Terms of service
General Terms and Conditions
Contents
2. Contracting Party, Conclusion of Contract, Correction Options
3. Contract Language, Storage of Contract Text
4. Subject Matter of the Contract
7. Reservation of Partial Delivery
1. Scope
Our online shop is intended exclusively for entrepreneurs (business customers).
In addition to verifying your status as an entrepreneur during the ordering process, we are entitled to request proof of your entrepreneurial status by asking you to submit suitable and current documentation, for example an extract from the commercial register or a business registration certificate.
These General Terms and Conditions also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their applicability is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Entratek Partner Shop.
By listing the products in the online shop, we make a binding offer to conclude a contract for those items. You may initially place our products in the shopping cart without obligation and may correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract Language, Storage of Contract Text
The language(s) available for the conclusion of the contract are: German, English.
We store the contract text and send you the order data and our General Terms and Conditions in text form. You can view the contract text in your customer login.
4. Subject Matter of the Contract
4.1 Product Description
The applicable product description forms an essential part of the contract.
4.2 Right of Use
Any sketches, designs, preliminary products, etc. that we may create in order to fulfil the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order and within the scope contractually agreed.
5. Installation
The provision of installation services requires an express agreement.
5.1 Selection of the Service Provider
At our discretion, we provide the service either ourselves or through qualified personnel selected by us. We expressly reserve the right to have the service performed by third parties (subcontractors) acting on our behalf.
You are only entitled to request a specific person to perform the service if and to the extent that this is expressly stated in the applicable service description.
If and to the extent that third parties are engaged to perform the service, we remain fully responsible for the fulfilment of the contractual obligations.
Before engaging third parties, we will assess their reliability and suitability with regard to professional training, experience and/or ability to perform the services in accordance with the contract and will bind them accordingly.
5.2 Access to the Installation Site
The product is delivered to the installation site. You are obliged to grant the persons commissioned with the installation access to the installation site.
6. Delivery Terms
Shipping costs may be incurred in addition to the stated product prices. Further details on any shipping costs are provided with the respective offers.
6.1 Delivery Area
We deliver within Germany. We do not deliver to: East Frisian Islands.
6.2 Shipping Costs
Shipping costs may be added to the stated product prices for standard shipping. Further details on the amount of shipping costs are provided with the respective offers.
6.3 Delivery Options
We ship the products to the delivery address specified during the ordering process.
You generally have the option of collecting the goods from Entratek GmbH, Liliencronstr. 65, 21629 Neu Wulmstorf, Germany, during the following business hours: 09:30-17:00.
6.4 Delivery by Freight Forwarder
Appointment arrangement
For deliveries by freight forwarder, the freight forwarding company commissioned by us will contact you to arrange a delivery date.
Place of delivery
Delivery of the goods is limited to transporting and unloading the goods at the first public kerbside of the agreed delivery address. Delivery does not include delivery into specific rooms or the assembly and/or installation of the ordered goods unless expressly agreed otherwise.
Required local conditions
Delivery by freight forwarder is only possible if the delivery address can be reached via public roads by motor vehicles with a permissible gross vehicle weight of 2 tonnes and a minimum road width of 2.5 metres, without further official or civil-law restrictions.
The product must be capable of being transported by two persons to the agreed delivery location, particularly with regard to any doors, stairs, stairwells, etc. Information on packaging dimensions is provided with the respective offers.
If one of the above requirements is not met, or if you have any doubts in this regard, please contact us by telephone before placing the order.
7. Reservation of Partial Delivery
Subject to our own receipt of supplies, we will endeavour to ensure prompt delivery. If part of the order is not immediately available because, through no fault of our own, our reliable supplier does not supply us on time despite our having placed a matching order, we will subsequently deliver the remaining goods without charging additional shipping costs, insofar as this is reasonable for you.
8. Payment
8.1 Due Date and Default in Payment
The price is due upon conclusion of the contract unless a later date results from the following payment terms.
In the event of default in payment, we reserve the right to charge the statutory default interest of nine percentage points above the base interest rate as well as a flat-rate amount of EUR 40. Further claims remain unaffected.
8.2 Payment Methods and Invoicing
You agree that all invoices may be transmitted by email. This consent may be withdrawn at any time.
The following payment methods are generally available in our shop:
Advance payment
If you select advance payment, we will provide our bank details in a separate email and will deliver the goods after payment has been received.
Credit card
During the ordering process, you enter your credit card details. Your card will be charged immediately after the order is submitted.
SEPA direct debit
By submitting the order, you grant us a SEPA direct debit mandate. We will inform you of the date on which your account will be debited at least one banking business day in advance (so-called prenotification). A banking business day is any working day with the exception of Saturdays, nationwide public holidays, and 24 and 31 December of each year. The account will be debited after the goods have been shipped.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself using your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is submitted. Further information is provided during the ordering process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to PayPal's own criteria. We have no influence over whether these methods are offered; any additional payment methods individually offered concern your legal relationship with PayPal. Further information can be found in your PayPal account.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer the following payment options as PayPal services. Unless otherwise provided below, payment via PayPal does not require registration with PayPal. Further information is provided with the respective payment option and during the ordering process.
PayPal
To pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself using your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is submitted.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to PayPal's own criteria. We have no influence over whether these methods are offered; any additional payment methods individually offered concern your legal relationship with PayPal. Further information can be found in your PayPal account.
Invoice
The invoice amount is due by bank transfer to the bank account stated in the invoice within 14 days of receipt of the invoice and the goods. We reserve the right to offer purchase on account only following a successful creditworthiness check.
Cash payment upon collection
You pay the invoice amount in cash upon collection.
You are only entitled to a right of set-off if your counterclaim arises from the same contractual relationship or is reciprocal to our principal claim, is undisputed by us, or has been finally determined by a court.
You are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.
9. Retention of Title
We retain title to the goods until all claims arising from an ongoing business relationship have been paid in full. You may resell the goods subject to retention of title in the ordinary course of business; all claims arising from such resale are assigned by you to us in advance in the amount of the invoice value, irrespective of whether the goods subject to retention of title are combined or mixed with a new item, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect the claims ourselves insofar as you fail to meet your payment obligations.
If you combine, mix or process the goods subject to retention of title with other items, we acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title relative to the other processed items at the time of combination, mixing or processing. If your item is to be regarded as the principal item, you must transfer to us a corresponding proportion of co-ownership. At your request, we will release securities to which we are entitled insofar as the realisable value of the securities exceeds the claims to be secured by more than 10%.
10. Transport Damage
The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the goods over to the freight forwarder, carrier or other person or institution designated to carry out the shipment.
11. Data Backup
You are responsible for properly and regularly backing up your data. We are not liable for damage resulting from the loss of data insofar as you could have prevented the data loss through regular and complete data backups.
The above limitation does 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 intentional or grossly negligent breach of duty or fraudulent intent;
- 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 compliance with which the contracting party may regularly rely (cardinal obligations);
- within the scope of a guarantee promise, where agreed; or
- insofar as the scope of application of the German Product Liability Act (Produkthaftungsgesetz) is opened.
12. Warranty and Guarantees
12.1 Statutory Liability for Defects
Unless expressly agreed otherwise below, the statutory law governing liability for defects applies.
The limitations and reductions of limitation periods set out below 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 intentional or grossly negligent breach of duty or fraudulent intent;
- 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 compliance with which the contracting party may regularly rely (cardinal obligations);
- within the scope of a guarantee promise, where agreed; or
- insofar as the scope of application of the German Product Liability Act (Produkthaftungsgesetz) is opened.
Limitations applicable to entrepreneurs
In relation to entrepreneurs, only our own statements and the manufacturer's product descriptions that have been incorporated into the contract shall constitute an agreement as to the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its customary manner of use and has caused the building to be defective. Used goods are sold with all warranty rights excluded.
The statutory limitation periods for recourse claims pursuant to section 445a of the German Civil Code (BGB) remain unaffected.
Provisions applicable to merchants
Among merchants, the duty to inspect and give notice of defects pursuant to section 377 of the German Commercial Code (HGB) applies. If you fail to give the notice required thereunder, the goods shall be deemed approved unless the defect was not recognisable upon inspection. This does not apply if we have fraudulently concealed a defect.
12.2 Guarantees and Customer Service
Information on any additional guarantees that may apply and their exact terms can be found with the respective product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and objections on working days from to by telephone at and by email at .
13. Liability
For claims arising from damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health;
- in the event of intentional or grossly negligent breach of duty;
- in the event of guarantee promises, where agreed; or
- insofar as the scope of application of the German Product Liability Act (Produkthaftungsgesetz) is opened.
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 compliance with which the contracting party may regularly rely (cardinal obligations), caused by slight negligence on our part or 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 and the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
14. Final Provisions
German law applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant within the meaning of the German Commercial Code, a legal entity under 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.
Should individual provisions of these General Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain effective. Insofar as individual provisions are invalid, the content of the contract shall be governed by the statutory provisions.