General Terms and Conditions of the company G&E Sales UG
For CONSUMERS (B2C):
§1 Validity towards entrepreneurs and definitions of terms
(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders placed via our Internet portal G&E Sales Website.
(2) If the contract is concluded, the contract with
G&E Sales UG
Martin Konerth
Dianastrasse 96
D-90441 Nuremberg, Germany
Register number HRB 18984
Register court Fürth
is concluded.
(3) The presentation of the goods on our Internet portal does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our Internet store, the following regulations apply: The consumer submits a binding contractual offer by successfully completing the order procedure provided in our Internet store.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the "Order" button
3) Check the details in the shopping cart
4) Click on the "Checkout" button
5) Log in to the online store after registering and entering the login details (e-mail address and password).
6) Re-check or correct the data entered.
7) Binding submission of the order by clicking on the button "order for a fee" or "buy"
Before submitting the binding order, the consumer can return to the website on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "Back" button contained in the Internet browser used by him after checking his details. We confirm receipt of the order immediately by means of an automatically generated e-mail ("order confirmation"). With this we accept your offer.
(5) Storage of the contract text for orders via our Internet store: We store the contract text and send you the order data and our General Terms and Conditions by e-mail. You can also view the General Terms and Conditions at any time under General Terms and Conditions G&E Sales. You can view your past orders in our customer area under My account --> Orders or sales orders.
§3 Prices, shipping costs, payment, due date
(1) The prices quoted include statutory VAT and other price components. Any shipping costs are added.
(2) The consumer has the option of paying in advance, direct debit, PayPal, credit card (Visa, MasterCard, American Express).
(3) If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. Delivery will be made within 7 working days at the latest. In the case of payment in advance, the delivery period begins on the day after the payment order is sent to the bank responsible for the transfer and for all other payment methods on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day.
(2) The risk of accidental loss and accidental deterioration of the item sold shall not pass to the buyer until the item is handed over to the buyer, even in the case of sale by dispatch.
§5 Retention of title
We reserve title to the goods until the purchase price has been paid in full.
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§6 Right of withdrawal of the customer as a consumer:
Right of withdrawal for consumers
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:
Cancellation policy
Widerrufsrecht
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us
G&E Sales UG
Martin Konerth
Dianastrasse 96
D-90441 Nuremberg
E-mail info@geglobalsales.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
Ende der Widerrufsbelehrung
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§7 Withdrawal form
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back to us).
To the delivery address:
Billing address:
G&E Sales UG
Martin Konerth
Dianastrasse 96
D-90441 Nuremberg
E-mail info@geglobalsales.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of the consumer(s)
_____________________________________________________
Address of the consumer(s)
_____________________________________________________
Signature of the consumer(s) (only for notification on paper)
__________________
The date
__________________
(*) Delete as appropriate.
§8 Warranty
The statutory warranty regulations apply.
§9 Contract language
The contract language is exclusively German or English.
Status of the GTC Nov.2021
Free terms and conditions created by agb.de
For ENTREPRENEURS, COMPANIES, ORGANIZATIONS, ASSOCIATIONS, FOUNDATIONS, INSTITUTIONS, GOVERNMENTS AND ALL OTHER LEGAL PERSONS/ENTITIES (B2B):
Preamble
The client's order of services and products from G&E Sales is subject to the general terms and conditions that apply to any order confirmed by us. If the client or any other party ordering from G&E Sales does not agree with the terms and conditions, the client is obligated to cancel the contract or order before work has commenced or the amount has been invoiced and is due for payment.
§1 Business activities
§1.1 Product trading and commercial brokerage
Product trading & Import/Export: G&E Sales acts as a (re)seller of various types of goods from different manufacturers or resellers. We can sell the goods directly to distributors, wholesalers and dealers, as well as end customers from various industries by invoicing on our own.
Definitions
Commercial intermediary: A person or company that brings buyers and sellers together on behalf of the customer in order to promote trade without becoming a party to the contract.
Commercial agent: A self-employed person or firm engaged on a permanent basis to negotiate or conclude transactions on behalf of the customer.
Commercial Broker: A person or company that arranges the conclusion of contracts for certain goods or services in return for commission.
Furthermore, we can act as commercial agents or brokers by establishing contacts with potential business partners, whereby the business transaction takes place directly between the customer and the manufacturer or reseller. We reserve the right to decide on which project we want to act as agent or broker and are not obliged to act as one of them if we do not see value in this project. Additionally, we decide project-based whether we will request advance retainers or not.
We provide assistance with market analysis, establishing contacts, and negotiating contract terms. However, we cannot guarantee the successful conclusion of sales or contracts. Our service includes support in initiating business relationships. However, we reserve the right to terminate agent or brokerage contracts at any time if, for reasons beyond our control, there is no longer any interest or the client is no longer willing to continue. In such instances, the services rendered will be duly invoiced and must be paid in full, unless otherwise agreed in writing.
§1.2 Consulting and services business
We offer comprehensive consulting and services that include market entry consulting, market analysis, business partner search, coaching, conducting seminars and webinars, and creating marketing materials. These services are provided both online and offline, depending on the specific needs of the client. The exact scope of services will be determined individually according to the service package you have booked. Please note that the success of the consulting activities and services is not guaranteed and depends strongly on the specific market conditions and your cooperation, such as providing all necessary information and materials, responding in a timely manner, showing interest in a collaborative work, etc.
§1.3 Agency business
Our agency business includes the conception, graphic design and technical implementation of websites, copywriting and landing pages. We also offer online marketing services, such as content creation, including the management of advertising accounts on platforms such as Google Ads, Facebook Ads, Instagram, LinkedIn and Youtube. Orders usually also include the registration of suitable domains and their linking to the website/landing page, as well as the connection of suitable tools and online tools for lead generation, their administration and internal information transfer. Further orders are generally subject to our General Terms and Conditions, which can and will be extended or replaced in individual cases. These additional terms and conditions must be in writing to be valid.
The order is divided into different phases, which are specified in the offer on which the order is based. These development phases are separate parts of the overall order and must be accepted by the Client upon completion. G&E Sales shall design for the Client in accordance with the Client's specifications. On the basis of these specifications, G&E Sales will draw up a statement of work covering both technical and graphic/visual requirements and submit it to the Client in the form of an order confirmation. If subsequent changes to the scope of services or other processing are desired or necessary, they shall only be binding on the parties if they are expressly confirmed. The work involved will be paid for separately.
§1.3.1 Development phases
- Idea phase
At the beginning is the idea generation and development phase. The scope and content of this phase are determined by the order. The results must be approved by the client.
2. Design Phase (Layout/Design)
Following this, the agency develops a design concept from which the structural layout and the graphic-visual design according to the client's requirements profile can be seen. Here too, the result must be approved by the client.
3. Final Phase
After confirmation of the design concept by the client, G&E Sales will create the final version. In the case of a web or content design, the final version will be optimized for the current browser or social media types in use at the time of production. For the other technical specifications, the provisions of the order confirmation.
4. Correction Cycles
The client has the right to correct the G&E Sales' work twice during the development phases. Further corrections before acceptance of the work will result in an extension of the order and additional costs, which must be borne by the client.
5. Content
The client shall make the content to be integrated available to G&E Sales, unless otherwise agreed in the order confirmation. The content shall be provided by the client in electronically usable form. G&E Sales shall inform the client of the suitable file formats for further processing. If the templates are supplied in other formats, the conversion work shall be remunerated separately. If a web or content design is commissioned, the client shall assign a title as well as keywords and descriptions to the individual web pages, so that these can be taken into account as metatags (if not agreed otherwise in writing). G&E Sales is not responsible under press law, copyright or competition law for the use of content supplied by the client. Should claims be made against G&E Sales by third parties due to such content, the client shall indemnify G&E Sales against such claims. G&E Sales reserves the right to reject content that is deemed socially offensive, reprehensible, racist, extremist, politically inappropriate, does not reflect the opinion of G&E Sales' as service provider, discriminates against groups or is published for other socially unacceptable reasons, and to reject the order if necessary.
6. Granting of rights
G&E Sales shall transfer to the Client an exclusive right of use and exploitation, in particular the right to make available to the public, to all services of the Internet presence or other works produced that are protectable under copyright law. The granting of rights is subject to the condition of final payment of the agreed fee. G&E Sales shall be entitled to attach a copyright notice in the usual size and form. G&E Sales may include the Client in its reference list on its own website and refer to the Client's Internet presence with a link.
§2. Orders And Conclusion Of A Contract
The services advertised by us as a company online or offline do not constitute a binding offer within the meaning of §145 BGB. By clicking on the button "Order now for a fee" or similar requests to order, which are agreed online or offline by you as the client, you are placing a legally binding order. Corrections to the ordered service are only possible before the contract is accepted and constitute a new offer.
The contract is only concluded when:
- we as a company declare acceptance by e-mail
- you as the client receive access to the service immediately after placing the order
- you as the client pay the full price or a partial payment for the order immediately after placing the order
- you as the client immediately accept the verbal offer during the contract negotiations.
G&E Sales points out that all the client's data required for processing the contract and for the ordering process itself will be stored by G&E Sales. The data may also be stored in audiovisual form. This data may be transmitted by the company to third parties, in particular payment service providers, for payment and contract processing. As the client, you expressly consent to this procedure by concluding the contract and accepting these GTC. The relevant documents for compliance with our duty to provide information in accordance with the applicable General Data Protection Regulation (GDPR) can be viewed online before the contract is concluded, during negotiations and when the contract is executed and will be sent to you by email on request. If a SEPA direct debit is issued when a contract is concluded by telephone, you as the client agree to this and are obliged to send it to the agency in writing and signed by you. For this purpose, the agency will provide you with a corresponding form for issuing the SEPA direct debit with the declaration of acceptance or order confirmation, which you can use. All agreements made by telephone, internet telephony such as Skype, What's App, Telegram, Signal, etc. or meeting software such as Zoom, Google Meets, Sessions, or Microsoft Teams to issue the SEPA direct debit shall be deemed to have been made by telephone.
The relationship between G&E Sales and the client is referred to as an order, irrespective of the type of contract. The client is entitled to the main service from the order, G&E Sales is entitled to the remuneration.
We deliver and provide our services only on the basis of our stated contractual terms and conditions or individual and expressly written agreements per customer, which the customer recognizes as binding for him with his order or confirmation. These terms and conditions therefore also apply to all future business relationships, even if they are not expressly agreed again. All information provided (as defined below) must be correct. The provision of incorrect information constitutes a breach of these terms and conditions. By confirming your purchase at the end of the order process, you agree to accept and pay for the item(s) or service(s) requested. Our offers are always subject to change and non-binding. The submission of offers does not oblige us to accept the order(s). Orders and verbal subsidiary agreements shall only be deemed accepted if they have been confirmed by us in writing.
General terms and conditions of the client or customer that deviate from or contradict our terms and conditions shall only be deemed accepted by us if they are confirmed in writing.
Some situations may result in the cancellation of the client's or customer's order due to limitations on quantities available for purchase, inaccuracies or errors in the product, service or pricing information or due to problems identified by our relevant department.
§2 Performance, remuneration, prices, payments and creditworthiness
1. The nature and scope of the services and remuneration owed are set out in the order and the Agency's descriptions, as well as these General Terms and Conditions.
2. The client shall make an "advance payment of the full amount" by bank transfer or credit card when placing the order, unless both conditions have been agreed otherwise in writing by all parties involved. Invoicing by G&E Sales shall be in Euro and the payment term shall be plus the currently applicable VAT, unless otherwise agreed in writing in the order or not applicable.
3. In principle, partial invoices shall be issued after each development phase, unless otherwise agreed in writing in the order.
4. Any additional expenditure due to additions and changes at the request of the client shall be charged as extra expenditure at the agreed hourly or fixed rate or the price list applicable at the time of commissioning. The same shall apply if no remuneration has been agreed for a service.
5. If the client makes incorrect statements, corrects them subsequently or if they are incomplete, he shall bear the resulting damage if he is responsible for it.
6. G&E Sales may also have the service owed performed by third parties.
7. In the event of termination of the order, § 649 BGB (German Civil Code) shall apply in accordance with German law.
8. The company shall only be responsible for checking the permissibility of advertising measures if this has been expressly agreed in writing. The costs for this shall be borne by the client.
9. The accuracy of statements about the client's products and services will not be checked for correctness by G&E Sales.
10. G&E Sales shall provide the service in accordance with the contract even if it is not eligible for registration and protection. Services can be registered for intellectual property rights.
11. All drafts shall be submitted to and approved by the client prior to publication. By approving the drafts, the client assumes responsibility for the content in any form of publication.
12. The provisions of these GTC on the services and remuneration III.1. - 11. apply analogously to the services from the consulting business under II.2 of these General Terms and Conditions. In addition, it is agreed that partial performance in the provision of the service is only possible if this results from the client's order. In other cases, partial performance shall only be lawful if it is reasonable for the client. If the agency is unable to provide the service before the contract is concluded, it shall refrain from issuing a declaration of acceptance. Up to this services rendered by the client up to this point in time without legal grounds shall be returned.
13. The prices and terms of payment valid on the day of delivery shall apply to the execution of orders. Our prices for physical products are always ex works, excluding freight and other costs (unless otherwise agreed).
14. Any bank, transfer, letter of credit or other payment charges shall be borne by the buyer. Payments shall only be deemed to have been made when our bank confirms receipt of the outstanding amounts. If other terms of payment have been agreed and the customer is in default, we may demand default interest of 9.00% of the order amount per week exceeded and set the payment deadline for future orders to "advance payment". In the event of a delay of four weeks, we are entitled to demand immediate fulfillment of the total amount including default interest. In addition, we are entitled to withdraw from the contract, cancel the order(s) and demand compensation for the costs, damages and losses incurred. The withholding of payments and offsetting against a counterclaim of the customer that is disputed by us and has not been legally established is excluded.
15. The creditworthiness of the customer is a prerequisite for the agreement of the terms of payment and our delivery obligation. If justified doubts arise in this respect after acceptance of the order, we shall be entitled to refuse delivery and to set a reasonable deadline within which the purchaser must, at his discretion, either pay the purchase price concurrently with delivery or provide security. After unsuccessful expiry of the deadline, we may withdraw from the contract.
§3 Deliveries, deadlines and schedules
1. Dates and deadlines must be agreed in writing and fixed. If this is not done, they are merely guidelines.
2. if the client or customer fails to comply with their duty to cooperate, G&E Sales shall not be liable for any delay in the provision of services.
3. In the event of default of acceptance by the client or customer, the client or customer shall be liable for the resulting damage or additional expenses, without prejudice to further claims by G&E Sales.
4. Delivery deadlines for the transportation of goods and services of third parties are given by us to the best of our knowledge and belief on the basis of information from our partners (e.g. suppliers and forwarding agents), without any guarantee that they will be met. Exceeding delivery dates for which we are not responsible shall not release the customer from the obligation to accept the goods or services.
5. Setting of default, liability claims arising from culpa in contrahendo/damages, losses and the right to withdraw from the contract due to delay in delivery are contractually excluded. In the event of a delay in delivery for which we are responsible, the buyer shall be entitled, after expiry of a reasonable grace period set by us in writing, to demand compensation from us to the exclusion of further claims, provided that he can credibly demonstrate that he has suffered or will suffer damage as a result of the delay in delivery. The claim for damages shall be agreed individually in relation to the delayed order(s)/shipment(s). However, a maximum of 7.00% of the total amount of the order(s)/shipment(s) shall be reimbursed and the goods/services shall continue to be accepted without return. If the proven damage caused by the delay for which we are responsible amounts to at least 30% of the value of the order(s)/shipment(s), he shall be entitled to withdraw from the contract and demand his money back. We reserve the right to deliver the goods/services.
6. The delivery period shall commence on the date of dispatch of our order confirmation, but not before complete clarification of all detailed technical or other specific questions relevant to the order/delivery. Unless otherwise agreed in writing, delivery shall always be ex works (in accordance with the latest Incoterm regulations) and at the risk of the recipient, even in the case of carriage paid delivery.
7. Transport insurance for goods shall be based on the agreements with the customer with regard to the shipping conditions/incoterms and the instructions to forwarders/carriers and/or insurance companies. Insurance claims and their requirements shall be determined on a case-by-case basis.
8. Packaging will be chosen by our suppliers unless otherwise instructed. If a customer requests the goods with a special shipping method, with special packaging/insurance or within a certain time period and special shipping methods are required to be on time, the additional costs will be charged directly to the customer. Otherwise, if the buyer has not given any special shipping instructions, the shipment will be made at our best discretion, but without guarantee for the choice of the cheapest shipping method.
9. In the event of hindrances due to force majeure, official/governmental measures, operational disruptions, delays on the part of the manufacturers, unrest, strikes, wars, traffic accidents, railroad blockages and the like, the delivery periods shall be extended accordingly. In such cases, we are also entitled to withdraw from the contract in whole or in part. The buyer shall not be entitled to claim damages due to such a withdrawal.
10. The client shall be obliged to accept the work/goods after the main service has been rendered. The declaration of acceptance is equivalent to payment or use of the work/goods. The same shall apply if acceptance is not refused within 5 days of delivery.
§4 Retention of title
The objects of the deliveries (reserved goods) shall remain our property until all our claims arising from the business relationship (mutual transactions, irrespective of the due date and legal basis of the individual claims) have been settled. In the case of current accounts, the reserved title to the deliveries shall serve as security for our balance claim. The customer may only dispose of the reserved goods (irrespective of their condition) in the ordinary course of business and on condition that he also agrees a reservation of title with his customer. Pledging, transfer by way of security and the like is prohibited. Any attachments or other impairments of the reserved goods by third parties must be reported immediately.
In the event of resale, the purchaser hereby assigns to our company - until all claims of our company have been satisfied claims arising from the resale and other claims against his customer with all ancillary rights to our company. At our request, the purchaser is obliged to provide us with all information and documents necessary to assert our rights against the purchaser's customer.
Any treatment and processing of the reserved goods by the purchaser shall be carried out on behalf of G&E Sales UG to the exclusion of the acquisition of ownership. The supplier remains the owner of the resulting item/service, which serves to secure our claims. If the reserved goods/services are processed by the purchaser by combining and/or mixing them with other goods not belonging to G&E Sales, the provisions and consequences shall apply: G&E Sales' co-ownership of the new item/service shall now be deemed to be reserved goods/services within the meaning of these terms and conditions. If the reserved goods/services are resold by the buyer after processing or together with other goods not belonging to our company, the assignment of the purchase price claim shall only apply to the amount of the invoice value of the reserved goods of G&E Sales.
If the value of the securities existing for G&E Sales exceeds the total claim by more than 30%, we shall be obliged to release securities of our choice at the customer's request.
In the event of breaches of duty by the customer, in particular in the event of default in payment, we shall be entitled to withdraw from the contract after the unsuccessful expiry of a reasonable deadline set for the customer and to utilize the aforementioned securities. The statutory provisions on the dispensability of setting a deadline remain unaffected.In particular, the customer is obliged to surrender the reserved goods.
1. Invoicing shall take place immediately after performance of the service; this applies to partial performance and overall performance.
2. Payment must be made without deduction within 7 days of receipt.
3. Prices are net prices and must be understood plus the currently applicable VAT rate.
All additional fees and costs incurred shall be borne solely by the client.
§4 Return conditions
The return conditions depend on the brand, product/service, manufacturer or the respective situation when the products are accepted. The return guidelines can vary accordingly and are recorded in writing when the respective product is accepted. The conditions of the purchase contract agreed in writing therefore apply.
The following generally applies to complaints:
Complaints about our goods/services must be made in writing before they are processed or used, but at the latest within 7 working days of receipt. If a defective/mistaken delivery is proven, the buyer's claims shall be limited to us taking back the rejected goods/services and supplying a replacement (replacement deliveries may vary due to further developments by the manufacturer(s)/supplier(s)) or providing the equivalent value.
Returns will only be accepted by us if they have been agreed in writing. Damage and loss on receipt of the goods with the assertion of claims must be certified by the carrier on the transport document and reported to us within three days.
The following documents must be submitted to us in order to process the claim:
- Statement of facts (damage report, incl. pictures/videos)
- Original transport documents with confirmation from the carrier, delivery note
- Declaration by the buyer that a replacement delivery or credit note is desired by us.
- Complaints regarding the number of items (shortages) can only be recognized by us if they are reported to the carrier upon delivery and confirmed by the carrier to the customer in writing.
Claims for defects shall not exist in the case of only insignificant deviations from the agreed quality and in the case of only insignificant impairment of usability as well as in the case of changes to the quality due to the further development of a product.
§4 Guarantees and warranties
The extent of the guarantees or warranties offered by our products and services is contingent upon the specific brands in question and the respective manufacturers or suppliers. Additionally, the legislation in place at the time of sale also plays a role in determining the extent of these guarantees. In the majority of cases, the guarantees and warranties of the manufacturers/suppliers are assumed. The pertinent information may be obtained from the product or service details in written form. In the event of a timely and justified notification of defects, the guarantees and warranties are limited to repair or replacement at the discretion of our company and the suppliers.
In some instances, it may be possible to obtain extended guarantees and warranties. This information is communicated in writing in the product information of the respective product and can be purchased as an additional service. If we fail to fulfill the guarantee or warranty obligation within a reasonable period set forth in text form, the customer is only entitled to withdraw from the contract or to demand a reduction in the purchase price.
It should be noted that the guarantees and warranties that are included in our quotations are only valid to a certain extent. For instance, they may apply to providing continuous support or service until a certain result is achieved. However, we cannot guarantee or warrant any results that are beyond our capabilities or limits, or that may depend on other factors. In such cases, we endeavor to provide our services in order to achieve an acceptable result for the client that would resonate with the desired outcome.
General requirements for guarantee and warranty claims:
- Statement of facts (damage report, incl. pictures/videos)
- Product/service details, delivery documents and shipping information, invoice and packing list, installation report incl. proof of proper installation (if applicable)
Please contact us for more detailed information on guarantee and warranty processing per product and on the processing of warranty claims.
Return of goods that are not defective:
Returns of goods always require our prior written consent. Our forwarding agents will not take back any goods without our written collection instructions. Freight costs incurred for returns authorized by us shall be borne by the buyer (sender). A processing fee of 25% of the price of the goods will be deducted from the credit note. The costs for inspection, repair, repackaging, etc. will also be deducted. No credit note can be issued for defective products. Custom-made products are generally not taken back.
General claims for material defects:
Claims for material defects expire 12 months after the transfer of risk, unless longer limitation periods are prescribed by law. We shall not be liable for damage caused by the influence of third parties, improper installation, overloading, overvoltage or chemical influences, insofar as these are not attributable to the fault of our company or our suppliers. This also applies to unauthorized interventions, repairs or modifications to the delivery item by the customer or third parties. In such cases, the customer shall bear the full burden of proof - without any reduction in the burden of proof - that the cause of the defect already existed at the time of the transfer of risk.
In the event of notices of defects, the existence of which has been agreed between the contracting parties, payments by the customer may only be withheld to an extent that is in reasonable proportion to the material defects that have occurred. If the notice of defects is unjustified, we shall be entitled to demand compensation from the customer for the expenses incurred by us for the inspection. Further claims, in particular for compensation for consequential damage and loss of profit, are excluded, irrespective of the legal grounds, in particular due to breach of duties arising from the contractual obligation and tort. We are also not liable for installation and removal costs in commercial transactions. The above exclusion of liability shall not apply if the cause of damage is based on intent or gross negligence (of the supplier, a legal representative or vicarious agent) or on injury to life, limb or health.
Project planning work and/or the determination of the scope of delivery by us shall be carried out exclusively in the interest of the customer. We accept no liability for this unless we are guilty of intent or gross negligence.
§5 Changes to service and prices
The prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to our customers or to any third party for any modification, price change, suspension or discontinuance of the Service. Products or services (if applicable)
Some products or services may only be available in limited quantities and can only be returned or exchanged in accordance with our written returns policy.
G&E Sales makes every effort to display as accurately as possible the colors and images of the products displayed online. We cannot guarantee that the colors will be displayed correctly on your computer screen.
G&E Sales reserves the right to limit, without obligation, the sale of products or services to any person, company, geographic region or country. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or product prices are subject to change at any time without notice and at our sole discretion.
G&E Sales reserves the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited by the laws of the country in which it is made.
G&E Sales does not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
§6 Accuracy of billing and account information
G&E Sales reserves the right to refuse any order that is placed. We may, in our sole discretion, limit or cancel quantities purchased per person, company, per establishment or per order. These limits may also apply to orders placed from the same customer account or under the same bank account and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you via the e-mail address and/or billing address/phone number provided when placing the order. We reserve the right to limit or prohibit orders that, in our sole discretion, are placed by persons, companies, authorities, institutions and organizations with whom we do not cooperate or do not wish to cooperate.
§6 Exclusion of warranty
Warranty and liability
1. The agency shall only be liable for intent.
2. Warranty claims for defects are excluded unless there is a hidden defect in the software produced. Liability for this shall be limited to 12 months.
3 In the event of a timely and justified complaint about a defect, the client shall first have the right to
rectification/subsequent delivery.
4 The right of the client to rectify defects himself is excluded.
Limitation of liability
We make no warranty, representation or guarantee that the use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that we may from time to time remove the Service indefinitely or discontinue the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services made available to you through the Service are (unless expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall G&E Sales UG, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with the use of the Service or products procured through the Service or otherwise, strict liability or otherwise, arising out of the use of the Service or any products obtained through the Service, or for any other claim related in any way to the use of the Service or any product, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
§7 Indemnification
You agree to indemnify, defend and hold harmless G&E Sales UG, any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
§8 Severability
In the event that any provision of these Terms of Use is determined to be illegal, invalid or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any remaining provisions.
In the event that any provision of these Terms of Use is determined to be illegal, invalid or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any remaining provisions.
§9 Termination
The obligations and liabilities of the parties incurred prior to the Termination Date shall survive the termination of this Agreement for all purposes.
These Terms of Use shall survive termination by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or when you stop using our Website.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof) accordingly.
§10 Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of our Company's Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the party drafting the text.
Governing Law These Terms of Use and any separate agreements whereby we provide you with
services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany and international trade laws and regulations.
Reimbursement of expenses
1 Each contracting party shall bear its own customary costs arising from business transactions.
2 Any payments for cost estimates shall be offset against the order volume when the order is placed.
3 Travel costs shall be borne by the client, external costs shall be charged according to the receipts, the hours at the currently valid rate according to the price list or order and the kilometers driven in the agency car at EUR 0.50/km shall be charged.
IX Rights to the work results
The client acquires the rights to the work results upon payment.
X Reports
Three working days after a meeting between the agency and the client, the agency shall submit a report on the meeting to the client.
client a report on the meeting. This shall become the legally binding basis for the work if is not objected to within three days of receipt.
XI Revocation
In principle, contracts are concluded with entrepreneurs who have no right of revocation. If
you as the client are a consumer within the meaning of the German Civil Code (BGB), your right of withdrawal cannot be excluded. In this case, we will provide you with a withdrawal form which you can use.
can use. Please send this to the agency by e-mail or post.
SAMPLE WITHDRAWAL FORM
(If you wish to withdraw from the contract, please fill out this form and send it back to us.
back)
To G&E Sales UG (haftungsbeschränkt) at Dianastraße 96, 90441 Nürnberg, Germany
Telephone: +49 151 217 853 66; E-Mail: info@geglobalsales.com
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DECLARATION OF REVOCATION
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
goods (*)/ the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Please delete as appropriate
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XII Final provisions
1 The validity of this agreement shall not be affected by the invalidity of an individual clause.
The invalid clause shall be replaced by a clause that comes closest to the economic purpose of the original
original overall agreement.
2 The place of jurisdiction is Dresden, the location of the agency.
3 The law of the Federal Republic of Germany shall apply exclusively and not German international private law.
private law.
§11 Changes to the Terms of Service
You can view the latest version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
§12 Binding nature and validity of the above conditions
Should any of the above terms and conditions be invalid for any reason, this shall not affect the validity of the remaining provisions.
§13 Place of performance, place of jurisdiction and applicable law
The place of performance for all obligations arising from the contract or the contractual negotiations, including liabilities arising from checks and bills of exchange, is the respective registered office of the company.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all contractual disputes - including actions on checks and bills of exchange - shall be the Federal Republic of Germany. We reserve the right to take legal action at any court in Germany. The law of the Federal Republic of Germany shall apply to all legal actions.
§14 Contact information
If you have any questions about the Terms of Use, please send an e-mail to info@geglobalsales.com