General terms and conditions
§ 1 General, scope
- These business General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between INDU-ELECTRIC Gerber GmbH (hereinafter referred to as “Supplier”) and its Customer in the version that was in effect upon execution of the contract.
- Any business terms and conditions of the Customer that deviate from the present document shall not apply.
- Both consumers and
businesses are deemed to be Customers under §1 (1). A consumer is any
natural person for whom the purpose of the order is not attributable to a
commercial trading, self-employment, or freelance activity. A business,
however, is a natural or legal entity, or a legally capable partnership
that places orders for purposes of commercial trading, self-employment, or
§ 2 Contract partner, conclusion of contract
- The sales contract is reached with INDU-ELECTRIC Gerber GmbH.
- The presentation of the products in the internet shop does not constitute a binding offer on the part of the Supplier resulting in the establishment of a sales contract. The Customer is thereby merely requested to make an offer by placing an order. The registered Customer may view previous orders in his/her user account.
- When one or more products are selected, they are placed in the virtual shopping basket. All of the selected products may be viewed in the shopping basket. The number of products being ordered may also be changed there; and a product that has been included in the order may be removed. When you click the “Checkout” button, you will be asked to enter the information needed for delivery and to select a payment method. Before the order is concluded, you will see a summary of all the information that is relevant to the order. When you press the “Buy Now” button, the ordering process will be ended and the order will be sent.
- By submitting an order in the internet shop the Customer is making a binding offer with the aim of concluding a sales contract for the merchandise in the shopping basket. By submitting an order the Customer also affirms that solely these General Terms and Conditions govern the legal relationship with the Supplier.
- The Supplier shall confirm receipt of the Customer's order by sending a confirmation email. However, this order confirmation does not yet constitute acceptance of the contract offer by the Supplier. It merely serves to notify the Customer that the order has been received by the Supplier. Notification that the contract offer has been accepted shall be provided within two days by by giving express notice of acceptance or shipping the merchandise.
- In contrast to §2
(4), when the purchase is made by prepayment, the order confirmation
simultaneously constitutes the acceptance of the contract offer.
§ 3 Terms of delivery
- For more information on the amount of postage, please refer to the individual offers.
- The Supplier may make partial shipments and perform partial services. The Supplier shall bear the resultant costs.
- The Supplier ships merchandise from Monday through Friday.
- If a buyer does not accept the merchandise, the Supplier may sell the merchandise to a third party after a period of 2 weeks and may hold the original buyer responsible for any resultant losses that may result.
- If the merchandise cannot be delivered as a result of force majeure or product discontinuation, or if the Supplier cannot procure the products that were ordered at reasonable terms and conditions, and if such circumstances do not occur until after a contract has taken effect and the Supplier is not accountable for them, the Supplier shall be released from the obligation to deliver the merchandise. If events that make it significantly more difficult or impossible for the Supplier to deliver merchandise - for example: strikes, lockouts, actions by regulatory agencies, etc. - the Supplier shall not be responsible for delays, even in the case of contractually agreed grace periods and dates.
- Generally you have the option of picking up your purchase at INDU-ELECTRIC Gerber GmbH, Am Henselsgraben 8, 41470 Neuss, Germany during the following business hours: on weekdays (Monday – Friday) 8:00 a.m. – 4:00 p.m.
- Deliveries to packing stations are not
§ 4 Payment
In the case of payment via prepayment, the payment is due immediately when the contract takes effect. Please send the total amount to the following banking connection
Account holder: INDU-ELECTRIC Gerber GmbH
IBAN: DE69 3602 0030 0006 0052 33
Bank: National-Bank AG
- Credit card
If you pay by credit card, the amount is debited when the order is placed.
You pay your invoice through the online provider PayPal. You have to be registered with PayPal or register a new account, legitimize with your access and confirm the payment instructions to us. You will receive additional information during the ordering process.
(only for activated B2B-customers) You will receive an invoice together with your goods. The open amount is payable by bank transfer. Customers based outside of Germany need to pay in advance until anything else is agreed.
§ 5 Retention of title
In the case of consumers,
we retain ownership of the merchandise being purchased until the invoice amount
is fully paid. If you are a business engaged in a commercial or independent
professional activity, a legal entity under public law, or a special fund under
public law, we retain ownership in the purchased merchandise until all outstanding
accounts receivable arising from the business relationship with the ordering
party are settled. The corresponding security interests may be assigned to
§ 6 Due dates
The payment of the
purchase price is due when the contract takes effect.
§ 10 Liability
- For claims due to damages caused by us, our legal representatives or
agents, we shall be limited without limitation.
- For loss of life, limb or health
- For intentional or grossly negliant breach of duty
- For any warranty promise, unless otherwise agreed
- So far as the scope of application of the German product liability Act applies
- In case of a breach of important contractual obligations, whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and in which the contractual partner may normally trust (cardinal obligations), caused by slight negligence committed by us, our legal representatives or agents, the liability for damage is limited to the amount of loss that can be typically foreseen on conclusion of the contract.
- Incidentally claims for
compensation are excluded.
§ 11 Applicable law & jurisdiction
- The laws of the Federal Republic of Germany shall apply to the contractual relationships between the Supplier and the customer. The mandatory consumer protection requirements of the country in which the Customer has his/her customary residence are excluded from this selection of applicable law. The application of the United Nations Convention on Contracts for the International Sale of Goods is prohibited.
- The jurisdiction for
all disputes arising from the contractual relationship between the
Customer and the Supplier is the Supplier's principal place of business if
the Customer is a merchant, a legal entity under public law, or a special
fund under public law.
§ 12 Data protection
The provisions of our
Privacy Statement apply to data protection.
§ 13 Transport damages
If goods are delivered with obvious damages, please complain such mistakes
immediately to the deliverer and please inform us as soon as possible. The
absence of a claim or the absence of contacting us does not have any
consequences concerning your legal claims or the enforcement of those claims,
especially not with regards to warranty claims. However, you help us to be able
to assert our own claims towards the forwarder.
§ 13 Final clause
If a provision
of these General Terms and Conditions becomes invalid, the validity of the
remaining provisions is not affected thereby.