General Terms and Conditions

Supplier and Contracting Party

AC TEC GmbH
Wikingerstraße 10
76189 Karlsruhe
Germany
Telephone: +49 721 988 995 98
Email: info@actec.eu
Website: actec.eu

Managing Director: Andre Kremer
Register court: Mannheim Local Court, registration number: HRB 733335
VAT No.: DE323653509, ATU76141701

For legal enquiries and the right to withdraw: legal@actec.eu. The full statutory information can be found in the legal notice.

1. Scope

The following Terms and Conditions apply to all orders placed via our online shop by consumers and business customers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. A business is a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activity.

The following applies to business customers: if the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only form part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Opportunities for Correction

The contract of sale is concluded with AC TEC GmbH.

By displaying and advertising items in our online shop, we are not making a binding offer to sell specific items.

By submitting an order via the online shop – by completing the order form and clicking the button that finalises the ordering process – you are making a legally binding offer to enter into a contract.

To submit an offer, you must carry out the following technical steps:

• Add the desired items to the virtual shopping basket
• Log in to the online shop by entering your username and password or – if you do not have a customer account – enter your order details in the form provided
• Enter your billing and delivery addresses
• Select the desired delivery method
• Select your preferred payment method
• Review the order details
• Submit the order subject to payment

We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order unless it contains a statement of acceptance alongside the confirmation of receipt.

A contract is only concluded once we accept your order by means of a declaration of acceptance or by delivering the ordered items.

3. Contract language, storage of the contract text

The language(s) available for the conclusion of the contract: German

We store the contract text and send you the order details and our Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Delivery terms

In addition to the product prices quoted, delivery charges may apply. Further details regarding any applicable delivery charges can be found in the product listings.

We do not deliver to parcel collection points.

5. Payment

The following payment methods are generally available in our shop:

Payments via PayPal, credit card, Apple Pay, bank transfer and Klarna are processed by our payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (‘Mollie’). You enter your payment details with Mollie; we do not store them. Further information is provided during the ordering process.

PayPal

To pay the invoice amount via PayPal, you must be registered with PayPal, log in using your credentials and confirm the payment instruction. The payment transaction is processed immediately after the order is placed. PayPal is available with no spending limit.

Credit card

You will be asked to provide your credit card details during the ordering process. Your card will be charged immediately after you place your order. Payment by credit card is available for orders up to a value of 10,000 euros.

Apple Pay

To pay the invoice amount via Apple Pay, you must use an Apple device, have Apple Pay enabled, authenticate yourself and confirm the payment instruction. The payment transaction is processed immediately after the order is placed. Apple Pay is available for orders up to a value of 10,000 euros.

Bank transfer (prepayment)

If you choose to pay by bank transfer, you will receive our bank details and the reference number following your order. Please quote the reference number when making the transfer so that we can match your payment to your order. We will dispatch the goods once payment has been received. Bank transfer is available with no limit on the amount.

Klarna – Pay Now

With this payment method, you pay via the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (‘Klarna’). You verify your identity with Klarna and confirm the payment authorisation; the invoice amount will be debited immediately after the order is placed. Further information will be provided during the ordering process. Klarna – Pay Now is available for orders up to a value of 2,000 euros.

Cash on collection

You pay the invoice amount in cash upon collection. This payment method is only available in conjunction with the ‘Collection’ delivery option.

Payment deadline and automatic cancellation

The purchase price is due for payment no later than 14 calendar days after receipt of the order. If payment is not received within this period, we reserve the right to automatically cancel the order. There is no entitlement to delivery or price protection after this period.

Please note: Your order will be cancelled within 14 days if payment is not received. Cancelled orders must be placed again.

6. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. No voluntary right of withdrawal is granted to businesses.

7. Retention of title

The goods remain our property until full payment has been made.

The following also applies to business customers: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale – irrespective of whether the goods subject to retention of title have been combined or mixed with new items – in the amount of the invoice sum, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We shall release the security to which we are entitled at your request to the extent that the realisable value of the security exceeds the value of the outstanding claims by more than 10 per cent.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you will be helping us to assert our own claims against the carrier or the transport insurer.

9. Warranty and Guarantees

9.1 Liability for Defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following limitations and shortened time limits do not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of a breach of duty arising from wilful misconduct or gross negligence, as well as fraudulent misrepresentation
• in the event of a breach of fundamental contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the other party may regularly rely (cardinal obligations)
• within the scope of a guarantee, where agreed, or
• insofar as the scope of application of the Product Liability Act is triggered.

Limitations in relation to business customers

In dealings with businesses, only our own specifications and the manufacturer’s product descriptions incorporated into the contract shall be deemed to constitute an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for claims for recourse under Section 445a of the German Civil Code (BGB) remain unaffected.

Provisions applicable to traders

In dealings between traders, the duty to inspect and give notice of defects as set out in Section 377 of the German Commercial Code (HGB) applies. If you fail to give notice as required therein, the goods shall be deemed to have been approved, unless the defect was not apparent upon inspection. This shall not apply if we have fraudulently concealed a defect.

9.2 Guarantees and after-sales service

Information on any additional guarantees that may apply and their precise terms and conditions can be found on the relevant product page and on specific information pages within the online shop.

10. Liability

We shall always bear unlimited liability for claims arising from damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of a breach of duty caused by wilful misconduct or gross negligence,
• in the case of warranty undertakings, where agreed, or
• where the scope of the Product Liability Act applies.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

11. Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Final provisions

If you are a trader, German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a trader within the meaning of the German Commercial Code, a legal person governed by public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.