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General Terms and Conditions

1. General, Customers, Language

  1. All offers, sales contracts, deliveries and services made on the basis of your orders through our online shop speidels-braumeister.de shall be governed by these general terms and conditions of sale of Speidel Tank- und Behälterbau GmbH, Krummenstraße 2, 72131 Ofterdingen, GERMANY, Stuttgart Local Court HRB 381092, VAT-ID No. DE811 241 003, represented by Georg Speidel, Stefan Speidel, Fabian Speidel (Imprint) in the version in effect at the time of the placement of the order by the customer. Differing conditions on part of the customer shall not apply unless we have explicitly agreed to their validity.
  2. Our sales staff are not authorized to conclude any oral agreements related to the contract with you as our customer which are not consistent with the order form or these general terms and conditions.
  3. The product offers in our online shop are addressed exclusively to you as consumer. For the purposes of these general terms and conditions, a consumer is any individual entering into the contract for a purpose not predominantly related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code - BGB).
  4. The contracts with you – our customer – shall be concluded exclusively in the German or English language, in each case depending on whether you make the relevant purchase through our English language website or through our German language website. Therefore, if your order is placed through our German website, the German version of these general terms and conditions shall apply exclusively. If the order is placed through our English language website, the English version of these general terms and conditions shall apply exclusively.

2. Conclusion of Contract

  1. Our offers in the onlineshop on the domain speidels-braumeister.de are non-binding.
  2. By placing an order through our online shop you make us a binding offer for the purchase of the relevant product.
  3. Exactly when a contract between you and us shall be concluded depends upon the method of payment chosen by you. Further information on this can be found on our Customer Information page.
  4. You as customer shall be entitled to revoke the offer and return the product subject to the specific Instruction on Customer’s Right of Withdrawal as made available to you during the ordering process (Customer Information).

3. Prices, Shipping Costs and Conditions of Payment

  1. Our prices include statutory VAT, but do not include shipping costs.
  2. Delivery shall only be made against payment by one of the methods offered by us.
  3. The purchasing price shall be due immediately upon ordering.
  4. You shall have no right of set-off or retention, except to the extent that the counter-claim has not been disputed by us or has been determined by a final and binding decision.

4. Retention of Title

We shall retain ownership of the goods until payment has been made in full. If you default on payment for longer than 10 days, we are entitled to withdraw from the contract.

5. Terms of Delivery

  1. Delivery of goods shall be subject to the agreements made with you. Accruing shipping costs are indicated or linked to in the relevant product description and are listed separately by us.
  2. Should delivery of the goods by us not be made or not be made according to contract, you must set us an additional time period for the performance of the service. Otherwise you are not entitled to withdraw from the contract.
  3. We are entitled to make partial deliveries of products encompassed by a single order and usable separately, in which case we bear additional shipping costs accruing from this.

6. Right of Withdrawal, Costs of Returning Goods

  1. You have a right of withdrawal. Regarding the requirements and legal consequences of the right of withdrawal, we refer you to our separately given Instruction on Customer’s Right of Withdrawal.
  2. In case of Withdrawal, the regular cost for returning goods shall be borne by you.

7. Warranty

  1. In the event of a defect of the delivered product, you shall be entitled, within the framework of legal provisions, to demand cure, to withdraw from the contract or to reduction of the price.
  2. For new products, the limitation period for warranty claims is two years starting with receipt of the product.

8. Limitation of Liability

  1. We shall not be liable (on whatever legal grounds) for any damage not to be expected from normal use of the product. The limitation of liability given above shall not apply in case of deliberate intention or gross negligence.
  2. Furthermore, we shall be liable for negligent breach of duties, the discharge of which is necessary for the proper fulfillment of the contract in the first place, the breach of which endangers the attainment of the purpose of the contract, and the observance of which you as customer can usually rely upon. In the latter case, however, we shall only be liable for foreseeable damage typical for the contract. We shall not be liable for negligent breach of duties other than those given in the preceding sentences.
  3. The limitations of paragraphs 1 and 2 shall also apply in favour of our legal representatives and agents in case of claims brought to bear directly against them.
  4. The limitations of this clause 8. do not apply to our liability for guaranteed characteristics pursuant to Sec. 444 German Civil Code, for personal injury, or pursuant to the German Product Liability Act.
  5. Data communication via internet cannot, at the current state of the art, be guaranteed to be free of error and/or available at all times. Insofar, we shall not accept liability for continuous and uninterrupted availability of our online trading system.

9. Data Protection

Regarding the conditions for the acquisition, processing and storage of your personal data we refer you to our separately given Privacy Terms.

10. Online Dispute Resolution Platform

  1. Consumers have the opportunity to resolve disputes arising from the contractual relationship with the trader out of court via the Online Dispute Resolution Platform of the EU Commission, which is available at http://ec.europa.eu/consumers/odr.
  2. The use of this Online Dispute Resolution Platform is not mandatory; it is merely a voluntary alternative to resolving disputes before a court.
  3. You are still at liberty to settle your legal claims through the courts without using the Online Dispute Resolution Platform of the EU Commission.

11. Dispute resolution proceedings before a consumer arbitration board

We expressly point out that we are neither willing nor committed to participate in dispute resolution proceedings before a consumer arbitration board.

12. Final Provisions

  1. The law of the Federal Republic of Germany shall apply to the exclusion of UN sale of goods law. Mandatory rules of the state in which you have your habitual abode remain unaffected.
  2. Insofar as your residence or habitual abode at the time of the conclusion of contract was in Germany and has either been changed at the time of the bringing of a suit or your abode is unknown at such time, jurisdiction for all disputes shall be the place of business of our company in 72131 Ofterdingen, GERMANY. If your residence or habitual abode is not in a member state of the European Union, then the courts at our place of business shall be the exclusive jurisdiction for all disputes.

May 2016

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