General Terms and Conditions of Business with Customer Information
1. Scope of application
1.1. The following General Terms and Conditions of Business apply with the exclusion of other General Terms and Conditions of Business for the business relationship between Voleatech GmbH
72762 Reutlingen (known in the following as the Vendor) and the customer, (known in the following as the Customer). What is decisive is the version which is valid at the time of your order. Rights above and beyond these General Terms and Conditions to which we are entitled in accordance with statutory provisions remain unaffected.
1.2. You can contact our customer service for questions, complaints and claims on workdays from 9:00 to 17:00 on this number: +49 7121 539 550 and also via email at email@example.com.
1.3. Consumers within the meaning of these terms is any natural person who enters into a legal transaction for a purpose which can be attributed mainly neither commercial nor its independent professional activity (§ 13 BGB).
1.4. Differing Terms and Conditions of the customer’s shall not be recognised unless the Vendor expressly agrees to their being valid.
2. Offers and descriptions of service
2.1. The presentation of products in the online shop does not represent any legally binding offer but an invitation to place an order. Specifications of services in catalogues or on the Vendor’s website do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last” if products are not marked with anything contradictory. Errors and omissions are excepted.
3. Order process and conclusion of contract
3.1. The Customer can select products from the Vendor’s range without commitment and collect them in a shopping basket via the Add to Basket button. The Customer can then move to conclude the order process within the shopping basket via the Proceed To Checkout button.
3.2. The Customer can send a binding offer to buy the goods in the shopping basket by means of the Buy button. The Customer can change and view the data at any time before sending off the order. Information which is definitely required is marked with an asterisk (*). 3.3. The Vendor then sends the Customer automatic confirmation of receipt via email in which the Customer’s order is listed again and which the Customer can print out by means of the Print function (order confirmation). The automatic confirmation of receipt merely documents the fact that the Customer’s order has been received by the Vender and does not represent acceptance of the order. The sale contract first comes into effect when the Vendor has despatched or handed over the product ordered to the customer or confirmed despatch to the customer within two days with a second email, express confirmation of order or despatch of the invoice.
3.4. Should the Vendor offer the option of advance payment, the contract comes into effect with provision of the bank data and demand for payment. If payment has not been received by the Vendor within seven days following despatch of the order confirmation despite being due and following a renewed reminder, the Vendor shall withdraw from the contract with the result that the order is invalid and the Vendor is not obliged to deliver. The order is then settled for the Purchaser and the Vendor without further consequences. In case of advance payments, articles can therefore only be reserved for a maximum of 7 calendar days.
4. Prices and shipping costs
4.1. The prices stated on the Vendor’s home page do include VAT at the current valid rate.
4.2. In addition to the prices stated, the Vendor invoices shipping costs for delivery. The Purchaser shall be clearly informed of shipping costs on a separate information page and as part of the order process.
5. Delivery and goods availability
5.1. Insofar as advance payment has been agreed, delivery takes place after receipt of the invoice amount due.
5.2. Should not all products ordered be available the Vendor is entitled to make partial deliveries at their expense as long as this is not unreasonable for the Customer.
5.3. Should delivery of goods fail due to the Purchaser’s fault despite three attempts to deliver, the Vendor may withdraw from the contract. Any payments already made shall be refunded to the customer immediately.
5.4. If the product ordered is not available because the Vendor has not been supplied with this product by his supplier through no fault of his own, the Vendor can withdraw from the contract. In this case the Vendor shall inform the Customer without delay and suggest delivery of a comparable product if necessary. If no comparable product is available or the Customer does not want a comparable product to be supplied, the Vendor shall immediately refund any service already provided in return to the customer without delay.
5.5. Customers shall be informed of delivery times and delivery limitations (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
6. Method of payment
6.1. The Customer can choose from the available methods of payment as part of and before completion of the order process. Customers are informed of the available methods of payment on a separate information page.
6.2. If payment is possible via invoice, payment must be made within 7 days following receipt of the goods and the invoice, if it is wasn’t agreed on different terms beforehand. For all other payment types, payment must be made strictly net in advance.
6.3. If third party providers are commissioned with payment settlement, e.g. Paypal, their General Terms and Conditions of Business apply.
6.4. If the payment due date is determined by means of the calendar, the Customer is already in arrears if he misses the deadline. In this case, the Customer must pay statutory default interest.
6.5. The Customer’s obligation to pay default interest does not exclude the assertion of further default losses by the Vendor.
6.6. The Customer is only entitled to offset if his counter-claims are found to be legally effective or are acknowledged by the Vendor. The Customer can only exercise a right to retention if the claims result from the same contractual relationship.
7. Retention of title
7.1 The goods supplied remain the property of the Vendor until payment is complete.
8. Warranty and guarantee 8.1. The warranty is determined by statutory provisions.
8.2. A guarantee on the goods supplied by the Vendor only exists if this has been expressly granted. Customers shall be informed about the guarantee conditions before the order process is initiated.
9. Warranty – and RMA-Handling
All our products have a 12 month manufacturer warranty from the day of purchase. All problems or defects are subject to manufacturer warranty 14 days after the purchase as a natural person but not as a company. The customer is responsible for paying the shipping costs to the Voleatech GmbH and the Voleatech GmbH is responsible for the shipping costs back to the customer for the RMA-Handling. The RMA-Handling can take between 10 and 30 days. Voleatech is not obligated to provide a backup/replacement unit during that time. You can ship the defect unit to us for repair via mail after processing an RMA number. The following steps have to be followed for that:
Please inform us via email or mail about the problem with the unit. Provide us with the serial and billing number of your product.
- Describe the product and error/problem in detail and precise
- Afterwards you will receive a RMA-number from Voleatech. You can send the defect product to Voleatech GmbH with the RMA-number via mail. Mail without a RMA-number are not accepted for warranty/RMA-handling and will be returned upon arrival on customers costs.
- Please package the product with the original wrapping and use enough protection material to ensure safe shipping. If possible use shipping insurance. Please keep the shipping number (tracking number) at a safe place in case it is needed.
- Voleatech will forward your product to the manufacturer and keep you up to date on the repair status. The repair can take between 10 and 30 days.
- Voleatech will return the repaired product to you via mail with cash on delivery for shipping.
10.1. The following exclusions and limitations apply to any liability of the Vendor for compensation notwithstanding the usual statutory qualifying conditions.
10.2. The Vendor is fully liable insofar as the loss is caused by premeditation or gross negligence.
10.3. Furthermore, the Vendor is liable for slightly negligent infringements of cardinal obligations which, if not fulfilled, endanger the achievement of the purpose of the contract or the infringement of obligations, the fulfilment of which make the proper performance of the contract at all possible, and which the customer continuously trusts are complied with. In this case the Vendor is, however, only liable for foreseeable losses which are typical for contracts of this kind. The Vendor is not liable for the slightly negligent infringement of obligations other than those specified in the above clauses.
10.4. These limitations of liability do not apply in case of injury to life, body or health, for a defect after assumption of a warranty for the nature and quality of the product and in case of fraudulently concealed defects. Liability in accordance with the Product Liability Act remains unaffected.
10.5. Insofar as the Vendor’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and assistants.
10.6 Upon purchase, all obligations of disposal in accordance with § 10 ElektroG are transferred to the buyer. Voleatech GmbH does not take over disposal of old devices, which were brought into circulation as new device after the 13.08.2005. The person responsible for the disposal, here the purchaser, must reuse the old equipment or its components or treat it in accordance with § 11 ElektroG and dispose of it in accordance with § 12 ElektroG and bear the costs of disposal.
10.7 Restrictions and obligations under directives or laws such as ElektroG, WEEE, RoHS regulations etc. are generally known and are to be observed by the contractual partner independently. Submission of an offer or the request or submission of goods by Voleatech GmbH for non-compliant goods shall be made on the condition that the contracting party was aware of these legal obligations in advance or if Voleatech GmbH independently lends the legal form, unless it is exempted, legally binding.
11. Cancellation policy for companies
11.1. Our cancellation service does not apply for companies. No cancellation policy for B2B orders.
12. Storage of the wording of the contract
12.1. The Customer can print out the wording of the contract before placing an order with the Vendor by using the Print function in their Internet browser in the last step of the order process.
12.2. The Vendor shall also send the Customer a confirmation of order with all order data to the email address specified by the Customer. With the order confirmation the Customer also receives a copy of the Terms and Conditions of Business together with the Cancellation Terms and Conditions and information on carriage costs as well as delivery and payment terms. Insofar as you have registered in our shop you can view the orders you have placed in your profile area. In addition, we store the wording of the contract but do not make it available online.
13. Data protection
13.1. The Vendor processes the Customer’s personal data for specific purposes and in accordance with the statutory regulations.
13.2. The personal data specified for the purpose of ordering goods (such as name, email address, address and payment data) are used by the Vendor for the purpose of fulfilling and processing the contract. This data is treated confidentially and not passed on to third parties who are not involved in the order, delivery or payment processes.
13.3. The Customer is entitled to be informed free of charge on request as to what personal data pertaining to them the Vendor has stored. They are also entitled to have incorrect data corrected and to have personal data blocked or deleted insofar as this does not conflict with statutory obligation to preserve records.
13.4. Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the Vendor can be found in the data protection statement.
14. Place of jurisdiction, applicable law and contract language
12.1. The place of jurisdiction and of fulfilment is the location of the Vendor’s head office if the Customer is a merchant, a legal entity under public law or a public corporation.
14.2. The contract language is German.
15. Information to the included Voleatech-Support
15.1. The included Voleatech-Support, offered with some products, is valid for each order. Multiple products including Voleatech-Support get the included Voleatech-Support once and not the sum of the products including the Voleatech-Support.
15.2. After completion of your order, Voleatech will check your order and add the included Support.
15.3 The included Support is valid for up to 3 month after you received your order. Afterwards you are not entitled to the included support anymore.
16. European Commission Online Dispute Resolution (OS) platform for consumers: https://ec.europa.eu/consumers/odr/. We are not willing and obliged to participate in a dispute settlement procedure before a consumer arbitration board.