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Terms and Conditions

1. Scope

These Standard Terms and Conditions apply to all declarations of intent, contracts and contractual acts or acts similar to contracts of TECHNIKdirekt with its customers (hereinafter referred to as "customer"). Counter-confirmations from the customer as merchant (cf. no. 2.2) with reference to his own standard terms and conditions and/or purchase terms are expressly objected to; these shall not constitute a part of agreements, unless the terms and conditions are expressly confirmed by TECHNIKdirekt.

2. Definitions

2.1. "Consumer" within the meaning of these terms and conditions is every natural person who concludes the contract for purposes that may be attributed neither to their commercial nor to their independent vocational activity.

2.2. Within the meaning of these Standard Terms and Conditions, a merchant is any customer acting in exercise of his commercial or self-employed professional activities on conclusion of the contract.

3. Conclusion of contract

3.1 The range of products in the catalogues and on the website of TECHNIKdirekt is without obligation. With their order, customers submit a binding offer for the conclusion of a purchase contract. The confirmation of receipt and possible status reports subsequently sent by TECHNIKdirekt do not yet represent any acceptance of the offer. TECHNIKdirekt can accept the Customer's order within five days following receipt of the order by means of an express declaration. The agreement is entered into upon receipt of the declaration of acceptance (order confirmation). The dispatch of the ordered goods and the confirmation of dispatch to the customer shall be deemed to be the equivalent of an express declaration of acceptance by TECHNIKdirekt; this does not apply if the Customer has selected the payment method "prepayment". If the customer has selected the payment method "prepayment", TECHNIKdirekt shall declare acceptance of the order by sending an order confirmation and a payment request to the customer via e-mail. In all other cases in which the customer makes a payment to TECHNIKdirekt during the ordering process, TECHNIKdirekt shall declare a binding acceptance for the conclusion of a purchase contract by approving a payment transaction or by accepting the money paid by the customer.

3.2 For the conclusion of the agreement, the following language options are available: German and English. The customer agrees that communication between TECHNIKdirekt and the customer regarding contracts and invoices is carried out in electronic form.

4. Delivery

4.1. The countries supplied by TECHNIKdirekt can be seen after completing the order. Unless otherwise agreed, in case of orders from the EU TECHNIKdirekt shall send the ordered goods to the stated delivery address within the EU. Deliveries by freight forwarders (concerning goods which can not be send as a parcel) within the German Federal Republic can only be shipped on the mainland. Deliveries to islands appropriated to Germany are excluded from this shipping method.

4.2. If an order consists of more than one product, TECHNIKdirekt will always deliver all products with one single supply. In the event of partial delivery at the special request of the customer the shipping costs shown in no. 5 shall be charged additionally for each partial delivery.

4.3. Goods that cannot be shipped by parcel service (large appliances) shall be delivered by freight forwarders to the kerb..

4.4. In order to ensure the comprehensive recycling of the sales packaging, TECHNIKdirekt is participating in a disposal system as defined by § 6 sect. 3 of the Packaging Regulations. The customer can hence return the sales packaging to any designated collection point that is part of the disposal system.

4.5. Customers that state a German billing address can select the option „Pick-up" in the order process. If this option is selected, the goods are not delivered to the customer in the sense of sect. 4.1 to 4.3. The customer receives a pick-up ticket via email, which states a date from which on the goods are available for pick-up. As of the date, the customer has ten workdays to pick up the goods at:

TECHNIKdirekt
Logistic centre
Mainfrankenpark 1-5
D 97337 Dettelbach

He must present the documents stated in the pick-up ticket. The risk of accidental loss, loss, or accidental deterioration is transferred to the customer as of the time the goods are handed over to the customer.

4.6. If the goods are not picked up within the 10-day period according to sect. 4.5., the customer shall reimburse TECHNIKdirekt for the additional expenses accruing due to the delayed delivery, especially the storage and maintenance costs of the goods. This does not apply if the customer is in no way at fault for the delay. Beyond that the legal conditions of the creditor delay are applicable according to §§ 300 ff. BGB. TECHNIKdirekt has a right to retention of the goods due to possible replacement claims due to delayed pick-up of the goods.

5. Prices, shipping costs, payment

5.1. The prices at the time of order are valid. All prices are inclusive of the German VAT at the current rate and are exclusive of packaging and shipping costs, which are stated separately in the order. If the delivery is performed cash on delivery due to an express individual agreement between the customer and TECHNIKdirekt, the customer shall pay the fees for cash on delivery and money transfer for every delivery performed as cash on delivery, which are also stated separately in the order. Upon order of a forwarding service with the transport of the ordered goods to countries outside of the EU, additional fees and customs may accrue, which shall also be paid by the customer.

5.2. The customer can choose between various modes of payment which are offered depending on the order amount, the type of delivery, the destination and the settings in the customer's account. The various modes of payment are available for the customer in the "shopping basket" and also described in the "service area" of the TECHNIKdirekt website. If payment is made by credit card, TECHNIKdirekt shall only trigger payment when the goods are dispatched. To the extent that nothing else is expressly agreed, payment of the purchase price is due two weeks after receipt of the invoice by the customer.

6. Instalments

Instalment payments without a down payment may be agreed for orders with a value of €100.00 upwards. This is financed through the Consors Finanz.

7. Delivery time limits

7.1. The delivery times depend on the respective product. The availability of each product is shown on the website of TECHNIKdirekt by means of symbols and corresponding explanations. Depending on the chosen type of shipment delivery is then made within the usual shipment time from Germany. The customer will automatically be informed by email in case of a change to the expected shipment date after he has placed the order. Insofar as the customer is a consumer he shall then be entitled to cancel the order or make changes free of charge at all times before delivery, unless otherwise expressly agreed between TECHNIKdirekt and the customer (sect. 4.5.).

7.2. If the probable provision resp. shipping date changes after the order by the customer, the customer is automatically informed of this via email. The customer then has the right to resign from the order or conduct changes free of charge anytime prior to the provision of the goods, reps. their delivery, insofar no deviating express agreements exist between TECHNIKdirekt and the customer.

7.3. If the customer is a merchant, he shall set TECHNIKdirekt a reasonable final time limit, if the delivery period is exceeded.

8. Non-delivery by pre-suppliers

8.1. TECHNIKdirekt does not assume any supply risk. If the object cannot be delivered or is temporarily not available despite the prior conclusion of a corresponding purchase contract, TECHNIKdirekt shall immediately inform the customer thereof after the order has been placed as well as subsequently at regular intervals. Until delivery by the pre-supplier, TECHNIKdirekt is released from the obligation to perform and may cancel the contract in case on non-availability. This shall not apply, if TECHNIKdirekt is responsible for non-delivery by the pre-supplier. If TECHNIKdirekt intends to cancel the contract, it shall immediately exercise the right of cancellation.

8.2. In the event of cancellation, amounts already paid against the purchase price shall be immediately reimbursed by TECHNIKdirekt. Claims for damages by the customer are excluded. This shall not apply, if TECHNIKdirekt is responsible for the non-delivery by the pre-supplier.

9. Instructions for returning products

9.1 Please use a safe – if possible the original transport packaging for the return shipment.

9.2. Before returning a product that has a combustion engine as a component part (e.g. petrol-powered lawn mowers), any fuel in the fuel tank and any oil in the oil tank must be removed, unless the customer can guarantee the safe and permissible return of the product as hazardous goods.

10. Special provisions for traders

The following additional provisions apply for customers who are traders (see section 2.2.):

10.1. Export provisions, export approval when reselling goods

10.1.1. The client who is merchant (2.2.) guarantees and ensures that it is in compliance with all applicable laws, provisions and regulations regarding export controls, including and with particular reference to the USA's 'Export Administration Act 1979', as well as any applicable national laws and provisions or laws and provisions applicable across the EU in their current version, and implementation regulations, if this relates to the contractual activities.

10.1.2. The client who is merchant (2.2.) is obligated to export goods purchased by TECHNIKdirekt to countries listed as a prohibited destination in the laws or provisions outlined in Point 10.1 only if the relevant official approval has been obtained. At the request of TECHNIKdirekt, the client will provide evidence of a relevant approval. The client may not resell the goods to buyers if the client knows (or has sufficient grounds to assume) that the buyer intends to export the goods without having previously obtained the required export approval.

10.1.3. If the client sells to resellers, it must impose obligations on such resellers that correspond with the obligations under Points 10.1.1. and 10.1.2.

11. Warranty

11.1. Statutory warranty rights are in force. The warranty depends on the statutory provisions, as well as the following regulations.

11.2. In the event of a defect to the object the customer shall request subsequent performance from TECH NIKdirekt. If the customer sets a time limit for this, it must be reasonable.

11.3. If the customer is a merchant and if the order is part of the operation of his commercial enterprise, the statutory provisions shall apply to complaints of de fects. Defects must be reported in writing.

11.4. Claims based on defects of quality shall expire at the end of a period of two years from delivery of the object.

If the customer is a merchant (cf. no. 2.2), claims based on defects of quality shall expire at the end of a period of one year from delivery of the object. The statutory limitation periods for recourse claims (Section 445b of the German Civil Code) shall remain unaffected by this.

11.5. The limitation periods stated in paragraph 11.4. do not apply in the case of wilful misconduct or fraudulent concealment of a defect or if TECHNIKdirekt has assumed a guarantee for the quality of the delivery item.

In addition, they do not apply to claims based on defects of quality in the cases of injury to health and safety, to claims under the Product Liability Act, in case of a grossly negligent breach of duty or culpable breach of essential contractual obligations (see section 13.2.).

12. Retention of title

12.1. Delivered goods shall remain the property of TECHNIKdirekt until full payment of the purchase price and settlement of all claims under the supply contract.

12.2. If the customer is a merchant (no. 2.2.), he hereby assigns all claims that he acquires against his buyer from a resale of the goods in full to TECHNIKdirekt as security. The customer is revocably authorised to collect these claims. TECHNIKdirekt shall only revoke the collection authority and personally collect the claims, if the customer does not duly comply with his payment obligations.

12.3. If the customer is a merchant (no. 2.2.), he shall immediately notify access of third parties to goods that are owned or co-owned by TECHNIKdirekt. Any costs for an out-of-court release incurred through such intervention shall be borne by the customer.

13. Liability

13.1. Claims for damages for a breach of duty and in tort, and claims for reimbursement of futile expenses, are excluded with regard to both TECHNIKdirekt and its employees and vicarious agents.

13.2. This limitation of liability shall not apply, if the damage was wilfully caused or by gross negligence, or on a breach of material contractual obligations, meaning contractual obligations that enable proper enforcement of the contract in the first place and which the contractual partner can rely on to be fulfilled on a regular basis, and which endanger reaching the purpose of the contract, if they are violated. It shall not apply to damage caused by injuries to health and safety, either, if TECHNIKdirekt is responsible for the breach of duty. The limitation shall not further apply to damage that is caused by the absence of a warranted quality or for which liability is stipulated under the Product Liability Act.

13.3. Deliveries are automatically covered by transport insurance in order to cover the transport risk. Amounts paid by the insurance company shall be immediately forwarded to the customer by TECHNIKdirekt. This shall also apply, if the liability of TECHNIKdirekt is excluded under the above provisions but typically incurring and foreseeable damages are nevertheless covered by the insurance. Further claims of the customer against TECHNIKdirekt are excluded in this case.

14. Exclusion of set-off

If the customer acts as a merchant (no 2.2), he/she is not entitled to offset claims that are outside the synallagmatic contract, i.e. outside the reciprocity of services and consideration. The exclusion of set-off shall not apply, if the counter-claims are not disputed by TECHNIKdirekt, if they are declared final and absolute or are ready for a decision.

15. Online registration, access data

15.1. Principally, it is not necessary to register for ordering from TECHNIKdirekt. A user account will be set up for the customer after registration. The customer shall be informed of the necessary access and use data (referred to below as "access data" including the password). TECHNIKdirekt is entitled to change the customer's access data at a later date. In this case the customer shall be immediately informed of the new access data.

15.2. The customer shall be responsible for protecting the access data. The access data shall be kept secret and may not be made accessible to third parties without the prior written consent of TECHNIKdirekt. The customer is aware that third parties with knowledge of the access data have the possibility to place orders with TECHNIKdirekt in the customer's name. If the customer discovers or suspects that its access data are being used by third parties, he shall be immediately obliged to change his access data or, if this is not possible, to immediately inform TECHNIKdirekt.

15.3. If there is reasonable suspicion of abuse of the customer's access data, in particular if such abuse was reported by the customer, TECHNIKdirekt shall have the right to immediately block access. TECHNIKdirekt shall inform the customer of the blocking.

15.4. TECHNIKdirekt shall not be liable for damage or loss suffered by the customer through the improper use or loss of the access data. This shall not apply, if the damage was wilfully caused or through gross negligence. The exclusion of liability shall not apply either to injuries to health and safety, if TECHNIKdirekt is responsible for the breach of duty.

16. Data protection

The data protection practice of TECHNIKdirekt is in accordance with the current applicable data protection regulations, such as the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). All information on the collection, processing and use of users' personal data can be found in the privacy policy.

17. Legal information concerning the contents of the websites

The content of the websites of TECHNIKdirekt is created and updated at considerable financial expense. The content of the websites of TECHNIKdirekt may only be used for providing information to the customer for own requirements. Any use of the contents in excess of this or a link with the contents for commercial purposes is not permitted. This applies irrespective of the legal capability of protection in particular for watermarks and other marks of TECHNIKdirekt, for images, product descriptions, product data and other product information. The customer acknowledges the above restrictions of use of the contents of the websites of TECHNIKdirekt.

18. Final provisions, dispute resolution procedure

18.1. The laws of the Federal Republic of Germany shall apply exclusively to the contract. The applicability of the UN Sales Convention is excluded. If the customer is a consumer, the mandatory consumer protection provisions which apply in the state in which the customer has his customary place of residence are also applicable, insofar as these offer further protection the customer.

18.2. If the customer is a merchant, a legal entity under public law or special fund under public law the exclusive judicial venue for all claims arising from the contractual relationship is Wuerzburg.

18.3. Link to the ODR platform according to Article 14 (1) of Regulation (EU) No 524/2013: http://ec.europa.eu/consumers/odr/

We are neither legally nor voluntarily obliged to participate in a dispute resolution procedure before a consumer conciliation body. In case of a conflict, Duttenhofer will attempt to find a solution that is acceptable for both parties. As dispute resolution bodies involve mandatory charges, we will not participate in a dispute resolution procedure before a consumer conciliation body with your financial interests in mind.

Version: 27 March 2020

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