General Terms and Conditions
  • Business customers
  • Business customers UK
  • Onlineshop
  • Private customers

General Terms and Conditions


Sales and delivery conditions
General Terms and Conditions of ANSMANN AG / version 07-2008

I. Applicability

  1. All deliveries, services and offers of the seller are exclusively made on the basis of these General Delivery Conditions. They are a component part of all contracts concluded by the seller with its contractual partners for deliveries it offers. They also apply to all future deliveries or offers to the client, even if they have not been separately agreed.

  2. Terms and Conditions of the client or third parties do not apply, even if the seller has not separately rejected their validity in individual cases. Even if the seller makes reference to a letter which contains or refers to Terms and Conditions of the client or a third party, this does not count as an agreement with the applicability of those Terms and Conditions.

II. Offer and contract conclusion

  1. All offers of the seller are subject to change and are non-binding, provided they are not explicitly marked as binding or contain a certain term of acceptance. The seller can accept orders or purchase orders within 14 days of receipt.

  2. The written concluded purchase contract alone is authoritative for the legal relationship between the seller and buyer, including these General Sales and Delivery Conditions. This fully reflects all agreements between the contractual parties on the subject matter of the contract. Verbal assurances of the seller before the conclusion of this contract are not legally binding and verbal agreements of the contractual parties are replaced by the written contract, provided it does not explicitly state that the verbal agreements are still binding. Supplements and amendments to agreements, including these Terms and Conditions, have to be made in writing in order to have effect. With the exception of general managers or authorised signatories, the employees of the seller are not permitted to make verbal agreements which deviate from these conditions.

  3. Information from the seller about the subject matter of delivery (e.g. weights, dimensions, functional values, resilience, tolerances and technical data) as well as our depictions (e.g. illustrations and figures) are only indicative, provided the application for the contractually intended purpose does not require a precise agreement. They do not represent a guarantee of characteristics, but are merely descriptions or markings of the delivery or service. Trade-standard deviations and deviations which are made due to legal regulations or technical improvements, as well as the replacement of components with equivalent parts are permitted, provided they do not affect the application according to the intended contractual purpose.

  4. The seller retains the ownership or copyright on all offers and quotations it makes as well as all illustrations, drawings, calculations, brochures, catalogues, models, tools or other documentation and aids which it has made available to the client. The client is not permitted to either make the subject matter of this contract or its content available to third parties without the explicit agreement of the seller, or to use it or reproduce it itself or via third parties. The client has to hand back the subject matter on request of the seller in full and to destroy any copies, if they are no longer needed in the normal course of business or if negotiations do not lead to the conclusion of a contract.

III. Prices

  1. Provided nothing contrary arises from the order confirmation, the prices of the seller are valid “ex works”, excluding packaging, which is invoiced separately. The seller reserves the right to suitably alter its prices, if costs decrease or increase after the conclusion of the contract, in particular due to labour agreements or changes in the price of materials. This has to be proved by the seller at the client's request. The legally applicable VAT is not included in the prices of the seller, and shall be separately stated in the invoice at the legally-applicable amount on the invoice date.

IV. Payment conditions

  1. The payment of the invoiced amount (net price plus VAT) has to be made within 30 days of the date of invoice, without deductions, in EUROS. A discount is only agreed under the pre-requirement that all previous invoices have been paid. In calculating the discount the net invoice value is authoritative after the deduction of discounts, freight, VAT etc. Payments by bill of exchange are subject to prior agreement. Bills of exchange and acceptance are only accepted on a cash basis. They are only accepted upon the charging of discount fees and other costs. Bills of exchange and acceptance do not count as cash payments and do not authorise the client to a discount from the invoiced fee. The seller only accepts bills of exchange subject to their ability to be discounted. If the discounting of a bill of exchange is rejected by the bank of the seller, then the payment has to be made in full, in cash. The seller assumes no guarantee for the timely discharge and protest. Immediate payment in cash (even during the term of a bill of exchange) can be demanded by the seller, if the pecuniary circumstances of the client considerably worsen or if the seller receives information after the conclusion of the contract that the client was adjudged to be in payment difficulties at the time of the conclusion of the contract. The seller can demand securities for the services and deliveries made up to this point, and the seller also reserves the right to only supply based on payment on delivery or in advance, or to withdraw from the contract, without the client being able to assert any claims against the seller. In these cases the buyer is obliged to return the goods to the seller immediately and to send them back to the seller at its own cost.

  2. If the buyer is in default of a payment, then the legal regulations apply.

  3. The client is only entitled to off-set rights, if its counter-claims are determined to be legally-valid, are uncontested or recognised by the seller. In addition the client is permitted to exercise a right of retention provided its counter-claim affects the same contractual relationship.

  4. The seller practices factoring. The seller reserves the right to cede all future receivables as well as all other business-related activities resulting from the contractual relationship with the client to the factor. The client doesn’t raise any objections. The prevailing payment conditions are neither affected nor changed by this clause.

V. Delivery and delivery time

  1. Deliveries are made ex works, provided nothing else is agreed.

  2. Deadlines and periods for deliveries and services given by the seller are at all times only approximate, unless a fixed period or deadline has been explicitly accepted or agreed. If a dispatch has been agreed then the delivery periods and deadlines refer to the time of the transfer of the goods to the freight forwarder, haulier or any other third party contracted with the transport.

  3. The seller can – regardless of its rights from a default of the client – demand an extension to the delivery or service periods or a postponement of the delivery and service deadlines by the period in which the client did not meet its contractual obligations to the seller.

  4. The seller is neither liable if it is impossible to make the delivery nor for delivery delays, if they are due to force majeure or other events which are not foreseeable at the time of the conclusion of the contract (e.g. all kinds of operating malfunctions, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lock-outs, lack of work force, energy or raw materials, difficulties in the procurement of necessary official permits, official measures or the lacking, incorrect or late delivery by suppliers), which the seller has not caused. If these events make it extremely difficult or impossible for the seller to perform the delivery or service and the hindrance is not just of a temporary nature, then the seller is authorised to withdraw from the contract. In case of temporary hindrances, the delivery or service periods are extended or postponed by the duration of the hindrance plus a suitable start-up period. If the client is not to be expected to accept the delivery or service due to the delay, then it can withdraw from the contract by issuing an immediate written declaration to the seller.

  5. The seller is only permitted to make part deliveries, if the part deliveries can be used by the client within the scope of the contractual purpose, the delivery of the rest of the ordered goods is guaranteed and the client does not incur significant extra expense or additional costs as a result (unless the seller declares that it is prepared to assume these costs).

  6. If the seller is late with a delivery or service or if it is impossible for the seller to perform a delivery or service, regardless of the reason, then the liability of the seller is limited to compensation in accordance with point IX of these General Terms and Conditions.

VI. Place of performance, dispatch, packaging, transfer of risk and acceptance

  1. The place of performance for all obligations from this contractual relationship is 97959 Assamstadt, provided nothing contrary is stated. If the seller is also due to carry out the installation, the place of performance is the site where installation is to take place.

  2. The type of dispatch and packaging are subject to the discretion of the seller, exercising all due care and diligence.

  3. The risk is transferred from the freight forwarder, haulier or any other third party contracted with the delivery to the client at the latest with the handover of the contractual item (whereby the start of the off-loading process is authoritative). This also applies if part deliveries are made or the seller has taken on other services (e.g. dispatch or installation). If the dispatch or hand-over is delayed due to circumstances which are caused by the client, then the risk is transferred to the client on the day when the seller is ready to delivery and has notified the client of this.

  4. Storage costs after the transfer of risk are to be borne by the client. If the goods are stored by the seller then the storage costs amount to 0.25% of the invoiced amount of the stored items for delivery per lapsed week. The right to claim and provide proof of further or lower storage costs is reserved.

  5. The delivery is only insured by the seller against theft, breakage, transport, fire and water damage or other insurable risks on the explicit desire of the client and at their expense.

VII. Guarantee

  1. The guarantee period is one year from delivery.

  2. The items delivered are to be carefully examined immediately after their delivery to the client or a specified third party. The items are deemed to be approved, if the seller does not receive a notification of defects with regards to evident defects or other defects which could not be recognised in an immediate, careful examination, within 7 days of the delivery of the contractual item or otherwise within 7 days of the determination of the defect or the moment when the defect was detected under normal application of the contractual item without closer examination. At the seller‘s request the defective contractual item is to be sent back to the seller free-of-charge. In case of justified notification of defects the seller shall compensate the client for the costs of the least expensive delivery mode; this does not apply if the costs increase because the contractual item is at a location other than the place where it is intended to be used.

  3. In case of material defects to the contractual items the seller is obliged and authorised to remedy the defect or provide replacement delivery within a suitable period, at its discretion. In case of the failure i.e. inability, unreasonableness, refusal or unacceptable delay of the remedy or replacement delivery, the client is permitted to withdraw from the contract or reduce the purchase price suitably.

  4. If a defect is due to the fault of the seller the client can demand compensation at the pre-requirements stated in point IX.

  5. In case of defects to components of other manufacturers, which the seller cannot remedy due to the license law or for technical reasons, then the seller shall, at its discretion, assert its guarantee claims against the manufacturer and suppliers for the account of the client, or assign the claims to the client. Guarantee claims against the seller only exist for defects of this kind, provided the other pre-requirements are met and in accordance with these General Terms and Conditions, if the legal assertion of the afore-mentioned claims against the manufacturer and suppliers was unsuccessful or there is no prospect of success, for example due to insolvency. During the course of the legal dispute the limitation period for the affected guarantee claims of the client against the seller is suspended.

  6. The guarantee expires if the client alters the contractual item without the agreement of the seller or has a third party make the alteration and this makes the removal of the defect impossible or unreasonably more difficult. In any case the client has to bear the additional costs for the remedy of the defect caused by the alteration.

  7. A delivery of used items agreed individually with the client is excluded from any guarantee.

VIII. Property rights

  1. According to point VIII of these conditions the seller shall be responsible for ensuring that the contractual item is free from industrial property rights or copyrights of third parties. Each contractual partner shall inform the other immediately in writing if claims are asserted against them due to the violation of rights of this kind.

  2. If the contractual item violates an industrial property right or copyright of a third party, then the seller shall modify or exchange the item at its discretion and expense, so that the rights of third parties are no longer violated, but the contractual item still meets the contractually agreed function, or shall obtain the rights of use for the purchaser by concluding a licence agreement. If the seller is unable to do this within a suitable period of time then the client is authorised to withdraw from the contract or to suitably reduce the purchase price. Any compensation claims of the client are subject to the limitations of point IX of these General Terms and Conditions.

  3. In case of legal violations by products of other manufacturers supplied by the buyer, the seller shall, at its discretion, assert its claims against the manufacturer and pre-suppliers for the account of the client or assign the claims to the client. In these cases claims against the supplier only exist in accordance with point VIII, if the legal assertion of the afore-mentioned claims against the manufacturer and pre-suppliers was unsuccessful or there is no prospect of success, for example due to insolvency.

IX. Fault-based liability for compensation

  1. The liability of the seller for compensation, regardless of the legal grounds, although in particular for inability, delay, defective or incorrect delivery, contractual violation, violation of obligations in contractual negotiations and tort is limited according to this point (IX), provided it is due to their fault.

  2. If it is not a violation of a material contractual obligation, then the seller is not liable in case of simple negligence of its agents, legal representatives, employees or other vicarious agents, and in case of gross negligence of its non-executive employees or other vicarious agents. Material contractual obligations are obligations to on-time, defect-free delivery and installation as well as obligations for consultation, protection and to exercise due care, which should make it possible for the client to use the contractual item according to the contract, or to protect the life or limb of personnel of the client or third parties or the property of the client from significant damage.

  3. If the seller is liable to compensation as per point IX, paragraph 2 on merits, this liability is limited to damages which the seller had anticipated as possible consequences of a contractual violation when the contract was concluded, should have known under consideration of the circumstances which it was aware of, or which it should have expected under the application of due care. Indirect damages and consequential damages, which are the consequence of defects to the contractual item, are also only reimbursable if the damages are typically to be expected under proper use of the contractual item.

  4. In case of liability for simple negligence the obligation of the seller to provide compensation for material or personal damages is limited to €5,000,000.00, even if this affects a violation of a material contractual obligation.

  5. The existing liability disclaimers and limitations apply to the same extent for the benefit of agents, legal representatives, employees and other vicarious agents of the seller.

  6. If the seller provides technical information or consulting services and this information or consulting is not part of the contractually agreed scope of services owed by the seller, this is made without remuneration and excluding all liability.

  7. The limitations of this point (IX) do not apply to the liability of the seller due to wilful conduct, for guaranteed characteristics, due to injury to life, limb or health or in accordance with the Product Liability Act.

X. Retention of title

  1. Until all claims are met, including all balance claims from the current account, which the seller is currently or in the future entitled to raise against the client, the delivered goods (retained goods) remain the property of the seller. In case of behaviour by the client which breaches this contract, e.g. default of payment, the seller has the right to take back the retained goods, after setting a suitable extension period. If the seller takes back the retained goods, then this represents a withdrawal from the contract. If the seller seizes the retained goods, this is a withdrawal from the contract. The seller is authorised to utilise the retained goods after taking them back. After deducting a suitable amount for the utilisation costs, the net proceeds are to be offset against the amount due by the client.

  2. The client has to treat the retained goods with care and insure them sufficiently against fire, water and theft at its own expense, and at the replacement value. Necessary maintenance and inspection work are to be carried out by the client at its own expense.

  3. The client is authorised to sell and/or utilise the retained goods properly in business operations, provided it is not in default of payment. Pledges or assignments as security are not permitted. The client hereby assigns in advance, and to their full extent, any claims (including all balance claims from the current account) to the seller which arise from the resale or from any other legal basis (insurance, tort) with respect to the retained goods; the seller hereby assumes the assignment. The seller shall irrevocably authorise the client to collect the claims assigned to the seller for their account and in their own name. The authorisation for collection can be rejected at any time if the client does not properly meet its payment obligations. The client is also not authorised to assign these claims for the purpose of debt collection by means of factoring, unless the factoring obligation is simultaneously justified, in which case the counter-performance is to be made for the full amount of the claim immediately to the seller as long as claims of the seller still exist against the client.

  4. A processing or transformation of the retained goods by the client shall be made in any case for the seller. If the retained goods are processed with other goods, which do not belong to the seller, then the seller acquires the joint ownership of the item at the ratio of the value of the retained goods (final invoiced amount incl. VAT) to the other processed items at the time of processing. The same applies to new items created by the processing, as to the retained goods. If the retained goods are mixed with other goods in a way that they cannot be separated, and the other goods do not belong to the seller, then the seller acquires the joint ownership of the item at the ratio of the value of the retained goods (final invoiced amount incl. VAT) to the other mixed items at the time of the mixing. If the item of the client is to be deemed the main item due to the mixing, then the client and the seller agree that the client shall transfer proportionate joint ownership of the item to the seller; the seller hereby assumes the transfer. The seller’s resulting sole or joint ownership of the item is guaranteed by the client.

  5. In case of third party appropriation or seizure of the retained goods, in particular attachments, the client shall refer to the ownership of the seller and inform the seller immediately so that it can assert its property rights. If the third party is not able to compensate the seller for the legal or extraordinary costs incurred in connection with this, then the client is liable.6. The seller is obliged to release the securities it is entitled to, when the realisable value of the securities exceeds the claims being secured by more than 10%, whereby the seller is authorised to choose the security to be released.

XI. Closing provisions

  1. The place of performance and jurisdiction for deliveries and payments (including cheque and bill of exchange claims) as well as for all disputes between the seller and the client arising from the purchase contracts concluded between the seller and the client is the registered location of the seller. The seller is also authorised to sue the client at its place of residence or the registered site of its company.

  2. The relationships between the contractual parties are exclusively governed by the law applicable in the Federal Republic of Germany. The application of the standardised law on the international sale of goods as well as the law on the conclusion of international purchase contracts for goods is excluded.

  3. If the contract or these General Terms and Conditions contain loop holes, then legally valid regulations are to be applied to fill these holes, which the contractual partners would have agreed according to the economic objective of the contract and the purpose of these General Terms and Conditions, if they had been aware of the loop holes.
Pdf
General Terms and Conditions for Business Customers

General Terms and Conditions UK

of ANSMANN UK LTD. version 1/08/2013

I. Definition

  1. "The Company" means ANSMANN UK LIMITED.

  2. "The Customer" means the person, firm or other entity which contracts with the Company for the purchase of the Goods.3. "The Goods" means products of any kind manufactured or sold by the Company.

II. General

  1. These Terms and Condition apply to the sale of Goods by the Company and no variation, modification or substitution for these Terms and Conditions (even though included in or referred to in the document placing the order) shall be binding on the Company unless specifically accepted by the Company in writing.

III. Descriptions, Illustrations and Dimensions

  1. The Customer shall be responsible for ensuring the accuracy of the Terms of any order submitted by it. The Company shall not be liable for the consequences of any error or omission in the descriptions, illustrations, dimensions or other information in correspondence, catalogues and any other literature supplied by the Company.

IV. Price

  1. The Company reserves the right to vary without notice any price listed or quoted to conform with the Company's price current at the time of acceptance of any order placed by the Customer. Any scheduled or call off orders accepted by the Company maybe subject to Customer price change, should the exchange rate between the GB Pound and US Dollar (or Euro if appropriate) change by more than 5% since the acceptance of the original order. The Company reserves the right to change the GB Pound price in line with any negative effect of currency variations.

V. Carriage

  1. Carriage charges are as contained in the Company price list current at the time of acceptance of the Customer order.


VI. Payment

  1. Time for payment shall be the essence of the contract. The Customer shall make payment within 30 days from the date of invoice unless contrary terms are agreed in writing by the Company.

  2. The Customer shall pay interest on the outstanding balance of the invoice value or any part thereof at the rate of 4% above HSBC plc base rate, from time to time, in the period between the due date for payment and final settlement. In these circumstances the Company may suspend deliveries under any or all contracts with the Customer while the Customer is in arrears and/or give notice in writing that if any such sums are not paid within 14 days any or all contracts may be cancelled and hence if all such sums are not paid within that time, the Company may treat any or all of such contracts as determined and claim damages for repudiation.

  3. If the Customer shall fail to make any payment under any contract with the Company of the due date or shall be in breach of these terms and conditions or any other term of any contract with the Company or shall the customer:

    1. become insolvent;
    2. suffer the appointment of an administrator or an administrative receiver over any assets;
    3. go into liquidation whether compulsorily or voluntarily (except for the purpose of reconstruction or amalgamation);
    4. make any arrangement or composition with its creditors;
    5. become the subject of a bankruptcy order;
    6. cease, or threatens to cease, to carry on business; or shall the Company reasonably apprehend that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly then the Company shall have the right (without prejudice to any other rights and remedies):

      1. to suspend or withhold further deliveries so long as the default continues, and/or;
      2. to serve notice on the Customer that unless all sums due are paid forthwith it will cancel the relevant contract and any other contract with the customer and if payment is not made forthwith thereafter the Company may treat the relevant contract and also at its option any other contract as repudiated and determined and recover damages accordingly, and/or;
      3. to recover from the Customer any cost or expenses incurred should a third party agency be used in the collection of any monies due from the Customer and/or;
      4. enter the Customer's premises for the purpose of repossessing the Goods in respect of which title has not passed.

  4. Waiver by the Company of any breach of these conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.

VII. Non UK delivery orders

  1. 1. The Company is under no obligation to dispatch an export order until the Customer has provided the Company with a confirmed and irrevocable Letter of Credit, the terms of which are satisfactory to the Company.

VIII. Delivery and Performance

  1. The Customer shall be bound to accept the Goods when they are ready for delivery by the Company and delivery shall be deemed to take place when the Goods are delivered to the Customer at the nominated address for delivery or to a nominated carrier as the case may be.

  2. The Company reserves the right to deliver and/or invoice the Goods by instalments and each delivery shall constitute a separate contract, any failure of or any defect in any one delivery shall not vitiate any contract in respect of that or any other delivery.

  3. Claims by the Customer for shortages in delivery cannot be accepted unless they are received by the Company within 7 days of the date of receipt of the Goods at the Customer's premises.

  4. If for any reason the Customer cannot accept delivery of the Goods at the time when the Goods are due and ready for delivery, the Company may either elect to store the Goods pending their actual delivery and the Customer shall be liable to the Company for the cost (including insurance) of their so doing (however the Company shall be under no obligation to insure the Goods in storage and the risk of any loss or damage to the Goods howsoever arising shall be borne by the Customer) or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the relevant invoice price or charge the Customer for any shortfall below the relevant invoice price.

  5. Any time or date given for delivery or performance is given as an estimate only and is not the essence of the contract and the Company shall not be liable for any loss or damage howsoever arising as a result of failure to deliver or perform at such time or date.

  6. The Company shall not be liable for loss of profit or other consequential loss and its liability (whether in contract or otherwise) shall in no case exceed the price of the Goods that it has failed to deliver or delivered late.

IX. Title

  1. Title to the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in the full of the invoice together with any interest and/or delivery charges in addition to payment of all other outstanding sums. Where the Customer is entitled to sell Goods as the Company’s agent, the Customer must be obliged to immediately thereafter account to the Company for such of the proceeds of sale as shall be sufficient to discharge the invoice.

  2. Where the Goods are in the Customer’s possession, the Customer shall keep them separately from all other Goods in its possession in such a way that they are immediately identifiable as the Company’s property. At any time before payment in full of all sums due from the Customer to the Company, the Company may by notice in writing to the Customer, determine the Customer’s right to sell the Goods and if the Customer is in possession of the Goods the Customer shall thereupon return them to the Company free of charge and shall in any event cease to be in possession of them with its consent. In placing an order the Customer irrevocably authorises the Company to enter upon its premises for the purposes of repossessing the Goods in respect of which title has not yet passed to the Customer.

X. Risk

  1. Risk in the Goods shall pass to the Customer either at the time of delivery, or if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.

  2. The Customer shall insure those Goods to the full purchase price for the period from the date of delivery until the passing of title in the Goods to the Customer against all loss or damage.

  3. The proceeds of any insurance claim or the right to receive the same shall be held by the Customer on trust for the Company and paid to it in settlement of the outstanding invoice.

XI. Returns

  1. Goods will not be accepted back for credit unless written approval has been obtained.

  2. A 20% handling charge subject to a minimum of £50.00 may be levied on all fault free Goods returned at the Customer’s request. Any such Goods should be returned carriage paid and must be in original undamaged packaging and of full box quantities.

  3. Excluding goods returned under b. the Company reserves the right to replace any Goods returned for credit and where no fault has been found with the Goods the Company will be entitled to levy an additional £50.00 handling charge.

  4. If Goods are returned without the correct authorisation the reimbursement of any carriage charges, if appropriate, will be limited to the amount that the Company would have incurred had the Company been given the opportunity to arrange their own collection.

XII. Guarantee

  1. The Company guarantees at its entire discretion either to replace or repair any of the Goods, which within the guarantee period are shown to its satisfaction to be defective through faulty material or workmanship alone, provided that no attempt has been made by the Customer or a third party to rectify, dismantle or alter the Goods in any way. the guarantee period for any Goods is as specified in the Company’s catalogue current at the time of acceptance of the Customer order and commences on delivery of the Goods.

  2. All terms, conditions, warranties, or representations, whether express or implied, as to description, condition, quality or fitness for purpose of any of the Goods are hereby excluded.

  3. So far as permitted by statute, the Company shall not be liable for loss or damage whether direct or consequential and whether suffered by or occasioned to the Customer, its employees or agents, or to any third party.

XIII. Suspension

  1. Should the Company be delayed in or unable to make delivery owing to any cause whatsoever beyond its control, the Company shall be free at its entire discretion either to suspend or terminate the contract without incurring any liability to the Customer for any loss or damage there from.

  2. All contracts between the Company and the Customer and the above conditions shall be interpreted according to and governed by English Law and the parties submit to the jurisdiction of the High Court of Justice for the resolution of all disputes arising therefrom.



Errors & Omissions Excepted.
ANSMANN reserve the right to amend these conditions without prior notice.

Pdf
General Terms and Conditions for UK Business Customers

General Terms and Conditions Online shop

Ansmann AG; status May 2017

I. Validity

The following General Terms and Conditions shall apply to all business relationships between the orderer and Ansmann AG.

II. Offer and conclusion of contract

The offers are exclusively aimed at end customers with an invoice and delivery address in Germany and Austria. The possible delivery addresses as well as the place of delivery may be limited with individual bulky articles. The limitation is disclosed on the respective product details page. The orderer must be over the age of 18.

The orderer shall submit a binding offer when he has undergone the online order process by entering the details requested therein and in the last order step clicks the button "order liable to payment". The purchase contact between Ansmann AG and the orderer will only be concluded by an acceptance declaration of Ansmann AG. This shall be carried out at the earlier of the two dates, either by sending of the goods or sending of a confirmation of shipment by e-mail.

The confirmation of the receipt of the order shall not represent an acceptance declaration for the conclusion of the contract.

The validity of contracts for larger quantities than customary for a household as well as the commercial resale of the object of purchase shall require an explicit confirmation of Ansmann AG.

The orders will be stored at Ansmann AG after conclusion of the contract until the maximum time limit by virtue of the law.

III. Prices and shipping costs

All prices include the respective valid statutory value added tax and shall be charged plus a flat rate for shipping costs and plus shipping costs surcharges that are, if applicable, stated with bulky articles. The shipping costs surcharges are designed in different ways depending on the type of delivery and condition of the article (freight forwarding articles).

The prices at the time of receipt of the order by Ansmann AG shall apply.

IV. Delivery and delivery times

The delivery shall be carried out from two weeks after conclusion of the contract (with the use of online payment processes, payment by credit card).

With the order of several articles, the respectively latest delivery time detail of the articles in the shopping basket shall be decisive for the calculation.

The orderer can object to the forwarding of his contact details for the coordination of the service at all times effective for the future, here or by message to the contact details stated in the impressum.

V. Terms of payment

The orderer can pay for the articles by credit card or online payment process. Ansmann AG reserves the right to exclude certain payment types in and individual case. The payment by sending cash or cheques is not possible.

In the event of payment by online payment process (e.g. Pay-Pal) the orderer explicitly authorises Ansmann AG to collect the due amounts at the time of the order.

With the shipment of the goods the invoice will be sent by e-mail, if no e-mail address has been deposited, by post, to the invoice address stated by the orderer.

If the orderer is in arrears with a payment for longer than one week or in case of a return debit note Ansmann AG reserves the right to assert damages due to default (debt collection charges, dunning fees, interest due to default, return booking charges).

The offsetting against payment claims of Ansmann AG is only permitted with claims that have been determined final and binding or which are undisputed.

VI. Reservation of title

The object of purchase delivered to the orderer shall remain the property of Ansmann AG until the full payment of all objects of purchase delivered to the orderer by Ansmann AG.

VII. Defects

Insofar as guarantees are acquired, the details can be derived from the respective guarantee conditions, which will be made available in a text form with the delivery at the latest. In case of defects to the delivered object of purchase, the orderer will be entitled to the statutory rights within the framework of the warranty/liability for defects triggered off by a possible guarantee. The statute-of-limitations for statutory claims due to defects is two years and will begin on the date of the delivery, i.e. receipt of the object by the orderer.

The statutory warranty claims of the orderer will not be limited by a guarantee. However, the special provisions from the following standard, 8 Limitation to liability shall apply to claims for damages of the orderer.

VIII. Limitation to liability

Claims of the orderer for damages are excluded. Excluded from this are claims for damages of the orderer from the injury to life, the body, the health or from the breach of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are due to a wilful or grossly negligent breach of obligation by Ansmann AG, its legal representatives or vicarious agents. Essential contractual obligations are those, for which the fulfilment is necessary in order to achieve the objective of the contract. With the breach of essential contractual obligations Ansmann AG shall be liable for the foreseeable damages that are typical for the contract if this was caused by simple negligence unless it concerns claims for damages of the orderer from an injury to life, the body or the health.

The limitations stipulated above shall also apply for the benefit of the legal representatives and vicarious agents of Ansmann AG if claims are asserted directly against these.

IX. Instructions on rights of revocation /right to revocation

You are entitled to revoke this contract within 14 days without stating any reasons. The deadline for revocation is 14 days from the day, on which you or a third party name by you, which is not the carrier, took the (last) goods into possession.

In order to exercise your right to revocation you must inform us,

Ansmann AG
Industriestr. 10
97959 Assamstadt - Germany

Tel.:+49 (0) 6294 / 4204 - 0
E-Mail:shop@ansmann.de
Fax:
+49 (0) 6294 / 4204 - 4400


by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, this is however not a stipulation.

In order to adhere to the deadline for revocation, it is sufficient if you send the notification about the exercising of the right to revocation before expiry of the deadline for revocation.

IX.1 Consequences of the revocation

If you revoke this contract Ansmann AG has to repay you all payments, which Ansmann AG received from you, including the delivery costs (with the exception of the additional costs, which arise from the fact that you have chosen another type of delivery than the most reasonable standard delivery offered by us), immediately and no later than within 14 days from the day, on which the notification regarding your revocation of this contract was received by us. Ansmann AG shall use the same means of payment for this repayment that you used with the original transaction, unless explicitly otherwise agreed with you; in no way will costs be charged to you owing to this repayment.

Ansmann AG can refuse the repayment until it has received the goods again or until you have provided the proof that you have returned the goods, depending on which is the earlier time.

You have to return or hand over the goods to Ansmann AG immediately and in any case by no later than 14 days from the day, on which you inform Ansmann AG about the revocation of this contract. The deadline is adhered to if you send the goods before expiry of the deadline of 14 days. Ansmann AG shall bear the costs for the return shipment of the goods.

You must only pay for a possible loss in value of the goods if this loss in value is a result of a handling of the goods that is not necessary for inspecting the condition, properties and functioning of the goods.

X. Exclusion of right to revocation / prematurely lapse of the right to revocation

The right to revocation will not exist in case of contracts

  • for the delivery of goods, which have not been pre-fabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly customised to meet the personal needs of the consumer.
  • for the delivery of goods, which can spoil quickly or the expiry date of which would be exceeded quickly;

The right to revocation shall lapse prematurely with contracts

  • for the delivery of sealed goods, which for reasons of the health protection or hygiene are not suitable for return if their seal was removed after the delivery;
  • for the delivery of goods if these were inseparably mixed with other goods after the delivery owing to their condition;
  • for the delivery of sound and video recordings or computer software in a sealed packaging if the seal was removed after the delivery.

XI. Voluntary right to return

In addition to the statutory right to revocation of 14 days Ansmann AG will grant a voluntary right to return within a further 76 days. You can thus return goods acquired from Ansmann AG for 90 days after receipt to Ansmann AG.

The pre-requisite for the exercising of this right is that you have merely worn the goods for trying these on, tried these for the purpose of examining the condition, properties and functioning – as in a store – and return the goods in full, in their original condition and without any damages.

XII. Place of jurisdiction/applicable law /language

The law of the Federal Republic of Germany shall apply exclusively to differences in opinion and disputes from this contract under the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The contract is exclusively concluded in the German language.

The sole place of jurisdiction with orders from merchants, entrepreneurs, legal entities under public law or special assets under public law is Ellwangen.

XIII. Consumer information relating to the disposal of waste electrical equipment, accumulators and batteries

Logo

Waste electrical equipment are to be separated from the other waste and waste batteries and waste accumulators, which are not firmly installed in the old appliance, are to be separated before the submission. Batteries and accumulators may not be disposed of in the house waste. You are obliged to return used batteries and accumulators by law. You can return the batteries after use either in our shipment warehouse (Ansmann AG, Industriestr. 10, 97959 Assamstadt) or at places in your direct vicinity (e.g. in the retail trade or in municipal collection centres) free of charge. Batteries and accumulators are designated with a waste container that has been crossed through as well as the chemical symbol of the harmful substance, namely "Cd" for cadmium, "Hg" for mercury and "Pb" for lead. The enclosed symbol for marking electrical appliances and electronic devices stands for the separate entry of electrical appliances and electronic devices.

You can submit your waste electrical equipment free of charge at one of the municipal collection centres (recycling depots) in your vicinity. In addition to the submission at these collection centres you can also return the waste electrical equipment free of charge by dispatch by post. In order to receive a shipping label, please contact our customer service in advance under ansmann@onlineshop.de. Please pack the waste electrical equipment secure for transport. Use a stable package for this purpose and ensure that the contents cannot move freely. If required, filling material should be added. Please remove the waste batteries or waste accumulators which are not installed with the old appliance before packaging and sending the waste electrical equipment. Please additionally ensure that all personal data have been deleted.

XIV. Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/

We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.

The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.verbraucher-schlichter.de.

XV. Final provisions

Should one of the provisions be or become invalid in full or in part, the other provisions shall remain valid. A provision shall be deemed as agreed to replace the invalid provision, which shall as far as possible correspond with the commercial purpose intended by the parties with the missing or invalid provisions.

Pdf
General Terms and Conditions Onlineshop

General Terms and Conditions for private customers

Ansmann AG; status January 2017

I. Validity

The following General Terms and Conditions shall apply to all business relationships between the orderer and Ansmann AG.

II. Offer and conclusion of contract

The offers are exclusively aimed at end customers with an invoice and delivery address in Germany. The possible delivery addresses as well as the place of delivery may be limited with individual bulky articles. The limitation is disclosed on the respective product details page. The orderer must be over the age of 18.

The orderer shall submit a binding offer when he has undergone the online order process by entering the details requested therein and in the last order step clicks the button "order liable to payment". The purchase contact between Ansmann AG and the orderer will only be concluded by an acceptance declaration of Ansmann AG. This shall be carried out at the earlier of the two dates, either by sending of the goods or sending of a confirmation of shipment by e-mail.

The confirmation of the receipt of the order shall not represent an acceptance declaration for the conclusion of the contract.

The validity of contracts for larger quantities than customary for a household as well as the commercial resale of the object of purchase shall require an explicit confirmation of Ansmann AG.

The orders will be stored at Ansmann AG after conclusion of the contract until the maximum time limit by virtue of the law.

III. Prices and shipping costs

All prices include the respective valid statutory value added tax and shall be charged plus a flat rate for shipping costs and plus shipping costs surcharges that are, if applicable, stated with bulky articles. The shipping costs surcharges are designed in different ways depending on the type of delivery and condition of the article (freight forwarding articles).

The prices at the time of receipt of the order by Ansmann AG shall apply.

IV. Delivery and delivery times

The delivery shall be carried out from two weeks after the placement of the payment order to the transferring credit institution of the orderer (in case of advance payment) or after conclusion of the contract (with the use of online payment processes, payment by credit card, payment by SEPA direct debit or in case of purchase on account).

With the order of several articles, the respectively latest delivery time detail of the articles in the shopping basket shall be decisive for the calculation.

The orderer can object to the forwarding of his contact details for the coordination of the service at all times effective for the future, here or by message to the contact details stated in the impressum.

V. Terms of payment

The orderer can pay for the articles by invoice, direct debit, credit card, online payment process or advance payment. Ansmann AG reserves the right to exclude certain payment types in and individual case. The payment by sending cash or cheques is not possible.

In the event of payment by online payment process (e.g. Pay-Pal, immediate transfer) the orderer explicitly authorises Ansmann AG to collect the due amounts at the time of the order.

With payment by advance payment the orderer has to transfer the full invoice amount into the account of Ansmann AG by stating the intended use within five calendar days after receipt of the order. The seller shall reserve the object of purchase for a period of five calendar days.

With payment by credit card the orderer explicitly authorises Ansmann AG to collect the due amounts are shipment of the (if applicable first part of the) goods delivery.

With payment by SEPA direct debit the orderer shall grant Ansmann AG a SEPA basic mandate. The pre-notification of the precise time when the account will be charged will be given five days before the collection. The notification will be sent after shipment of the goods delivery with the invoice to the orderer.

With payment on account the orderer undertakes to settle the invoice amount within 14 days after shipment of the goods, without any deduction of cash discount.

With the shipment of the goods the invoice will be sent by e-mail, if no e-mail address has been deposited, by post, to the invoice address stated by the orderer.

If the orderer is in arrears with a payment for longer than one week or in case of a return debit note Ansmann AG reserves the right to assert damages due to default (debt collection charges, dunning fees, interest due to default, return booking charges).

The offsetting against payment claims of Ansmann AG is only permitted with claims that have been determined final and binding or which are undisputed.

VI. Reservation of title

The object of purchase delivered to the orderer shall remain the property of Ansmann AG until the full payment of all objects of purchase delivered to the orderer by Ansmann AG.

VII. Defects

Insofar as guarantees are acquired, the details can be derived from the respective guarantee conditions, which will be made available in a text form with the delivery at the latest. In case of defects to the delivered object of purchase, the orderer will be entitled to the statutory rights within the framework of the warranty/liability for defects triggered off by a possible guarantee. The statute-of-limitations for statutory claims due to defects is two years and will begin on the date of the delivery, i.e. receipt of the object by the orderer.

The statutory warranty claims of the orderer will not be limited by a guarantee. However, the special provisions from the following standard, 8 Limitation to liability shall apply to claims for damages of the orderer.

VIII. Limitation to liability

Claims of the orderer for damages are excluded. Excluded from this are claims for damages of the orderer from the injury to life, the body, the health or from the breach of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are due to a wilful or grossly negligent breach of obligation by Ansmann AG, its legal representatives or vicarious agents. Essential contractual obligations are those, for which the fulfilment is necessary in order to achieve the objective of the contract. With the breach of essential contractual obligations Ansmann AG shall be liable for the foreseeable damages that are typical for the contract if this was caused by simple negligence unless it concerns claims for damages of the orderer from an injury to life, the body or the health.

The limitations stipulated above shall also apply for the benefit of the legal representatives and vicarious agents of Ansmann AG if claims are asserted directly against these.

IX. Instructions on rights of revocation /right to revocation

You are entitled to revoke this contract within 14 days without stating any reasons. The deadline for revocation is 14 days from the day, on which you or a third party name by you, which is not the carrier, took the (last) goods into possession.

In order to exercise your right to revocation you must inform us,

Ansmann AG
Industriestr. 10
97959 Assamstadt - Germany

Phone no.:
+49 (0) 6294 / 4204 - 0
E-Mail:info@ansmann.de
Fax:
+49 (0) 6294 / 4204 - 4400



by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, this is however not a stipulation.

In order to adhere to the deadline for revocation, it is sufficient if you send the notification about the exercising of the right to revocation before expiry of the deadline for revocation.

IX.1 Consequences of the revocation

If you revoke this contract Ansmann AG has to repay you all payments, which Ansmann AG received from you, including the delivery costs (with the exception of the additional costs, which arise from the fact that you have chosen another type of delivery than the most reasonable standard delivery offered by us), immediately and no later than within 14 days from the day, on which the notification regarding your revocation of this contract was received by us. Ansmann AG shall use the same means of payment for this repayment that you used with the original transaction, unless explicitly otherwise agreed with you; in no way will costs be charged to you owing to this repayment.

Ansmann AG can refuse the repayment until it has received the goods again or until you have provided the proof that you have returned the goods, depending on which is the earlier time.

You have to return or hand over the goods to Ansmann AG immediately and in any case by no later than 14 days from the day, on which you inform Ansmann AG about the revocation of this contract. The deadline is adhered to if you send the goods before expiry of the deadline of 14 days. Ansmann AG shall bear the costs for the return shipment of the goods.

You must only pay for a possible loss in value of the goods if this loss in value is a result of a handling of the goods that is not necessary for inspecting the condition, properties and functioning of the goods.

IX.2 Revocation information for hire purchase

IX.2.1 Right to revocation

You can revoke your contractual declaration within 14 days without stating any reasons. The deadline will begin after conclusion of the contract, however only after you have received all mandatory details according to Section 492 Par. 2 BGB [German Civil Code] (e.g. details concerning the type of the loan, details concerning the net loan amount, details concerning the contractual term). You will have received all mandatory details if they are contained in the official copy of your application that is determined for you or in the official copy of the contractual date that is determined for you or in a copy of your application or the contractual dead that is determined for you and such a document has been made available to you. You can be subsequently informed about mandatory details not recorded in the contractual text on a permanent data carrier; the deadline for revocation will then be one month. You are to be informed about the start of the deadline for revocation once again with the subsequently provided mandatory details. The timely sending of the revocation is sufficient in order to adhere to the deadline for revocation if the declaration is carried out on a permanent data carrier (e.g. letter, fax, e-mail).

The revocation is to be sent to:

Ansmann AG
Industriestr. 10
97959 Assamstadt - Germany

E-Mail:info@ansmann.de
Fax:
+49 (0) 6294 / 4204 - 4400



IX.2.2 Special features with further contracts

If you revoke this loan agreement then you shall no longer be bound to the purchase contract either (hereinafter: associated contract).

If you are entitled to a right to revocation with regard to the associated contract then you shall no longer be bound to the loan agreement either with the effective revocation of the contract. The regulations laid down in the associated contract and the instructions on rights of revocation issued for this purpose shall be decisive for the legal consequences of the revocation.

IX.2.3 Consequences of revocation

Insofar as the loan was disbursed already you have to repay this no later than within 30 days and to pay the agreed debit interest for the period of time between the disbursement and the repayment of the loan. The deadline will begin with the sending of the declaration of revocation. An interest amount of EUR 0.00 (nil) per day is to be paid for the period of time between the disbursement and repayment with the full drawdown of the loan. This amount shall be reduced accordingly if the loan was only partly drawn.

IX.2.4 Special feature with further contracts

If you are entitled to a right to revocation with regard to the associated contract, in the event of the effective revocation of the associated contract claims of the lender for payment of interest and costs from the reversal of the loan agreement against you are excluded.

You are not obliged to return the object if the entrepreneur involved in the associated contract offered to pick the objects up. You will principally bear the direct costs for the return shipment of the goods. This shall not apply if the entrepreneur involved in the associated contract declared that it is willing to bear these costs, or if refrained from informing the consumer about the obligation to bear the direct costs of the return shipment. In case of contracts concluded outside of business premises, with which the goods were delivered to the consumer’s apartment at the time when the contract was concluded, the entrepreneur undertakes to pick the goods up at its own costs if the goods are designed so that they cannot be returned by post.

If you cannot return the object handed over owing to the associated contract or partly not or only in a deteriorated condition, you have to accordingly pay reimbursement for the value. This shall, however, only be taken into consideration if the loss of value is a result of a handling of the goods, which was not necessary for inspecting the condition, the properties and the functioning of the goods.

X. Exclusion of right to revocation / prematurely lapse of the right to revocation

The right to revocation will not exist in case of contracts

  • for the delivery of goods, which have not been pre-fabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly customised to meet the personal needs of the consumer.
  • for the delivery of goods, which can spoil quickly or the expiry date of which would be exceeded quickly;

The right to revocation shall lapse prematurely with contracts

  • for the delivery of sealed goods, which for reasons of the health protection or hygiene are not suitable for return if their seal was removed after the delivery;
  • for the delivery of goods if these were inseparably mixed with other goods after the delivery owing to their condition;
  • for the delivery of sound and video recordings or computer software in a sealed packaging if the seal was removed after the delivery.

XI. Voluntary right to return

In addition to the statutory right to revocation of 14 days Ansmann AG will grant a voluntary right to return within a further 76 days. You can thus return goods acquired from Ansmann AG for 90 days after receipt to Ansmann AG.

The pre-requisite for the exercising of this right is that you have merely worn the goods for trying these on, tried these for the purpose of examining the condition, properties and functioning – as in a store – and return the goods in full, in their original condition and without any damages.

XII. Place of jurisdiction/applicable law /language

The law of the Federal Republic of Germany shall apply exclusively to differences in opinion and disputes from this contract under the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The contract is exclusively concluded in the German language.

The sole place of jurisdiction with orders from merchants, entrepreneurs, legal entities under public law or special assets under public law is Ellwangen.

XIII. Consumer information relating to the disposal of waste electrical equipment, accumulators and batteries

Waste electrical equipment are to be separated from the other waste and waste batteries and waste accumulators, which are not firmly installed in the old appliance, are to be separated before the submission. Batteries and accumulators may not be disposed of in the house waste. You are obliged to return used batteries and accumulators by law. You can return the batteries after use either in our shipment warehouse (Ansmann AG, Industriestr. 10, 97959 Assamstadt) or at places in your direct vicinity (e.g. in the retail trade or in municipal collection centres) free of charge. Batteries and accumulators are designated with a waste container that has been crossed through as well as the chemical symbol of the harmful substance, namely "Cd" for cadmium, "Hg" for mercury and "Pb" for lead. The enclosed symbol for marking electrical appliances and electronic devices stands for the separate entry of electrical appliances and electronic devices.

You can submit your waste electrical equipment free of charge at one of the municipal collection centres (recycling depots) in your vicinity. In addition to the submission at these collection centres you can also return the waste electrical equipment free of charge by dispatch by post. In order to receive a shipping label, please contact our customer service in advance under ansmann@onlineshop.de. Please pack the waste electrical equipment secure for transport. Use a stable package for this purpose and ensure that the contents cannot move freely. If required, filling material should be added. Please remove the waste batteries or waste accumulators which are not installed with the old appliance before packaging and sending the waste electrical equipment. Please additionally ensure that all personal data have been deleted.

XIV. Final provisions

Should one of the provisions be or become invalid in full or in part, the other provisions shall remain valid. A provision shall be deemed as agreed to replace the invalid provision, which shall as far as possible correspond with the commercial purpose intended by the parties with the missing or invalid provisions.

Pdf
General Terms and Conditions for Private Customers