Terms of Service of Electrolyte GmbH for retail customers
Subject of these terms and conditions is the regulation of all business relations between Electrolyte GmbH (Company) and retail customers (Customer). Deliveries, services and offers from Electrolyte GmbH are made exclusively on the basis of these terms and conditions.
The version of the terms and conditions in force at the time of the last concluded contract with the customer, shall apply to the relationship between Electrolyte GmbH and the Customer. Deviating conditions of the customer will not be part of the contract even if Electrolyte GmbH does not expressly object to them.
2. CONCLUSION OF A CONTRACT
Offers from Electrolyte GmbH are not binding. The same applies to information about specifications and descriptions of products. Contracts are only concluded with a written declaration of acceptance or order confirmation by Electrolyte GmbH.
The customer is bound to an order for 14 days after dispatch if it is signed by them and not yet accepted by Electrolyte GmbH. Electrolyte GmbH is entitled to accept the offer within this period. Instrumental for compliance with this deadline is the time at which the acceptance is received by the customer. The delivery of the ordered goods is also considered acceptance.
Electrolyte GmbH reserves the right to make changes in construction, specification and optical design of the delivery item for the improvement of technology or due to legal requirements at any time. This also applies to the time-frame between order acceptance to delivery. The prerequisite for this is that the delivery item has not been fundamentally or significantly changed and the change is reasonable for the Customer.
Delivery dates are only binding if expressly confirmed in the written declaration of acceptance or order confirmation. Any delivery obstacles beyond Electrolyte GmbH’s control exempt Electrolyte GmbH from the delivery obligation. In the event of such delivery obstacle, Electrolyte GmbH will inform the Customer immediately. The customer is released from their payment obligation and payments already made will be refunded. Any claim for damages due to late delivery or any delivery obstacles beyond Electrolyte GmbH’s control is excluded.
Custom manufactured delivery items are excluded from cancellation or returns unless the return is based on reasonable warranty claims. In the case of a return which does not fall within the legal right of withdrawal (refer to our cancellation policy), the costs and risks are carried by the Customer. Electrolyte GmbH will reject any deliveries where the cost is not carried by the Customer. Those deliveries are returned to sender at the cost of the sender.
4. PRICES AND PAYMENT
Prices in price lists and catalogues are subject to change and subject to adaptation.
Prices include the required German Value Added Tax unless noted otherwise.
Cheque payment is only accepted conditionally.
The Customer may only offset their own claims agains the claims of Electrolyte GmbH if the counterclaims are undisputed or legally established. The Customer is also entitled to retention for counterclaims from the same contractual relationship.
Additional services and costs, such as packaging and freight costs will be charged separately. Unless otherwise agreed, the deliveries of Electrolyte GmbH are ex works.
It should be noted that deliveries to non-EU member states incur customs duties and import VAT on the Customer.
Unless otherwise agreed, payment is due within 10 days of invoicing. All fees and expenses are charged to the Customer. The payment must be credited to Electrolyte GmbH without deduction.
Until full payment of all claims that are due to Electrolyte GmbH from the current business relationship with the Customer, all sold goods remain property of Electrolyte GmbH. During this period of retention of title, the customer is obliged to maintain the proper condition of all goods. The Customer may not sell or otherwise dispose of the goods for the period of retention of title.
6. INVESTIGATION OBLIGATION AND LEGAL REMEDY (WARRANTY)
The Customer has to examine the delivered goods immediately after receipt for defects and report obvious defects within 8 days after receipt of the goods. If the goods have been damaged during shipping and it is already recognisable upon delivery, the Customer has to get a damage confirmation issued by the shipping carrier.
Any complaint must be made in writing and accompanied by supporting documents.
Damage claims due to obvious material defects of the delivered goods are excluded if the Customer has not notify the defect to Electrolyte GmbH within 2 weeks of delivery of the goods.
Electrolyte GmbH is entitled to determine the type of supplementary performance (repair or replacement), taking into account the interests of the customer and the type of defect. No further claims for damages can be made. In particular, Electrolyte GmbH is not liable for damages resulting from improper use of the goods.
The liability of Electrolyte GmbH for damages, for whatever legal reason (in particular in case of delay, defects or any other violation) is limited to the contract-typical, foreseeable damage.
This limitation of liability does not apply to liability for wilful misconduct or gross negligence for guaranteed characteristics due to injury to life, limb or health, or under the Product Liability Act.
Warranty claims of the Customer, with the exception of batteries, are subject to a limitation period of 24 months from the date of transfer of risk. For batteries, the warranty period is 12 months from the date of transfer of risk.
7. JURISDICTION AND APPLICABLE LAW
Jurisdiction for all disputes arising from the business relationship with the Customer is the headquarters of Electrolyte GmbH.
8. DATA STORAGE
9. INEFFECTIVENESS OF SINGLE PROVISIONS
Should a provision in these conditions be or become ineffective, it will not affect the validity of all other provisions. In place of the invalid provision, a provision shall be reached which, as long as the interests of both parties are properly balanced, achieves the commercial purpose pursued by the ineffective provision as closely as possible. The same applies in the case of a gap.
As of: June 2014