General terms and conditions
General terms and conditions
I. Subject matter of the contract
The following GTC apply exclusively to the ordering and sending of goods ordered by the customer on the Internet via online shopping and online auctions. With an order or the submission of an auction bid, these terms and conditions are accepted.
II Exclusive validity of the GTCs
Within the scope of these aforementioned services, the following General Terms and Conditions shall apply exclusively.
III. conclusion of the contract
1 All offers of Assindia Chemie GmbH are subject to confirmation. The contract between the customer and Assindia Chemie GmbH is only concluded by an order and its acceptance by Assindia Chemie GmbH. The customer’s order is placed online by filling out the order/auction form provided on the Internet by Assindia Chemie GmbH or eBay. Assindia Chemie GmbH accepts the order by sending a confirmation by email to the customer or by delivering the ordered goods. An order is alternatively also possible by phone or fax.
2. the order is limited to commercial quantities.
Dealer conditions on request.
1. Unless otherwise agreed, delivery shall be ex warehouse of Assindia Chemie GmbH.
2. the deadlines and dates stated by Assindia Chemie GmbH are non-binding. Assindia Chemie GmbH is authorized to deliver the ordered goods to the customer as soon as possible.
3. if the customer does not accept the goods despite a deadline set for him or if he refuses to accept the goods, Assindia Chemie GmbH may, at its option, withdraw from the contract.
V. Retention of title
Assindia Chemie GmbH retains ownership of the purchased goods until the customer has paid in full the purchase price for the goods, as well as all other goods from the order.
The customer may set off only those claims which have been finally adjudicated or which are not disputed by Assindia Chemie GmbH. The customer shall only be entitled to a right of retention on the basis of claims arising from the same contractual relationship.
If the customer is in default of payment, interest will be charged on the outstanding amounts at a rate of 3% above the prime rate of the European Central Bank. In this respect, the customer reserves the right to prove that Assindia Chemie GmbH has suffered less damage or no damage at all. Assindia Chemie GmbH expressly reserves the right to assert further claims.
VIII. Warranty and liability
(1) The warranty shall be governed by the statutory provisions, unless otherwise stipulated below.
If a defect occurs in the purchased item within the warranty period, the customer may initially only demand rectification of the defect. If a second attempt at rectification fails or if the customer can no longer be reasonably expected to accept rectification, a replacement delivery or a reduction in the purchase price shall be made.
3. Assindia Chemie GmbH shall only be liable for property damage or financial loss which has not occurred to the purchased item itself in the event of intentional or grossly negligent conduct.
4. in cases of ordinary or simple negligence, Assindia Chemie GmbH shall be liable for property damage and financial loss only in the event of a breach of so-called cardinal obligations. The liability is limited to the foreseeable typical contractual damage. Liability for contract untypical indirect or consequential damages is excluded.
(5) To the extent that the liability of Assindia Chemie GmbH is excluded or limited, this shall also apply to the liability of all persons whose conduct can be attributed to Assindia Chemie GmbH.
Mandatory statutory liability provisions shall remain unaffected by the above provisions.
For the rest, all orders are subject to a warranty period of liability for material defects as also stated in the description text of the article, if applicable. For used goods, the warranty is generally reduced to 12 months. Any transport damage found and all complaints must be reported in writing (fax or e-mail) within 3 days of receipt of the goods. Telephone or verbal notifications do not apply. In the event of justified complaints, we shall deliver shortfalls and otherwise repair the goods or make a replacement delivery at our discretion. In the event of a claim within the warranty period, the buyer should please return the item to us with original receipts attached, if possible postage prepaid according to the value of the goods. The obligation to remedy a defect or to make a replacement delivery presupposes that the purchaser has paid the full purchase price. Our warranty obligations shall expire if the goods delivered by us are handled improperly. Furthermore, any warranty by us shall expire if modifications or other interventions are made by the purchaser or third parties without our express consent. This warranty excludes damage caused by improper handling (e.g. impact, dropping, mixing of products, etc.).
X. Right of withdrawal
Assindia Chemie GmbH grants the customer the right of withdrawal according to. §3 Distance Selling Act in conjunction with. § 361 a BGB. Right of return acc. §3 Distance Selling Act in conjunction with § 361 b BGB. There is no right of withdrawal: for the delivery of goods made to customer specifications or specially ordered, for sales contracts concluded through auctions / auctions (§ 156 BGB ). For contractual relationships outside the EU, the right of withdrawal does not apply.
X a. Cancellation policy
You can cancel your contract declaration within two weeks without giving reasons in writing (eg letter, fax, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction. To comply with the revocation period, it is sufficient to send the revocation or the goods in time The revocation is to be sent to: ASSINDIA Chemie GmbH, D-46240 Bottrop / Germany, Wilhelm-Tenhagen-Straße 14
X b. Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss of value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection as it would have been possible in a retail store. In addition, you can avoid the obligation to pay compensation by not using the item as an owner and refraining from doing anything that could impair its value. Items that can be shipped by parcel are to be returned at our expense and risk. Exception: In the case of a return from a delivery of goods whose total order value is up to 40 euros, you have to bear the cost of return if the delivered goods correspond to those ordered. Otherwise, the return is free of charge for you. Items that cannot be shipped by parcel will be picked up from you.
In any case, please contact us in advance via email so that we can briefly discuss the details of the return transport. If possible, always send returns with sufficient postage to the above address after consultation with Assindia Chemie GmbH. For the return shipment, please use the original packaging or packaging that corresponds to our shipping packaging with the protective devices to avoid damage to the goods. If you are entitled to a refund of the costs of the return shipment, we will immediately transfer the corresponding amount to you.
The return should be accompanied by a copy of the invoice and, if necessary, a description of the error.
XII. Data protection
Without your express consent, your data will be used exclusively for the processing of your order and stored within the framework of the business relationship by computer system. Your data will only be passed on to companies commissioned with the delivery if this is necessary for the processing of the order. Otherwise, the data will be treated as strictly confidential and will not be made available to third parties.
XIII Place of performance, place of jurisdiction
For all present and future claims arising from the business relationship, including claims based on bills of exchange and checks, the exclusive place of jurisdiction for merchants shall be the registered office of the seller. The same place of jurisdiction shall apply if the Buyer does not have a general place of jurisdiction in Germany, moves its place of residence or habitual abode out of Germany after conclusion of the contract or its place of residence or habitual abode is not known at the time the action is brought.
The place of jurisdiction and performance for fully qualified merchants is Bottrop.
XIV Final Provisions
Should one or more provisions of these GTC be invalid, this shall not entail the invalidity of the entire contract. The invalid provision shall be replaced by the applicable statutory provision.
This contract shall be governed exclusively by German law.