STANDARD BUSINESS TERMS AND CUSTOMER INFORMATION
General terms and conditions, purchase conditions and customer information from
Geißler Kennzeichnungstechnik e.K.
I. General terms and conditions
II. Additional Conditions of Purchase
III. Customer information
I. General terms and conditions
§ 1 Basic regulations
(1) The following terms and conditions apply to contracts that you enter into with us as a supplier
(Geißler Kennzeichnungstechnik e.K., Mühlenweg 131 -139, 22844 Norderstedt, GERMANY) on site,
via means of long-distance communication or via the websites https://geissler-kennzeichnung.de/
or https: //www.markingshop.de/ unless a change has been agreed in writing between the parties.
Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our products and services if you are a natural or legal person or a legal partnership who, when concluding the legal transaction, is exercising their commercial or independent professional activity (entrepreneur within the meaning of Section 14 of the German Civil Code). Conclusion of a contract with consumers within the meaning of Section 13 of the German Civil Code (BGB) is excluded.
(3) These general terms and conditions listed in Part I. apply to every contractual relationship. Depending on the service booked, Part II also applies. With Part II. The provider fulfills his statutory information obligations.
§ 2 Subject of the contract; Essential characteristics of the product or service
(1) The subject of the contract is the sale of goods including download products (digital content that is not supplied on a physical data carrier), the provision of services in the context of remote maintenance of devices, the provision of repair services and the purchase of empty cartridges.
(2) The essential characteristics of the goods and services can be found in the respective offer.
§ 3 Conclusion of the contract for the sale of goods and services
(1) As soon as the respective product or the respective service offer is posted on our website https://www.markingshop.de/, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the respective offer.
(2) The contract is concluded via the online shopping cart system as follows: The goods and / or repair services intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order. By submitting the order via the corresponding button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(3) Our offers on the Internet at https://geissler-kennzeichnung.de/ and in our shop are non-binding and not a binding offer to conclude a contract.
(4) On request, we will provide you with an individual offer for our goods and services, which will be sent to you in writing, in text form or, alternatively, made on site and to which we are bound for 14 days (unless a different period is specified in the respective offer) . You can bindingly accept this offer by confirming it in writing or text form within the specified deadlines. If we do not receive any message from you within this period, we are no longer bound by our offer.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 4 regulations of services
(1) As far as services are the subject of the contract, we owe the services resulting from the service description of the respective offer. We provide this to the best of our knowledge and belief, personally or through third parties.
(2) Unless otherwise agreed, the service is provided within the deadlines agreed in the offer or within the information given in our shipping conditions.
(3) You are obliged to cooperate insofar as further information must be made available to us in order to provide the service, in particular you have to provide the information necessary for the provision of the service.
§ 5 Licenses for digital content
(1) The digital content offered is protected by copyright. You will receive a usage license from the respective licensor for every digital content purchased from us. The type and scope of the license to use result from the license terms specified in the respective offer.
(2) Unless otherwise stated in the respective offer, you will receive a simple usage license. This includes a non-exclusive, perpetual right of use, in particular the permission to save and/or print out a copy of the digital content for your personal use on your computer or other electronic device.
You are not entitled to rent the contractual digital content or parts thereof or, with the exception of the provisions mentioned in paragraph 3, to sublicense, publicly reproduce or make it accessible in any other way or otherwise make it available to third parties, whether for a fee or free of charge.
(3) If the digital content is software, you may permanently transfer the purchased copy of the digital content to a third party subject to the following conditions. you undertake
a) to give up the use completely and to delete, remove or hand over all copies on data carriers to the licensor, unless there is a legal obligation for longer storage.
b) to also hand over the license certificate and the documentation of the previous license grant.
c) upon request, to confirm the implementation of the aforementioned measures in text form and, if necessary, to explain the reasons for longer storage.
d) otherwise, to expressly agree with the third party who receives the digital content from you that they will observe the scope of the granting of rights in accordance with this license.
If this is necessary to secure future use of the software, you may make a backup copy. You undertake to attach the clearly visible note "backup copy" and a reference to the licensor to this. If a multiple license is the subject, the right to create a backup copy does not apply. According to § 69e UrhG, you are entitled to decompile and reproduce the software if this is necessary to maintain the interoperability of the contractual software with other programs and the information required for this has not been made accessible by us within a reasonable period of time at your request.
§ 6 prices, terms of payment and shipping costs
(1) The prices listed in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the price; they will be charged separately, unless the delivery free of charge has been promised. Further details can be found under a correspondingly labeled button on our website or in the respective offer.
(3) You have the payment options shown under a corresponding button on our website or in the respective offer. Unless another payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or on the invoice.
§ 7 delivery conditions
(1) The expected delivery time is specified in the respective offer. Delivery dates and deadlines are only binding if they have been confirmed by us in writing. If you choose to pay in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and the shipping costs.
(2) If, contrary to expectations, a product you have ordered is not available for a reason for which we are not responsible, despite the timely conclusion of an adequate hedging transaction, you will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be reimbursed immediately.
(3) The dispatch of the goods is at your own risk. If you wish, the shipment will be carried out with an appropriate transport insurance, whereby the resulting costs are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced by us independently, provided you are not charged with additional costs for shipping.
§ 8 Warranty
(1) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- culpably caused damage attributable to us from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of legal recourse claims that you have against us in connection with warranty rights.
(2) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
§ 9 Right of Retention, Retention of Title
(1) You can only exercise the right of retention if it concerns claims from the same contractual relationship.
(2) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
(3) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 10 Choice of law and place of jurisdiction
(1) For this contract and the contractual relationship between the parties, the law of the Federal Republic of Germany applies to the exclusion of uniform international law, in particular the UN Sales Convention.
(2) The exclusive - also international - place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the provider, insofar as this is legally permissible.
(3) Should individual provisions of this agreement be wholly or partially ineffective, this shall not affect the validity of the remaining provisions of the agreement. Rather, the provision is to be replaced by a regulation that is legally permissible and comes closest to the original provision.
II. Conditions of purchase
§ 1 Conclusion of the contract
(1) You can submit a binding offer to purchase empty cartridges type HP45 (TIJ 2.5) via the website using the contact form or by remote communication.
(2) To do this, first provide information about the empty cartridges you intend to sell. You can use the form provided on our website for this purpose. After entering all the necessary sales and address data and sending the e-mail or the contact form to us, a price for the purchase of the goods will be determined by us on the basis of the information you have provided. Before submitting your offer, you have the opportunity to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the submission of the offer. By submitting the offer, you are submitting a binding offer to us.
(3) We are entitled to accept your offer within 14 days of receipt of the goods. The acceptance of your offer at the pre-determined price takes place when we have received the goods and the check carried out by us has shown that the condition of the goods corresponds to the condition description you provided. The offer is accepted by email.
(4) If you offer us several goods for sale, a separate sales contract will be concluded for each individually accepted goods.
(5) If the inspection of the goods reveals a condition deviating from your information, we will not accept your offer, but will make you a binding offer based on the condition of the goods determined by us by email, which you will in turn accept within 14 days can. If you do not accept our counter offer within the stated period, we will send you the goods back to the address you have given at your expense after a prior notification email. You also have the option, instead of returning the goods, to instruct us to dispose of the goods free of charge. If you do not contact us within the specified deadlines, we will consider this to be a rejection of our offer. In this case, the goods will be returned at your expense as described above.
§ 2 Ownership of the goods offered
You assure us that you are entitled to sell the goods you are offering.
§ 3 prices and terms of payment
(1) The prices quoted by us are net prices. They include all price components plus all applicable taxes.
(2) When a contract is concluded between you and us, you will receive a credit note in the amount of the purchase price, which we will pay out to you in the payment method you have chosen within 7 days or which you can offset with us when you place your next order.
(3) The payment methods used are on our website and on our form for purchasing empty cartridges.
§ 4 Shipping Conditions
(1) We assume the costs of shipping the empty cartridges to us, provided that you offer us at least 100 empty cartridges and you use the shipping label provided by us. You will receive this shipping label by email from our shipping service provider. The empty cartridges are collected within 2 - 3 days after the shipping label has been sent.
(2) If you do not use the shipping label provided by us or offer fewer than 100 empty cartridges, you will be responsible for the shipping costs.
(3) Please pack the empty cartridges if possible with a protective cover, leak-proof.
(4) You bear the transport risk, i.e. the risk of damage or loss of the goods until the goods are handed over to us by the transport company. If we offer free collection, you bear the transport risk until the goods are handed over to our commissioned shipping service provider.
(5) Insofar as separate safety precautions are to be observed for the dispatch, it is your responsibility to comply; these may result in particular from regulations for the dispatch of dangerous goods.
(6) If the goods are returned to you, the shipping costs incurred are to be borne by you. You bear the risk of transport hazard from handover to the carrier.
III. Customer information
§ 1 Identity of the seller
Geißler Kennzeichnungstechnik e.K.
Phone.: + 49- (0) 40- 60 92 599 - 0
Email: info @ geissler-kennzeichnung.de
§ 2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself are carried out in accordance with Section 3 of our General Terms and Conditions (Part I) and Section 1 of our Conditions of Purchase (Part II).
§ 3 contract language, contract text storage
(1) The contract language is German.
(2) We do not save the full text of the contract. Before sending the order or the request, the contract data can be printed out or electronically saved using the browser's print function.
Last updated: 30.01.2023