General Terms & Conditions

ASMETEC GmbH - Trade Terms and Conditions

1. Scope of these terms and conditions ("Terms")
1.1 This webshop is only for B2B-customers, endusers cannot order in our shop but may buy our products in out local shop in Kirchheimbolanden
1.2 These Terms exclusively govern the relationship between ASMETEC GmbH, Trobert-Bosch-Str. 3, 67292 Kirchheimbolanden, Germany (furtheron called "we" or "us") and the customer ("you"). No terms of purchase or order provided by you the customer will apply. We reserve the right to alter our Terms from time to time, but only the Terms in force at the time of the conclusion of an order will apply to such order, regardless of any subsequent amendments. The latest version of our Terms is available at www.asmetec.de ("our webshops") or on request.In addition to these Terms, any licence terms and conditions from or with the manufacturer of a product on our webshops may also apply. Product names and logos are the property of the manufacturers and may not be used without their express permissionProduimages appearing on our webshops are provided by way of illustration only and may differ from the products actually delivered.
1.3 We can accept orders, from and deliver to, countries outside Germany if the particular country can be selected in the country menu of our Site and subject to any legal restrictions which may apply. If you require delivery to a country which is not on the menu, please contact us directly at info@asmetec.de we will try to help you if we can.
1.4 These Terms and Conditions supersede and replace all previous versions.
1.5 The information we provide about our products (including specifications) and any offers on our webshops are subject to change. We continually undertake technical development and improvement of products and we reserve the right to make changes in design and specification. This also applies to, but is not limited to, modifications which we make in order to maintain our ability to deliver our products, and any price adjustments. Up-to-date prices can be viewed on our webshops: www.asmetec-shop.de, www.asmetec-art.de
2. Contract Formation
2.1 The presentation of products on our webshops does not represent a legally binding offer. By clicking the "purchase" button you place a binding order ("Order") for the goods. Upon receipt of your Order we will immediately send you an acknowledgement ("Acknowledgment"); however, the Acknowledgment does not constitute acceptance of your Order. We will accept your order by sending a confirmation email, or by delivering the goods within 3 workinbg days of our acknowledgment. If you are unable to place your order via our webshops, you can send a written order to info@asmetec.de
2.2 Contract language in Germany is German, in all other countries German or English.
2.3 All sales are expressively based on ly on German Law
3. Exercise the right of revocation
3.1 Since we opnly deal based on B2B there is no right of a revocation
3.2 In the event you want to return goods, please contact Asmetec (email info@asmetec.de) prior to any actions. An agreement of returning goods is based on our goodwill and will cause charges for inspection the goods of minimum 20 Euro rps. 20% of goods value.
4. Return of Goods
4.1 Return only after our written agreement In the event you want to return goods, please contact Asmetec (email info@asmetec.de) prior to any actions. An agreement of returning goods is based on our goodwill and will cause charges for inspection the goods of minimum 20 Euro rps. 20% of goods value.
4.2 Returned goods must arrive as ASMETEC well packed, un damaged and without additional cost. We will reject unauthorized and unpaid returns.
4.3 If you have already paid for the goods, we will immediately refund this amount to you once we have received and checked the goods in accordance with our Terms.
5. Prices
5.1 The prices listed on our webshops are in Euro, excl. VAT at the time that you place your order are valid for the delivery of your goods. For deliveries to B2B customers in some European countries we are obliged to charge the country-specific VAT rate unless you can provide a valit VAT-number. The VAT rates included in the prices correspond to those of the country pre-selected on our webshops, insofar as legally required.
5.2 All prices are indicated without shipping costs. The shipping costs are determined in the online shop depending on the weight of packages and the destination country.
5.3 Additional charges such as delivery charges and VAT are shown on invoices next to the individual net price/total net price.
5.4 Special offers featured on our webshops may be subject to a time limit or may be quantity-dependent. Details are provided in the product description.
6. Payment terms
6.1 Payment methods:We only export based on prepayment either via T/T to our bank accolunt with all banking charges to be born by customer your via Paypal wioth 3% paypal charge)
6.2 Payment delayIf you should default on payment, we reserve the right to charge you default interest of 5% above the respective basic interest rate specified by the German Central Bank. The customer has the right to furnish proof that no default damages or only lesser default damages were incurred. In the case of default, we are also entitled to suspend all deliveries of any other Orders or purchases you have made until payment in full has been made. We will not be liable to you for any loss you suffer as a result from this non-delivery.
7. Availability for delivery / partial delivery / replacement delivery
7.1 Delivery of goods is subject to this availability and delivery by our suppliers. Subject to clause 11 below, we exclude liability for loss or damage caused by delayed or incomplete delivery.If goods are no longer available, we may, with your express prior approval, send goods of equivalent price and quality ("Replacement Goods"). In the event that you are dissatisfied with the Replacement Goods, you can return them to us free of charge. In the event of the unavailability of Replacement Goods, we may cancel the Order. In this case, we will immediately inform you of this and immediately refund any payments already made to us (including any delivery costs).If any good(s) should be unavailable in the short-term, we will decide, in our own absolute discretion, whether a subsequent delivery will take place free of charge, or if the good(s) is/are listed in an invoice with the instruction: "Please re-order".
7.2 We may ship your order in more than one delivery and you are not entitled to refuse a delivery on this basis.
7.3 Transport damage: If there is any visible damage which has been sustained in transit, you have the right to refuse acceptance of the shipment. However, if you do not discover the damage until after receipt or if there is concealed transport damage (i.e. where the package is in good condition, but the contents are defective), please contact the responsible freight carrier within three working days of receipt in order to register the damaged delivery. Please fill in the form and send it to us with the damaged goods so that a replacement delivery can be made.8. Retention of title
8.1 The goods remain our property until payment for them has been made by you to us in full.
9. Software, licenses, literature
9.1 In many cases the specific articles (e.g. software for microscope cameras) are subject to the manufacturer’s licence conditions, which apply in addition to these Terms. By opening the sealed package and/or using the product, you accept the manufacturer?s licence conditions and are liable for the damages resulting from any breach of the same.
10. Warranty
10.1 We warrant that the delivered items are of satisfactory quality and are suitable for the use which is normal for this type of item.
10.2 For business (i.e. those exercising their commercial or professional activities) the warranty period is twelve months from the date of shipment of the purchased item.
11. Liability
11.1 We will not be liable in the case of data loss or destruction. You as the customer are responsible for the safeguarding of your data.
11.2 ASMETEC GmbH is not liable for slightly negligent breaches of duty, insofar as they do not pertain to essential contractual duties or damages result from injury to the life, limb or health or are substantiate claims in accordance with the German Product Liability Act. ASMETEC GmbH is only liable for damages which are based on fraudulent concealment of the defect or if ASMETEC GmbH has provided a guarantee for the properties of the goods.
11.3 Insofar as ASMETEC GmbH is also liable for slight negligence, the liability is limited to the amount of the damages which are typically foreseeable for this type of contract.
11.4 The exclusion of liability in this clause 11 also applies to the liability of legal representatives, employees and agents of ASMETEC GmbH.
11.5 The above regulations reflect the full scope of liability of ASMETEC GmbH, its management and its employees. Any further liability is excluded.
12. ElektroG
12.1 The Purchaser shall indemnify ASMETEC GmbH from the obligation to return pursuant to § 10 (2) ElektroG and related rights of third parties. The purchaser shall ensure in all cases and at its own expense the equipment valid in the respective country for all equipment types supplied to outside Germany in the sense of the ElektroG, and shall indemnify ASMETEC from this obligation to take back the goods, the corresponding official notifications and incidental disposal costs.
12.2 In the case of the resale of the delivered goods to commercial third parties, the customer is free to impose the obligation to take back the goods according to § 10 para 2 ElektroG to the third party or to fulfill the existing obligation to take back the goods itself.
12.3 The exemption claim of ASMETEC GmbH does not become statute-barred before 2 years after the final termination of the use of the device, which the customer has to inform ASMETEC in writing. The deadline begins at the earliest upon receipt of this message. The latest legal texts on the ElektroG can be found at http://www.elektrogesetz.de
13. Data privacy
You agree to the processing of your personal details for the purposes of executing these Terms and, additionally, in line with our privacy statement
13.1 We will not transfer personal data to third parties for commercial purposes. Excluded from this are service partners required for the processing of your order. This includes transport companies, our financial service partners, suppliers in warranty cases and advertising distributors for our online and print promotions (e.g. retargeting announcements or shipments of catalogues).
13.2 Insofar as we provide credit for payments, we may collect information about your previous payment activities and credit information on the basis of mathematical-statistical processes using address data (scoring) from Infoscore Consumer Data GmbH , Rheinstraße 99, 76532 Baden-Baden,Germany, Creditreform Oldenburg Bolte KG, Neue Donnerschweer Straße 36, 26123 Oldenburg, Deutschland as well as Schufa Kormoranweg 5, 65201 Wiesbaden, Germany. In this connection we will provide your personal data required for this credit check to the provider concerned.
13.3 A transfer of any data to service partners always takes place in accordance with the regulations of the German Data Protection Act (BDSG) and the German Broadcast Media act (TMG). The scope of the transfer is limited to the necessary minimum.
13.4 As the customer, you are entitled to refuse the use of your address data for future advertising purposes on our part at any time. Send your notification of refusal to:ASMETEC GmbH, Robert-Bosch-Str. 3, 67292 Kirchheimbolanden, GermanyFax: +49 (0)6352-7506829, E-Mail: info@asmetec.de
14. Export control, embargo regulations
14.1 Certain products with US-American origin, which are marketed by ASMETEC GmbH, may be subject to US-American as well as European and German export restrictions. You as a customer agree to comply with all restrictions and regulations of the USA, of Germany/EU and/or all other foreign governments or authorities. You also agree not to supply these products either directly or indirectly to countries which are subject to a trade embargo, or to Companies or individuals who are named in the US Denied Persons List or similar lists.You as our customer are legally obliged to inform all recipients of such products on the need to comply with these laws and regulations.
15. Miscellaneous
15.1 Insofar as you as the customer are an business customer in the sense of Article 14 of German Civil Code, the place of fulfilment for all services owed by both parties from the contract is Kaiserslautern, Germany.
15.2 Orders sent multiple times - regardless of the reason - must be clearly identified, , otherwise each order will be treated as a new order and fulfilled separately. We will not be liable for any costs in such cases.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts Rights or otherwise.
15.4 If individual regulations of these General Terms and Conditions should be partially or wholly invalid, the validity of the remainder of these General Terms and Conditions shall not be affected.
16. Governing Law, Jurisdiction and EU online dispute resolution
16.1 German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
16.2 The exclusive jurisdiction is Jever or another legal jurisdiction according to the discretion of ASMETEC GmbH, insofar as you as the customer are a merchant in the sense of German Commercial Code or a corporation under public law.
16.3 Since 15 February 2016 the EU Commission provides a platform for settling out-of-court disputes at http://ec.europa.eu/consumers/odr/. This allows consumers to resolve disputes connected with your online order without initial recourse to a court of law.In the event of differences of opinion arising from our contract with you as a customer, however, we always strive to resolve such disputes directly with you – quickly and by mutual agreement. We therefore do not participate in the online dispute arbitration of the EU. Instead, we offer you an in-house arbitration solution – feel free to contact us at info@asmetec-de.


Identifiable address:
ASMETEC GmbH
Managing director: Reinhard Freund
Carl-Benz-Str. 4
67292 Kirchheimbolanden
Germany
Commercial Register: HRB 30256, AG Kaiserslautern, Germany
VAT no.: DE 252725237
WEEE-Nr.: DE 74399040
Tel.: +49 (0) 6352-75068-0
Fax: +49 (0) 6352-75068-29
E-Mail: info@asmetec.de