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GTC


A. General Terms and Conditions

§ 1 General - Scope of application - Customers

1. These General Terms and Conditions apply to contracts for the sale of goods between Fördertechnik Werl GmbH and its customers by means of distance selling in the current version at the time of conclusion of the contract. They do not apply to sales of goods at the business premises of Fördertechnik Werl GmbH. Fördertechnik Werl GmbH uses other General Terms and Conditions for the sale of goods at the business premises of Fördertechnik Werl GmbH. Likewise, these General Terms and Conditions do not apply to the rental of machines by Fördertechnik Werl GmbH.

All offers from Fördertechnik Werl GmbH are aimed at customers in Germany and abroad, whereby all goods are offered exclusively for collection by the customer, unless specific delivery areas and delivery costs are stated in an individual offer. If goods are offered exclusively for collection by the customer, customers can contact Fördertechnik Werl GmbH by email, telephone or letter and enquire whether a sale of goods with delivery to the customer can also be offered. If Fördertechnik Werl GmbH decides to offer a sale of goods with delivery to a customer in particular cases, Fördertechnik Werl GmbH will forward to this customer a separate contract offer stating the delivery costs.

2. The General Terms and Conditions of Fördertechnik Werl GmbH apply exclusively. Conflicting, deviating or supplementary general terms and conditions used by the customer shall not become part of the contract, even if known, unless Fördertechnik Werl GmbH has expressly declared its acceptance of conflicting, deviating or supplementary general terms and conditions used by the customer in whole or with regard to individual provisions.

3. Although the offers of Fördertechnik Werl GmbH are predominantly aimed at entrepreneurs, customers of Fördertechnik Werl GmbH within the meaning of these General Terms and Conditions may be both consumers and entrepreneurs.

Entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity.

Consumers within the meaning of § 13 BGB are natural persons who conclude a legal transaction for purposes that can be attributed neither predominantly to their commercial nor their independent professional activity.

The provisions for entrepreneurs apply to legal entities under public law or special funds under public law.

4. The goods are sold only to persons who are of legal age.

§ 2 Contract language – storage of the contract text

1. The contract language is German.

2. If a customer orders the goods by email or letter, the contract text will be stored by Fördertechnik Werl GmbH and, upon request, sent to the customer by email or letter together with the General Terms and Conditions valid at the time of conclusion of the contract.

§ 3 Offers and conclusion of contract via the website, email, telephone or letter

1. All offers from Fördertechnik Werl GmbH are subject to change and non-binding. A contract between Fördertechnik Werl GmbH and the customer is only concluded when Fördertechnik Werl GmbH accepts an offer from a customer. In the event of errors in writing or calculation, as well as errors in the context of a product description, Fördertechnik Werl GmbH reserves the right not to accept an order.

2. By sending an order to Fördertechnik Werl GmbH by email, telephone or letter, the customer is making an offer to conclude a purchase contract with Fördertechnik Werl GmbH.

3. The offer is accepted and the contract with Fördertechnik Werl GmbH is concluded by means of an explicit declaration of acceptance by email, telephone or letter, or, in the case of an order by email or letter, by sending the ordered goods to the customer.

4. Fördertechnik Werl GmbH is entitled to accept the offer of a contract made by email or letter within 5 days of receipt of this offer by Fördertechnik Werl GmbH by means of an explicit declaration of acceptance or by sending the ordered goods. If the order is received by telephone, the order will be accepted or rejected either during the telephone conversation or Fördertechnik Werl GmbH will send a separate contract offer by email or letter after the telephone conversation, which the customer can accept or reject.

§ 4 Delivery of goods

1. Fördertechnik Werl GmbH offers goods for collection by the customer at the registered office of Fördertechnik Werl GmbH.

2. If Fördertechnik Werl GmbH offers to deliver the goods to a delivery address specified by the customer in particular cases, Fördertechnik Werl GmbH will state the delivery costs and delivery time in the product description or in a separate offer. If the product description or a separate offer does not state a delivery time, an ordered product can be delivered immediately. If the customer does not select invoice payment, the delivery time is calculated from the date of receipt of the customer's payment.

3. Fördertechnik Werl GmbH is entitled to deliver the goods in several shipments, provided that this is acceptable to the customer. If several shipments are made, Fördertechnik Werl GmbH will bear the additional shipping costs.

§ 5 Payment terms – shipping costs

1. The customer may choose to pay for the goods ordered by cash in advance, cash on collection or by invoice. Fördertechnik Werl GmbH reserves the right to offer payment by invoice only to certain customers or for certain products. Payment by invoice is not offered to resellers.

2. All prices are understood to include the statutory value added tax at the amount prescribed by law. The value added tax is shown separately on the invoice.

In addition to the purchase price, Fördertechnik Werl GmbH shall charge the customer the agreed shipping costs in the event of delivery.

§ 6 Transfer of risk

1. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery, and in the case of a sale to destination according to the buyer's instructions, upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

2. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold item shall only pass to the buyer upon delivery of the item to the buyer, even in the case of a sale to destination.

3. The transfer is deemed to have taken place if the buyer is in default of acceptance.

§ 7 Retention of title

1. The delivered goods remain the property of Fördertechnik Werl GmbH until full payment has been received.

2. In the case of entrepreneurs, Fördertechnik Werl GmbH retains title until all claims against the buyer to which Fördertechnik Werl GmbH is entitled for any legal reason whatsoever arising from the business relationship have been fulfilled.

3. The customer is obliged to inform Fördertechnik Werl GmbH immediately of any seizure or other impairment of the reserved goods by third parties.

§ 8 Right of withdrawal for consumers

1. Consumers are entitled to the statutory right of withdrawal. Fördertechnik Werl GmbH informs customers on its website about the existence or non-existence of a right of cancellation as well as the conditions, details of the exercise, in particular the name and address of the person to whom the withdrawal is to be declared, and the legal consequences of a withdrawal. A withdrawal information in text form corresponding to the legal requirements will also be communicated to the customer in text form when ordering by e-email or letter at the latest upon conclusion of the contract. If the order is placed by telephone, the withdrawal information will be communicated to the customer in text form immediately after conclusion of the contract.

2. Consumers must return or hand over goods which, due to their nature, can normally be returned by mail (including parcel services) to Fördertechnik Werl GmbH immediately and in any case within fourteen days at the latest from the day on which consumers inform Fördertechnik Werl GmbH of the withdrawal from this contract. The time limit is met if consumers dispatch the goods before the expiry of the fourteen-day period. Consumers shall bear the direct costs of returning the goods.

Fördertechnik Werl GmbH will collect the goods if the goods cannot be returned normally by mail (including parcel services) due to their nature. Consumers shall bear the direct costs of returning the goods. Fördertechnik Werl GmbH will provide information on the costs of returning the goods as part of the withdrawal information.

3. In accordance with § 312g para. 2 no. 1 BGB, the right of withdrawal does not apply in particular to distance contracts

- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer.

§ 9 Warranty – Liability – Rescission

1. If the customer is an entrepreneur, the customer's claims for defects in new goods shall become statute-barred within one year from the start of the statutory limitation period. In the case of used goods, the sale to entrepreneurs shall be made to the exclusion of any warranty, unless otherwise agreed with regard to the goods offered.

If the customer is a consumer, the customer's claims for defects shall become statute-barred within two years from the start of the statutory limitation period. In the case of used goods, the claims of a consumer for defects shall become statute-barred within one year from the start of the statutory limitation period, provided that such a reduction in the limitation period has been contractually agreed after the consumer has been duly informed.

2. If the customer is an entrepreneur, Fördertechnik Werl GmbH shall initially fulfil its warranty obligations for defective goods by either remedying the defect or delivering a defect-free replacement, at its own discretion. If the customer is a consumer, the customer may demand subsequent fulfilment in the form of either the remedying of the defect or the delivery of a defect-free item, at its own discretion.

Should the subsequent fulfilment fail, the customer can reduce the purchase price or – in the case of a significant defect – cancel the contract.

3. Fördertechnik Werl GmbH shall not be liable for any damage not caused to the goods themselves, nor for any other financial losses incurred by the customer.

4. The limitations of warranty and liability according to paragraphs 1 to 3 shall not apply in the case of intent, gross negligence or simple negligence with regard to a significant contractual obligation on the part of Fördertechnik Werl GmbH or its fulfilment agents, in the case of personal injury, in the case of damages which have arisen due to the absence of a quality which Fördertechnik Werl GmbH has guaranteed, in the case of claims in accordance with §§ 1, 4 of the Product Liability Act and in the case of recourse claims of an entrepreneur against Fördertechnik Werl GmbH as a supplier in accordance with § 478 of the German Civil Code. In this context, significant contractual obligations are obligations of Fördertechnik Werl GmbH, whose violation endangers the purpose of the contract or whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer as a contractual partner may regularly rely, for example in a sales contract the obligation of the seller to provide the buyer with an item free of material defects.

If the limitations of liability do not apply, the statutory provisions on liability for defects shall apply.

5. Customers must notify Fördertechnik Werl GmbH of any obvious defects and transport damage in writing within two weeks of receipt of the goods.

If the customer is an entrepreneur, the assertion of the warranty claim is otherwise excluded. For the entrepreneur, the timely dispatch is sufficient to meet the time limit.

If the customer is a consumer, the consumer is entitled to assert the full warranty claims even if the consumer fails to report an obvious defect or transport damage.

If the customer is a merchant, the commercial duty to give notice of defects in accordance with § 377 HGB (German Commercial Code) shall also apply.

6. In the event of the cancellation of a purchase contract with entrepreneurs, Fördertechnik Werl GmbH may refuse to repay the purchase price until the goods have been returned to Fördertechnik Werl GmbH.

§ 10 Final provisions

1. The legal relationship between the customer and Fördertechnik Werl GmbH shall be governed by German law to excluding the UN Convention on Contracts for the International Sale of Goods. If provisions of a country in which a customer who is a consumer has his habitual residence provide a protection for consumers that does not exist under German law, these provisions shall apply to the legal relationships between this customer and Fördertechnik Werl GmbH.

2. lf the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Fördertechnik Werl GmbH. The same applies if the customer is an entrepreneur and moves his place of residence or habitual abode abroad after conclusion of the contract or if the customer's place of residence or habitual abode is not known at the time the action is filed.

3. We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and do not offer to participate in such a procedure.

4. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

B. Customer information:

1. Information on the statutory right of withdrawal for consumers

Withdrawal information

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us

Fördertechnik Werl GmbH

Am Maifeld 4

59457 Werl

Werl, Germany

Phone: +492292 - 91290331

Email: info@foerdertechnik-werl.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by postal mail or email). You can use the attached template withdrawal form, but this is not mandatory.

To meet the time limit for withdrawal, it is sufficient for you to send your notice of exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall refund to 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), immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from 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; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you for goods which, due to their nature, can normally be returned by mail (including parcel services) until we have received the goods back or until you have provided proof that you have shipped the goods to us, whichever is earlier.

You must send goods which, due to their nature, can normally be returned by mail (including parcel services) immediately and in any case within fourteen days of the day on which you notify us of the cancellation of this contract at the latest to

Fördertechnik Werl GmbH

Am Maifeld 4

59457 Werl

Werl, Germany

or hand them over to us. The time limit is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

We will collect the goods if they cannot be returned normally by mail (including parcel services) due to their nature. You bear the direct costs of returning the goods. The costs are estimated at a maximum of around EUR 100.

You 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 their condition, properties and functionality.

Notice for consumers

In accordance with Section 312g (2) No. 1 BGB, the right of withdrawal does not apply in particular to distance contracts

- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer.

2. Information on the essential characteristics of the goods or services

The description of the individual product provided by us in the product description or as part of a separate offer contains all the essential characteristics of the goods or services.

3. Information on the conclusion of the contract

If you place an order by email, telephone or letter, the contract is concluded in accordance with § 3 of our General Terms and Conditions.

4. Information on payment and delivery

Our terms of payment as well as any shipping costs and delivery times can be found under §§ 4 and 5 of our General Terms and Conditions in combination with our information in the product description or as part of a separate offer.

5. Information on the storage of the contract text

If you place an order by email or letter, the text of the contract will be stored by us and sent to you by email or letter on request together with the General Terms and Conditions valid at the time of conclusion of the contract.

6. Information on the languages available for the conclusion of the contract

Only the German language is available for the conclusion of the contract.

7. Information on the statutory liability for defects for the goods

With regard to the statutory liability for defects for goods and the contractual provisions on warranty, liability and reversal, we refer to § 9 of our General Terms and Conditions.

8. Information on codes of conduct to which the seller has subjected himself

Fördertechnik Werl GmbH has not subjected itself to any code of conduct.

9. Return and disposal of batteries and accumulators

Some of our products may contain batteries. Batteries or rechargeable batteries may also be permanently installed in the devices themselves.

In connection with the sale of these batteries or accumulators, we as a retailer are legally obliged to inform you as the end user of the following:

Your obligation as the end user

The disposal of batteries with household waste is expressly prohibited. In accordance with § 11 BattG, you as the end user are obliged to return batteries to a distributor or to a collection point set up for this purpose by the public waste disposal authorities (municipal collection point). You can return batteries to us by mail or return them free of charge in normal household quantities to municipal collection centres or local retailers.

Our obligation as a retailer

We are legally obliged to take back batteries of the type that we have or have had in our stock in normal household quantities. You can therefore return such batteries to us by mail after use at the address given below or return them to an official collection point near you. We will be happy to help you find such a collection point.

What do the symbols on the batteries, rechargeable batteries or products mean?

Batteries that contain harmful substances are labelled with the symbol of a crossed-out waste bin. The chemical name of the harmful substance, "Cd" for cadmium, "Pb" for lead or "Hg" for mercury, which is contained in the battery, can be found under this waste bin symbol.

Please feel free to contact us for further clarification of your questions regarding proper disposal:

Fördertechnik Werl GmbH

Am Maifeld 4

59457 Werl

Werl, Germany

Phone: +492292 - 91290331

Email: info@foerdertechnik-werl.de

Internet: www.foerdertechnik-werl.de