Terms and Conditions
General terms and conditions of Sertronics GmbH
I. Your contractual partner
The contract is concluded between Sertronics GmbH, Jenfelder Allee 80, 22045 Hamburg, Tel .: + 49-40-853999-0, registered in the commercial register of the local court Hamburg under HRB / A 141170, represented by Guido de Martin, VAT identification No .: DE 811891770 (hereinafter referred to as “we” or “us”) and their customers.
II. Scope
1. For all orders for service (repair) services (hereinafter “services” or “repairs”) and goods orders (hereinafter also “orders”) via our online shop by consumers and entrepreneurs (hereinafter referred to as “customers” if consumers and Entrepreneurs are meant) only the following terms and conditions apply in the version valid at the time of the order.
2. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity. With respect to entrepreneurs, these terms and conditions also apply to future business relationships without us referring to them again should point out.
3. If the customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this in writing. In the following, the conditions for services and then the conditions for goods orders are regulated.
III. Conditions for services
1. Order placement and scope of services for services
(1) We provide services (repair services) in accordance with and to the extent as described by the customer in the service order and confirmed by us.
(2) If the customer did not explicitly limit the service order to certain parts and / or the rectification of certain defects when placing the order, we will repair the device in such a way that it is fully functional in the sense of the technical description is made.
(3) If the customer has restricted the order as described above, we will only carry out the specific services ordered. However, we do not produce the functionality in the sense of the technical description. In such cases, the device may still have serious malfunctions despite having been properly repaired.
(4) If the customer sets us a repair cost limit, and if the repair cannot be carried out at the specified cost, the repair measure will only be continued as soon as this is known, if the customer agrees to carry it out required higher costs have been obtained. If the customer refuses to agree to the complete repair at higher costs, the device will be returned in the condition in which the notification was made in accordance with the above.
2. Service costing
(1) We only compile costs on special request under these conditions and whenever a repair cost limit set by the customer cannot be met. They are generally subject to a fee and will be Time spent on the valid prices of the Service price list . They are binding if the repair order is placed within 30 days and the device has not been used between the creation of the cost estimate and the order. The execution of non-agreed work requires the prior consent of the client, unless the client cannot be reached at short notice, the work is necessary and the total costs do not increase by a percentage higher than 10%.
(2) Important note on interventions in devices: Interventions in the devices are already required when creating a cost calculation. These consequences can often not be remedied even if the customer does not place the repair order after becoming aware of the cost determination. There is only a claim that the device will be restored to its original state insofar as the costs for it after the Service Price List the amount of 40% of the cost the cost calculation or if the customer expressly requests this against reimbursement of costs.
3. Order processing for services if no error can be found
(1) If the service order is issued by a dealer or a specialist workshop, he / she is obliged to the best of his ability to exclude that the Device is error-free.
(2) A device is error-free if it works perfectly under the intended operating conditions. All errors that occur through or only when used with other devices and are then reproducible are only within the scope of the To resolve service orders from us if the other devices and all connecting parts used for this by the end consumer are also part of the service order.
(3) If it turns out that the device is faultless and the error in it cannot be reproduced, we have carried out the order if and as soon as this determination has been made. Even in such cases, the customer owes payment of the service price list determined costs.
4. Prices, payment and collection for services
(1) Relevant for the calculation are the prices valid at the time the order is placed according to Service price list .
(2) The calculation is based on the time required and the spare parts required for the service. There is also a small parts fee Repair order for the effort from us for solder and other repair aids, repair aids and the like.
(3) If collection of the device by the customer has been agreed with us, the device will only be handed over against cash payment or payment with EC card and PIN number. Completion of the device upon collection has been agreed upon and the customer will be informed of the invoice amount.
(4) If delivery against invoice has been agreed as an exception, the invoice amount is due on the day of the invoice without any deduction.
(5) In other cases, we send repair equipment to the customer cash on delivery.
(6) If a cash on delivery is not redeemed or a device is not picked up within 14 days from the dispatch of the completion notice, the customer receives another message asking them to redeem the cash on delivery or to pick up the device. In the event of default, we are entitled to charge storage fees and default interest from 30 days after receipt of the invoice / notification.
(7) If the proof of guarantee for an order is only provided after the invoice has been issued, we will invoice the client with a flat rate booking fee of EUR 15.00.
(8) Warranty repairs are carried out subject to approval by the manufacturer. If the manufacturer refuses recognition, the repair costs will be borne by the customer.
5. Shipping and shipping costs for services
(1) All freight, ancillary freight and packaging costs are borne by the customer.
(2) For devices sent in / transferred, the risk passes to us as soon as we receive these devices.
(3) the customer sends the goods using a return card provided by us back to us, the customer is obliged to properly pack the goods. It is recommended to use the original packaging. If the goods are damaged during transport due to insufficient packaging, the customer is liable for damage to the goods due to this.
(4) When the devices are returned, the risk is handed over to the customer upon delivery to us. In the case of shipping by post or freight, the risk passes to the customer if and as soon as the device is sent either to a forwarder / carrier or Bundespost has been handed over or has otherwise left our premises.
(5) We select shipping routes, forwarders and carriers for the return of the devices with the care of a prudent businessman. It is the customer’s responsibility to observe and assert any transport damage and the deadlines to be observed.
(6) If devices are handed over or sent to us, we will return them in suitable, customary packaging. These is to be paid separately by the customer.
6. Lien and failure to collect
(1) We are entitled to a contractual right of lien (§ 647 BGB) on the devices that came into our possession as part of the order due to the performance of the order.
(2) If the customer does not redeem the device sent to him by cash on delivery after performing the service, even after completing the above in section 4 (6). received the request, or if the customer does not pick up the device within 4 weeks of the second request, we can request the customer after the deadline calculate appropriate storage fee.
(3) If the device is also 3 months after the second request according to Section 6 (2). have not been picked up, we are not obliged to keep them and of any Liability, also for negligent damage or destruction, free. After this 3-month period, we are free to send the customer a threat of a direct sale. 4 weeks after sending this threat, we may use the device in question to cover the service claim against the customer. If additional revenue is achieved, it must be paid out to the customer.
7. Warranty for repair of services and liability
(1) We guarantee that the repair will be carried out properly for 12 months. Defects in the affected device will be rectified free of charge if and to the extent that we are responsible for them. We guarantee the use of flawless material when performing services for the same period.
(2) The customer must allow us time and opportunity to remedy the defect and, above all, ensure that the object in question is examined by us or our agents for the examination and implementation of the warranty measures Is available.
(3) We are only liable for damage and loss to the object of the order insofar as we or our vicarious agents are at fault. In the event of damage we are obliged to carry out repairs free of charge for the customer, but we are also authorized to do so alone. If the repair is impossible or if the effort for it exceeds the current value, we can instead meet the customer’s claims by paying the current value of a comparable device or, at our own discretion, by supplying a corresponding new device. The same applies to loss. We are in no way liable for collector’s values or the like.
(4) We accept no liability whatsoever for damage of any kind, be it to the device or otherwise, for whatever legal reason, if and insofar as such damage is caused by:
- intentional or grossly negligent breach of duty by legal representatives or vicarious agents;
- the breach of essential contractual obligations: “essential contractual obligations” are those obligations that are essential for the contractual legal positions of the customer, furthermore such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer has regularly trusted and may trust;
- the existence of a case of injury to life, limb and health, also by legal representatives or vicarious agents;
- the existence of a case of delay, insofar as a fixed delivery and / or fixed time of performance was agreed;
have arisen.
We are also fully liable for any damage caused to the Assumption of a guarantee or the existence of a performance success, or a procurement risk within the meaning of § 276 BGB and due to liability under the Product Liability Act or other legally mandatory liability. In addition, claims for damages are excluded.
(5) In accordance with the above conditions, we are only obliged to remedy defects or damages or to pay compensation if the defects and damages that occurred immediately after their discovery, at least no later than one week after discovery, have been reported in writing.
(6) Any liability is void if the customer remedies defects or damages without our prior consent or if they are carried out by third parties leaves. The customer is not entitled to reimbursement of costs incurred as a result.
(7) We are not liable for data loss on devices that resulted from the repair. The user is solely responsible for data backup.
IV. Conditions for inventory ellungen via our online shop
1. Availability of goods, delivery time, conclusion of contract
(1) goods availability
If no copies of the selected product are available at the time of the customer’s order, we will inform the customer immediately in the order confirmation. If the product is permanently not available, we refrain from a declaration of acceptance. In this case, a contract is not concluded.
(2) delivery time
Delivery dates specified by us are calculated from the time of our Order confirmation, prior payment of the purchase price required (except for purchase on account). If no or no deviating delivery time is specified for the respective goods in our online shop, it is 14 days. Binding delivery dates and deadlines must be expressly agreed in writing. In the case of non-binding or approximate (approx., Etc.) delivery dates and deadlines, we strive to comply with them to the best of our ability. Compliance with our delivery obligations presupposes the timely and proper fulfillment of our customer’s contractual obligations.
(3) Conclusion of contract
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalog. You can initially add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the order process use the provided and explained correction aids. By clicking the buttons “Accept terms and conditions” and “Order with payment” you place a binding order for the goods contained in the shopping cart. Acknowledgment of receipt of the receipt of your order will be sent by email immediately after the order has been sent. The confirmation of receipt only documents that we have received the customer’s order and does not constitute acceptance of the application. When the contract is concluded with us depends on the payment method you have chosen:
- Cash on delivery, invoiceWe accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
- advance paymentWe accept your order by sending a declaration of acceptance in a separate email within two days, in which we give you our bank details.
- credit cardBy submitting the order, you are also sending us your Credit card details. After your legitimation as a legitimate cardholder, we ask your credit card company to initiate the payment transaction and thereby accept your offer.
- PayPalIn the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.
- Cash payment when picking upWe accept your order by sending a declaration of acceptance in a separate email within two days.
2. Contract language, contract text storage
The language available for the conclusion of the contract is German. We save the text of the contract and send you the order data, our terms and conditions and the cancellation policy until delivery by email. For security reasons, the contract text is no longer accessible on the Internet.
3. Prices and shipping
All prices stated on our website include the applicable statutory sales tax. In addition to the stated product prices including VAT, shipping costs are added. You can find out more about the shipping costs from the offers. The corresponding shipping costs are specified to the customer in the offer and are fundamentally to be borne by the customer, unless the customer enters one Is a consumer and makes use of his right of withdrawal. In the event of cancellation, the customer has to bear the direct costs of the return. From an order value of 20.00 EUR we deliver free of charge to the customer.
Basically, you have the option of picking up at the specified business hours on Sertronics location Berlin
4. Payment
(1) advance payment
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
(2) cash on delivery
We can currently only offer cash on delivery for telephone orders. You pay den Purchase price directly from the delivery agent. There are plus 4.00 euros as costs. In addition, 2.00 euros must be paid directly to the deliverer.
(3) credit card
When you place your order, you also send us your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after placing your order. The payment transaction is carried out automatically by the credit card company and your card is debited.
(4) PayPal
In the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You’ll get more information during the ordering process.
(5) Invoice
We only offer purchase on account for schools, universities, public institutions or commercial customers (after examination). You pay the invoice amount after receipt of the goods and the invoice by transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check. We accept bills of exchange only exceptionally by express agreement and only on account of performance. We calculate discount charges from the due date of the invoice to the expiry date of the bill, as well as bill costs. The customer must bear interest and costs for discounting or collecting bills of exchange. In the case of bills of exchange and checks, the day on which they are cashed is considered the payment day. If the bill of exchange discount is rejected by our house bank, or if there are reasonable doubts as to whether the bill of exchange discounting takes place during the bill of exchange term, we are entitled to request immediate cash payment by taking back the bill of exchange.
(6) Cash payment upon collection
You pay the invoice amount in cash when you pick it up.
5. Change of payment method
The customer can change the payment method stored in his user account at any time.
6. Maturity
The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment. The customer’s obligation to pay default interest does not preclude us from asserting further default damages.
7. Retention of title
The goods remain our property until full payment. For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale occur independently from a connection or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
For consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. Failure to file a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. But they help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs:
The risk of accidental destruction and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. Under Merchants are subject to the duty to inspect and give notice of defects, which is regulated in § 377 HGB. If you omit the notification regulated there, the goods will be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.
9. Warranties and guarantees
Unless otherwise expressly agreed below, the statutory warranty law applies. For consumers, the limitation period for claims for defects in used Sa??one year after delivery of the goods. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. Towards entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, count as an agreement on the quality of the goods; for public statements by the manufacturer or other We accept no liability for advertising messages. If the delivered item is defective, we first make payments to entrepreneurs our choice of guarantee by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery).
10. Exceptions to the limitation of liability in Section IV, 9.
(1) The restrictions and shortening of deadlines mentioned in Section IV, 9. do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health;
- in the event of willful or grossly negligent breach of duty and malice;
- in the event of a breach of essential contractual obligations, the fulfillment of which
- Right of withdrawal
- Consequences of withdrawal
- Exception to the right of withdrawal