Terms and conditions of sale
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (hereinafter referred to as "Products") listed on our website www.euro-industry.com (our site) to you.
Please print off and read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Company (hereinafter referred to as "Euro Industry"):
E.I.S. Euro Industry Supply GmbH & Co. KG
Heilbronner Str. 150
70191 Stuttgart
GERMANY
The following general terms and conditions are written in English language and can be saved by customers on his/her computer or printed. According to your wishes, you can ask for our general terms and conditions under http: // euro-industry.com (« Terms and conditions ») or with our email address [email protected] for a digital or paper form.
The address of the supplier Euro Industry can also be seen on all invoices.
Preambel
Euro-Industry sells for commercial aims with the domain name www.euro-industry.com, which is the website.
Euro-Industry offers to its customers Products to buy online mainly for the industrial use - worldwide.
§ 1 Choosing a Product
The customer has the possibility to order Products on the web site mentioned above.
To each Product, the customer can see a Product’s description on a seperated page from the main pages. Then, the customer can click on the Product of his/her choice to order it. The Product will then be added to a virtual basket. At the end, the customer receives a Product’s list of the Products, that he/she wants to order with a total price ( taxes not included).
Before the order delivery, Euro-Industry allows the customer to review her/his order, in order to make any changes about quantities, prices, etc...
§ 2 Rescission and dismissal of the goods by the final consumers.
The following regulations are effective in case a buyer has ordered goods for her/his own purposes and not for industrial purposes and his/her order has been accepted from Euro-Industry.
Right of rescission
You can return the received goods, without giving reasons, within two weeks by sending back the goods. The time limit begins not earlier than the receipt of goods including this instruction. Only when the goods cannot be dispatched by parcel (e.g for bulky goods) can you also give notice of the return by a repurchase request in written form, that is e.g by letter, fax or email. Sending off the goods or the repurchase request in time is sufficient for the time limit to be observed. Returns are always at your expense and your own risk. The return or repurchase request must be sent to:
E.I.S. Euro Industry Supply GmbH & Co. KG
Heilbronner Str. 150
70191 Stuttgart
Germany
fax: +49 (0)711 460 59 21 - 49
email: [email protected]
Consequences of rescission
In case of use of the return privilege what has been received in performance of the contract on both sides must be restored and, if appropriate, the effect of taking the goods into use (e. g. benefitting through their use) must be restored. If the goods have deteriorated compensation for lost value can be requested. This does not apply if the deterioration can be attributed exclusively to examination of the goods – as might have happened, for example, in a shop. In other respects you can avoid the compensation obligation by not taking the goods into use as an owner and refrain from doing anything which reduces their value.
Obligations to the allowance of payments must be fulfilled within 30 days. The term begins with sending back your cancellation explanation and as soon as we have received your cancellation explanation.
Right of return
You can return the received goods, without giving reasons, within two weeks by sending back the goods. The time limit begins not earlier than the receipt of goods together with this instruction. Only when the goods cannot be dispatched by parcel (e.g for bulky goods) can you also give notice of the return by a repurchase request in written form, that is e.g by letter, fax or email. Sending off the goods or the repurchase request in good time is sufficient for the time limit to be observed. Returns are always at your expense and your risk. The return must be sent to:
E.I.S. Euro Industry Supply GmbH & Co. KG
Harkortstraße 25
(Anlieferung Am Roten Kreuz)
40880 Ratingen
GERMANY
fax: +49 (0)711 460 59 21 - 49
email: [email protected]
Consequences of return
In case of an effective return both sides will return the received achievements. When the goods are degradated (e.g. demolished) in any way a replacement fee can be charged. This fee does not apply when the degradation of the goods is caused by their proving/examination only – like you were able to prove/examinate in a local store. You can easily avoid the replacement fee by not using the goods like an owner and avoid anything which could be harmful for the worth of the goods.
§ 3. Prices
The prices stated on the Internet Site at the time of the order will be applied. The prices do not contain the costs of packaging and delivery.
§ 4. Risk and Title
- The Products will be at your risk from the time we deliver the Products to you.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
§ 5 Quotation/conclusion of contract
The Euro-Industry offers mentioned on the web site are subject to change. In case of a none availability in stock, Euro-Industry is not committed to deliver the goods. Only if Euro-Industry has confirmed the order in a written form (confirmation of order), Euro-Industry has to deliver the goods. If the customer does not agree with the goods ordered, she/he can cancel the contract.
§ 6 Execution of a contract
Processing an order
After the customer has ordered, the order will be confirmed (Order confirmation acknowledgment). Euro-Industry will process the orders withing 60 hours and will inform the customers if the ordered Products are available. For orders under €500 net, that we have to enter ourselves, a service fee of €3 will be charged to you.
Shipping
As far as the ordered Products are available and as far as the order has been accepted from Euro-Industry (confirmation of order), Euo-industry will then send the goods according to the indications of the confirmation of order.
Shipping costs
The shipping costs are charged on the actual weight of goods ordered and the place of delivery. The shipping costs are reported to the consumer during the ordering process and before validating the order.
The availability of the Products mentioned on the website is indicative and has no contractual value.
The deadline for the delivery of goods is indicated in the order confirmation, which will be sent to the customer via an e-mail message.
Modifications, enlargements, limitations of an order
Euro Industry undertakes to respond quickly to customers, who have questions about their orders, with possible modifications, extensions or limitations. These modifications, extensions or limitations desired by the customer can only be taken into account, if the request is made 5 days before the scheduled delivery date.
§ 7. Euro Industry hotline service
Euro Industry offers customers a hotline service available for questions relating to Products. This hotline service is available to customers 5 days a week (Monday to Friday), the usual business hours (9.00 am - 19.00 pm).
§ 8. Payment terms
Euro Industry delivers goods against prepayment or invoice. Advance payments or payment orders by credit cards are taken into account when billing. In the case of a delivery against invoice, the total bill must be paid in the next 30 days after invoicing without any discount.
The prices listed on the invoices are always definitive (VAT added in Germany as well as for private customers within the EU). For delayed payment, the customer is obliged to pay interest on the amount of 5% above the base rate to Euro Industry, unless Euro Industry can justify higher interest rates. For companies / enterprises, the interest rate is 8% above the base rate.
§ 9. Guarantee and Liability
As a reseller, we apply the guarantee in accordance with the one given by the supplier, under its own responsibility. In terms of security, all other customer claims against Euro Industry, in particular those related to damage caused by a defect, are excluded in the context of what is allowed by law.
In particular excluded from warranty are defects resulting from natural attrition, a misuse, excessive use of inadequate maintenance, non-compliance with instructions and other causes not attributable to Euro Industry.
Responsibility for Euro Industry is limited to fraud and gross negligence. Any other liability is excluded. The goods should be checked at the reception and visible defects should be reported in writing within 8 days after receiving the goods. Claims will not take into account that in case of defects.
The pictures/photos on the above website are not contractually binding.
§ 10. Force Majeure
Neither Euro Industry nor the customer can not be held responsible for failure due to contractual force majeure including but not limited in the event of war, riot, insurrection, interruption of transportation, import problem, strikes, shortages, fire, earthquake, storm, and flood.
If the force majeure has over 1 month to prevent implementation of the order, it may be terminated by the aggrieved party.
§ 11. Intellectual properties
Euro Industry considers all the requirements relating to the law on data protection, particularly the norms of e-commerce.
§ 12 Applicable law and jurisdiction
These terms and conditions are governed solely by the German law and the EU law enforcement for e-commerce is excluded. The contract language is German. German law is therefore the only force applicable.
Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of Stuttgart in Germany.
If any provision of these conditions would be or become futile, the conditions mentioned are also valid. Euro-Industry and the client will replace the provision futile by a more valid that will better fulfil the will of the two parties.
Version General Terms of Sales: 1.6
Date: 2012-12-08
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