General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (A.S.SAT TES UG) via the website assattes.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is rejected.
(2) A consumer, within the meaning of the following regulations, is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods.
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order summary.
Before submitting the order, you have the opportunity to review the information in the order summary again, change it (also by using the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("Order with obligation to pay", "Buy" / "Buy now", "Order subject to charge" or similar designation), you submit a binding offer to us.
(3) Acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g., e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received such a message, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and, in particular, is not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "Shopify Payments"
If you choose a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing will be handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly designated button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment conditions apply to these, you will be informed separately about them. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been fully settled. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the goods subject to retention of title.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) Statutory liability rights for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
(4) If you are an entrepreneur, the following applies, notwithstanding the aforementioned warranty regulations:
a) Only our own specifications and the manufacturer's product description are considered to be agreed upon as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or new delivery. If the rectification of the defect fails, you may demand a reduction in price or withdraw from the contract, at your discretion. The rectification of the defect is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of rectification, we are not obliged to bear the increased costs incurred by the transfer of the goods to a location other than the place of performance, unless the transfer corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn thereby (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Seller's Identity
A.S.SAT TES UG
Tachauer Str.50
95671 Bärnau
Germany
Phone: 09635 92 49 60
E-mail: a.sobczynski@assat-tes-ug.de
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction possibilities are carried out in accordance with the regulations "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping is promised.
6.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers specializing in IT law of Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/