GTB & Customer Information

As of 01/07/2014

These terms are valid for all business between EMIKO Handelsgesellschaft mbH and their customers.


Contents:

A. General Terms of Business

1.    Scope
2.    Contract conclusion
3.    Prices and terms of payment
4.    Terms of delivery and forwarding
5.    Liability for defects
6.    Applicable law

B. Customer Information

1.    Information on the seller’s identity
2.    Information on the essential characteristics of merchandise or service
3.    Information on the conclusion of the contract
4.    Information on payment and delivery
5.    Information on technical steps leading to the conclusion of the contract
6.    Information on saving the contractual text
7.    Information on the technical means of recognizing and correcting entry errors
8.    Information on the languages available for concluding the contract


A. General Terms of Business

1.    Scope
1.1.    These business terms of EMIKO Handelsgesellschaft mbH (afterwards referred to as “seller”), are valid for all contracts that a consumer or entrepreneur (afterwards referred to as “customer”) concludes with the seller concerning the goods and/or services described in their Online Shop. This contradicts the inclusion of the customer’s own terms, unless anything else is specifically agreed.

1.2.    A consumer as defined in these General Terms of Business is any natural person, who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur as defined in these General Terms of Business is any natural person or legal entity or a legal partnership who act in pursuance of their independent professional or commercial activity at the conclusion of a legal transaction.

2.    Contract conclusion
2.1.    The seller executes orders only to the following countries: Germany, Austria, Italy, Denmark, the Netherlands and Finland. Individual articles are not available in all supplier countries quoted above; the customer’s attention will be drawn to this during the order process.

2.2.    The products described in the seller’s Online Shop do not represent a legally binding offer but only a noncommittal online catalogue.

2.3.    By pressing the button “order subject to costs” the customer submits a binding order for the goods contained in the basket. The seller confirms reception to the customer per e-mail. The seller is entitled to accept the offer sent off by the order within 3 working days by sending an order confirmation per e-mail.

2.4.    Order processing and contacting normally take place per e-mail and automatic order processing. The customer must ensure that the e-mail address he has given for the processing of the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, the customer has to ensure that in the case of SPAM filters being used all the e-mails sent by the seller or by third parties commissioned by the seller to deal with the order can be delivered.

3.    Prices and terms of payment
3.1.    The seller’s quoted prices are final prices and include the statutory German value added tax. The customer is informed of the forwarding costs before sending off his order. Within Germany these are 5.00 € per parcel up to 30.0 kg and to Austria 7.20 € per parcel up to 30.0 kg. From a merchandise value of 70.00 € delivery is made within Germany and to Austria without any forwarding costs. You can see the forwarding costs for other countries to be supplied before you order on the “Forwarding and Costs” page.

3.2.    For deliveries within Germany the seller offers the following payment options, unless anything else is specified in the respective product description in the offer: invoice (7 days net), direct debit, PayPal, Sofortüberweisung.de, prepayment. In the case of first order customers we reserve the right to deliver against prepayment by bank transfer.

3.3.    If in addition forwarding abroad is offered for the respective article, the customer always has to pay in advance by bank transfer or PayPal or Sofortüberweisung.de. Payment is to be made within 7 days after receipt of the order confirmation.
 
4.    Delivery and forwarding terms
4.1.    The delivery of goods takes place regularly by mail order and to the delivery address stated by the customer. The delivery address stated in the order processing is decisive during the handling of the transaction. Diverging from this, in the case of the PayPal payment option the delivery address deposited with PayPal by the customer at the time of payment is decisive.

4.2.    The availability of the individual goods is stated in the article descriptions. The delivery period for goods available in stock is 7 days from contract conclusion, unless otherwise stated in the article description (in the case of advance payment by bank transfer: 12 working days after instruction to pay by the customer).

4.3.    If the transport company sends the forwarded merchandise to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful forwarding. This does not apply if the customer exercises his/her right to cancel by refusing acceptance or if he/she was prevented from accepting the offered service through no fault of his/her own, unless the seller had informed him/her beforehand about the service in appropriately good time.

5.    Reservation of proprietary rights, right of retention
5.1.    The delivered goods remain the property of the seller until all claims from the contract have been settled; in the event that the customer is a corporate body, a separate estate under public law or an entrepreneur exercising its commercial or independent professional activity, even over and above the current business relationship until all claims are settled to which the seller is entitled in connection with the contract.

5.2.    The customer is entitled to exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship.

6.    Liability for defects
The statutory liability for defects is applicable.

7.    Applicable law, place of jurisdiction, contractual language
7.1.    The laws of the Federal Republic of Germany apply for all legal relations between the parties except for laws on the international purchase of moveable goods. In the case of consumers, this choice of law is only valid in as far as the protection given is withdrawn by mandatory legal provisions of the country in which the consumer normally resides.

7.2.    If the customer acts as a merchant, corporate body or separate estate under public law, jurisdiction for all disputes resulting from this contract is exclusively the seller’s headquarters. The same applies if the customer has no general place of jurisdiction in Germany or the EU or if place of residence or normal abode are unknown at the date of institution of proceedings. The authority to call upon the court at another legal jurisdiction remains unaffected by this.

7.3.    The contractual language is German.


B. Customer Information

1.    Information on the seller’s identity
EMIKO Handelsgesellschaft mbH
Mühlgrabenstraße 13
53340 Meckenheim
Germany

Tel.: +49 (0)2225/95595-0
Fax: +49 (0)2225/95595-20
E-mail: shop@emiko.de

VAT-ID Nr.: DE 814 048 956
Commercial Register: Bonn, HRB 13 035
Managing Director: Dipl. Ing. agrar Markus Werner

2.    Information on essential characteristics of the merchandise or service
The essential characteristics of merchandise or service result from the respective product description entered by the seller.

3.    Information on the conclusion of the contract
The conclusion of the contract takes place according to section 2 of the seller’s General Terms of Business (see above).

4.    Information on payment and delivery
Payment is made according to section 3, delivery according to section 4 of the seller’s General Terms of Business (see above).

5.    Information on the technical steps leading to the conclusion of the contract
The conclusion of the contract takes place by offer and acceptance.

5.1.    If the customer uses the seller’s online order form for his order, he submits his offer as follows:

5.1.1.    The customer clicks in step 1 on the button “add to basket” on the seller’s page of goods for sale.

5.1.2.    The customer now clicks, directly or after placing further goods in the virtual basket, in step 2 on the button “basket”. The customer is given an overview of the goods he has placed in the basket here. Then the customer clicks on the button “cash desk”. The customer can log in on this page if he already possesses a customer account or enter his details, should he not have a customer account yet. After entering all the data, the customer clicks the button “continue to next step” at the bottom of the page and accesses the pages “select address” and “forwarding and type of payment” until he reaches the page “check and send off”.

5.1.3.    On the page “check and send off” the customer is given a summary of his products and data. If these are correct, he/she can send off the order by clicking the button “order subject to costs”. If the customer discovers mistakes in his details, he can correct these by jumping to the previous page (using the button “previous page”).

5.2.    Acceptance by the seller takes place according to section 2.3 of the seller’s General Terms of Business (see above).

6.    Information on saving the contractual text
The contractual text is saved by the seller and sent to the customer after dispatch of his/her order together with the existing general terms of business and customer information in text form (e.g. e-mail, fax or letter).

7.    Information on the technical means of recognizing and correcting entry errors
The customer can always correct his entries using the normal keyboard and mouse functions before sending off the binding order. In addition, all entries are shown again before sending off the binding order and can also be corrected there using the normal keyboard and mouse functions.

8.    Information on the languages available for concluding the contract
Only the German language is available for concluding the contract.