General Terms and Conditions (T&C)
ELMEKO GmbH + Co. KG
Tel. +49 27 36 / 50 97 48 - 0
Fax +49 27 36 / 50 97 48 - 30
Commercial register: HRA 21180
District Court: Amtsgericht Montabaur
Managing Director: Burkhard Herr
Account no. 1010826
Sorting code (BLZ) 460 512 40
IBAN: DE23 4605 1240 0001 0108 26
VAT ID No. DE814139072
Tax ID no. 02 204 0843 1
Tax office: Finanzamt Altenkirchen-Hachenburg
GENERAL TERMS AND CONDITIONS (T&C) of the ELMEKO ONLINE SHOP
(1) We sell you the individually specified items under the conditions of sale printed overleaf.
(2) All agreements concluded between us and the customer for the purposes of fulfilling this contract are recorded in written form in this contract.
(3) Our conditions of sale are exclusive; we do not accept any customer terms and conditions that contradict or deviate from our conditions of sale unless we have explicitly agreed to them in writing. Our conditions of sale are also applicable when we are aware of customer conditions that contradict or deviate from our conditions of sale but nevertheless carry out the delivery to the customer without reservations.
§2 Order obligation, right of revocation, right of return
(1) The order placed by the customer is a binding obligation unless revoked within the permissible period in accordance with the terms of Items 4 – 6 below.
We are entitled to accept order placement within two weeks by sending an order confirmation or despatching the goods ordered to the customer within this period.
(2) Orders for items from this catalogue will only be accepted if placed via the internet. The customer shall bear the risk in the event of any unexplained error in transmission. Any order transmitted by the customer is not legally valid until confirmed by us. Order confirmation may be by fax, e-mail or regular mail.
(3) it is necessary for us to collect and store certain personal data to process and execute an order. We guarantee that the data collected will be treated in the strictest confidence. In particular, we undertake not to disclose the data to any third party not involved in processing or executing the order.
(4) Cancellation policy:
Right of Revocation
You are entitled to withdraw from this contract within fourteen days without giving any reason.
Your right of revocation is valid for fourteen days counting from the day on which you or a third party who was nominated by you, but is not the forwarder, takes delivery of goods.
In order to exercise your right of revocation, you are required to send us, ELMEKO GmbH + Co. KG, Graf-Zeppelin-Str. 5, 56479 Liebenscheid, Tel. +49 27 36 / 50 97 48-0, Fax +49 27 36 / 50 97 48-30, e-mail info(at)elmeko.de ), clear notification (e.g. by letter, telefax or e-mail) of your decision to withdraw from this contract. If you wish, you may use the attached revocation form template, but use of it is not mandatory.
You are deemed to have complied with the deadline if you despatch your notification that you wish to exercise your right of revocation before the deadline expires.
Consequences of revocation
If you withdraw from the contract, we must refund all payments we have received from you, including delivery charges (except for any additional costs resulting from your choosing a different means of delivery than we offer as standard at a correspondingly lower price) without delay and within a maximum of fourteen days, counting from the day on which your notification of withdrawal from the contract was delivered to us. This refund will be via the same means of payment as you used for the original transaction unless a different arrangement has been explicitly agreed between us; on no account will you incur any additional costs as a result of this refund. We are entitled to withhold payment of the refund until we have received either the returned goods or documentary proof that you have despatched them, whichever is the earlier.
You must send or hand over the goods to us without delay and within fourteen days at the latest, counting from the day on which you notified us of your revocation of this contract. You are deemed to have complied with the deadline if you despatch the goods before expiry of the deadline. You must bear the direct costs for the return of the goods. You will only be liable to pay for any depreciation in the value of the goods if the loss of value is the result of unnecessary treatment of the goods for any other purpose than to check their quality, characteristics and functions.
End of the cancellation policy statement
Revocation form template
(If you wish to withdraw from the contract, please complete this form and return it to us)
ELMEKO GmbH + Co. KG
Fax: +49 27 36 / 50 97 48-30
- I/We (*) hereby withdraw from the contract signed by me/us (*) regarding the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/Received on (*)
- Consumer name
- Consumer address
- Consumer’s signature (only for notifications printed on paper)
(*) Delete where not applicable.
(5) The customer shall be liable to replace any loss of value caused by any deterioration of the goods due to their use for their intended purpose. The customer is permitted to check the goods with all due care and attention. The customer shall be liable for loss of value caused by use over and above that which is necessary to check the goods and which results in their no longer being suitable for sale as “new”.
§3 Payment terms
(1) All prices in the currently valid price lists are net without VAT. Statutory VAT will be shown separately on the appropriate invoices and other relevant documents. Prices are valid ex-works ELMEKO GmbH + Co. KG Graf-Zeppelin-Str. 5 56479 Liebenscheid (registered place of business); freight, packaging and packing costs are charged separately.
(2) Packing, packaging and freight costs are invoiced separately for online orders and calculated according to product volume / product weight. A bulky goods surcharge will be levied for particularly bulky goods. Goods will only be dispatched by roof box within Germany if payment is made in advance.
(3) The customer is offered a choice of payment methods during the ONLINE Shop order process.
(4) In business transactions with non-traders, the prices valid on the day the contract was concluded are applicable if the period between conclusion of the contract and the agreed delivery date is less than four months. If the interval between conclusion of the contract and the agreed delivery date is longer than four months, we are entitled to pass on any price increases, especially increased material or wage costs. The higher price valid on the day of delivery shall then apply. In this case, the customer is entitled to withdraw from the contract.
In business transactions with registered traders, we are entitled to pass on any price increases, especially increased material or wage costs, until the day of delivery. We are not entitled to raise our price if delivery is delayed for reasons within our area of responsibility.
(5) The customer is only entitled to offset claims against us if they have been established in a court of law, are uncontested or have been accepted by us. Moreover, the customer may only exercise his right of retention if his counter-claim arises from the same contractual relationship.
(1) Compliance with our delivery obligations is dependent on the punctual and correct performance by the customer of his own obligations. The right to object on the grounds of non-fulfilment of the contract is reserved.
(2) If the customer is in default of acceptance or of any other duty of cooperation, we shall be entitled to demand compensation for any damages thus caused, including any additional expenses. We reserve the right to lodge further claims.
(3) In the event of default of acceptance, the risk of accidental loss or accidental deterioration of the purchased item(s) is transferred to the customer as soon as he is in default of acceptance or payment.
(4) We will not accept any returned transport packaging or any other packaging required by the German Packaging Ordinance (Verpackungsordnung). The customer is obliged to arrange for disposal of packaging at his own expense.
(5) If requested by the customer, we will arrange transport insurance cover for the delivery; all costs for such insurance shall be met by the customer.
(6) We accept no liability for compliance with a delivery date unless we have previously confirmed it in writing. In the latter case, our duty of replacement is restricted to taking back – free of charge – the goods that were delivered late.
(7) While we make every effort to minimise delivery times, we are entitled to exceed agreed delivery deadlines and give notice of a new delivery date. In the event of circumstances beyond our control, in particular force majeure, we are at liberty to postpone delivery for the duration of the disruption or to cancel the agreement partly or completely. We are not required to substantiate a causal connection. It shall also be considered as circumstances beyond our control when, without culpability on our side, delivery by us, our suppliers or our warehouse keepers is permanently or temporarily aggravated, prevented or only possible by incurring loss. Entitlement to compensation for late delivery or non-delivery is excluded unless the customer can prove that late delivery or non-delivery was a result of gross negligence.
(8) Goods must be checked for damage and completeness immediately after receipt. Any visible external damage must be confirmed by the carrier. For goods forwarded by rail, post, UPS or DPD, the respective carrier’s confirmation of claim settlement is required.
§5 Warranty for defects
(1) If the purchased item is defective, the customer is obliged to complete all sections of the guarantee / warranty form attached to our General Terms and Conditions.
The customer must clarify details of guarantee / warranty claim processing with us in advance; in particular, the customer is not entitled to return the goods to us at our expense without prior consultation.
(2) If the customer is a trader, we will first remedy the defect by rectification (supplementary performance) or replacement of the defective item(s) at our discretion.
(3) If the customer is a consumer, he or she first has the option of choosing rectification or replacement of the defective item(s) as a remedy. However, we are entitled to refuse the chosen remedy if it involves unreasonable expense and the alternative form of remedy does not entail an unreasonable disadvantage for the customer.
(4) If the remedy is unsuccessful, the customer is generally entitled to demand either reduction of the purchase price (reduction) or withdrawal from the contract (cancellation). However, the customer is not entitled to demand cancellation in the event of a minor breach of contract, particularly if the defects are only minor.
(5) Traders must notify us in writing of obvious defects within two weeks of receipt of the goods; if they fail to do so, assertion of any warranty claim is excluded. Transmission of the defect notification before expiry of the deadline is deemed sufficient for compliance with the deadline requirements. The full onus of proof for all aspects of the claim is on the entrepreneur, particularly for the defect itself, the time it was ascertained and for compliance with the deadline for notification.
Consumers must give us written notification of obvious defects within two months of ascertaining that the goods are defective. Your attention is drawn to the guarantee / warranty form attached to our General Terms and Conditions. The time of our receipt of customer notification is decisive for compliance with the deadline. If the consumer fails to notify us, all warranty claim entitlements expire two months after discovery of the defect. This does not apply in the case of fraudulent intent on our part. The onus of proof for the time the defect was ascertained is on the consumer. If the consumer was induced to purchase the goods on the basis of inaccurate claims by the manufacturer, the onus of proof of the grounds for his decision to purchase is on the consumer.
(6) If, after an unsuccessful attempt to rectify a legal or material defect, the customer chooses to cancel the contract, he shall not be entitled to any other compensation for the defect.
If, after an unsuccessful remedy, the customer chooses to claim compensation, the goods shall remain in the customer’s possession when reasonable. Compensation is limited to the difference between the purchase price and the value of the defective goods. This does not apply if we have caused the breach of contract with fraudulent intent.
(7) The warranty period for goods purchased by traders is one year from delivery of the goods. In the case of consumers, the warranty expires two years after delivery of the goods. This does not apply if the customer has not notified us of the defect within the required period (Item 5 of this provision above).
(8) If the customer is a trader, the manufacturer’s description of the product is generally deemed to be the sole agreed definition of the quality of the goods. Public statements, endorsements or advertising by the manufacturer do not constitute a supplementary, contractually agreed definition of the quality of the goods.
(9) If the customer receives an inadequate set of installation instructions, we are only obliged to supply a faultless set of instructions, and then only if the fault in the instructions prevents proper installation.
(10) The customer does not receive any guarantees in the legal sense from us. This does not affect manufacturer guarantees.
(11) The mandatory provisions of the German Product Liability Act are not affected.
(12) The customer shall be responsible for the cost of damage resulting from improper use or natural wear and tear.
§6 Limitations of liability
(1) In the case of slightly negligent breaches of duty, our liability shall be limited to the average levels of foreseeable, typical and direct damage to be expected with the respective type of article. This shall also apply in the case of slightly negligent breaches of duty by our employees, colleagues, representatives and vicarious agents.
In the case of traders, we are not liable for slightly negligent breaches of insignificant contractual duties.
(2) The above limitations of liability do not affect customer entitlements arising from product liability. In addition, the limitations of liability do not apply in the case of damage to the customer’s life or limb, or loss of the customer’s life, attributable to us.
(3) The customer’s entitlement to claim compensation for a defect expires after a statutory period of one year after delivery of the goods. This does not apply if we are culpable of gross negligence, and in the case of attributable damage to the customer’s life or limb, or loss of the customer’s life.
§7 Reservation of title
(1) Purchased goods remain our property (reserved goods) until all payments resulting from the delivery contract have been made. In business transactions with registered traders, purchased goods remain our property (reserved goods) until all payments resulting from business relations with the customer have been received.
If reserved goods are taken back or seized, this shall always constitute a cancellation of the contract.
(2) In the event of seizure of the goods or other third-party intervention, the customer must notify us immediately in writing to enable us to file a lawsuit under § 771 German Code of Civil Procedure ZPO. If the third party is unable to reimburse us for the judicial and extra-judicial costs of a lawsuit under § 771 ZPO, the customer shall be liable for the loss incurred.
(3) The customer is entitled to resell the purchased goods in the course of his regular lawful business; however, he herewith assigns to us all claims against his customers or third parties arising from the resale; the assignment shall be in the amount of the final invoice amount (including VAT), irrespective of whether the goods have been resold before or after processing. Even after assignment, the customer is still entitled to collect these receivables. This does not affect our authority to collect the receivables ourselves. However, we undertake not to collect the receivables ourselves provided that the customer fulfils his financial obligations using the income received, does not fall behind with debt payments and, in particular, does not file a petition for bankruptcy, composition or insolvency, or suspend payments. Should this be the case, however, we are entitled to ask the customer to give us details of the assigned receivables and their respective debtors; the details required to collect the receivables; the relevant documents; and to inform the debtors (third parties) of the assignment.
(4) If the purchased goods are processed or irrevocably combined with other goods that are not our property, we shall acquire co-ownership of the new goods in the same proportion as the ratio of the value of the purchased goods (incl. VAT) to the value of the other processed/combined goods at the time of processing/combination.
§8 Final provisions
(1) This contract is governed exclusively by the law of the Federal republic of Germany.
(2) If the customer is a trader or a legal entity under public law, the courts at our registered office shall be the courts of jurisdiction; however, we are also entitled to file a lawsuit against the customer at his place of residence.
(3) Should the customer transfer his place of residence or usual place of abode outside the jurisdiction of the Federal Republic of Germany after conclusion of the contract, our registered office shall be the legal venue. This shall also apply when the customer’s residence or usual place of abode are unknown when legal proceedings are opened.
(4) ELMEKO GmbH + Co. KG Graf-Zeppelin-Str. 5 56479 Liebenscheid owns the copyright to the entire design of the website, all texts and all graphics. ALL RIGHTS RESERVED. Copying or reproducing all or part of this website, including print-outs on paper, is only permitted for the purpose of placing an order with ELMEKO GmbH + Co. KG, or for the purpose of using this website as a purchasing resource.
(5) The name ELMEKO, all page headers, navigation bars, graphics and buttons are the property of ELMEKO GmbH + Co. KG. All other trademarks, product names or company names and/or logos cited on this website are the exclusive property of the respective owners.
(6) We reserve property and intellectual property rights to all illustrations, drawings, calculations and other documents. The customer must first obtain our explicit written consent before sharing them with third parties.
(7) If any provisions should be or become invalid, this does not affect the legal validity of the other provisions of these general Terms and Conditions.