and trapoFit Chemnitz GmbH
represented by Mr Peter Andreas and Mr Andreas Wöllenstein,
Address: Werner-Seelenbinder-Str. 11b, 09120 Chemnitz,
E-mail address: firstname.lastname@example.org,
hereinafter known as Supplier,
are entering into a contract on the basis of these Terms and Conditions of Business (T&Cs).
The sale of services in the workshop services sector via the Supplier’s online store shall be regulated by this contract. Reference is made to the product description on the offer page with regard to the details of the respective offer to enter into a sale.
The contract shall materialise in electronic business transactions via the store system or via other means of telecommunication such as telephone or e-mail. For such transactions the offers shown constitute a non-binding request for the submission of an offer to make a purchase by the customer placing an order which the Supplier can then accept.
The order procedure for entering into a contract covers the following stages in the store system:
In addition to placing orders via the store system, orders may also be placed by means of telecommunication (Telephone/E-mail), whereby the order process leading up to a contract of sale materialising shall cover the following steps:
The contract shall materialise when the order confirmation is sent out.
Subject to notice of termination being served, the term of the contract shall cover the services or workshop services covered. The total price shall be worked out on the basis of the following components: the total price shall be calculated for the service packages selected plus an additional 19% for VAT.
The prices shall be shown net plus the statutory rate of VAT. In addition to the final prices additional costs shall be incurred depending on the method of dispatch, which will be notified to the Customer prior to the order being placed. If the Customer is entitled to return the goods and he exercises this right, the Customer shall bear the costs of return.
The Customer shall only have the following payment options: payment by direct debit, payment through a payment service provider (PayPal), payment in cash upon collection, credit card. No other methods of payment are available and will be rejected. The invoiced amount shall be collected by the Supplier from the account stated by the Customer by means of the direct debit method on the basis of the Customer’s direct debit mandate. When using a trustee service / payment service provider, this will enable the Supplier and Customer to handle the payment between themselves. In doing so the trustee service / payment service provider shall forward the Customer’s payment on to the Supplier. You may find further information from the website of the respective trustee service / payment service provider. The invoiced amount may also be paid in cash subtracting the despatch costs charged in the Supplier’s offices during his normal hours of business. The Customer must be the cardholder when making a payment by credit card. The payment shall be debited from the credit card after the goods have been despatched. The Customer shall be obliged to pay or transfer the amount shown on the invoice within 7 days from receipt of the invoice. Payment shall be payable in full from the date of invoice. The Customer shall only be in default after he has received a payment reminder.
The service ordered shall be rendered at the agreed time and date. The Customer shall be informed straight away of any delays.
The regulations governing distance sales shall not apply for Customers which are a registered business. Consequently, this Customer shall not be entitled to a corresponding right of revocation on account of him having entered into a distance sale contract. The Supplier shall not grant such a right either.
No compensation claims asserted by the Customer for damages shall be accepted, insofar as there is nothing substantiated to the contrary by the following reasons. This shall also apply for the Supplier’s representative and assistants, if the Customer raises compensation claims for damages against them. Exceptions to this are compensation claims asserted by the Customer based upon death, personal injury or physical harm or the Supplier’s failure to fulfil important contractual duties which have to be fulfilled by necessity for the contractual objective to be achieved. Likewise, this shall not apply for compensation claims asserted for damages following a breach of duty attributable to the gross negligence or intent of the Supplier or his legal representative or assistants.
The Customer’s claims or rights against the Supplier must not be assigned or pledged without the latter’s consent, unless the Customer has a justified interest in assigning or pledging them.
The contract shall be drafted in German or English. The contractual relationship shall subsequently be handled in German or English. The contract shall be governed by the law of the Federal Republic of Germany alone. This shall only apply for consumers to the extent that no statutory regulations laid down by the state in which the Customer has his place of residence or normal whereabouts are impaired as a result. The place of jurisdiction for disputes arising with customers who are not consumers, legal entities created under public law, or special funds created under public law, shall be the courts having jurisdiction where the Supplier has his principal place of business.
Data will be collected, saved and processed by the Supplier in connection with setting up, entering into, handling and reversing a purchase contract on the basis of these T&Cs. This shall be carried out in line with the statutory regulations. The Supplier shall not pass on any personal data to third parties unless he is obliged by law to do so or the Customer has expressly consent to this in advance. If a third party is called in to provide services in connection with handling processing procedures, the provisions of the German Federal Data Protection Act shall be observed. The data notified by the Customer when placing an order shall only be used for contacting him as part of handling the contract and only for the purpose for which the data was provided by the Customer. The data shall only be forwarded to the despatch company delivering the goods as agreed in the order as far as necessary. The numerical data shall be forwarded to the bank authorised to make the payment. Insofar as the Supplier is affected by periods of time during which data must be retained, as laid down in German mercantile or tax law, some data may have to be kept for up to ten years. During the visit to the Supplier’s online store anonymised data not making it possible for conclusions to be reached and not intending such conclusions either with regard in particular to IP addresses, data, time, browser, operating system and websites visited shall be recorded. At the Customer’s request personal data shall be deleted, corrected or blocked in line with statutory regulations. The Customer may obtain information free of charge about all the personal data held about him. The Customer may contact Mr Peter Andreas at the following address if he has any queries and applications regarding the deletion, correction or blocking of personal data as well as the collection, processing and use of data: trapoFit Chemnitz GmbH, Werner- Seelenbinder-Str. 11b, 09120 Chemnitz, Tel 0371.40075400 or werkstatt@trapofit- chemnitz.de.
The invalidity of a provision in these T&Cs shall not affect the validity of the remaining provisions.
Online-Dispute resolution in accordance with Art. 14 Para 1 Online Dispute Resolution Ordinance [ODRVO]
The European Commission provides a platform for online dispute resolution [OS], which you can find at ec.europa.eu/consumers/odr/.
Reference to Section 36 Para 1 No 2 of the German Consumer Dispute Settlement Act [VSBG]: We are drawing to your attention that we are not available for participating in dispute resolution proceedings before a consumer arbitration board.