General Terms and Conditions

of the company

ASP Eberle e.K.
Dieselstrasse 4
71696 Moeglingen
Deutschland
Tel. 0049 (0)7141 - 491210
Fax: 0049 (0)7141 - 4912155
E-Mail: info@asp-eberle.com

for the online shop under the domain asp-eberle.com.

1. Scope

The following General Terms and Conditions of Business shall apply exclusively to the business relationship between the supplier (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Buyer") in the version valid at the time of the order. Deviating terms and conditions of the Buyer shall not be recognised unless the Seller expressly agrees to their validity in writing.

2. Conclusion of contract

2.1 The presentation of the products in the online shop does not constitute a legally binding offer. Rather, it is an invitation to the Buyer to submit a binding offer by placing an order.

2.2 The Buyer shall not be entitled to make a binding offer. The Buyer can select products from the online shop's range and collect them in a virtual shopping cart by clicking a button labelled "Add to shopping cart". The customer can view the contents of the shopping basket at any time and change them using the functions provided for removing, adding or adjusting items. The customer then has the option of entering or selecting his billing address, a delivery address, the payment method and the delivery method. This data can be viewed on an overview page and adjusted using the "Edit" function. By clicking the "Buy" button, the Buyer makes a binding offer to purchase the goods in the shopping basket. The Seller will confirm receipt of the offer to the Buyer by means of an automatic confirmation of receipt by e-mail, in which the Buyer's order is listed again and which the Buyer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Buyer's order has been received by the Seller and does not constitute acceptance of the offer.

2.3 The Seller is entitled to accept the Buyer's offer to enter into a contract within two working days of receipt of the order. The purchase contract shall be concluded upon acceptance of the order by the Seller.

2.3.1 If the customer chooses the payment method prepayment, invoice, credit card, direct debit, payment on collection, cash on delivery, the seller expressly declares acceptance. In the event of acceptance of the order, the customer will receive an order confirmation by e-mail.

2.3.2 If the customer chooses the payment method Paypal, the seller declares the acceptance impliedly by requesting the buyer to pay after submitting his order. The Buyer will receive the order confirmation by e-mail after his payment.

2.4 The contract language is German or English.

2.5 The text of the contract shall be stored by the Seller. The order data together with the contractual provisions including these GTC shall be sent to the Buyer separately in text form. The GTC can also be called up and printed out via the website in the online shop.

3. Prices and costs

3.1 All prices stated on the Seller's website are total prices including the applicable statutory value-added tax.

3.2 Any additional delivery and shipping costs shall be stated separately in the respective product description and in the order form and shall be borne by the Buyer, unless the Buyer, as a consumer, makes use of his right of withdrawal.

3.3 If the Seller delivers to countries outside the European Union, further costs may be incurred in individual cases, which shall be borne by the Customer. These include, for example, costs of monetary transactions (e.g. transfer fees, costs for foreign currency) or import duties or taxes (e.g. customs duties and import turnover tax).

3.4 The Seller offers various methods of payment.

3.4.1 If payment in advance, invoice, credit card, direct debit or Paypal is agreed, payment shall be due immediately after conclusion of the contract.

3.4.2 If the payment method cash on delivery or cash on collection is agreed, payment shall be due upon delivery of the goods.

4. Delivery, availability

4.1 The goods shall be dispatched by post or parcel post.

4.2 The supplier bears the shipping risk if the buyer is a consumer. This does not apply if the Buyer is an entrepreneur.

4.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier. In the event of non-availability or only partial availability of the goods, the Buyer shall be informed thereof without delay and any consideration already paid shall be refunded without delay.

5. Retention of title

5.1 If the Buyer is a consumer, the Seller shall retain title to the goods delivered until the purchase price owed has been paid in full.

5.2 If the Buyer is an entrepreneur, the Seller shall retain title to the delivered goods until all claims arising from a current business relationship have been settled in full.

6. Warranty, guarantees

6.1 The Seller shall be liable for material defects in accordance with the statutory provisions applicable here, in particular §§ 434 ff. BGB.

6.2 Deviating from this, entrepreneurs have a 12-month warranty on items delivered by the seller. This does not affect claims for damages and reimbursement of expenses and the right of recourse in accordance with Section 478 of the German Civil Code (BGB) as well as claims due to intentional action and fraudulent concealment of a defect.

6.3 An additional guarantee shall only exist for the goods delivered by the Seller if this was expressly stated in the order confirmation for the respective item.

7. Liability

7.1 The Buyer's claims for damages are excluded. Excluded from this are claims for damages by the Buyer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

7.2 In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the damage claims of the Buyer arise from injury to life, limb or health.

7.3 The limitations of paras. 1 and 2 shall also apply in favour of the Seller's legal representatives and vicarious agents if claims are asserted directly against them.

7.4 Zwingende gesetzliche Vorschriften wie die des Produkthaftungsgesetzes bleiben unberührt.

8. Final provisions

8.1 Contracts between the Seller and the Buyer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

8.2 If the Buyer is a merchant, a legal entity under public law or a special trust under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Buyer and the Seller shall be the Seller's place of business.