ECE – Ing. Ehlers & Co.
Am Bierbaum 7
- Legal representative: Axel Böttcher -
The following General Terms of Sale & Delivery have been worded in English language. Customers may download them into their working memory. You, as our customer, may also request the same in digital or written form from the above postal address or the following e-mail address: ece.ehlers(at)t-online.de We provide a copy for our customers with each delivery of our products.
The ECE - Ing. Ehlers & Co. Elektrogeräte GmbH address as well as the name of the ECE - Ing. Ehlers & Co. Elektrogeräte GmbH’s legal representative can be downloaded or taken from the invoice.
ECE - Ing. Ehlers & Co. Elektrogeräte GmbH operates the http://www.ece-ehlers.de domain for commercial purposes. ECE - Ing. Ehlers & Co. Elektrogeräte GmbH offer their products, mainly mobile immersion heaters, for sale via the Internet under this website.
§ 1 Product selection
You, as our customer, have the option of selecting and ordering products from the above website.
We present a specific product description of each product for our customers under the respective website. We enclose an additional printed version of the product description for the customer when delivering the goods, as ordered.
You, as our customer, may click on the products selected on the website. The same will be collected in a virtual basket. At the end of your shopping tour we provide you with a compilation of the products showing the total price including value added tax.
Prior to sending the order ECE – Ing. Ehlers & Co. Elektrogeräte GmbH offers you, as our customer, the option of reviewing the same for correct content, in particular with respect to price and quantity allowing you to correct the same, if needed.
§ 2 Right to revocation
(1) Right to revocation
Should you be a customer who must be considered as a consumer then you may revoke your contractual commitment in writing within a period of two weeks stating no reason (e.g. by e-mail, letter or fax) or by returning the goods. To stay within the allowed period it will be sufficient to send off in good time either the goods or the request of revocation.
Consumer has been defined as any natural person who concludes a legal transaction for a purpose, which can neither be attributed to such person’s commercial activity or to such person’s self-employed activity (§ 13 of the CIVIL CODE). The period commences no sooner than with receipt of the goods, these instructions, and in due compliance with the duties of notification in accordance with § 312 c section 2 of the CIVIL CODE.
The return shipment or the request for revocation shall be addressed to:
ECE – Ing. Ehlers & Co.
Am Bierbaum 7
D - 58515 Lüdenscheid-Bierbaum
Fax: ++49 - (0) 23 51 - 45 99 15
(2) Consequences of the revocation
Any return shipment shall be effected at our cost and risk.We will send you a Freeway package stamp.
Whenever the total price of the goods to be returned fails to exceed an amount of 40,00 € the customer assumes the cost for a regular return shipment, unless the product delivered does not correspond to the one originally ordered.
In the case of an effective revocation the mutually received services shall be returned and, should this be the case, benefits from any use (e.g. advantages from use) must be given up. In case of a deterioration in quality we will be entitled to request compensation for lost value of the goods. The same will not apply in a case where the deterioration in quality of the goods can be traced back to their inspection only – in a way, as perhaps you would have been able to do in shop.
Other than that you will be able to avoid the obligation to compensate for lost value by refraining from using the goods, as an owner would do avoiding everything, which might deteriorate their value.
(3) Exclusion of the right to revocation
The right to revocation has been excluded in cases of remote location sales:
in the case of delivering goods, which have been manufactured to customer’s specifications or definitely tailored to personal requirements or are unfit for a return shipment on the base of their condition;
in the case of delivering audio recordings or video recordings or software, inasmuch as the consumer has taken the seal off the data carriers delivered;
in the case of remote location sales contracts, which are concluded by way of an auction.
(4) Financed contracts
Any customer, who has financed this contract with a loan in the first place then making use of his/her right to return the goods, shall no longer be bound by the loan contract, provided however, that both contracts form an economic unit. This must be assumed in particular, when ECE – Ing. Ehlers & Co. Elektrogeräte GmbH has also assumed the function of the lender for the customer or when customer’s lender has involved ECE – Ing. Ehlers & Co. Elektrogeräte GmbH in the financing. In a case where the loan has already gone to ECE – Ing. Ehlers & Co. Elektrogeräte GmbH at the time of the revocation taking effect or, when the return of goods has already been effected, the customer may address himself/herself for the refund to either ECE – Ing. Ehlers & Co. Elektrogeräte GmbH or the respective lender.
(5) The right to return goods has been excluded for contracts
covering a supply of goods, which have been fabricated to customer specification or definitely made to comply with customer’s personal needs or on the base of their nature are unfit for a return shipment or may perish quickly or where the expiration date has been exceeded;
covering a delivery of audio recordings or video recordings or software, inasmuch as the consumer has taken the seal off the supplied data carrier;
covering a delivery of newspapers, journals or magazines or
covering a delivery of bet services or lottery services.
§ 3 Prices
The list prices advertised on our website at the time of ordering shall be the ones valid.
Such prices are stated ex works ECE – Ing. Ehlers & Co. Elektrogeräte GmbH including value added tax and excluding the cost of packaging and shipping.
§ 4 Conclusion of contract
All presentations on the ECE – Ing. Ehlers & Co. Elektrogeräte GmbH website are subject to change without notice. This prevents ECE – Ing. Ehlers & Co. Elektrogeräte GmbH from being obliged to perform under the contract in the case the goods should not be available. A conclusion of contract, and hence a contractual relation covering the delivery of products and/or the individual performance of services has been established whenever ECE – Ing. Ehlers & Co. Elektrogeräte GmbH has confirmed the customer’s order in writing.
ECE – Ing. Ehlers & Co. Elektrogeräte GmbH is entitled to ship goods of similar quality and price, when the ordered goods fail to be available and under the condition that the customer has consented to this procedure on the order form.
§ 5 Performance of the contract
ECE – Ing. Ehlers & Co. Elektrogeräte GmbH will process orders within a period of 48 hours notifying the customer, whether or not the requested products are available.
Inasmuch as the products ordered will be available ECE – Ing. Ehlers & Co. Elektrogeräte GmbH will ship these within 10 workdays after receipt of the order.
The national shipping cost for website-articles is 7,95 € for a contract value of up to 75.00 € per order and 8.95 € for a contract value above 75.00 € and up to 300.00 €. Any order exceeding a contract value of 300.00 € will be shipped free of charge to national customers. For international shipments we will invoice the actual shipping cost.
Change, amendment, limitation of order
With respect to changes, amendments and/or limitations of the product scope ECE – Ing. Ehlers & Co. Elektrogeräte GmbH will respond quickly to customer enquiries in the context of orders, which have already been placed. Inasmuch as the customer wishes to change, amend and/or limit a product up to 5 work days before the planned shipment ECE – Ing. Ehlers & Co. Elektrogeräte GmbH will make consideration for this, as far as possible.
§ 6 Terms of payment
ECE – Ing. Ehlers & Co. Elektrogeräte GmbH issues an invoice to the customer for the goods ordered. The same will be handed over to him/her with the supply of the goods. ECE – Ing. Ehlers & Co. Elektrogeräte GmbH ships after receipt of a payment in advance, COD or against invoice. Consideration will be taken into account for payments in advance or orders debited to a credit card. For any shipment against invoice payments of the total amount invoiced are due no later than 15 days after receipt of the invoice.
The prices stated on the invoice are always prices for final customers including value added tax.
For any failure to pay on due date the customer who is also the consumer of the goods shipped, shall be liable to pay interest to ECE – Ing. Ehlers & Co. Elektrogeräte GmbH on overdue accounts in the amount of 5 % above the base rate, unless ECE – Ing. Ehlers & Co. Elektrogeräte GmbH should provide evidence for a higher interest rate, which may be applicable. For commercial customers sentence 1 shall apply subject to the proviso that the interest on overdue accounts shall be 8 % above the base rate.
§ 7 Warranty and liability
The Customer shall notify ECE – Ing. Ehlers & Co. Elektrogeräte GmbH about any defect found with respect to the product returning such defective product at the cost of ECE – Ing. Ehlers & Co. Elektrogeräte GmbH. Seller’s warranty is subject to §§ 433 ff. of the CIVIL CODE. In the context of commercial business relations the warranty is limited to one year. ECE – Ing. Ehlers & Co. Elektrogeräte GmbH is entitled to either repair the product or replace it free of charge, at their discretion.
ECE – Ing. Ehlers & Co. Elektrogeräte GmbH will assume liability
in the full amount of the damage for any case of gross negligence of their agents and managers,
principally for any culpable violation of the essentials of the contract,
apart from such obligations, principally as well for gross negligence of any person employed by ECE – Ing. Ehlers & Co. Elektrogeräte GmbH in the performance of their obligations, unless we can exclude our liability according to trade practise,
and for the last two groups of events in an amount to compensate the typical and predictable damage.
Contributory negligence on part of the customer shall be made allowance for.
Any liability on grounds of intent, warranty, malice or personal injury plus in compliance with the Product Liability Act remains unaffected by the above.
§ 8 Force majeure
For the case where ECE – Ing. Ehlers & Co. Elektrogeräte GmbH should be unable to fulfil the obligation owed due to force majeure (in particular war, natural disaster), they shall be released from such obligation for the duration of the hindrance.
Should it be impossible for ECE – Ing. Ehlers & Co. Elektrogeräte GmbH to execute the order respectively ship the goods for a duration of more than one month due to force majeure then the customer will be entitled to rescind from the contract.
§ 9 Technical data
We prepare technical data to our best knowledge and belief. However, we assume no responsibility for data received from our suppliers, which may contain errors.
§ 10 Data protection
Customer data are stored and used for the processing of the order only. Basis for this are the pertinent regulations for data protection as provided by the Federal Data Protection Act and the Telephone Service Data Protection Act. For registered customers (customer account): the user undertakes to keep his/her user identification and password at a safe place, protect it against loss where it is inaccessible to any third party. In the case of a loss of the password the user undertakes to inform ECE without undue delay enabling them to block the access thereto. The termination of the stoppage requires the user to submit a request in writing first. Has any third party acquired knowledge of the user identification and/or password due to negligence on part of the user, then the user shall be liable for the orders placed under this log-in in the full amount and before a notification about such loss has been received.
§ 11 Final clauses
Contracts are worded in German language.
Should any provision of this agreement be ineffective in total or parts or should it lose its legal effect at a later time, this shall have no effect on the validity of the remaining provisions.
The legal provisions shall supersede any such ineffective provision.
§ 12 Place of performance and place of jurisdiction
German Law governs all contracts concluded with and by ECE – Ing. Ehlers & Co. Elektrogeräte GmbH.
Place of performance for any delivery, service and payment is Lüdenscheid. For any possible litigation the Lüdenscheid Municipal Court will the competent one of first instance.
Is the customer a merchant who has been entered in the commercial register, a legal person under public law, or a separate fund then Lüdenscheid shall be considered as mentionally agreed place of jurisdiction.
Version 9d of the GTOSD: status: Feb. 9, 2012