Standard Business Terms and Customer Information

I. Standard Business Terms

§ 1 Basic Provisions

(1) The following business terms are applicable to all contracts concluded with us as a supplier (Utsch & Gierse Tools GmbH) via the website www.ug-tools.de. Unless otherwise agreed upon, the inclusion of your own conditions is ruled out.

(2) A “consumer” is any natural person who concludes a legal transaction that, to an overwhelming extent, cannot be attributed to their commercial or independent professional activity. A “businessman” is any natural or legal person or legally responsible partnership that concludes a legal transaction in pursuance of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject-matter of the contract is the sale of products and/or the provision of repair services.

(2) As soon as we place the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows: ...

(4) You are not bound by your enquiries regarding the creation of an offer. We supply you with a binding offer in text form (e.g. by e-mail) which you can accept within 5 days.

(5) The order process and communication take place via e-mail, partly in an automated manner. You must ensure that the e-mail address you provide is correct and that the receipt of e-mails is technically possible and not blocked by spam filters.

§ 3 Individually-Designed Products

(1) You provide us with the information, text, or data necessary to customise the goods ...

(2) You are obliged to ensure that transmitted data do not infringe third-party rights ...

(3) We do not check the transmitted data for accuracy and accept no liability for errors.

§ 4 Provision of Services in Case of Repairs

(1) Insofar as repair services form the subject-matter of the contract, we are obliged to perform ...

(5) If you exercise your right of termination in accordance with Section 648(1) BGB ...

§ 5 Special Agreements Related to the Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout”: ... Further information can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

§ 6 Right of Retention, Reservation of Proprietary Rights

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price has been made.

§ 7 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the product promptly upon delivery ...

(3) Deviations from objective product requirements are only deemed agreed if explicitly confirmed.

§ 8 Choice of Law, Place of Fulfilment, Jurisdiction

(1) German law shall apply. ...

(2) For businessmen or public-law entities, our registered office is the place of fulfilment and jurisdiction ...

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are excluded.

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II. Customer Information

1. Identity of the Seller

Utsch & Gierse Tools GmbH
Kohlecke 1
59846 Sundern
Germany
Telephone: 02933 7863020
E-mail: info@ug-tools.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information Regarding the Conclusion of the Contract

The technical steps for contract conclusion ...

3. Contractual Language, Saving the Text of the Contract

3.1 Contract language: English.

3.2 The full contract text is not stored by us. ...

3.3 For quotation requests outside the online system, you will receive all data by e-mail in text form.

4. Main Features of the Product or Service

The key features of the goods and/or services are shown in the respective offer.

5. Prices and Payment Arrangements

5.1 Prices include all taxes and duties unless otherwise stated.

5.2 Shipping costs are shown separately and are payable in addition.

5.3 If delivery is outside the EU, additional charges such as duties or transfer fees may apply.

5.4–5.6 Further details as stated above.

6. Delivery Conditions

6.1 Delivery conditions, dates, and restrictions can be found on our website or in the offer.

6.2 For consumers, the risk of accidental loss transfers only upon delivery, unless you appoint your own carrier.

7. Statutory Warranty Right

Liability for defects is governed by the “Warranty” section of our General Terms and Conditions (Part I).

8. Termination

8.1 Information on termination and the relevant terms can be found in the “Repair” section of our General Terms and Conditions (Part I).

These SBTs and customer information were created by lawyers specialising in IT law for the Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal security of these texts and assumes liability in case of warnings.
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

Last update: 22 October 2024