General Terms and Conditions
I. General Terms and Conditions
§ 1 Basic Provisions
1. These General Terms and Conditions apply to all agreements between A.KRÜSS Optronic GmbH, Alsterdorfer Straße 276-278, 22297 Hamburg, Germany – hereinafter referred to as the provider – and the customer unless expressly agreed otherwise by written agreement between the customer and the provider. Deviating or conflicting conditions are not recognized by the provider, unless he has expressly agreed to them.
2. A consumer, in terms of the following regulations, is any natural person that concludes a legal transaction for a purpose that is outside their trade, business or profession. A company is any natural person, legal entity or partnership that exercises their independent professional or commercial activity when concluding a legal transaction.
3. The language of the agreement is German or English.
§ 2 Object of the Agreement
The object of the agreement is the sale of goods and services. The details of the goods, in particular the key features, can be found in the article description and in the additional information on the provider’s internet site. Our offers on the website are non-binding and are not a binding offer to conclude a contract.
§ 3 Conclusion of the Agreement
1. The provider’s product presentations do not represent a binding offer for the conclusion of an agreement; rather, they are an invitation to submit a bid (customer offer).
2. The customer may submit their purchase offer by phone, e-mail, fax, in writing or via the online ordering system of our Gemmo-Shop. When submitting the binding purchase offer (order) via the online shopping cart system, the goods intended for purchase are stored in the “shopping cart” of our Gemmo-Shop. The customer there can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up in the shopping cart of our Gemmo-Shop and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. Before the order is sent, the customer can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. When the order is placed using the “Place order in conjunction with a liability to pay” button, the customer are considered to have made a binding offer to us. They then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
3. The offer acceptance (and with it the conclusion of the agreement) always takes place by confirmation in text form (e.g. e-mail) in which the processing of the order or delivery of the goods is confirmed to the customer or by delivery of the goods. In the online ordering system of our Gemmo-Shop, the acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
4. The processing of the order and transmission of all the information relating to the conclusion of the agreement takes place per e-mail and is partially automated. The customer must thereby ensure that the e-mail address provided to the provider is valid, that the receipt of the e-mail is technically secured and in particular that the e-mail is not impeded by SPAM filters.
5. The contractual provisions with details of the ordered goods and / or booked services including these general terms and conditions and the cancellation policy will be sent to the customer by e-mail with acceptance of the contract offer or with the notification thereof. A storage of the contract terms by the provider does not occur.
§ 4 Prices, Shipping Costs
1. Additional duties, taxes or fees may be payable by the customer if the delivery is to a non-EU country. However, these are payable not to the provider but rather to the responsible customs and tax authorities. It is recommended that the customer requests the specific details from the customs and tax authorities prior to ordering.
2. The applicable shipping costs are not included in the purchase price. They are displayed separately during the ordering process and must also be borne by the customer unless a delivery free of shipping costs has been agreed.
3. Costs arising through payment transactions are to be covered by the customer. Such costs are for example arising when opening a letter of credit, bank transfer charges outside of Germany or payment collection costs.
§ 5 Payment and Shipping Conditions
1. Legal consumer regulations specify that the risk of accidental loss and accidental deterioration of the sold goods during shipping passes to the customer only on transfer of the goods to the customer, regardless of whether the shipping is insured or uninsured. If the customer is a company, the delivery and shipping takes place at their own risk.
2. Unless explicitly agreed upon, the deduction of discounts is not permitted.
3. The customer is only entitled to set-off insofar as his counterclaims are undisputed or legally binding. The customer is only entitled to assert rights of retention based on counterclaims from the same contractual relationship.
§ 6 Right of Retention, Reservation of Title
1. The customer may exercise a right of retention only if it relates to receivables from the same agreement relationship.
2. The goods remains the property of the provider until full payment of the purchase price.
3. The following also applies if the customer is a company:
a) The provider retains ownership of the goods until complete settlement of all receivables from the on-going business relationship. Pledging or assignment as security is not permitted prior to transfer of the ownership to the goods subject to reservation.
b) The customer may resell the goods in the usual course of business. In this case, the customer now assigns all receivables in the amount of the invoice that arise from the resale to the provider accepting the assignment. The customer is also entitled to collect the receivables. If the customer does not meet its payment obligations in an orderly manner, the provider reserves the right to collect the receivables itself.
c) If the goods subject to reservation are combined or mixed, the provider acquires co-ownership of the new item proportional to the invoice value of the goods subject to reservation to the other processed products at the time of processing.
d) The provider undertakes to release the securities to which it is entitled at the customer’s request when the realisable value of the provider’s securities exceeds the receivables to be secured by more than 10 %. The Provider is responsible for selecting the securities to be released.
§ 7 Warranty
1. The statutory regulations apply.
2. As a consumer, the customer is asked to review the goods for completeness, obvious defects and transport damage on receipt and to notify the provider and the shipping agent of complaints as soon as possible. If the customer does not meet these requirements, statutory warranty claims remain unaffected.
3. The following applies, in derogation of Subsection 1, if the customer is a company:
a) Only the provider’s internal information and the manufacturer’s product description are deemed binding for the condition of the goods, to the exclusion of all other advertising, public promotions and statements made by the manufacturer.
b) The customer is obliged to immediately inspect the goods with due care for quality and quantity deviations and notify the provider in writing of obvious damage within seven days of receipt of the goods; timely shipment is sufficient for observing the deadline. This also applies to concealed defects subsequently discovered, and from the time of discovery. The assertion of warranty claims is excluded if the inspection and reporting obligation is violated, unless it is a defect that was not apparent during the investigation.
c) In the event of defects, the provider shall provide the warranty either by subsequently improving the good or by replacement delivery, at the provider’s discretion. If the removal of the defect fails twice, the customer may either demand a reduction in price or withdraw from the agreement, at its discretion. In the event of subsequent improvement, the provider does not have to bear the increased costs that arise as a result of transferring the goods to a location other than the place of fulfilment if the transfer does not correspond to the intended use of the goods.
d) The warranty period extends for one years from the delivery of the goods. The reduced warranty period does not apply to damages culpably caused by the provider related to death, injury or impaired health, gross negligence or intentionally or maliciously caused damage, as well as to rights of recourse pursuant to §§ 478, 479 BGB (German Civil Code).
§ 8 Liability
1. The provider shall be liable without limitation for damages arising from death, injury or impaired health, in all cases of intent and gross negligence, fraudulent concealment of a defect, for warranty transfers for the condition of the object of purchase, for damage in accordance with the Produkthaftungsgesetz (Product Liability Act) and in all other cases regulated by law.
2. If essential contractual duties are affected, the provider’s liability in the event of slight negligence shall be restricted to damages that are foreseeable and typical of the agreement. Essential contractual obligations are important obligations related to the nature of the agreement, violation of which would threaten the achievement of the purpose of the agreement, as well as obligations that the agreement imposes on the
provider in order to achieve the purpose of the agreement based on its content, the fulfilment of which enables the proper implementation of the agreement in the first place and compliance with which the customer can regularly rely on.
3. In the event of contractual obligations that involve minor negligence, liability is excluded if immaterial contractual obligations are violated.
§ 9 Supplier questionnaires
In answer to supplier questionnaires we charge a fee of 30 €. Furthermore, we reserve our right of not replying to questions without quality relevance. Customers may obtain a standardized supplier questionnaire from the provider.
§ 10 Supplier
Suppliers of A.KRÜSS Optronic are obliged to keep RoHS and REACH compliance directives of the EU at all times.
§ 11 Rental conditions
Renting the analytic laboratory devices (gemmological devices are excluded from the rental option) is possible under the following conditions:
The rental fee is 10 % of the list price for the start of every 4 weeks. This is due at the end of the rental or after each corresponding interim invoice after four weeks, payable within 10 net days. VAT, postage, and packaging costs extra.
A flat fee for processing and verification will be charged independently of rental duration, to the amount of 150 €. This flat rate also includes transport insurance for the device(s).
If the device(s) is (are) ordered in writing within 1 month after the start of the rental, the rental fee and the verification fee will be offset at 100 % against the purchase price. When purchasing after more than 1 month after delivery, the rent of the first month is charged at 100 %, the rent of the second and third months are charged at 75 %, and all subsequent months are offset at 50 % against the purchase price.
The device(s) remains (remain) the property of the supplier for the duration of the test measurement and until complete payment. If during the test or return transport damages to the device occur, the renter is liable for the resulting repair costs (labour, spare parts, transporting costs, etc.). The return of the device(s) is at the expense of the renter.
All devices must be cleaned before return and all test residue removed. Should the lender return uncleansed or contaminated equipment, these equipment will be cleaned by the supplier and the resulting costs will be charged to the customer.
§ 12 Trademarks and Copyrights
The customer grants the supplier the unlimited right to use the client’s company including website, logo, short description of the economic cooperation and corresponding linking as reference for distribution and marketing purposes (for example, online, in brochures, publications). The customer also declares to be the owner of the rights of his website and his logo. Any claims of third parties resulting from the intended use of the company name and / or the logo can not be asserted against the provider. The customer indemnifies the supplier in this respect from any liability. The customer is entitled at any time to revoke the granting of rights according to sentence 1 without giving reasons.
§ 13 Data protection
The quality requirements of the provider include being responsible with the personal data of the customer.
§ 14 Governing Law, Place of Fulfilment, Place of Jurisdiction
1. German law applies to the exclusion of the UN purchasing law (CISG). For consumers, this governing law applies only if this does not exclude the protection granted by the mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).
2. The provider’s registered office is the place of fulfilment for all services relating to the business relationships with the provider and the place of jurisdiction, provided the customer is a merchant, a legal entity under public law or a special fund under public law and not a consumer. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or whose residence or usual place of residence is unknown at the time an action is filed. The authority to initiate proceedings at another statutory place of jurisdiction remains hereby unaffected.
II. Customer information
1. Identity of the seller
A.KRÜSS Optronic GmbH
Alsterdorfer Straße 276-278
22297 Hamburg Germany
Alternative dispute resolution:
The provider points out to the customer that in addition to the ordinary legal process, he also has the possibility of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No 524/2013 and at the Internet address: ec.europa.eu/consumers/odr.
The e-mail address of the provider is: firstname.lastname@example.org.
The provider points out according to § 36 VSBG that he is not obliged to participate in an out-of-court dispute settlement procedure before a consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations “conclusion of the contract” in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online – shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
Last update: October 2018