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Verkäufer: DELKER
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Mitglied seit:2023
Über das Unternehmen
Friedrich Delker GmbH & Co. KG is a family-owned company based in Essen with over 50 years of experience as a trusted partner for tools, industrial equipment, and supplies. Offering a comprehensive range of high-quality products and tailored solutions, Delker supports businesses across various industries. The company focuses on excellent customer service, innovation, and close collaboration with renowned manufacturers.
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Verkäuferinformationen
Gesetzliche Informationen
Firmenname: Friedrich Delker GmbH & Co. KG
Handelsregisternummer: HRA7236
Hauptsitz: Manderscheidtstraße 20, 45141 Essen, Deutschland
Über das Unternehmen
Friedrich Delker GmbH & Co. KG is a family-owned company based in Essen with over 50 years of experience as a trusted partner for tools, industrial equipment, and supplies. Offering a comprehensive range of high-quality products and tailored solutions, Delker supports businesses across various industries. The company focuses on excellent customer service, innovation, and close collaboration with renowned manufacturers.
Rücksendungen und Erstattungen
General Terms and Conditions with Customer Information for Business Customers
§ 1 Scope
(1) These General Terms and Conditions apply to all contracts concluded between Friedrich Delker GmbH & Co. KG, represented by Delker Verwaltungs-GmbH, which in turn is represented by its Managing Director Dipl.-Wirtsch.-Ing. Georg Delker, operating in the DirectIndustry Business Customer Shop at https://www.directindustry.de/ under the seller name DELKER, Manderscheidtstraße 20, 45141 Essen, Phone: +49(0)201-8912-508, Fax: +49(0)201-8912100, Email: service.ebusiness@delker.com (hereinafter referred to as the “Seller”), and the buyer on the online platform https://www.directindustry.de/.
(2) Buyers within the meaning of these General Terms and Conditions are exclusively entrepreneurs (§ 14 BGB). These General Terms and Conditions therefore apply only to entrepreneurs. An entrepreneur is, according to § 14 BGB, a natural or legal person or a legal partnership acting in the exercise of its commercial or independent professional activity when concluding a legal transaction. The Seller does not conclude purchase contracts with consumers as buyers on the platform https://www.directindustry.de/. A consumer is, according to § 13 BGB, any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
§ 2 Offer and Contract Conclusion
(1) The products offered on the online platform https://www.directindustry.de/ do not constitute binding offers by the Seller but serve as an invitation to the buyer to submit a binding offer. The buyer can place orders via the shopping cart system on the platform https://www.directindustry.de/.
(2) Ordering through the online shop https://www.directindustry.de/:
The buyer can place the Seller’s products in the virtual shopping cart without obligation. To do this, the buyer clicks the "Add to Cart" button in the product description. The selected item is then added to the virtual shopping cart. After adding the selected item to the cart, the buyer can either click "View Cart" or "Proceed to Checkout." By clicking "View Cart," the buyer can view the selected items along with their price components in the cart. From there, the buyer can proceed by clicking the "Proceed to Checkout" button. The buyer can also directly click "Proceed to Checkout" from the cart and will then be directed to the login/registration page. The buyer must log in to their business customer account by entering their email address and password or create a new business customer account and register. The buyer must then select the desired payment method. To finalize the order, the buyer must click the "Place Order Now" button. By doing so, the buyer submits a binding order. After clicking the "Place Order Now" button, it is no longer possible to correct the order. Before submitting the binding order, the buyer can correct their entries at any time using the usual keyboard and mouse functions. Additionally, all entries are displayed again in a confirmation window before submitting the order, where they can also be corrected using the usual keyboard and mouse functions. The contract with the Seller is only concluded when the Seller accepts the buyer’s offer.
§ 3 Prices
The prices listed on the offer page are net prices, excluding statutory VAT and shipping costs, but include all other price components.
§ 4 Shipping Costs
(1) The delivery costs (shipping costs) are specified on the respective offer overview and the offer page of the Seller.
(2) Collection of purchased items at the Seller’s business address (Manderscheidtstraße 20, 45141 Essen) is possible. No delivery costs are incurred for collection.
§ 5 Payment Terms
(1) Payment for goods can be made by invoice or advance payment.
(2) For the payment method "invoice," the invoice amount is due within 14 days after receipt of the invoice and delivery of the goods.
(3) For advance payment, the Seller provides the buyer with their bank details in the order confirmation. The invoice amount must then be paid within 14 days.
§ 6 Delivery Terms
(1) Delivery of items is limited to the delivery areas specified on the offer page.
(2) Items are delivered using the shipping method and by the shipping companies specified on the offer page.
(3) Delivery of purchased items is made within the delivery time specified on the offer page.
(4) Items are delivered to the delivery address provided by the customer on https://www.directindustry.de/, unless otherwise agreed.
§ 7 Retention of Title
The goods remain the property of the Seller until full payment has been made.
§ 8 Transport Damage
The risk of accidental loss or accidental deterioration of the goods transfers to the buyer as soon as the Seller hands over the items to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.
§ 9 Warranty/Liability for Defects
(1) Warranty and liability for defects are governed by statutory provisions.
(2) For contracts involving digital products, the buyer has a duty to assist in verifying whether their digital environment is compatible with the product’s technical requirements.
(3) If the Seller owes updates for goods with digital elements or digital products, the Seller will notify the buyer of the availability of the update. The Seller is not liable for defects caused by the buyer’s failure to install the update within a reasonable time.
For entrepreneurs only:
(4) The Seller is not obligated to provide operating or assembly instructions. If the Seller does so, it is a voluntary service and does not establish legal claims.
(5) The objective quality of the purchased item is solely determined by the information provided in the online shop; no additional agreements are necessary. The Seller is not liable for public statements by the manufacturer or third parties (e.g., advertising claims).
(6) The Seller is not obligated to provide software updates for goods with digital elements or digital products. If updates are provided, it is a voluntary service and does not establish legal claims.
(7) Warranty claims of the entrepreneur as buyer require proper compliance with the inspection and notification obligations under § 377 HGB.
(8) Contrary to § 438(1) No. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery unless mandatory statutory provisions require a longer limitation period. If acceptance is agreed upon, the limitation period begins upon acceptance of the goods.
§ 10 Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Storage of Contract Text
The contract text is stored in the Seller’s internal system after the contract is concluded and is not accessible to the buyer. The order data and the General Terms and Conditions are sent to the buyer by email after the contract is concluded. The buyer can view their recent orders via their DirectIndustry business customer account.
§ 12 Final Provisions
(1) Should any provision of these General Terms and Conditions be invalid, the remaining provisions shall remain valid.
(2) The contract language is German.
(3) All disputes arising from or in connection with this agreement shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies to consumers only to the extent that it does not conflict with mandatory consumer protection provisions of the state in which the consumer has their habitual residence at the time of their order.
(4) If the buyer is a merchant under the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the buyer and the Seller is the Seller’s registered office.
Last updated: May 2022