AGB General terms and conditions of business

General terms and conditions of business
Contractual conditions within the framework of purchase contracts via the platform https://www.ets-power.de
between
ETS-Power, 63, Haaptstrooss, L-9780 WINCRAGE Telephone: +496554/8209977 Email: [email protected] Managing Director: Pascal Garson Commercial register: Bitburg District Court, VAT identification number: LU 37316274

– hereinafter “Provider” –
and
the users of this platform referred to in Section 2 of these General Terms and Conditions – hereinafter referred to as “customer(s)”.
§ 1 Scope
The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Differing conditions from the customer will not be recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the "Add to shopping cart" button. Using the “Buy now” button, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. (2) The provider then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order from ETS-Power” by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function can. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the contents of the order. In this email or in a separate email, but no later than upon delivery of the goods, we will send the contract text (consisting of the order, general terms and conditions and order confirmation) to the customer on a durable medium (email or paper printout). The contract text is stored in compliance with data protection. (3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), provided that the purchase price has been paid in advance. (2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. He will immediately reimburse any payments the customer may have already made. (3) The following delivery restrictions apply: The provider only delivers to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany. (4) The customer can make payment via direct bank transfer. (5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer makes use of any right of withdrawal.
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
§ 7 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. (2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health. (3) The one