General terms and conditions of the flenstech.de online store
1. General
Our online store is aimed exclusively at corporate customers in Germany. Delivery is ex works. Either against prepayment or at FlensTech GmbH known companies or via an appropriate company proof against invoice. All prices are net, plus VAT and shipping costs. All services rendered by the online store for the customer are exclusively based on the following general terms and conditions. Deviating provisions shall only apply if they have been agreed in writing between the online store and the customer.
2. Conclusion of Contract
Only persons who have reached the age of 18 and are not restricted in their legal capacity at the time of the conclusion of the contract are entitled to conclude a contract with the Online Shop. a) The offers of the Online Shop on the Internet are a non-binding invitation to the Customer to order goods in the Online Shop. b) The Customer submits a binding offer to conclude a purchase contract when he orders goods on the Internet. c) The online store is entitled to accept this offer within 5 calendar days by sending an order confirmation. The order confirmation shall be sent by email. After unanswered expiration of the 5-day period, the offer is considered rejected.
3. Delivery
All items will be delivered immediately, if available from stock and only while stocks last. Delivery will only be made within Germany. The delivery time is a maximum of 5 working days and begins with the dispatch of the order confirmation. The indication of the delivery time is not binding, unless there is a different written agreement. If an item is not available at short notice, we will inform you by e-mail about the expected delivery time, provided that we have an address from you. In the event of delays in delivery, such as force majeure, traffic disruptions and orders from higher authorities, as well as other events for which the online store is not responsible, no claim for damages can be made against the online store.
4. Packaging and Shipping Costs
For delivery within Germany, the online store calculates in the last order step. At the request of the customer, express deliveries can also be made or special requests taken into account. The customer bears the additional costs incurred.
5. Prices and Payment
5.1 All prices are net prices. The currently applicable statutory value added tax shall be shown separately on the invoice. 5.2 The final prices do not include the costs for packaging and shipping. 5.3 Due to the constant updating of the Internet pages of the online store, information provided at an earlier point in time regarding the price and condition of the goods shall lose their validity. 5.4 The price shown at the time of submission of the Customer's offer shall be decisive for invoicing. 5.5 Payment for the goods shall be made on account. Exceptions are only valid if they have been agreed in writing between the online store and the customer. 5.6 The Customer is obliged to pay the invoice amount within 10 days after receipt of the goods. 5.7 If the customer has not fulfilled his payment obligation after expiry of the period stated in paragraph 6, the online store reserves the right to charge the customer with any additional reminder and processing fees arising from this. 5.8 If the customer is in default of payment, the online store shall be entitled to claim default interest at the legally prescribed rate. The right of the online store to assert any further claims for damages shall remain unaffected.
6. Retention of title
Until full payment the ordered goods remain the property of the online store (retention of title according to §§ 158, 449 BGB). Prior to the transfer of ownership, the goods may not be disposed of or pledged, transferred by way of security, processed or transformed without the express consent of the online store.
7. Warranty
7.1 The Customer's claims against the Online Shop based on a defect in the goods shall be governed by the statutory provisions. 7.2 The customer undertakes to inspect the goods for any defects upon receipt and to inform the online store immediately if such defects are discovered. Should the customer discover at a later date that the goods are defective, he shall be obliged to inform the online store immediately upon discovery of the same. If the customer fails to notify a defect, the goods shall be deemed to have been approved. 7.3 Defects in the goods shall not include damage caused by the customer through improper handling or handling contrary to the terms of the contract. Decisive for improper and contrary to contract are the specifications of the manufacturer of the goods.
8. Liability
8.1 The online store is liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees shall be independent of fault. The Online Shop shall be liable for slight negligence exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for the breach of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage, insofar as there is no liability for injury to life, limb or health. The Online Shop shall be liable to the same extent for the fault of vicarious agents and representatives. 8.2 The provision of the preceding paragraph (8.1) extends to damages in addition to performance, damages in lieu of performance and claims for compensation for futile expenses, regardless of the legal reason, including liability for defects, delay or impossibility.
9. Data Protection
Our data protection declaration is available at www.flenstech.de.
10. Copyright
The contents and works on these pages created by the site operators are subject to German copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
11. Contents and Links on our Pages
11.1 The contents of our pages were created with the utmost care. However, we cannot guarantee the accuracy, completeness and timeliness of the content. As a service provider, we are responsible for our own content on these pages in accordance with § 7 paragraph 1 TMG under the general laws. According to §§ 8 to 10 TMG, however, we are not obligated as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately. Our offer contains links to external websites of third parties, on whose contents we have no influence. We can therefore not assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.
12.1 Unless otherwise provided by law, the place of jurisdiction is the registered office of the online store. 12.2 German law shall apply to all disputes that may arise from this legal relationship. The application of UN purchasing law is excluded.
13. Validity of the GTC
With an order, the general terms and conditions of the online store are recognized.
Right of withdrawal:
You have the right to cancel your order within 14 days without giving any reason, provided that the goods are still unopened.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us, FlensTech GmbH, Gewerbepark 3, 24981 Handewitt, info@flenstech.de, phone: 0175-3751062 by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw the order. For this purpose, please fill out the revocation form completely and enclose it with the return package. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation:
If you revoke this contract (your order), we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. In the case of an order placed on account, upon receipt of the return in our warehouse, we will provide you with a cancellation receipt for the original order placed.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
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