AGB
GENERAL TERMS AND CONDITIONS
§ 1 Scope, customer information
The following general terms and conditions (GTC) govern the contractual relationship between E-M-C-direct GmbH & Co KG and consumers and entrepreneurs who purchase goods through our store www.emc-direct.de. Contradictory or from our terms and conditions deviating conditions are not recognized by us. The contract language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a binding offer to you to buy goods.
(2) You can place one or more products in the shopping cart. In the course of the ordering process you enter your data and wishes regarding payment method, delivery modalities, etc.. Only by clicking the order button you accept the offer to conclude a purchase contract. You can also conclude the purchase contract by telephone or fax.
§ 3 Customer information: Storage of the contract text
Your order with details of the concluded contract (e.g. type of product, price, etc.) will be stored by us. However, you will not have access to your past orders via the Internet. We will send you the GTC, but you can also access the GTC at any time via our website. If you want to save the product description on our store page for your own purposes, you can make a screenshot (= screen shot) at the time of ordering, for example, or alternatively print out the entire page.
§ 4 Customer information: Correction notice
You can correct your entries at any time before submitting the order by pressing the delete key. We will inform you about further correction possibilities on the way through the order process. You can also exit the ordering process completely at any time by closing the browser window.
§ 5 Retention of title
The object of purchase remains our property until full payment.
§ 6 Legal liability for defects and limitation period
(1) Liability for defects
Statutory liability rights for defects exist for our goods.
(2) Limitation of liability rights for defects (warranty) vis-à-vis consumers in the case of used goods
There are two periods for your claims for defects, both of which run from delivery of the used goods to you.
We reduce the liability period for defects from two years to one year.
Defects that occur within this liability period, however, you can claim until the expiry of the statutory limitation period of two years.
Excluded from the reduction of the liability period are claims for damages, claims due to defects that we have fraudulently concealed, and claims arising from a guarantee that we may have assumed for the condition of the item. The statutory periods shall apply to these excluded claims. In the event of a warranty period, the longer period shall apply in favor of the warranty claimant.
(3) Limitation of liability for defects (warranty) vis-à-vis entrepreneurs
Your warranty claims due to defects in the purchased goods shall become statute-barred one year after the transfer of risk. The following claims are excluded from this regulation
- for damages
- due to fraudulently concealed defects
- from a possibly given guarantee
- for recourse according to §§ 445a, 478 BGB
- due to defects in building materials and components which have been used for a building in accordance with their normal use and have caused its defectiveness.
The statutory limitation periods shall apply to these excluded claims. In the event of a warranty period, if any, the longer period shall apply in favor of the Buyer.
§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages from injury to life, body or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.
§ 8 Consumer information: Non-participation in dispute resolution proceedings
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
