General Terms of Business (AGB)
1. General information
Subject to individual negotiations and agreements, which have priority over these AGB, these AGB are exclusively applicable to purchases from our Internet shop at www.powerbox-systems.com, from our conventional shops and for catalogue orders.
Customers' terms of business which are contrary to our own terms are expressly excluded. We hereby expressly refute contrary affirmations on the part of our clients with reference to their own terms of business or purchase.
In transactions with companies our AGB also apply to future transactions of the same type, even if their validity was not expressly agreed on subsequent occasions.
These AGB also contain legal and practical information regarding the ordering procedure, order processing, your user rights and other aspects of trade.
2. Contract partners, conclusion of contract, technical processes, contract language, storage of contract data
a) Contract partners
Your contact partner is:
| PowerBox-Systems GmbH|
Phone: +49 906 99 999 200
Fax: +49 906 22 45 9
Registered court Augsburg HRB 22348, legal representative: Richard Deutsch, Managing Director.
b) Conclusion of contract; ordering procedure, especially with regard to our Internet shop
When you make a purchase using our Internet site www.powerbox-systems.com, or from our catalogue or at our conventional shop, the contract between you (the customer) and us comes into being when you use the order function of our Internet shop, as described below, or when you make a binding offer for one or more of our products and / or services in some other manner, and when we accept this offer (contract confirmation). Our acceptance of your offer may be made in writing (including by fax or e-mail), orally or by the action of supplying the ordered goods. All the offers on our websites and in our shop represent no more than a non-binding invitation to you to make us a corresponding offer to purchase.
As soon as we receive your order / offer, we initially confirm our receipt of your order, generally by e-mail (order confirmation). This action does not constitute acceptance of your order. Upon receipt of your order we swiftlycheck its content; within two working days we inform you whether we are able to fulfil and accept the order (contract confirmation).
If you do not receive contract confirmation within two working days, no contract has been concluded.
The ordering procedure in our Internet shop functions as follows:
- Move to the "Order" page, study the corresponding product list and select the desired products and their quantity by making an entry in the appropriate boxes; all entries can be corrected at any time until you actually despatch your order;
- Select your preferred method of carriage from the appropriate list;
- At any time you can refer to the "Sum" field, which always states the current total amount of your order (including VAT and carriage costs);
- Select your preferred method of payment;
- Tick the appropriate boxes to confirm that you have read and agreed with our data protection declaration, and with our AGB and legal information;
- When you click on the "Despatch" box, you transfer your order to us, and thereby make a corresponding binding offer of purchase;
- Shortly after this you will receive from us an initial order confirmation by e-mail, followed by confirmation of contract where applicable.
If you notice an error after concluding your order, or if you wish to alter your order, please send us an e-mail to this effect at email@example.com, stating the Order Number; we will then attempt to cater for your changed wishes. This does not apply if we have already completed the processing of your order, and the shipment has already left our premises.
c) Contract language; availability of contract text
Contract language; availability of contract text The contract language is German. Where our General Terms of Business (AGB) and User Information are available in a different language, the sole purpose of the translation is to make it easier for you to gain information. If discrepancies or contradictions are found between the German-language version of the AGB and User Information and the translation, the German-language version is decisive.
We do not store the text of the contract.
3. Object of the contract; product characteristics; special offers and similar; disposal, batteries
a) Object of the contract
The object of the contract is the goods and services which you have specified in preparing your order, as named in our order confirmation and / or contract confirmation, at the end-user prices stated on our website, in our price lists and in our conventional shops. Errors excepted.
b) Product characteristics
The characteristics of the ordered goods correspond to our product descriptions (data sheets, operating instructions, etc.), which we will gladly send you upon request, and which are stated on our Internet site (www.powerbox-systems.com) Illustrations in catalogues and / or on our Internet site may only offer an imprecise reproduction of our products; for technical reasons it is certainly possible that colours may be substantially inaccurate. Pictures are provided for illustration purposes only, and may not provide an accurate reflection of the actual product.
We take the trouble to make factual statements, such as those included in drawings, illustrations, specifications, descriptions of weight, dimensions and performance, as accurate as possible, but this information may also exhibit deviations to the extent accepted as normal in our industry.
One basic rule is that technical devices should never be operated until their overall temperature has reached normal room temperature. Goods may become very cold, especially when in transit, and compensation must be made for this effect before the equipment is used for the first time.
The characteristics described above do not constitute a fault or defect in the products which we supply.
c) Availability of goods, especially concerning special offers
All offers apply for such time as stocks are available. Limitations in this respect apply in particular to special offers, which can only be supplied as long as existing stocks permit. When our stock of such goods is exhausted, this releases us from our obligation to supply.
Whenever goods become unavailable, we inform customers as quickly as possible, and undertake to reimburse the customer without delay for any funds he has already sent us (e.g. pre-payment). We will not consider any claims beyond this.
d) Disposal of equipment and batteries
It is prohibited to dispose of unwanted electrical and electronic apparatus via the domestic waste system. As owner of equipment of this type you are under an obligation to separate such superfluous goods from the general refuse in your home, and to dispose of them separately. As end-user you are entitled to surrender your old electrical and electronic equipment to your local recycling centre at no charge. Product manufacturers are responsible for accepting back all devices discarded in this way, and for disposing of them in the proper manner.
Some of our products include dry and / or rechargeable batteries as standard, and it is also prohibited to discard these in the household waste. Such batteries are marked with a symbol showing a cancelled waste bin, under which is printed the chemical symbol for the heavy metal (Cd, Hg or Pb) which causes it to be categorised as containing hazardous material. As end-user you are legally responsible for returning such exhausted batteries. You can send or personally pass them on to us, and we will recycle or dispose of them in the proper manner.
4. Despatch, carriage risk
Goods are sent by parcel post; the package is transferred to the delivery company immediately after receipt of payment (funds transfer or banker's draft).
Where the order is from an end-user, we bear the risk of carriage.
Where the order is from a company, the risk of carriage is borne by the orderer from the moment the packet is transferred to the (first) transport individual.
5. Prices and payment, counter-claims and rights of retention
The prices quoted on our Internet sites, in our price lists or in our conventional shops are end-user prices in Euro, and include the statutory Value Added Tax (VAT). The indicated carriage costs are additional to these prices.
When goods are delivered to countries outside Germany, there may be additional charges such as customs duty, taxes and fees. These charges are payable by the customer, and it is the customer's responsibility to establish his liability in this regard.
Payment is by funds transfer or banker's draft; alternatively a valid credit card may be used at the customer's request.
You are not entitled to make any counter-claim unless such claim has been determined by due legal process, is undisputed, and has been acknowledged by us in writing. You may only exert a right of retention if the underlying claim is based on the same contract relationship.
6. Reservation of title
Delivered goods remain our property until we receive payment in full.
This also applies with respect to business customers, in which case title remains ours until we also receive complete settlement of future demands based on current business associations plus interest and costs.
7. Guarantee, guarantee periods
With regard to customers who are end-users, we grant a guarantee on used goods for a period of one year, commencing with the despatch of the goods; this abridged guarantee period does not apply if the goods can be shown to lack an assured characteristic or contain deliberately concealed defects, and guarantee claims conforming to the prevailing guarantee regulations.
In the case of new goods the guarantee period is two years, commencing with the despatch of the goods.
The guarantee is granted in accordance with statutory regulations, i.e. as end-user you are entitled to rectification (your choice of correction of the fault or replacement, within the statutory limits) and, if the appropriate legal requirements are met, you have a right to diminution or withdrawal and compensation; compensation is subject to the limitations set out in Para. 9 of these AGB.
b) Business customers
With regard to clients who are not end-users (business customers), the guarantee period for new goods is one year commencing with the despatch of the goods; we do not grant a guarantee on used goods.
This abridged guarantee period, or this exclusion of guarantee, does not apply if the goods can be shown to lack an assured characteristic or contain deliberately concealed defects, and guarantee claims conforming to the prevailing guarantee regulations.
The terms of the guarantee are in accordance with the statutory requirements, with the limitation that the type and manner of rectification (correction of the fault or replacement) is determined by us; compensation is subject to the limitations set out in Para. 9 of these supply conditions.
8. Requirement to notify defects
a) No requirement to notify defects for end-users
We request that end-users notify us of obvious faults in goods (e.g. transit damage) as quickly as possible, so that we can carry out suitable measures for correcting the defect. However, this is not a requirement to validate your claims with regard to such faults.
b) Examination and defect notification for business customers
Business customers, i.e. clients who are active traders in this branch of industry, must examine the goods, or have them examined, by competent staff without delay, and where appropriate evaluate them by means of an adequate number of random checks, at the latest within ten working days after despatch. Business customers must then notify us without delay of any detected defects; this must be carried out at the latest within three further working days, and notification must be sent to us in text form (e.g. e-mail, fax, letter) to the address stated under Para. 2, together with an accurate description of all discovered faults. If such an examination is not carried out and / or a complaint submitted, then the goods are deemed to be approved in respect of the determined defects, and in respect of such defects which could have been discovered in the course of an examination as described above.
Faults discovered subsequently must be notified to us in the appropriate manner without delay, at the latest within ten working days. If we receive no complaint, then the goods are considered to be approved in respect of such defects.
9. Restriction and limitation by lapse of time on our liability to pay compensation and reimbursement
With the following exceptions, claims for compensation and reimbursement (hereinafter termed claims for compensation) against us are limited to damages which might typically arise from the contract and might typically be foreseen, excluding any loss of earnings.
All claims against us for compensation lapse within one year commencing with despatch of the goods.
The limitations with regard to content and time do not apply:
- in cases of injury to life, body, health and / or
- in the case of deliberate or gross negligence on our part (including our staff), and / or
- in the case of infringement of substantial contractual obligations on the part of ourselves or our staff.
10. Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model withdrawal form, but it is not obligatory.
Download withdrawal form
Send your withdrawal to:
Fax: +49 906 22 45 9
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
********** End of withdrawal ***********
11. Applicable law and jurisdiction
The law of the Federal Republic of Germany applies; UN purchase law (CISG) is excluded.
If the ordering party is a businessman and a trader in this branch of industry, site of jurisdiction in all disputes arising from or relating to the contract relationship, including complaints regarding currency and cheques, is Donauwörth. In all other cases, especially when the customer is an end-user, statutory jurisdiction applies.
"General Terms of Business (AGB) and legal information from PowerBox-Systems GmbH, Ludwig-Auer-Straße 5, D-86609 Donauwörth, Germany Date of issue: 06/2010"