General terms and conditions and customer information
I. General Terms and Conditions of Business
§ 1 Basic regulations
(1) The following terms and conditions shall apply to contracts which you conclude with us as a supplier (Vector Foiltec GmbH) via the internet site safety-shield.de, unless an amendment is agreed upon in writing between the parties. Deviating or conflicting terms and conditions shall only be effective with our express consent.
(2) We offer our products for sale only if you are a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity (entrepreneur) when concluding the legal transaction. The conclusion of a contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods are to be found in the respective offer.
(2) Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(3) You can submit a binding contract offer (order) by telephone, e-mail, fax, post or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use the instant payment system "PayPal - Express" by clicking on the corresponding button integrated in the shop system, you will be redirected to the PayPal log-in page. After successful login, your address and account data stored with PayPal will be displayed. By clicking the button "continue" you will be redirected back to the order overview page of our online shop.
Before sending the order you have the possibility to check all details again, to change them (also by using the "back" function of your internet browser) or to cancel the purchase. By submitting the order via the corresponding button, you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place when ordering by telephone immediately or within 5 days at the latest by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you do not receive a corresponding message within this period, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(5) On request, we will provide you with an individual offer, which will be sent to you in text form and to which we shall be bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of the e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Prices, terms of payment and shipping costs
(1) The prices quoted in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price; they are calculated separately, unless delivery free of shipping costs has been promised. Further details can be found under an appropriately designated button on our website or in the respective offer.
(3) You have the payment options shown under an appropriately designated button on our website or in the respective offer. If no other payment period is indicated for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.
§ 4 Terms of delivery
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will only be dispatched after receipt of the full purchase price and the shipping costs by us.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the non-availability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) Shipment is at your risk. If you wish, the shipment will be made with an appropriate transport insurance, whereby the costs arising from this are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not charged additional costs for shipping.
§ 5 Warranty
(1) The warranty period is one year from delivery of the item. The shortening of the period shall not apply:
- for culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their normal use and which have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights of defect.
(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall provide a warranty at our discretion either by rectification of the defect or by subsequent delivery. If the rectification of the defect fails, you may, at your option, demand a reduction in price or withdraw from the contract. After a second unsuccessful attempt, the rectification of the defect shall be deemed to have failed, unless something else results from the nature of the item or the defect or other circumstances. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, unless the transfer is in accordance with the intended use of the goods.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
(3) You may 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. If you do not properly fulfil your payment obligations, however, we reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined and mixed, we shall 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.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply to the exclusion of the UN Sales Convention.
(2) Place of performance and place of jurisdiction is our registered office if you are a merchant, legal entity under public law or special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU.
II. Customer information
1. Identity of the seller
Vector Foiltec GmbH
GermanyTel: +49 421 69351-0
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the possibilities of correction are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
§ Contract language, contract text storage
3.1 The contractual language is German.
3.2 The complete text of the contract is not stored by us. Before sending the order or the inquiry, the contract data can be printed or electronically saved using the print function of the browser.
These terms and conditions have been drawn up by the lawyers of the Händlerbund specialising in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.