directive 2013/11/EU, the EU Commission has set up an internet platform for the online settlement of disputes between entrepreneurs and consumers (so-called "ODR platform"). This can be accessed at the following link: https://ec.europa.eu/consumers/odr . The platform serves as a contact point for the out-of-court settlement of disputes resulting from online purchase and service contracts.