(1) These General Terms of Business govern the contractual relationship between TECSERVICEUROPE AG and the Consumers and Entrepreneurs who buy goods/products from TECSERVICEUROPE AG (hereinafter called Customers). In addition, these General Terms also govern the use of the www.tec-se.com website and all subdomains of that domain, in particular, https://shop.tec-se.com/. The version applicable at the time of conclusion of a contract shall apply.

(2) For the purposes of these General Terms, “Consumer” means any individual who undertakes business with the TECSERVICEUROPE online shop or TECSERVICEUROPE AG for purposes, which are outside his or her trade, business, or profession.

(3) For the purposes of these General Terms, “Entrepreneur” means any individual or legal entity or legally responsible partnership, which undertakes business with the TECSERVICEUROPE online shop or TECSERVICEUROPE AG in the course of their commercial or self-employed occupational activities.

(4) The Customers’ Conditions of Purchase or General Terms of Business shall apply only insofar as they do not contradict the General Terms of Business including, in particular, the delivery and payment conditions, of the TECSERVICEUROPE Online Shop and TECSERVICEUROPE AG, respectively.

(1) The offers made by the TECSERVICEUROPE Online Shop or TECSERVICEUROPE AG on the Internet as well as on display at the TECSERVICEUROPE Sales Outlet are non-binding invitations to the Customer to order or buy goods from TECSERVICEUROPE AG.

(2) When the Customer places an order, that is, a legally binding proposal for the conclusion of a sales contract on the object of purchase in question, TECSERVICEUROPE AG is entitled to accept that offer within reasonable time either by sending an order confirmation or the ordered goods to the Customer. TECSERVICEUROPE AG at their own discretion may or may not accept the purchase offer. When neither a sales confirmation nor the ordered goods are sent, the offer shall be deemed rejected.

(3) The automatically generated order confirmation by e-mail does not yet constitute a contract acceptance but is solely for informing the Customer about the actual receipt of the order.

(1) In case of advanced payment, the Customer is obliged to pay the full amount immediately following the contract’s conclusion. In case of payment upon delivery, the Customer is obliged to pay the full amount immediately upon receipt of the ordered goods. In case of purchase on account, the Customer is obliged to settle the invoice within 14 days following the delivery of the goods. In case of payment by direct debit, the invoiced sum is withdrawn within one week after conclusion of contract. In case of using a credit for payment, the Customer’s account is charged after shipment of the goods.

(2) TECSERVICEUROPE AG is authorized to assign pecuniary claims against the Customer, for example, to a factoring company. In this case, payments with discharging effect must be done to the party that the claims were assigned to (e.g. the factoring company).

(3) In case of delayed payment, the Customer is liable for any default. He is further liable for accidents because of this negligence, unless the damage would have also occurred with payment in due time.

(4) During the period of delay, interest for late payment has to be paid on the purchase price. The delay interest rate will be 5% per annum above the base interest rate. For transactions, in which no Consumer is involved, the interest rate will be 8% above the base interest rate.

(5) The assertion of further damage claims remains inviolate.

(1) Delivery is made by sending the object of purchase to the address specified by the Customer. Unless otherwise agreed, the ordered goods are delivered to the first door at the address specified by the Customer, provided that door is at ground level.

(2) The Customer bears all shipping costs for the object of purchase. Please note that export shipment might cause additional costs, duties, fees, and the like. Such costs are borne by the Customer, too. In addition, if the Customer requires a special form of delivery resulting in excess handling and shipping fees, the Customer bears these additional costs, too.

(3) If the Customer obtains the object of purchase for his or her commercial or professional activities, he or she bears the risk of the object’s accidental loss or damage as soon as TECSERVICEUROPE AG has handed it to the forwarding agent, the freight carrier, or any other individual or institution charged with delivery.

Until full settlement of all and any claims, the object of purchase shall remain the property of TECSERVICEUROPE AG. The Customer is entitled to resell the object of purchase subject to revocation. All claims accruing to the Customer from the resale of goods, in which title is retained, are hereby assigned to TECSERVICEUROPE AG. Processing or reformation of the object of purchase by the Customer shall be done on behalf of TECSERVICEUROPE AG in every case. If the object of purchase is processed with other objects, which do not belong to TECSERVICEUROPE AG, TECSERVICEUROPE AG shall acquire co-ownership of the new object in the ratio of the value of the object of purchase to the other objects processed at the time of the processing. If the Customer’s object is to be regarded as the main object, the Customer is obliged to transfer proportionate co-ownership.
To enforce our reservation of title, contract cancellation is not required unless the Customer is a Consumer.
If TECSERVICEUROPE AG has assigned its claims to a factoring company, payments with discharging effect must be done to that company.

The price for the object of purchase specified in the respective offer is the final price including value-added tax (where applicable) and/or other price components. Deductions such as bonuses, allowances, or discounts are excluded. The price does not include shipping and handling fees, which will be charged separately.

(1) TECSERVICEUROPE AG has the right to terminate the contract at any time, including the case where partial delivery has been made or delivery is outstanding, if false information about the Customer’s financial capacity has been supplied or apparent reasons for the Customer’s financial incapacity have arisen (e.g. institution of insolvency or bankruptcy proceedings against the Customer’s assets or rejection of a respective application due to lack of funds). The Customer has the right to provide an advance payment or a suitable security to prevent termination.

(2) Irrespective of possible indemnity claims, partial performances already made are to be billed and paid for according to the contract in case of a partial rescission.

(1) Warranty for Customers
a) It is the responsibility of TECSERVICEUROPE AG to ensure that the object of purchase is free of faults at the moment of handing it over to the Customer. If within six months of delivery the object of purchase becomes defective, it will be presumed that the object had been faulty at the time of handing over, unless that supposition is not in accordance with the type of object or type of fault. If the fault becomes apparent after the expiration of six months, then the Customer must provide prove that the object of purchase was faulty at the time of delivery.
b) If the object of purchase is faulty, the Customer has the right to choose between fulfillment by repair of the object or fulfillment by the replacement of the object. TECSERVICEUROPE AG is entitled to refuse the chosen kind of supplementary performance if such performance is only possible at unreasonable costs and the alternative form of supplementary performance does not involve substantial disadvantages for the Customer.
c) If an attempt to remedy a defect fails, the Customer shall be entitled, at his discretion, to reduce the purchase price or withdraw from the agreement as well as claim compensation. However, the Customer shall have no right to rescind the contract in case of minor defects.
d) The Customer’s damage claims expire after two years, or after one year in case of used items.

(2) Warranty for Entrepreneurs
a) If an order is part of a Customer’s trading business, then the Customer is obliged to check the delivered goods immediately for deviations from the specified condition and amount. TECSERVICEUROPE AG must be notified by the Customer of visible defects or deviations within a one week; otherwise, any right to warranty claims shall be excluded. Notification of any hidden defects must be made to TECSERVICEUROPE AG in writing within one week after their detection. Timely dispatch is sufficient. In this case, the Customer is solely responsible for providing evidence that his claim is justified, especially evidence for the defect itself, the time the defect was detected, and the timeliness of the claim.
b) In cases of faults, TECSERVICEUROPE AG will at its own discretion repair or replace the object.
c) The Customer’s warranty claims expire after one year. This one-year limitation does not apply for indemnity claims.

(3) If TECSERVICEUROPE AG replaces the object, it may require the Customer to return the defective object.

(4) Defects that have been caused by the Customer through improper or contrary to contract use, during installation, connection, operation, or storage, do not justify any claim against TECSERVICEUROPE AG.

(1) TECSERVICEUROPE AG is liable for any damage other than damage resulting from personal injury or death only to the extent such damage results from willful misconduct or gross negligence or from the violation of an essential contractual obligation attributable to TECSERVICEUROPE AG or to any of its employees or subcontractors. Principle contractual obligations are obligations that fulfill the adequate and orderly implementation of the contract, which the Customer may continuously rely on. Any further liability for compensation of damages is excluded. This condition does not affect any guarantees issued by TECSERVICEUROPE AG or rights under the Produkthaftungsgesetz (German Product Liability Act).

(2) According to the current state of the art, data communication on the Internet cannot be guaranteed to be available without errors and/or at any time. TECSERVICEUROPE AG therefore is not liable for permanent availability of their Internet shop.

(1) All disputes from this legal relationship are defeated by the right of the Federal Republic of Germany. This does not apply to a Consumer if it would deprive him or her of relative protections granted by mandatory legal provisions under the laws of that state where he or she has his permanent residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

(2) If the Customer is a tradesman, a legal entity, or special asset under public law, the contractual relationship is subject to exclusive jurisdiction of the courts responsible for the district where TECSERVICEUROPE AG has its seat registered. The same applies if the Customer has no place of general jurisdiction in Germany or if its place of residence or its whereabouts are unknown at the time of commencement of an action.

If any provisions of these General Terms of Business are or become invalid or unenforceable, this will not effect the validity of the other provisions, unless the elimination of individual provisions discriminates either contract party to such an unacceptable extent that the adherence to the contract becomes unacceptable.