Sect. 1 Scope of validity, customer information
The following general terms and conditions (GTC) govern the contractual relationship between XYZ Machinery GmbH and entrepreneurs who purchase goods in our shop www.xyzcam.de. Conditions that oppose or differ from our terms and conditions are not accepted by us. The contract language is German.
Sect. 2 Conclusion of contract
(1) The offers on the internet represent a non-binding invitation to you to order goods.
(2) You can add one or more products into the shopping cart. In the course of the order process you enter your data and desires concerning payment method, delivery modalities etc. Once you have entered your information and clicked the order button, you submit a binding offer to conclude a purchase contract.
(3) We are entitled to accept your offer by sending an order confirmation by e-mail within 3 working days. If the period in sentence 1 expires without acceptance, your offer is deemed to have lapsed, i.e. you are no longer bound to it.
Sect. 3 Customer information: Storage of the contractual text
Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by us. However, you do not have access to your past orders via the internet. We will send you the GTC, but you can also access the GTC at any time via our website. If you want to save the product description on our shop page for your own purposes, you can make a screenshot or alternatively print the whole page at the time of ordering.
Sect. 4 Customer information: Correction note
You can amend your entries at any time before submitting the order by using the delete key. We will keep you informed throughout the checkout process of further correction options. You can terminate the order process also at any time by closing of the browser window completely.
Sect. 5 Retention of title
The purchase item remains our property until full payment is made.
Sect. 6 Statute of limitations of your warranty
(1) The warranty complies with the statutory provisions.
(2) Your warranty claims due to defects in the good sold shall become time-barred one year after the passing of risk. The following claims are excluded from this rule:
– on compensation for damages
– for maliciously concealed defects
– arising from any granted warranty
– on recourse under §§ 445a, 478 Bürgerliches Gesetzbuch (BGB, Civil Code)
– due to defects in building materials and components which have been used in accordance with their normal use for a building and which have caused its defectiveness.
The statutory limitation periods shall apply to these excluded claims. In the event of a granted warranty period, the longer period shall apply in favor of the buyer.
Sect. 7 Limitation of liability
We exclude liability for minor negligence in breach of duty, provided such breaches do not involve essential contractual obligations, damages caused by death, bodily injury, impaired health or guarantees or affect claims under the Produkthaftungsgesetz (ProdHaftG, Product Liability Act). Same is valid for obligation injuries of our executing aides and our legal representatives. Belonged to the contract-substantial obligations in particular the obligation to hand over and for you the property to it provide to you the thing. Further we have to provide the thing for you freely from special and defective titles to.
Sect. 8 Jurisdictional venue
The exclusive jurisdictional venue for all disputes arising under this contract is our registered office, if you are a merchant.