Terms of service

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (ADEMs GmbH) via the website shop.adembogoceli.com. Unless otherwise agreed, the inclusion of any terms and conditions used by you is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity acting in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

Our offers on the internet are non-binding and do not constitute a binding offer to enter into 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". Via the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview.

Before submitting the order, you have the opportunity to review the details in the order overview again, change them (also using the "back" function of the internet browser), or cancel the order.

By submitting the order via the corresponding button ("Order with obligation to pay", "Buy" / "Buy now", "Place binding order", or similar designation), you submit a binding offer to us.

You will first receive an automatic email confirming receipt of your order, which does not yet lead to the conclusion of a contract.

(3) 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 dispatch of the goods is confirmed to you (order confirmation).

If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured, and in particular that it is not prevented by SPAM filters.

§ 3 Retention of Title, Reservation of Ownership

(1) You may only exercise a right of retention insofar as it relates to 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 applies in addition:

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transferring ownership by way of security is not permitted prior to the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you already 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 are further authorized to collect the claim. However, insofar as you do not properly fulfill 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 the ratio of 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 choice of securities to be released rests with us.

§ 4 Statutory Warranty

(1) The statutory warranty rights apply.

(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 has no effect on your statutory warranty claims.

(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 this by us prior to submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

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 remedy or replacement delivery. If the defect rectification fails, you may, at your choice, demand a reduction in price or withdraw from the contract. Rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless something else arises in particular from the nature of the item or the defect or other circumstances. In the case of remedy, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the move does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:

    • to damages culpably caused by us attributable to injury to life, body, or health and to other damages caused intentionally or through gross negligence;

    • insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;

    • for items that have been used for a building in accordance with their usual manner of use and have caused its defectiveness;

    • for statutory recourse claims that you have against us in connection with defect rights.

§ 5 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorable law principle).

(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, provided 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 residence or habitual abode is unknown at the time the action is brought. The authority to appeal to the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Sales Convention (CISG) explicitly do not apply.

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 neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

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, Storage of the Contract Text

3.1. The contract language is German.

3.2. The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. 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 Services

The essential characteristics of the goods and/or services 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 represent total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process, and are to be borne additionally by you, unless free shipping has been promised.

5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.4. Unless otherwise stated for individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, 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. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon transfer of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission 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 carried out at your own risk.

7. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These Terms & Conditions and customer information were created by lawyers specializing in IT law from Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.