GTCs 2023
General Terms and Conditions of the Company ANKER Kassensysteme GmbH
1. validity towards entrepreneurs and definitions of terms
(1) The following General Terms and Conditions shall apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) The following terms and conditions shall apply exclusively to the sale of our products, even if we have not objected to deviating terms and conditions of purchase of the consumer in the individual case. Upon acceptance of our products, these terms and conditions shall be deemed to have been accepted by the consumer without reservation - even in the event of his prior objection. Deviations require our express written consent to be effective. Our terms and conditions shall also apply to all future transactions with the customer.
(3) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
2. conclusion of a contract
(1) Upon receipt of an order in our online store,Orders Entry or by e-mail, the consumer makes a binding offer of contract. (2) The stated prices include the statutory sales tax and other price components. In addition, there are any shipping costs.(3) Our offers are subject to change. We reserve the right to increase our prices appropriately if cost increases occur after conclusion of the contract. We shall provide evidence of such increases to the Purchaser upon request. Price and delivery information provided verbally by employees is always non-binding.
3. delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here at the latest within 5 working days. The delivery period begins in the case of payment in advance on the day after the payment order to the bank responsible for the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(2) Unless otherwise stated in the order confirmation, delivery ex Bielefeld is agreed. Shipment shall be at the expense and risk of the Purchaser.
4. retention of title
(1) Delivered goods (goods subject to retention of title) shall remain our property until full payment of the purchase price and all existing and future claims arising from our business relationship with the Purchaser, including our current account claims and including all balance claims from current account
5. warranty
(1) Insofar as this is a commercial purchase within the meaning of the German Commercial Code (HGB), the Purchaser shall be obliged to immediately inspect the delivered goods for quantity and quality and to raise any complaints without delay (§ 377 HGB).
Insofar as there is a defect in the purchased item for which we are responsible, we shall be entitled, at our discretion, to rectify the defect or to make a new delivery. If we are not prepared or not in a position to rectify the defect or to make a new delivery, or if rectification or new delivery fails, the customer shall be entitled, at his discretion, to demand withdrawal from the contract or a corresponding reduction of the purchase price.
The right to subsequent performance shall not be granted for insignificant defects. Unless otherwise stated below, further claims of the Purchaser - irrespective of the legal grounds - are excluded.
6. right of withdrawal for consumers
You have the right as a consumer to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
7. liability
(1) ANKER is liable for damages due to breach of contractual or non-contractual obligations only in case of intent or gross negligence.
(2) ANKER is only liable for intent and gross negligence of non-executive vicarious agents if they violate an essential contractual obligation.
(3) Insofar as it does not involve the breach of essential contractual obligations, ANKER is not liable in cases of simple negligence of its organs, legal representatives, employees or other vicarious agents. Essential contractual obligations are those obligations that enable the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely. In cases of culpable breach of material contractual obligations, liability shall be limited to the foreseeable damage typical for the contract.
(4) The above limitations of liability do not apply to ANKER's liability for intentional conduct, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
(5) ANKER is not liable for direct and indirect damages, as well as the fulfillment of these terms and conditions, provided that the consequences are based on actions to which ANKER is obligated or required as a result of compliance with legal or regulatory requirements, express provisions of this contract or the rules and regulations, furthermore as a result of circumstances of force majeure, the user's violation of these terms and conditions.
(6) ANKER is not liable for indirect or consequential damages, including loss of profit or damage to the image.
(7) None of the provisions contained in these Terms and Conditions shall constitute a limitation of the statutory liability obligations.
(9) Data protection
(1) The parties undertake to comply with the applicable data protection laws, including the Federal Data Protection Act and the EU General Data Protection Regulation (EU Regulation 2016/679), when processing personal data of the respective other party.
8. individual agreements
Individual agreements shall take precedence over these General Terms and Conditions of Business insofar as they are in writing.
9. place of performance
Place of performance and jurisdiction is, as far as permissible, Bielefeld. German law shall apply exclusively. The CISG (UN Convention on Contracts for the International Sale of Goods, Convention of 11.04.1980) is excluded.
10. miscellaneous
Should any provision of this contract be or become invalid for any reason now or in the future, this partial invalidity should not result in the invalidity of the entire contract. In such a case, the ineffective provision shall be replaced by a legally effective provision that comes closest to the economic sense and purpose of the ineffective provision.
Status of the GTC January 2023
(1) The following General Terms and Conditions shall apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) The following terms and conditions shall apply exclusively to the sale of our products, even if we have not objected to deviating terms and conditions of purchase of the consumer in the individual case. Upon acceptance of our products, these terms and conditions shall be deemed to have been accepted by the consumer without reservation - even in the event of his prior objection. Deviations require our express written consent to be effective. Our terms and conditions shall also apply to all future transactions with the customer.
(3) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
2. conclusion of a contract
(1) Upon receipt of an order in our online store,Orders Entry or by e-mail, the consumer makes a binding offer of contract. (2) The stated prices include the statutory sales tax and other price components. In addition, there are any shipping costs.(3) Our offers are subject to change. We reserve the right to increase our prices appropriately if cost increases occur after conclusion of the contract. We shall provide evidence of such increases to the Purchaser upon request. Price and delivery information provided verbally by employees is always non-binding.
3. delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here at the latest within 5 working days. The delivery period begins in the case of payment in advance on the day after the payment order to the bank responsible for the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(2) Unless otherwise stated in the order confirmation, delivery ex Bielefeld is agreed. Shipment shall be at the expense and risk of the Purchaser.
4. retention of title
(1) Delivered goods (goods subject to retention of title) shall remain our property until full payment of the purchase price and all existing and future claims arising from our business relationship with the Purchaser, including our current account claims and including all balance claims from current account
5. warranty
(1) Insofar as this is a commercial purchase within the meaning of the German Commercial Code (HGB), the Purchaser shall be obliged to immediately inspect the delivered goods for quantity and quality and to raise any complaints without delay (§ 377 HGB).
Insofar as there is a defect in the purchased item for which we are responsible, we shall be entitled, at our discretion, to rectify the defect or to make a new delivery. If we are not prepared or not in a position to rectify the defect or to make a new delivery, or if rectification or new delivery fails, the customer shall be entitled, at his discretion, to demand withdrawal from the contract or a corresponding reduction of the purchase price.
The right to subsequent performance shall not be granted for insignificant defects. Unless otherwise stated below, further claims of the Purchaser - irrespective of the legal grounds - are excluded.
6. right of withdrawal for consumers
You have the right as a consumer to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
7. liability
(1) ANKER is liable for damages due to breach of contractual or non-contractual obligations only in case of intent or gross negligence.
(2) ANKER is only liable for intent and gross negligence of non-executive vicarious agents if they violate an essential contractual obligation.
(3) Insofar as it does not involve the breach of essential contractual obligations, ANKER is not liable in cases of simple negligence of its organs, legal representatives, employees or other vicarious agents. Essential contractual obligations are those obligations that enable the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely. In cases of culpable breach of material contractual obligations, liability shall be limited to the foreseeable damage typical for the contract.
(4) The above limitations of liability do not apply to ANKER's liability for intentional conduct, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
(5) ANKER is not liable for direct and indirect damages, as well as the fulfillment of these terms and conditions, provided that the consequences are based on actions to which ANKER is obligated or required as a result of compliance with legal or regulatory requirements, express provisions of this contract or the rules and regulations, furthermore as a result of circumstances of force majeure, the user's violation of these terms and conditions.
(6) ANKER is not liable for indirect or consequential damages, including loss of profit or damage to the image.
(7) None of the provisions contained in these Terms and Conditions shall constitute a limitation of the statutory liability obligations.
(9) Data protection
(1) The parties undertake to comply with the applicable data protection laws, including the Federal Data Protection Act and the EU General Data Protection Regulation (EU Regulation 2016/679), when processing personal data of the respective other party.
8. individual agreements
Individual agreements shall take precedence over these General Terms and Conditions of Business insofar as they are in writing.
9. place of performance
Place of performance and jurisdiction is, as far as permissible, Bielefeld. German law shall apply exclusively. The CISG (UN Convention on Contracts for the International Sale of Goods, Convention of 11.04.1980) is excluded.
10. miscellaneous
Should any provision of this contract be or become invalid for any reason now or in the future, this partial invalidity should not result in the invalidity of the entire contract. In such a case, the ineffective provision shall be replaced by a legally effective provision that comes closest to the economic sense and purpose of the ineffective provision.
Status of the GTC January 2023