Verkäufer: JÄGER DIREKT Jäger Fischer GmbH & Co. KG
Bewertungen:-
Mitglied seit:2023
Über das Unternehmen
JÄGER DIREKT is a specialist in electrical solutions. Our goal is to grow continuously through the success of our customers. The concept has proven successful—our network of active electrical installers has expanded over the years and continues to grow. Together with our sister companies in Austria and the Netherlands, more than 250 jobs have been created so far. At the core of our product range are our high-quality brands made in Germany: OPUS® switch programs, DELUNA® recessed spotlights, VOTHA® wall distributors, JUMBO® cable reels, and SIROX® mobile power supply.
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Gesetzliche Informationen
Firmenname: JÄGER DIREKT - Jäger Fischer GmbH & Co. KG
Handelsregisternummer: HRA 70766
Hauptsitz: OPUS Str. 1, 64646 Heppenheim, Deutschland
Über das Unternehmen
JÄGER DIREKT is a specialist in electrical solutions. Our goal is to grow continuously through the success of our customers. The concept has proven successful—our network of active electrical installers has expanded over the years and continues to grow. Together with our sister companies in Austria and the Netherlands, more than 250 jobs have been created so far. At the core of our product range are our high-quality brands made in Germany: OPUS® switch programs, DELUNA® recessed spotlights, VOTHA® wall distributors, JUMBO® cable reels, and SIROX® mobile power supply.
Rücksendungen und Erstattungen
§ 1 Scope of Application, Definitions
(1) These terms and conditions apply to the contracts concluded between us, Jäger Fischer GmbH & Co. KG (hereinafter referred to as "Provider"), and the customer (hereinafter referred to as "Customer") via this online shop, by e-mail, fax, telephone, in writing, or in person, unless expressly agreed otherwise in writing between you and us. Deviating or conflicting conditions will not be recognized by us unless we have expressly agreed to them.
(2) Our online shop is exclusively directed at entrepreneurs within the meaning of § 14 BGB (German Civil Code). We may therefore require you to provide sufficient proof of your entrepreneurial status before the conclusion of the contract, e.g., by providing your VAT ID number or other suitable proof. The required data for proof must be provided by you fully and truthfully. We do not serve end consumers.
(3) The version of the GTC valid at the time of the conclusion of the contract is applicable.
(4) All agreements made between you and us in connection with the purchase contract are particularly derived from these terms and conditions, our written order confirmation, our acceptance declaration, and our shipping and payment conditions.
(5) We do not accept the customer's deviating conditions. This also applies if we do not explicitly object to their inclusion.
§ 2 Registration in our Online Shop
(1) You can only order goods or services in our online shop as a registered user. As a registered user, you do not need to provide your personal data each time; you can simply log in to your customer account with the e-mail address and password you chose during registration. Registration does not impose any purchase obligation regarding the goods and services we offer.
(2) You can delete your registration at any time under "My Account." You are responsible for updating your personal information if it changes. All changes can be made online after logging in under "My Account."
(3) For information on how your data is processed, please read our privacy policy, which can be accessed via the following link: [Privacy Policy].
(4) By registering, you choose a personal username and password. You are obligated to keep the password secret and not to share it with third parties, i.e., persons outside your company or persons within your company who are not authorized to represent the company.
§ 1 Scope of Application, Definitions
(1) These terms and conditions apply to the contracts concluded between us, Jäger Fischer GmbH & Co. KG (hereinafter referred to as "Provider"), and the customer (hereinafter referred to as "Customer") via this online shop, by e-mail, fax, telephone, in writing, or in person, unless expressly agreed otherwise in writing between you and us. Deviating or conflicting conditions will not be recognized by us unless we have expressly agreed to them.
(2) Our online shop is exclusively directed at entrepreneurs within the meaning of § 14 BGB (German Civil Code). We may therefore require you to provide sufficient proof of your entrepreneurial status before the conclusion of the contract, e.g., by providing your VAT ID number or other suitable proof. The required data for proof must be provided by you fully and truthfully. We do not serve end consumers.
(3) The version of the GTC valid at the time of the conclusion of the contract is applicable.
(4) All agreements made between you and us in connection with the purchase contract are particularly derived from these terms and conditions, our written order confirmation, our acceptance declaration, and our shipping and payment conditions.
(5) We do not accept the customer's deviating conditions. This also applies if we do not explicitly object to their inclusion.
§ 2 Registration in our Online Shop
(1) You can only order goods or services in our online shop as a registered user. As a registered user, you do not need to provide your personal data each time; you can simply log in to your customer account with the e-mail address and password you chose during registration. Registration does not impose any purchase obligation regarding the goods and services we offer.
(2) You can delete your registration at any time under "My Account." You are responsible for updating your personal information if it changes. All changes can be made online after logging in under "My Account."
(3) For information on how your data is processed, please read our privacy policy, which can be accessed via the following link: [Privacy Policy].
(4) By registering, you choose a personal username and password. You are obligated to keep the password secret and not to share it with third parties, i.e., persons outside your company or persons within your company who are not authorized to represent the company.
§ 3 Conclusion of Contract
(1) The presentation of goods and services in our online shop is not a legally binding offer, but an invitation to place an order (invitatio ad offerendum)
(2) During the ordering process, you first add the desired goods or services to the shopping cart. You can change the quantity or remove selected items at any time. After you have placed items in the cart, you will proceed to the "Complete Order" page, where you can confirm or modify your registration data and choose the shipping and payment method.
(3) Finally, an order summary page will open, where you can review your details and the cost summary. If you wish to cancel the order process completely, you can simply close your browser window.
(4) By clicking the "Order with obligation to pay" button in the final step of the order process, you submit a binding offer to purchase or book the goods and/or services shown on the order summary page. This constitutes a binding offer to purchase the goods and services in the cart. From this point on, changes to the order or data are no longer possible. Immediately after submitting the order, you will receive an order confirmation, but this does not yet constitute acceptance of your contractual offer. A contract between you and us comes into effect when we accept your order and/or booking via a separate email or when we dispatch the goods.
(5) The processing of the order and the transmission of all information required for the conclusion of the contract will be done by e-mail, partially automated. Therefore, you must ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and that it is not blocked by spam filters.
(6) The sale of the offered goods is only in household quantities.
(7) If the delivery of the goods you ordered is not possible, for example because the item is out of stock, we will refrain from accepting the offer. In this case, no contract will be concluded. We will inform you immediately and refund any payments received without delay.
(8) An order is only possible if the customer clicks on the button "I have read the terms and conditions and agree to them" and thus accepts these terms and conditions as part of their request.
(9) The contract text will be stored while ensuring data protection.
§ 4 Software
(1) Unless individually agreed otherwise, the customer is granted a simple right to use the purchased software for their own purposes. The customer is authorized to pass on the software to end customers. The customer is not authorized to use the software for other purposes or to make it available to third parties for data processing, including on their own computers.
(2) The customer is not authorized to grant sublicenses.
(3) The customer is not authorized to copy, distribute, modify, or make the software publicly accessible. As an exception to the copying ban, the customer is allowed to create a backup copy.
(4) The granted usage rights are assigned to the end user via an activation code.
(5) If the data carrier provided to the customer contains software that is technically not covered by the granted software license, this software may only be used based on a separate license that the customer must obtain. The software may have technical means to prevent the use of non-licensed software.
(6) The customer must retain our copyright notices and all other intellectual property rights on all complete and partial copies of the software as they appear in the original version of the software.
(7) We deliver the software through the handover of the program data carrier or by download. If the customer requests installation by us, this is an additional service that can be ordered separately as a service. The same applies to program training. Such services will be provided by us upon separate order and separate remuneration according to the applicable hourly rates in our current price lists plus travel expenses and costs.
(8) If the subject of our service is the delivery of third-party software, the customer is obligated to inform themselves about and comply with the manufacturer's license terms.
(9) The customer is responsible for ensuring and obtaining sufficient licenses/usage rights.
§ 5 Products for the Control and Monitoring of Building Technology
(1) If the customer orders an OPUS greenNet ViToo, it must be activated for use by the respective end customer via a software license key. For this purpose, we forward the end customer's data from the order to a license service provider, who will send the software license key corresponding to the functions ordered for the software to the customer. This can be done at our discretion either electronically or on a data carrier. Product training and certification pathways are available to customers.
(2) To support sales and for internal use, the customer may be provided with demonstration and NFR versions (not for resale). We offer support for the use of the products to our customers and, upon request, to end customers, via our service and hotline team on business days from 9:00 AM to 4:00 PM. After market release, updates can be purchased from us according to the current price list.
§ 6 Delivery Terms and Prepayment Reservation
(1) We deliver the goods according to the agreements made with you. Shipping costs incurred are listed in the shopping cart and will be separately indicated on the invoice. Deliveries are made to the shipping address provided by the customer.
(2) The risk of loss of the goods passes to the customer upon delivery to the carrier, freight forwarder, or any other person designated to carry out the shipping, even if we have assumed the transport costs or the shipment is carried out with our own vehicle.
(3) We are entitled to make partial deliveries as long as this is reasonable for you.
(4) Deadlines are only binding if we have explicitly confirmed them in writing. The deadline is met if the goods leave our delivery warehouse or we have communicated our readiness to perform before the expiration date.
(5) For orders from customers with a residence or business address abroad or in case of indications of a payment default risk, we reserve the right to deliver only after receiving the purchase price plus shipping costs (prepayment reservation). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and shipping costs.
(6) Delivery times indicated by us are calculated from the time of our order confirmation, provided prepayment of the purchase price is made.
(7) The delivery period is extended – even during a delay – reasonably in the event of force majeure and any unforeseen obstacles occurring after the conclusion of the contract that are beyond the seller's control (especially operational disruptions, strikes, lockouts, or disruptions to transport routes), as long as such obstacles have a significant impact on the delivery of the sold goods. This also applies if these circumstances occur with the seller's suppliers and their subcontractors. The seller will notify the customer as soon as possible of the beginning and end of such obstacles.
(8) If the product ordered by the customer is temporarily unavailable, the supplier will inform the customer immediately.
(9) Smallest packaging units held in stock and listed in the catalog cannot be opened for rationalization reasons. If different quantities are ordered, the next higher packaging unit will be delivered.
(10) Further details can be found in the offer.
§ 7 Retention of Title
(1) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or transferring ownership by way of security is not permitted.
(2) The customer is authorized to resell the goods subject to retention of title in the ordinary course of business. However, the customer may not pledge or assign the goods as security.
(3) We accept this assignment. Regardless of our authority to collect the claim ourselves, you remain authorized to collect the claim after the assignment. In this context, we commit to not collecting the claim ourselves as long as you fulfill your payment obligations, no application for the opening of insolvency or similar proceedings has been filed, and no payment default occurs. If the above-mentioned securities exceed the claims to be secured by more than 20%, we are obliged to release the securities at your request, selecting the securities to be released.
(4) In this case, you already assign to us all claims arising from the resale in the amount of the invoice amount. We accept the assignment. The customer remains authorized to collect the claim. However, if the customer fails to fulfill their payment obligations properly, we reserve the right to collect the claim ourselves.
§ 8 Prices and Shipping Costs
(1) All prices displayed on the provider's website are net prices, plus the applicable value-added tax. If the net price is based on a Cu-Del quotation (partly cables and wires), the copper surcharge will be calculated based on the current metal daily quotation + 1% handling costs. This is not included in the prices and will be separately shown in the shopping cart and on the invoice. The prices valid at the time of the order apply.
(2) The corresponding shipping costs/handling fees will be indicated to the customer in the order form and are to be borne by the customer. Standard deliveries within Germany are free of charge for orders with a total amount of 99.00 euros or more.
(3) The prices are understood unpackaged. Delivery and transport costs are calculated separately. If packaging is required, it will be charged to the customer at cost price and will not be taken back. Unless otherwise agreed, packaging, freight, and VAT are not included in our prices.
(4) Prices are exclusive of the respective statutory value-added tax. Payments may only be made to us or to persons expressly authorized by us in writing. Payments are due immediately upon delivery of the goods, regardless of invoicing or receipt of the invoice. If the customer pays within 10 days after delivery of the goods or due date, they are entitled to deduct 2% discount from the invoice amount. Alternatively, the customer can issue a SEPA corporate direct debit mandate. The direct debit will be collected 10 days after the invoice date with a 2% discount. The pre-notification period is shortened to 1 day. The buyer ensures sufficient funds in the account. Costs arising from non-payment or return of the direct debit are at the customer's expense, unless caused by us.
(5) We are entitled to request advance payments at any time before dispatching the goods.
(6) Payments are considered made at the location where we can dispose of the amount. Checks and bills of exchange are accepted as payment only and are considered payment once they are cashed. Discount fees and costs are borne by the customer. Payments must be made in the agreed currency. For new customers, the first delivery is against advance payment or cash payment.
(7) If we fulfill your order according to § 3 paragraph 2 through partial deliveries, shipping costs will only be incurred for the first partial delivery. If partial deliveries are made at your request, shipping costs will be charged for each partial delivery.
(8) For items that fall under the Electrical and Electronic Act (ElektroG), a disposal surcharge is applied. This is not included in the displayed prices and will be separately shown in the shopping cart for online purchases.
(9) Further details can be found in the offer and the purchase catalog.
§ 9 Payment Terms, Set-Off, and Right of Retention
Electronic Invoices: You agree that invoices may also be sent electronically. Invoices will be sent online or via email, but they may also be included in a package depending on the customer’s preferences.
Payment Due: The payment of the purchase price is due immediately upon conclusion of the contract. If the due date is based on a calendar, the customer will be in default if they miss the deadline. In this case, the customer must pay interest on arrears of 5 percentage points above the base interest rate.
Payment Confirmation: A payment is considered made only once we have access to the funds.
Late Payment Consequences: The customer’s obligation to pay late interest does not exclude the provider from claiming further damages for delay. If payment is delayed, any granted discounts, rebates, or other benefits will become void.
VAT Deduction: The online invoice entitles the customer to a VAT deduction in accordance with § 14 Abs. 1 UStG.
Set-Off: You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You may offset against our claims if you assert claims arising from the same purchase contract.
Right of Retention: As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 10 Warranty for Goods Purchases
Warranty:
a) For new items, the warranty is 12 months. For used items, the warranty is excluded. The warranty period starts when the risk passes to the customer.
b) The delivered goods must be inspected immediately for defects. Any obvious defects must be reported to us in writing within two weeks of receipt, and in any case before resale, processing, consumption, or installation. Otherwise, warranty claims will be excluded. Timely dispatch of the defect notification is sufficient to meet the deadline. The customer must specify the nature of the defect as precisely as possible. The provider bears the full burden of proof for all claims, particularly for the defect itself, the time of discovery, and the timely notification. Hidden defects must be reported in writing as soon as they are discovered, but no later than one year after delivery. If the customer fails to comply with these obligations, the goods are considered approved. If the deadlines are exceeded, all claims and rights arising from the warranty for defects that should have been identified and reported are extinguished.
c) Defect notifications will only be recognized by us if submitted in writing. Complaints made to field staff, transporters, or other third parties are not considered proper and timely notifications.
d) If a replacement delivery occurs due to a justified defect claim, the delivery time provisions apply accordingly. If the defect is to be remedied by repair, an appropriate period of at least three weeks must be allowed.
e) In the event of a defect that has been reported and confirmed, the customer is entitled to the following rights:
f) The customer has the right to request rectification of the defect, either by repair or replacement, at the provider’s discretion.
g) We will decide whether the goods are replaced or repaired, and we also have the right to attempt rectification again if the first attempt fails, within a reasonable time. Only after repeated failure to rectify the defect can the customer withdraw from the contract or demand a reduction in the purchase price.
Costs of Rectification: Costs incurred due to the goods being moved to a location other than the customer's commercial premises after delivery are not covered.
Liability for Damages: The customer may only claim damages or reimbursement for wasted expenses in cases of gross negligence or willful misconduct by us. The customer must prove the extent and amount of the damages.
Burden of Proof: The customer bears the burden of proof for the existence of a defect.
Warranty Exclusions: The warranty does not cover damages arising from incorrect or careless handling, excessive use, inappropriate operating materials, or chemical, electrochemical, electrical, or atmospheric influences.
Warranty Exclusions for Unauthorized Modifications: The warranty is void if the customer has installed unauthorized additional devices or had unapproved persons perform work on the goods, or if the customer has modified or expanded the items or tampered with identifying marks (e.g., barcode or manufacturer’s seal), unless the customer proves that such modifications or expansions are not the cause of the defect. If a defect reported by the customer cannot be found after inspection, the customer bears the cost of the investigation, if they are a merchant.
Patent Infringement: If claims are made against the customer for infringement of German intellectual property rights regarding goods delivered or licensed under these terms, we will reimburse the customer for all legally imposed costs and damages, provided the customer informs us immediately and in writing, provides necessary information, and cooperates. We will decide whether to defend the claim or settle it. If a further use of the contractual items is found to infringe on German intellectual property rights or if there is a risk of such infringement, we can, at our expense and choice, either procure the right for the customer to continue using the items, replace them, or modify them to avoid the infringement, or refund the customer’s payment minus a usage fee.
Liability for Defects: We are only liable for damages resulting from defective goods if it is due to at least gross negligence by us, our legal representatives, or agents. This limitation does not apply in cases of damage to life, body, or health, or claims under the Product Liability Act.
Limitation Period: The limitation period for warranty claims in the case of delivery regress according to §§ 478, 479 BGB remains unaffected; it is 5 years from the delivery of the defective goods.
Guarantee: If we provide a guarantee for a specific characteristic of the goods for a set period, the above provisions regarding inspection and notification obligations and the number of attempts at rectification do not apply.
Assembly Instructions: If the customer receives defective assembly instructions, we are only obligated to provide correct assembly instructions, and only if the defect prevents proper assembly.
§ 11 Liability
General Liability: In addition to the provisions on warranty and other specific regulations, the following applies if we breach a duty:
Liability for Employees and Agents: We are liable for our employees, agents, and auxiliaries for damages, including in cases of slight negligence, with no limit on damages for personal injury or harm to life or health.
Liability Limitations:
a) Claims for defects due to minor defects are excluded. A minor defect is one where the value or usability for ordinary use is only slightly diminished.
b) The customer can only claim damages for gross negligence or willful misconduct. Damages for non-performance (non-fulfillment) are limited to the negative interest. Damages for non-performance of a contractual obligation are limited to the purchase price or annual usage fee.
c) Claims for damages instead of performance due to impossibility are excluded.
d) Liability for fraud and under the Product Liability Act remains unaffected.
Withdrawal Exclusion: If the customer is solely or predominantly responsible for the circumstances that would entitle them to withdraw from the contract, or if the withdrawal-entitling event occurs during the partner’s default, the customer’s right to withdraw is excluded.
Contributory Negligence: The customer must account for contributory negligence, such as insufficient cooperation (e.g., poor error reporting, organizational errors, or inadequate data backup). We are only liable for data recovery if the customer has made usual and reasonable precautions for data backup. The customer must ensure that data and programs in machine-readable form can be reconstructed with reasonable effort.
Data Backup: The customer is responsible for notifying us if they want us to perform data backup, and they will bear the cost for this service.
§ 12 Copyrights
We hold the copyright to all images, films, and texts published in our online store. The use of these materials is not permitted without our explicit consent.
§ 13 Delay, Impossibility, Withdrawal
(1) If we are delayed in the transfer of an item and are guilty of gross negligence or intent regarding the delay, we will compensate the customer for any damage arising from it. In the case of simple negligence, the customer's claims are excluded.
(2) In the event of non-delivery by the supplier, both parties have the right to withdraw from the contract.
(3) We are entitled to withdraw from the contract for the following reasons:
a) If it becomes clear, contrary to the assumption at the time of contract conclusion, that the customer is not creditworthy. Credit unworthiness may be assumed in cases such as a bill of exchange or check protest, suspension of payments by the customer, or an unsuccessful attempt at forced collection. It is not necessary that this involves a relationship between us and the customer. b) If it turns out that the customer has made incorrect statements regarding their creditworthiness, which were of significant importance to the contract conclusion. c) If the goods, which are subject to our retention of title, are sold differently than in the usual course of the customer's business, especially by way of a transfer of security or pledge. Exceptions only apply if we have given written consent to the sale. d) We can also withdraw from the contract if, after the contract has been concluded, substantial circumstances arise that are beyond our control and make performance impossible or unreasonably difficult (e.g., non-delivery by the supplier, or delivery under significantly more difficult conditions). e) We are finally entitled to withdraw from the contract if the customer significantly breaches their contractual obligations, especially if they have violated the duty of care regarding handling goods delivered under retention of title.
(4) In the event of delay, the customer can set us an appropriate period for performance. After this period expires, the customer can withdraw from the contract either wholly or partially and demand compensation instead of performance. Instead of compensation for non-performance, compensation for expenses may be requested according to § 284 BGB. In this case, the liability limitations in this contract regarding liability apply. The customer is obliged, upon our request, to declare whether they withdraw from the contract due to the delay in performance or insist on performance. This inquiry must be made during the period set by the customer and with an appropriate period before the expiry of the deadline. If we have not received a declaration from the customer by the expiration of the deadline, stating that the customer rejects performance after the deadline, we remain entitled to perform.
(5) If the customer is in default of payment, all claims arising from the business relationship are immediately due for payment.
§ 14 Information Requirements under §18 BattG
(1) The "crossed-out bin" symbol indicates that the customer is legally obligated to dispose of the marked products separately from unsorted household waste. Disposal via household waste (e.g., the residual waste bin or the yellow bin) is prohibited. The customer should avoid improper disposal by using designated collection and return points. Addresses of free return points can be obtained from the city or municipal administration.
(2) The customer is obliged, where possible, to avoid the generation of waste from used batteries. When selecting batteries, attention should be paid to rechargeable accumulators or batteries with a longer lifespan. The customer is encouraged to prevent littering of public spaces by disposing of batteries correctly, rather than leaving them carelessly.
(3) It is recommended, where possible, to reuse the battery instead of disposing of it, such as by reconditioning or repairing the battery.
(4) Batteries may contain chemical hazards that can harm the environment and the health of people and animals. Special caution is required when handling lithium-containing batteries, as they can easily ignite and cause fires if improperly handled.
(5) Batteries and accumulators contained in electrical appliances, which can be removed without damage, must be disposed of separately from the appliance.
§ 15 Applicable Law and Jurisdiction
(1) German law shall apply exclusively to the contract, excluding the UN Sales Convention.
(2) If the customer is a full merchant, a legal entity under public law, or a public-law special fund, the exclusive jurisdiction is the seller's place of business, Darmstadt. Otherwise, the applicable statutory provisions apply for local and international jurisdiction.
Here's the English translation of the provided sections:
§ 13 Delay, Impossibility, Withdrawal
(1) If we are delayed in the transfer of an item and are guilty of gross negligence or intent regarding the delay, we will compensate the customer for any damage arising from it. In the case of simple negligence, the customer's claims are excluded.
(2) In the event of non-delivery by the supplier, both parties have the right to withdraw from the contract.
(3) We are entitled to withdraw from the contract for the following reasons:
a) If it becomes clear, contrary to the assumption at the time of contract conclusion, that the customer is not creditworthy. Credit unworthiness may be assumed in cases such as a bill of exchange or check protest, suspension of payments by the customer, or an unsuccessful attempt at forced collection. It is not necessary that this involves a relationship between us and the customer. b) If it turns out that the customer has made incorrect statements regarding their creditworthiness, which were of significant importance to the contract conclusion. c) If the goods, which are subject to our retention of title, are sold differently than in the usual course of the customer's business, especially by way of a transfer of security or pledge. Exceptions only apply if we have given written consent to the sale. d) We can also withdraw from the contract if, after the contract has been concluded, substantial circumstances arise that are beyond our control and make performance impossible or unreasonably difficult (e.g., non-delivery by the supplier, or delivery under significantly more difficult conditions). e) We are finally entitled to withdraw from the contract if the customer significantly breaches their contractual obligations, especially if they have violated the duty of care regarding handling goods delivered under retention of title.
(4) In the event of delay, the customer can set us an appropriate period for performance. After this period expires, the customer can withdraw from the contract either wholly or partially and demand compensation instead of performance. Instead of compensation for non-performance, compensation for expenses may be requested according to § 284 BGB. In this case, the liability limitations in this contract regarding liability apply. The customer is obliged, upon our request, to declare whether they withdraw from the contract due to the delay in performance or insist on performance. This inquiry must be made during the period set by the customer and with an appropriate period before the expiry of the deadline. If we have not received a declaration from the customer by the expiration of the deadline, stating that the customer rejects performance after the deadline, we remain entitled to perform.
(5) If the customer is in default of payment, all claims arising from the business relationship are immediately due for payment.
§ 14 Information Requirements under §18 BattG
(1) The "crossed-out bin" symbol indicates that the customer is legally obligated to dispose of the marked products separately from unsorted household waste. Disposal via household waste (e.g., the residual waste bin or the yellow bin) is prohibited. The customer should avoid improper disposal by using designated collection and return points. Addresses of free return points can be obtained from the city or municipal administration.
(2) The customer is obliged, where possible, to avoid the generation of waste from used batteries. When selecting batteries, attention should be paid to rechargeable accumulators or batteries with a longer lifespan. The customer is encouraged to prevent littering of public spaces by disposing of batteries correctly, rather than leaving them carelessly.
(3) It is recommended, where possible, to reuse the battery instead of disposing of it, such as by reconditioning or repairing the battery.
(4) Batteries may contain chemical hazards that can harm the environment and the health of people and animals. Special caution is required when handling lithium-containing batteries, as they can easily ignite and cause fires if improperly handled.
(5) Batteries and accumulators contained in electrical appliances, which can be removed without damage, must be disposed of separately from the appliance.
§ 15 Applicable Law and Jurisdiction
(1) German law shall apply exclusively to the contract, excluding the UN Sales Convention.
(2) If the customer is a full merchant, a legal entity under public law, or a public-law special fund, the exclusive jurisdiction is the seller's place of business, Darmstadt. Otherwise, the applicable statutory provisions apply for local and international jurisdiction.
§ 16 Final Provisions
(1) The language of the contract is German.
(2) The contract remains binding even if individual provisions are legally invalid. In place of invalid provisions, the statutory regulations apply, provided this does not result in unreasonable hardship for one of the parties, in which case the contract becomes void.
(3) Changes or additions to these terms and conditions must be in writing. The waiver of this requirement for written form must also be in writing.
As of: 06.03.2024