General Terms and Conditions

Terms and conditions of the Onlineshops ERNI Electronics GmbH
ERNI hereinafter called X-PRESS:

Section 1 Scope

These General Terms and Conditions apply to all purchases from ERNI X-PRESS "https://www.erni-x-press.com/de/impressum.html" made by business customers.

In this context, business customers are persons with their domicile and delivery address in the Federal Republic of Germany or within the European Union, to the extent that the goods ordered by them are for their commercial and/or self-employed professional use.
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Section 2 Conclusion of Contract

The presenting of our goods and the granting of the opportunity to order them shall not constitute a binding offer on our part. Solely your order as customer shall constitute an offer to us to conclude a purchase agreement. If you place an order with us, we will send an e-mail to the e-mail address you have provided, confirming the receipt of your order and its details (confirmation of order).

We expressly point out that this confirmation of order does not constitute acceptance of your offer. This confirmation of order merely informs you that your order has been received by us. A purchase agreement with us shall not be formed until the ordered product has been delivered to you or its dispatch to you by us is expressly confirmed in a second e-mail (confirmation of dispatch).
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Section 3 Prices and Shipping Costs

The price stated at the time of placing the binding order shall apply. Shipping costs which shall depend on the method of shipping and the size and weight of the goods you have ordered shall be charged additionally. For details, please consult the homepage "https://www.erni-x-press.com".

The normal costs of return shipment, which arise in the event of the goods being returned by you if you exercise the right of return which you are granted, shall not be borne by ERNI X-PRESS. The shipping costs arising as a result of the exercising of your right of return shall be borne solely and exclusively by you.
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Section 4 Payment

Payment shall be made by credit card, PayPal or invoice&bank transfer.

In supplying your credit card number along with your order, ERNI X-PRESS shall be authorized to charge the purchase price to the credit card account indicated in your order.
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Section 5 Default

In the event of your defaulting, ERNI X-PRESS shall be authorized to claim interest on arrears at 8 percentage points above the prevailing basic rate of interest. If higher losses due to payment in arrears can be proven, ERNI X-PRESS shall be authorized to claim for these higher losses due to payment in arrears.
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Section 6 Offsetting

The customer shall only be entitled to offset payments if his/her counterclaims have been confirmed by a court of law or are undisputed by ERNI X-PRESS.
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Section 7 Right of Retention

The customer shall only be authorized to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
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Section 8 Restriction of Market and Delivery

  1. The presentation of goods by ERNI X-PRESS is aimed exclusively at customers domiciled in the Federal Republic of Germany or within the European Union (contract territory) and quoting a delivery address in the contract territory. We are unable to make supplies to persons domiciled outside the contract territory.

  2. Delivery shall be to the address indicated by the customer, but only within the Federal Republic of Germany or within the European Union.

  3. If force majeure (natural disasters, war, civil war, terror attacks, etc.) renders delivery or another element of performance permanently impossible, the obligation of ERNI X-PRESS to render performance shall be excluded. Amounts already paid shall be refunded by ERNI X PRESS without delay.

  4. ERNI X-PRESS may in addition refuse performance where this involves a cost that is grossly out of proportion to the customer's interest in fulfilling the purchase agreement, taking into account the content of the purchase agreement and the criteria of good faith. Amounts already paid shall be refunded by ERNI X-PRESS without delay.
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Section 9 Right of Return and Obligation to Give Notice of Defects

  1. The parties expressly agree that Section 377 of German Commercial Code shall apply in full. The application of Section 377 of German Commercial Code is likewise agreed for non-merchants.

  2. The customer shall be granted a free right of exchange within 14 days of receipt of the goods. The right of exchange shall be exercised through the return of the goods within 14 days of their receipt.

    Exercise of this right of exchange within the limit period shall be based on when the returned goods are received by ERNI X-PRESS. The costs of return shipment shall be borne by the customer. In the event of returns under the free right of exchange arrangements, ERNI X-PRESS shall refund the customer the purchase price in full, but not the shipping costs either for outward shipment or for return shipment.

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Section 10 Retention of title

The delivered goods shall remain the property of ERNI X-PRESS until all claims against the customer from the purchase agreement and from other aspects of the business relationship have been settled in full. While this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not grant any rights of use to the goods to third parties.
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Section 11 Warranty for Defects

  1. The enforcement of warranty claims shall be conditional on the customer having fulfilled his/her obligation to examine the goods and give notice of defects pursuant to Section 377 of German Commercial Code; this obligation shall apply in full pursuant to Section 9 of these General Terms and Conditions, including for non-merchants.

  2. If the purchased product is defective, ERNI X-PRESS shall have the option of eliminating the defect by rectification or delivering a non-defective article. ERNI X-PRESS shall be granted an appropriate period for rectification. Only if rectification by ERNI X-PRESS has failed or is refused without justification, or if a deadline for rectification has not been met, shall the customer have the further statutory warranty rights. A compensation obligation shall, however, be expressly limited to the foreseeable losses that are typical of the contract.

    The time limit for claims in respect of defects shall be one year from the date of delivery of the goods, unless the defect was fraudulently concealed by ERNI X-PRESS. This short time limit shall not, however, apply to compensation claims due to injury to life, limb or health or in the event of intent and / or gross negligence by ERNI X-PRESS, its legal representatives or assistants.

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Section 12 Liability

    1. Based on the statutory requirements, unlimited liability is accepted for injury to life, limb or health resulting from intentional or negligent dereliction of duty by ERNI X-PRESS, its legal representatives or assistants. Liability is likewise accepted in accordance with the statutory provisions for other losses not covered by Sentence 1 but which result from intentional or grossly negligent dereliction of duty or from fraudulent acts by ERNI X-PRESS, its legal representatives or assistants. In the latter case, however, liability shall be limited to the loss that foreseeably and typically occurs where ERNI X-PRESS, its legal representatives or assistants have not acted with intent.

    2. Liability is also accepted for losses caused by ordinary negligence insofar as they result from the breach of contractual obligations, the compliance with which is of particular significance for fulfilling the purpose of the contract (material contractual obligations). However, liability is again only accepted for losses that are typically associated with the contract and are also foreseeable.

    3. Further-reaching liability, regardless of the legal basis of the claim, is excluded. This shall apply also and in particular to claims from criminal offenses and / or claims for reimbursement of wasted expenditure in lieu of performance. Liability from default shall nevertheless remain expressly unaffected.

    4. To the extent that liability is excluded or limited, this shall also apply to any personal liability of all employees or other associates, legal representatives and / or assistants. Strict liability in accordance with statutory provisions shall always remain unaffected. This liability regime also includes obligations similar to transactions (e.g. Section 311 Para. 2 and Section 311 Para. 3 of German Civil Code).

    5. Insofar as the products ordered from and supplied by ERNI X-PRESS would need to comply with safety regulations for use abroad, the regulations that are valid in the Federal Republic of Germany shall apply. If the customer transports the goods abroad, ERNI X-PRESS shall not be liable for any non-compliance with foreign regulations. Sole responsibility for this shall rest with the customer.

    6. ERNI X-PRESS shall also be responsible for the chance impossibility of delivery if it is delayed, unless the loss would also have occurred in the event of punctual delivery. Notwithstanding the culpability of ERNI X-PRESS, liability from the acceptance of a guarantee shall remain unaffecte.
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Section 13 Applicable Law

The contract concluded between you and ERNI X-PRESS shall be subject solely and exclusively to the law of the Federal Republic of Germany, expressly excluding the United Nations Convention on Contracts for the International Sale of Goods.
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Section 14 Place of Jurisdiction

The Place of Jurisdiction shall be at the registered office of ERNI X-PRESS in 73099 Adelberg. The place of jurisdiction shall apply to all disputes arising from and in connection with the contractual relationship.
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Section 15 Severability Clause, Written Form

  1. Should individual provisions of this contract be or become ineffective or null and void, the effectiveness of the remainder of the contract shall not be affected. The parties to the contract undertake to replace the ineffective or null and void provision by a valid provision that comes as close as possible to the intended economic purpose of the former. This shall also apply to any contractual gaps. The parties shall take the appropriate action and submit declarations in order to achieve this outcome.

  2. Amendments or additions to this contract shall be made in writing.
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Adelberg, September 1st, 2008