- ABS Strahltechnik, Owner Anne Ebel, Liederkerker Str. 9, 48565 Steinfurt -
General Terms and Conditions for Use with Business Customers as defined in Sections 14 and 310(1) of the German Civil Code (BGB).
§ 1 Scope
(1) All deliveries, services, and offers from ABS Strahltechnik, owned by Anne Ebel (hereinafter also referred to as the “Seller”), are made exclusively in accordance with these General Terms and Conditions, regardless of whether these transactions are concluded online or offline. These terms and conditions are an integral part of all contracts that the Seller concludes with its contractual partners (hereinafter also referred to as the “Customer”) regarding the deliveries or services offered by the Seller. They also apply to all future deliveries, services, or offers to the Customer, even if they are not separately agreed upon again.
(2) The online store’s offerings are directed exclusively at business owners as defined in Section 14 of the German Civil Code (BGB). A business owner is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.
(3) The client’s or a third party’s terms and conditions shall not apply, even if the seller does not specifically object to their validity in individual cases. Even if the seller refers to a letter that contains or refers to the client’s or a third party’s terms and conditions, this does not constitute consent to the applicability of those terms and conditions. Nor shall the performance of the service(s) be construed as such consent.
§ 2 Conclusion of the Contract
(1) Access to our online store is granted only to those who have verified their identity to the seller by creating a user account and providing their name and contact information prior to placing an order. At the same time, by registering, the customer confirms that they are a business entity. The customer is obligated to provide the information requested during registration accurately and completely. The customer will then receive a confirmation regarding the creation of the user account at the email address provided.
(2) The client must keep the login ID and password secure to prevent access by third parties. When entering the login ID and password, the client must ensure that third parties cannot see them.
(3) All offers made by the seller are subject to change and non-binding, unless they are expressly marked as binding or include a specific acceptance period.
(4) Orders placed by the customer constitute a binding offer to enter into a purchase agreement. The seller is entitled to accept this offer within 10 business days by sending an order confirmation via email. If the period specified in the first sentence expires without a response, the offer is deemed rejected.
(5) Information provided by the seller regarding the subject matter of the delivery or service, as well as any representations thereof, are only approximate unless suitability for the contractually intended purpose requires exact conformity. They do not constitute guaranteed characteristics, but rather descriptions or identifications of the delivery or service. Deviations customary in the trade and deviations resulting from legal requirements or constituting technical improvements are permissible, provided they do not impair the suitability for the contractually intended purpose.
(6) Subject to unforeseeable delivery delays on the part of manufacturers or distributors, price changes, errors, and prior sale. All information regarding availability and technical specifications is provided without guarantee. The manufacturer reserves the right to make changes to the scope of delivery.
§ 3 Prices and Payment Terms
(1) All prices are quoted in euros, net, plus the applicable value-added tax and, if applicable, shipping and packaging costs, which will be disclosed to the customer before the order is placed.
(2) For deliveries within Germany, the seller offers the following payment options, unless otherwise specified in the respective product description in the offer:
- Amazon Pay
- Cash payment upon pickup
- Credit card (Visa, MasterCard, and American Express)
- Direct debit
- PayPal
- Express Purchase with PayPal
- Purchase on account
- Instant Bank Transfer
- Prepayment via bank transfer
You can find a detailed description of the individual payment methods at the following link https://www.strahltechnik-express.de/zahlungsarten
(3) As a general rule, we reserve the right to determine the payment method, particularly for first-time orders, special cases, and large amounts.
(4) The client is entitled to set off claims only if the counterclaim is undisputed, has been legally established, or has been acknowledged by ABS Strahltechnik, owned by Anne Ebel.
(5) The client may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.
§ 4 Delivery and Shipping Terms
(1) Goods are generally shipped to the delivery address specified by the customer. For the purposes of processing the transaction, the delivery address specified in the seller’s checkout process shall apply. Notwithstanding the foregoing, if Amazon Pay or PayPal is selected as the payment method, the delivery address on file with Amazon or PayPal shall apply.
(2) If delivery to the customer is not possible or if the customer refuses to accept the delivery, the contracted shipping company will return the goods to ABS Strahltechnik, owned by Anne Ebel, or to our supplier, in which case the client must bear the costs for the unsuccessful delivery and return to ABS Strahltechnik, owned by Anne Ebel, or to our supplier. This does not apply if the client was temporarily prevented from accepting the offered service, unless ABS Strahltechnik, owned by Anne Ebel, had notified the client of the service a reasonable time in advance.
(3) Our obligation to perform/deliver is fulfilled upon handover of the goods to the shipping or transportation company. The goods are transported at the client’s risk, regardless of whether the shipment originates from the place of performance or who bears the freight costs. Accordingly, any transportation difficulties are also borne by the client. Delivery dates require our verifiable confirmation. Agreed delivery deadlines will be adhered to as far as possible; however, the corresponding contractual clauses are non-binding. This applies in particular to cases of force majeure or other operational or shipping disruptions that were unforeseeable to us at the time the contract was concluded. Contractual claims arising from an exceeded delivery deadline, in particular claims for damages, are excluded. However, the client may request, in writing, our written statement as to whether we will deliver within a reasonable grace period or whether we will withdraw from the contract. To the extent that the goods purchased from us are handed over to a third party for transport, we conclude the contract of carriage solely in the name of and on behalf of our client with the shipping or transportation company. The client authorizes us, notwithstanding Section 181 of the German Civil Code (BGB), to conclude the contract of carriage in its name. We do not become a party to the contract and assume no liability whatsoever for the transport of the goods or for damages of any kind caused by the shipping or transportation company. We are entitled to pay the costs for the transport of the purchased goods directly to the shipping or transportation company and then to invoice the client for these costs. We are only obligated to arrange the contract of carriage if the client places their order in a timely manner, i.e., at least three business days in advance. If the order is not placed in a timely manner as defined above, we are not obligated to deliver within a specific time frame.
(4) In the case of deliveries to construction sites, unmanned construction sites, and in particular storage areas, which are supplied based on the client’s order, the delivery notes are legally valid even without the signature of the client or the client’s agent.
(5) The offer of free shipping does not include any additional services such as delivery notifications, express or scheduled deliveries, return shipping fees, or (for freight forwarding) a second delivery attempt.
(6) For the duration of the customer’s default in acceptance, the seller is entitled to store the delivered goods at the customer’s risk and expense at its own premises, with a freight forwarder, or with a warehouse operator. During the duration of the default in acceptance, the customer must reimburse the resulting transportation and storage costs as well as the costs incurred for a second and any subsequent delivery attempts. The compensation shall be reduced to the extent that the customer proves that no expenses or damages were incurred.
§ 5 Right of Withdrawal and Return
1) Goods that have been properly delivered in accordance with the client’s order, or goods that have been prepared for shipment or shipped, cannot be returned. Exceptions to this require our express consent.
2) If the seller agrees to accept the return of delivered goods, the seller may charge restocking fees amounting to 15% of the value of the goods and demand reimbursement of the delivery costs incurred. In this case, the customer must also bear the return shipping costs incurred by the shipping or transportation company commissioned by the seller.
3) If the goods have already been shipped and the contracted shipping or transportation company returns the goods to ABS Strahltechnik, owned by Anne Ebel, or to our supplier, the client must bear the costs for the unsuccessful delivery and return to ABS Strahltechnik, owned by Anne Ebel, or to our supplier.
§ 6 Retention of Title
(1) Until full payment has been made, the goods remain the property of ABS Strahltechnik, owned by Anne Ebel. Ownership of the delivered products is not transferred to the customer until the purchase price has been paid in full. If you are a dealer, the following provisions apply in addition: You may resell the goods subject to retention of title in the ordinary course of business; however, you hereby assign to ABS Strahltechnik, owned by Anne Ebel, in full, all resulting claims against your customers to secure our payment claims. We accept this assignment. You shall immediately notify us in writing of any third-party access to the goods subject to retention of title or to the assigned claims and shall inform third parties of our rights. If you are in default, in whole or in part, on one or more payments; if you suspend your payments; or if an application has been filed to open insolvency proceedings against your assets, then you may no longer dispose of the goods subject to retention of title. In such a case, ABS Strahltechnik, owned by Anne Ebel, is entitled to withdraw from the contract, take back the goods subject to retention of title, revoke your authority to collect the receivables from the resale, demand information regarding the recipients of the goods subject to retention of title, notify them of the assignment of the receivables, and collect the receivables itself. Prior to the transfer of ownership, pledging, transfer of ownership by way of security, processing, or alteration is not permitted without the express consent of ABS Strahltechnik, owned by Anne Ebel.
§ 7 Warranty
(1) The customer must immediately inspect the delivered goods for deviations in quality and quantity and notify ABS Strahltechnik, owned by Anne Ebel, in writing of any apparent defects within one week of receipt of the goods; otherwise, the assertion of warranty claims is excluded. Hidden defects must be reported in writing to ABS Strahltechnik, owned by Anne Ebel, within one week of discovery; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. In this case, the client bears the full burden of proof for all prerequisites of the claim, in particular for the defect itself, for the time of discovery of the defect, and for the timeliness of the notice of defect.
(2) In the event of defects, ABS Strahltechnik, owned by Anne Ebel, shall, at its discretion, provide warranty service through repair or replacement.
(3) The client’s claims for defects are subject to a one-year statute of limitations.
(4) The sale of used items is made without any warranty.
(5) If ABS Strahltechnik, owned by Anne Ebel, delivers a defect-free item for the purpose of subsequent performance, ABS Strahltechnik, owned by Anne Ebel, may demand that the client return the defective item.
(6) Damage caused by improper actions or actions in breach of contract on the part of the client during installation, connection, operation, or storage shall not give rise to any claim against ABS Strahltechnik, owned by Anne Ebel.
§ 8 Limitation of Liability
(1) ABS Strahltechnik, owned by Anne Ebel, shall be liable for damages other than those resulting from injury to life, limb, or health only to the extent that such damages are attributable to willful misconduct or gross negligence or to a culpable breach of a material contractual obligation by ABS Strahltechnik, owned by Anne Ebel, or its agents. An obligation is considered essential to the contract if its fulfillment is a prerequisite for the proper performance of the contract and if the client may reasonably rely on its fulfillment. Any liability for damages beyond this is excluded. Claims arising from a warranty provided by ABS Strahltechnik, owned by Anne Ebel, regarding the quality of the purchased item and claims under the Product Liability Act remain unaffected by this provision.
(2) Given the current state of technology, we cannot guarantee that data communication via the Internet will be error-free and/or available at all times. We therefore assume no liability for the availability of our online store at all times.
§ 9 Image Rights
(1) All image rights are held by ABS Strahltechnik, owned by Anne Ebel. Use without express permission is not permitted.
§ 10 Final Provisions
(1) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for any disputes arising from the business relationship shall be, at the seller’s discretion, either Steinfurt or the customer’s place of business. For lawsuits against the seller, Steinfurt shall be the exclusive place of jurisdiction. Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected by this provision.
(2) The relationship between the seller and the customer is governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) does not apply.
(3) If the contract or these General Terms and Conditions contain any gaps, the legally effective provisions that the contracting parties would have agreed upon in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions—had they been aware of the gap—shall be deemed agreed upon to fill such gaps.
Note: The client acknowledges that the seller stores data arising from the contractual relationship in accordance with the provisions of the Federal Data Protection Act for the purpose of data processing and reserves the right to transfer the data to third parties to the extent necessary for the fulfillment of the contract.
We are required to inform you that the European Commission has established an online platform for online dispute resolution. You can access this platform via the following link: https://ec.europa.eu/consumers/odr. In this context, we are also required to provide you with our email address. It is: service@strahltechnik-express.de.
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
