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General terms and conditions

 

These General terms and conditions solely apply for private persons; for businessmen and legal persons the corresponding legal regulations are applicable. Please find these regulations on our website ultron.de.

 

§ 1 Scope

All our deliveries and services are solely performed on the basis of these sales and delivery conditions.

 

§ 2 Conclusion of the contract

[1] The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to place an order. The order is a binding offer.

[2] We can accept this offer at our choice within two weeks by sending an order confirmation or by sending the ordered goods within this time period.

[3] If our order confirmation includes any writing or printing mistakes or if our price determination is based on technically conditioned transmission errors, we are allowed to appeal; the burden of proof is placed on us. Payments which were already made will be immediately reimbursed.

[4] The contract is solely concluded in German language.

 

§ 3 Right of withdrawal

[1] Consumers have a right of withdrawal of two weeks.

 

Instructions on the right of withdrawal

 

Right of withdrawal

You can withdraw your declaration of willingness to enter into a contract within two weeks without giving any reason in text form (e. g. by letter, fax, e-mail) or - if the case is conceded to you before the expiry of the time-limit - by returning the object. The term starts upon receipt of these instructions in text form, but not before receipt of the goods at the premises of the recipient (upon recurring delivery of similar goods, not before receipt of the first partial delivery), and also not before fulfilling our obligation of information according to § 312c para. 2 Civil code in relation with § 1 para. 1, 2 and 4 Civil code Information regulations as well as our obligations according to § 312e para. 1 phrase 1 Civil code in relation with § 3 Civil code Information regulations. In order to maintain the term of withdrawal it is sufficient to send the withdrawal or the object in time. Address the withdrawal to:

 

ultron AG

August-Schmidt-Straße 7

52477 Alsdorf

widerruf@ultron.de

 

Consequences of the withdrawal

In case of an effective withdrawal, the services received by both sides have to be returned, and if applicable, the derived profits (e.g. taxes) have to be returned. If you are unable to reimburse the received services in total or partially, or only in bad condition, you are required to offer a compensation of equal value, if applicable. This does not apply, if the deterioration of the merchandise may only be lead back to an examination – as if it would have been possible in a shop.

. Furthermore, you will be able to avoid your obligation to compensate for loss in value caused by the utilisation of the object by not using the object as your property and by refraining from anything which impairs their value.

Goods consignable by parcel shipment have to be returned at our risk. You have to bear the cost of the return, if the delivered goods comply with the ordered goods and if the price of the returned goods does not exceed an amount of 40 EUR or in case of a higher price you have not yet, at the time of the withdrawal, provided the compensation or have not paid a contractually conditioned partial payment. Otherwise the return shipment is free of charge for you. Goods which are not consignable by parcel shipment will be picked up at your premises. You have to satisfy obligations to reimburse payments within 30 days. This period shall commence for you upon sending your cancellation notice or of the goods, and for us upon receipt thereof.

 

Special notes

Your right of revocation concerning services lapses prematurely if your contractual partner has started to perform the services before the end of the term of notice or if you have arranged for the services to be commenced.

 

Financed transactions

If you financed this agreement with a loan and you cancel the agreement thus financed, you will no longer be bound under the loan agreement either if both agreements form an economic unit. This will be assumed to be the case, in particular, if we are also your lender or if your lender relies on our co-operation in respect of the financing. If the loan has already been received by us at the time of your cancellation or surrender, your lender shall succeed to our rights and obligations in relation to you under the financed agreement in respect of the legal consequences of the cancellation or surrender. If you wish to avoid a contractual obligation as much as possible, cancel both agreements separately.

 

End of the information about rights of revocation

 

[2] The right of cancellation shall not exist for distance selling contracts for the delivery of merchandise which is manufactured according to customer's specifications or for the delivery of software if you unsealed the delivered data carrier.

[3] Please avoid damage or contamination. If possible, please return the goods in their original packaging including all accessories and all packaging elements. If possible, please use a protective packaging. If you do not have the original packaging any longer, please provide a suitable packaging for sufficient protection against transportation damages, in order to avoid claims for damages caused by insufficient packaging.

[4] Before sending the return shipment, please call us under the phone number 0 800 85 87 66 762 (FreeCall) in order to announce the return shipment. In this way, you allow us to rapidly assign the products.

[5] Please note that the modalities mentioned in the paragraphs [3] and [4] are not the condition for the effective exercise of the right of withdrawal.

 

§ 4 Prices and payment

[1] Prices without additional indications are understood as final prices of the goods including the legal value added tax (gross price). The costs for the execution of the contract, in particular the costs for sending, a special packaging or the cash on delivery are additionally calculated in the shopping basket and shown separately. Prices of stockless products are based on non-binding information of suppliers or manufacturers and can change until the receipt of the goods. We reserve the right to change prices without prior notice.

[2] In principle, the delivery is made with cash prepayment or cash on delivery. Other modes of payment are possible.

 

§ 5 Delivery

[1] In principle, orders and deliveries are only possible in Germany. If you desire delivery to another European country, we would be glad to offer you a corresponding solution.

[2] In principle, parcels with the ordered goods will be delivered by DHL (Post) or UPS within Germany.

[3] The delivery time is 1-5 days. We will point out possible divergent delivery times on the respective product side.

[4] If the ordered product is not available, since our supplier does not deliver this product without fault on our part, we can withdraw from the contract. In this case we will immediately inform you and possibly propose you the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you any possibly already paid considerations.

[5] If you set a performance term, it must amount to at least 2 weeks. You shall only be allowed to exercise any claims for damages instead of the performance or due to delay if the delayed service is attributable to wilful intent or gross negligence.

 

§ 6 Reservation of property

The goods will remain our property until full payment. Before the transfer of ownership a pledging, protective conveyance, processing or transformation is not allowed without our approval.

 

§ 7 Warranty

[1] The warranty is granted for a period of 2 years, beginning with the receipt of the goods at the consumer's premises.

We grant a warranty on used goods for a period of 1 year.

[2] If the delivered goods are defective, you may first demand at your discretion to eliminate the defect or the delivery of goods free from defects. We will bear the necessary expenses for the purpose of supplementary performance, in particular transportation, travel, working and material costs. We may in particular refuse the kind of supplementary performance which you first selected if it is only possible at disproportionate costs. At this, it is in particular necessary to consider the value of the object in flawless condition, the meaning of the defect and the question, if it is possible to fall back to the other kind of supplementary performance without any substantial disadvantages for you. In this case, your claim is limited to the other kind of supplementary performance; our right, also under the conditions, which entitles us to deny the firstly selected kind of supplementary performance, remains untouched. If we deliver you merchandise free from defects for the purpose of supplementary performance, you have to immediately return the originally delivered goods at our charges, however, latest within one week. If we replace parts for the purpose of improvement, the replaced parts will become our property.

[3] In order to guarantee the processing of the claims for damages as quickly as possible you should return the corresponding product with an error description as detailed as possible, a copy of the invoice, and the products, if possible, in the original packaging or a similar packaging in order to protect them.

If the shipping packaging is not properly executed, we have a right of replacement for any occurring damages; it is not allowed to only use the product packaging as shipping packaging. Your claims for damage also remain if this clause is not observed. However, without your help the processing of the claims for damage may be considerably delayed. Before returning the goods found faulty you have to back-up the data at your own expenses. No liability may be assumed for loss of data.

[4] When exercising claims of defects for goods which you did not purchase from us, we have the right to compensation of damages and reimbursement of the occurred expenses. The claim for compensation for expenses is estimated with 50 EUR. We reserve the right to prove higher expenses and damages.

You have the right to prove actually considerably lower expenses and damages.

[5] If it reveals that you demanded claims for damages grossly negligently or with intent although there are no defects or if there are no claims for damages due the damage, you are obliged to reimburse us all expenses and damages incurred by using our services.

The claim for damages and reimbursement for expenses will be estimated with 50 EUR. We reserve the right to higher expenses and damages. You reserve the right to prove actually considerably lower expenses and damages.

[6] We do not assume any liability for damages and defects which are caused by improper use and storage, which is caused by improper use, operation and storage, improper or careless maintenance, overstress or improper repair by a non-authorised service partner.

 

§ 8 Data protection

[1] Our data protection practice is in accordance with the Federal Data Protection Act as well as with the German Teleservices Data Protection Act.

[2] The customer agrees with the electronic saving of the personal data which he transferred to us. We are entitled to forward the necessary data to third parties who are involved in order to perform the contract (contractual partners, financial institutions, etc.). The data are not forwarded to such third parties who are not involved with the performance of the contract.

[3] We are allowed to save any personal data which are transferred to us on the occasion of opportunities which do not serve to perform a contract (e.g. raffles, price competitions, newsletters, etc.) and to use them for our own advertising purposes.

[4] We are using solely checked SSL encryption techniques for the SSL encryption of your data.

 

§ 9 Environmental service

[1] We are acting according to the existing electrical, packaging and battery ordinance.

 

§ 10 Place of fulfilment, place of jurisdiction

[1] Concerning contracts with traders, juristic persons of the public law or with fund assets of the public law, the place of business of the seller is agreed as the place of fulfilment for delivery and payment and the headquarters are agreed as place of jurisdiction.

[2] If the end consumer does not reside in the EU or if he loses a residence or common domicile on the territory of the Federal Republic of Germany after the conclusion of the contract, then our business location will be the place of jurisdiction. This also applies if the residence or the common domicile is unknown at the time of the commencement of a suit.

[3] The law of the Federal Republic of Germany is applicable. The terms of the United Nations Convention on Contracts for the International Sale of Goods dated 11.04.1980 on Contracts for the International Sale of Good (Vienna UN Convention) is not applicable. In dealing with the end customers within the European Union the right on the domicile of the end customer may also be applicable if it does not concern obligatory consumer rights provisions.

 

ultron AG

August-Schmidt-Straße 7

52477 Alsdorf

Management: Ralf Geppert

Chairman of the board:

Andreas Printz, graduated economist

Management board: Achim Heyne

Phone: +49 2404 918 0

Fax: +49 2404 918 120

Hotline: 0800 858 766 24

Serviceline: 0800 858 766 762

Register court: Legal court Aachen

Registration number: HR B 8697

VAT ID: DE217697553

Tax identification No: 202/5735/0892