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Terms and Conditions and Customer Information
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (ADEMs GmbH) via the website shop.adembogoceli.com. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby objected to.
(2) A consumer, within the meaning of the following regulations, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) 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 clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will finally be displayed as an order overview.
Before submitting the order, you have the option to review the information in the order overview again, change it (also by using the "back" function of your internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge" or similar designation), you are submitting a binding offer to us.
You will initially receive an automatic email confirming the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g., email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
Should you not have received a corresponding message, you are no longer bound by your order. Any services already rendered in this case will be refunded immediately.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address stored with us is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been fully settled. Pledging or collateral assignment is not permitted before the transfer of ownership of the reserved goods.
b) 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, and we accept the assignment. You remain authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies, deviating from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement delivery. If the rectification fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification shall be deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the relocation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to appeal to a court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the Seller
ADEMs GmbH
Obere Hauptstraße 19
68766 Hockenheim
Germany
Phone: +49 1514 4031652
Email: info@adembogoceli.com
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices quoted in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. The incurred shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless free shipping has been agreed upon.
5.3. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise specified for individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (ADEMs GmbH) via the website shop.adembogoceli.com. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby objected to.
(2) A consumer, within the meaning of the following regulations, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) 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 clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will finally be displayed as an order overview.
Before submitting the order, you have the option to review the information in the order overview again, change it (also by using the "back" function of your internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge" or similar designation), you are submitting a binding offer to us.
You will initially receive an automatic email confirming the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g., email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
Should you not have received a corresponding message, you are no longer bound by your order. Any services already rendered in this case will be refunded immediately.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address stored with us is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been fully settled. Pledging or collateral assignment is not permitted before the transfer of ownership of the reserved goods.
b) 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, and we accept the assignment. You remain authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies, deviating from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement delivery. If the rectification fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification shall be deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the relocation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to appeal to a court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the Seller
ADEMs GmbH
Obere Hauptstraße 19
68766 Hockenheim
Germany
Phone: +49 1514 4031652
Email: info@adembogoceli.com
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices quoted in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. The incurred shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless free shipping has been agreed upon.
5.3. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise specified for individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/