1. Scope
Our online shop is exclusively for business users.
In addition to verifying your status as a business entity within the scope of the ordering process, we are entitled to request evidence of your status as a business entity by provision of suitable, current documents such as a trade register excerpt or business registration documentation.
The present GTCs shall also apply to future business relations, without any further need of reference thereto. Where the trader employs conflicting or supplementary General Terms and Conditions, we hereby object to their validity; such GTCs will only become a contractual component if we expressly agree to them.
2. Contractual partner, formation of contract
The purchase contract is concluded with ATMdesk Diagnostics GmbH.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language available for concluding the contract is English.
We save the text of the contract and forward the order data and our T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.
4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
We only dispatch goods en route; pick up by the customer is not possible. We do not deliver to packing stations.
Where the product that you have ordered from us is unavailable because we have not received the supplies ordered from our reliable supplier, without fault on our part and in spite of placing appropriate orders, we will inform you of this immediately in the confirmation of order. We will thereby be released from our obligation to perform and can withdraw from the contract. If you have already made payments, we will refund these without delay.
5. Payment
In our online shop, the following payment methods are available: PayPal, Credit Card, Bank Transfer.
The statutory value added tax is not included in our prices and will be shown separately in the invoice as applicable on the date of invoicing.
The invoice amount is due for payment upon conclusion of the contract. You hereby agree that all invoices will be provided by email. Such consent can be revoked at any time.
In the case of late payment, we reserve the right to invoice you statutory interest on arrears amounting nine percentage points above the basic interest rate and a flat fee of 40 euros. Further claims remain unaffected hereby.
A right of set-off is only available to you if your counterclaim entails mutuality of obligation with respect to our principal claim, is undisputed by us or has been legally established.
A right of retention is only available to you if your counterclaim is based on the same contractual relationship.
6. Retention of title
We retain title to the goods until complete settlement of all claims under our current business relationship. You may resell goods subject to retention of title in the ordinary course of business; you shall assign all receivables from such resale – irrespective of combination or mixing of the goods subject to retention of title with a new article – in the amount of the invoiced amount to us in advance and we shall accept such assignment. You remain entitled to collect the receivables, however we may collect the receivables ourselves insofar as you fail to fulfil your payment obligations. If you combine, mix or process goods subject to retention of title with other articles, we shall acquire co-ownership of the new article at the ratio of the value of the goods subject to retention of title to the other articles processed at the time of combination, mixing or processing. Where your article is considered to be the principal article, you shall grant us proportionate co-ownership. We undertake to release securities available to us, upon your request, where the value of the securities exceeds the receivables being secured by more than 10%.
7. Damage during delivery
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
8. Warranty and guarantees
Statutory warranty rights shall apply.
9. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty
- for guarantee commitments, where agreed towards consumer
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
10. Final provisions
German law shall apply to the exclusion of UN Sales Law.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
