General Terms and Conditions
(with legal information)
- Area of Validity
- Contractual Partners
- Offers and Contractual Agreement
- Right of cancellation
- Prices and Delivery Costs
- Delivery
- Payment
- Delay in payment
- Reservation of proprietary rights
- Warranty
- Repairs
- Transport damages
- Interruption of operation, closure and limitations of the business
- Place of Performance and Court of Jurisdiction
- Effectiveness
General Terms and Conditions
(The following Terms and Conditions include legal information regarding the rights following the rules and regulations of the contracts within the Distance Selling Act und within electronic business operations.)
1. Area of Validity
The following General Terms and Conditions apply to all deliveries of goods of EMCOTEC embedded controller technologies GmbH to customers ($ 13 BGB the German Civil Law).
2. Contractual Partners
The sales agreement is between EMCOTEC embedded controller technologies GmbH, Robert Hussmann, Waldstr. 21, 86517 Wehringen, Germany. Commercial register: County Court Augsburg HRB 16761. For general enquiries, reclamations and complaints please contact our customer service team on +49 (0) 8234 / 95 98 9 - 50 or via email: shop@rc-electronic.de (Mon-Fri: 9am - 4pm).
3. Offers and Contractual Agreement
3.1 The display of the products in the online-shop is not a legally binding offer, but represents the range of products for ordering purposes. All offers are subject to availability if not stated otherwise. All rights reserved.
3.2 By clicking the button "Confirm order" you agree to the legally binding order of the products listed. The sales agreement is valid as soon as your order is confirmed by a confirmation email which is sent out shortly after the actual order has been made.
4. Right of cancellation
4.1 Consumers have the right of cancellation - $ 13 of the German Civil Court (BGB).
Consumers only have the following legal right of revocation:
Information on right of revocation
Right of revocation
You may revoke this contract within 14 days, without giving any reasons, in writing (e.g. by letter, fax or email), or, if you have received the goods before the revocation period has lapsed, by sending back the goods. The revocation period begins at the earliest when you receive this information on your right of revocation, but not earlier than when receiver has obtained the goods (in the case of recurring deliveries of similar goods not before the first partial delivery has been made), and not before our obligation to inform you in accordance with article 246 § 2 in connection with § 1 section 1 and 2 EGBGB as been fulfilled as well as our obligations in accordance with § 312e paragraph 1 sentence 1 German Civil Code in connexion with article 246 § 3 EGBGB. For keeping within the revocation period it is sufficient that you send off the revocation statement, or the goods themselves, within said period. Your declaration of revocation is to be addressed to:
EMCOTEC
embedded controller technologies GmbH
Waldstr. 21
D-86517 Wehringen
Authorized representative: Robert Hussmann
Phone +49 (0) 8234 / 95 98 9 - 50
Fax +49 (0) 8234 / 95 98 9 - 59
Email: shop@rc-electronic.de
Right of revocation and return is not valid for distance contracts
- concerning delivery of goods which have been made to the customer's specifications or
- clearly specially made in response to the personal requirements of customer or
- which, due to their consistency, are not suitable for sending back
- concerning delivery of audio or video recordings or concerning software, if the delivered media have been unsealed by customer.
Consequences of revocation
In the case of an effective revocation, any service already performed, or item already handed over, is to be returned. Any benefit drawn from such service or item, such as interest rates, is to be returned. If you cannot return the item you have received in whole and in undamaged condition, you are obliged to compensate for lost value. Regarding goods in the possession of customer, this does not apply if the deterioration is due exclusively to inspection of the thing - as it would have been possible in a store. You may avoid the obligation to compensate for any deterioration of the goods which has occurred by proper use of the goods by not treating the item as your own property, and by avoiding any treatment of the item which will affect its value. Items which are suitable for mailing in a package are to be returned. The risk during transit is ours. If the price of the goods to be sent back is not higher than 40 Euro, you are obliged to pay for the shipment cost incurred by the returned goods. You are also obliged to pay for the shipment cost incurred by the goods to be returned, if at the time of revocation you have not yet given full consideration or made a partial payment for said goods. In all other cases, shipping is paid by the receiver. If item is not suitable to be mailed as a package, it will be picked up from you. Any obligation to reimburse an amount must be fulfilled within a period of 30 days. The period begins at the time of mailing off your declaration of revocation or the goods themselves.
End of information on right of revocation |
4.2 The Right of cancellation excludes goods which have been specifically made following customer's specifications or which have been tailored around a customer's needs or goods which have been unsealed (i.e. Audio, video or software materials)
4.3 Please avoid any damages and contamination of the goods. Please return the goods in their original packaging including all additional equipment and packaging component parts. If necessary, please use an alternative way of protective outer packaging. If you no longer possess the original packaging please ensure that you provide suitable packaging with sufficient protection against any potential transport damages.
4.4 Please return the goods via recorded delivery and keep the receipt. We are happy to refund the delivery costs prior to the return of the goods if they were paid by yourself.
4.5 Please contact us on +49 (0) 8234 / 95 98 9 - 50 to arrange receipt of returned item to expedite the return process. Through this method it will allow us a fast way of allocating your returned goods.
4.6 Please keep in mind that the terms mentioned under 4.3, 4.4 and 4.5 are not condition for the effective exercise of the Right of cancellation.
5. Prices and Delivery Costs
5.1 The prices stated on the product websites are in Euros inclusive of VAT. We deliver to customers outside the European Union at net price (excluding German VAT). We also deliver to foreign customers within the European Union with valid VAT ID Number at net prices (excluding German VAT).
5.2 In the case of a price increase or decrease in between the time of the order and the actual delivery we would take the price at the time of the order as the valid one. If you log on to the online shop with your user number, you will find the valid prices particular to your country.
5.3 We charge delivery costs additional to the actual cost of the goods. The delivery costs are dependent on the country of destination, the kind of delivery you choose and the content of your order. You can view the different delivery types with their costs and conditions displayed on the delivery cost charter which you can find on our product pages, also viewable through the shopping basket system. Individual products may need an extra charge additional to delivery costs. The overall delivery costs will be displayed in the shopping basket system and on the actual order page.
5.4 If you chose to pay COD (cash on delivery) there will be an extra conveyance charge which the postman will charge on site.
6. Delivery
6.1 The time of delivery usually takes 3 working days. If different delivery times apply to certain goods you will find out on the product pages.
6.2 We will inform you if the ordered item can't be delivered on time. In such case you have the option to either wait for the product or cancel the order. If you decide to cancel the order any charges paid will be reimbursed.
6.3 If there is no offence by negligence, compensation is excluded even in case of delayed or incomplete delivery. We only warrant for deliveries not within the period stipulated and in case of breach of contract if we committed gross negligence or out of intention. The warranty is limited to the invoice value of the damaged goods, if legal requirements don't state otherwise.
7. Payment
7.1 The payment takes place either against prepayment, COD, invoice, credit card or by means of a debit entry.
7.2 We notify you of our bank details in the order confirmation if you chose the option 'prepayment' and deliver the order after receipt of payments.
7.3 You only qualify for the right of compensation when the claims against us are legally justified or confirmed by us in writing.
7.4 You can only exercise the right of retention if your claims result from the same contractual agreement.
8. Delay in payment
8.1 If payments haven't been received by the end of the payment deadline we won't issue a further reminder. For the duration of the delayed payment (due date until the actual date of the payment) we are entitled to charge you interest (bank interest rates apply) as well as running costs. If it becomes evident that the customer will not fulfil their contractual obligations, we are entitled to terminate the contract. Please understand that any further orders and deliveries can only be made against prepayment or cash on delivery.
8.2 If payments are still not made after further warnings we will pass on this case to our collection agent.
9. Reservation of proprietary rights
The delivered goods remain property of EMCOTEC until full payments of all outstanding claims of the contractual agreement have been received.
Payments received means that they will have to be received on our bank accounts.
10. Warranty
10.1 Please let us know immediately if our delivered goods have manufacture or material damages. The warranty applies under the legal requirements. All errors which occur during the legal period of warranty of two years can be replaced or repaired and include - by providing the legal conditions - the right to terminate the contract.
You should allow us two improvement attempts. If the repair is uneconomical your entitlement is limited to the replacement option.
10.2 Following legal consultation, a claim for compensation is excluded if we are not legally liable for gross negligence and intention. The warranty is limited to the invoice value of the damaged item.
10.3 The legal warranty of two years does not include products whose appropriate usage by the operator or the operation itself can not be warranted, such as batteries or rechargeable accumulators. This also applies to damages or errors in products which are not appropriately used as suggested in the instruction manual.
11. Repairs
11.1 Please keep in mind the following if you send our purchased items for repair:
- Please frank your postage and add your address and customer ID number.
- If postage is not franked sufficiently or if postage is not franked we will not accept the delivery and its charges.
- Please enclose a copy of the invoice and warranty card (if existent)
- We also need a detailed description of the faults ('broken' is no sufficient fault description and would cause a pricy and time consuming search for the actual fault)
- We would also need your telephone number under which we can reach you during the day for any potential queries.
11.2 Repairs without receipt will always have to be charged by our customer service department.
11.3 We would have to apply you a handling charge of €15,- if your sent in goods turn out to be functioning.
12. Transport damages
Transport damages - if noticeable externally - have to be reported immediately to the delivering conveyance company. We advise that you accept the delivery only with reservation and request written acknowledgement of the externally noticeable damages. Please also get in touch with us via telephone to report the damages.
13. Interruption of operation, closure and limitations of the business
We do not warrant for damages which are caused by interruption of operation of our business as a consequence of an act of nature (i.e. natural catastrophes, traffic interruptions, industrial action). The same applies if we have to shut our business for important reasons on individual days or for a designated time. We can also not guarantee a 100% availability of our online shop.
14. Place of Performance and Court of Jurisdiction
Place of performance for both parties is Bobingen, Germany. The Court of jurisdiction for both parties for any disputes arising from this contractual relationship is Augsburg, Germany.
15. Effectiveness
The invalidity or enforceability of any provisions of the terms and conditions shall not impair the validity or enforceability of any other provisions, provided, that the contract shall be reformed to the maximum extent permitted by law to carry out the parties' original intention.
