General Terms & Conditions

 

1. Applicability

Our offers on this online shop are aimed exclusively at companies and traders. Deliveries cannot be made to consumers in the sense of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch). The following GTC shall apply to all business transactions.

A consumer is any natural person conducting a legal transaction that can neither be primarily attributed to their commercial or their independent vocational activities. An entrepreneur is any natural or legal person or partnership with legal capacity acting on behalf of their commercial or independent vocational activities when performing a legal transaction.

These GTCs shall also apply to future business relationships without us having to refer to them again. Should the entrepreneur use contrary or supplementary GTCs, their applicability shall hereby be denied. They shall only become contract components if agreed to expressly by us

2. Contract Partners

A purchasing contract shall be concluded with the ANDO Technik GmbH. Further information about us can be found in our imprint. You can contact our customer service for questions or complaints at 040/8224565-0. Our business hours are from Mo. – Th. from 8 AM – 4.30 PM and Fr. from 8 AM – 3 PM.

3. Code of Conduct

We subject ourselves to the code of conduct of Trusted Shops.

4.General / Contract Conclusion

The presentation of the products on the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can place our products into your shopping cart without obligation and correct your entries before submitting your binding order by using the proofing tools described during the order process. By clicking on the order button, you will submit a binding order for the items in your shopping cart. Confirmation of the receipt of your order by us will be sent via email directly after the order is submitted.

When a contract will be concluded depends on the payment method selected:

 Advance Payment

We will accept your order by sending a separate confirmation email with our bank details.

 PayPal Plus
We offer several payment methods through PayPal services through PayPal Plus. After submitting your order, you will be transferred to the PayPal website where you can enter your payment data and confirm your payment to PayPal. A contract will then be concluded with us.

SOFORT Transfer (Klarna)
After submitting an order, you will be transferred to the SOFORT transfer website where you can confirm your payment order to SOFORT. A contract will then be concluded with us.

 

5. Prices and Payment Terms

5.1 The prices listed at the time an order is placed apply to deliveries and goods values of at least EUR 10.00 (without shipping costs) per order.

5.2 Shipping costs will be added to the stated product prices. More information on shipping costs can be found along with the offers or in our shipping cost overview.

5.3 Payments will be made via advance payment, PayPal Plus or immediate transfer. Payment via check is not possible.

Advance Payment: We will provide you with our bank details in the order confirmation and deliver the goods after payment is received.

Pay Pal Plus: We offer several payment methods through PayPal services through PayPal Plus. You will be transferred to the PayPal website where you can enter your payment data and confirm your payment to PayPal. You will receive additional information during the order process.

If you selected PayPal as your payment method, you must be registered or register at and legitimize your payment data to PayPal to pay the invoice amount. The payment transaction will be performed by PayPal directly after confirming the payment order.

If you selected credit card as your payment method, you do not have to be registered at PayPal to pay the invoice amount. The payment transaction will be performed by PayPal directly after the payment order is confirmed and you have been verified as the rightful owner of the provided credit card by your credit card company on request by PayPal after which your card will be charged.

If you selected direct debit as your payment method, you do not have to be registered at PayPal to pay the invoice amount. By confirming the payment order, you will provide PayPal with a direct debit mandate. PayPal will notify you about the date on which your account will be charged (so-called pre-notification). By submitting a direct debit mandate directly after confirming the payment order, PayPal will request the initiation of the payment transaction from the bank. The payment transaction will be performed and your account will be charged.

Immediate Transfer: We will receive the credit transfer immediately. This speeds up the entire order process. You only need an account number, BIC, PIN and TAN. The secure payment form of the SOFORT AG which is not accessible to dealers generates automated real-time transfers from your online bank account. The purchasing amount is immediately and directly transferred to the bank account of the dealer. When selecting immediate transfer as your payment method, a pre-filled form will appear at the end of the order process. This will already include our bank details. Furthermore, the transfer amount and the intended purpose will be automatically displayed on the form. You then have to select the country of your online banking account and enter the BIC. Then you must enter the same data as during your online banking registration (account number and PIN). You can confirm your order by entering the TAN. You will receive a confirmation for your transaction directly afterwards. Principally, any Internet user who has an online banking account with a PIN/TAN can use immediate transfer as a payment method. Please note that some banks may not offer immediate transfers. Further information about whether your bank supports this service can be found here: https://www.klarna.com/sofort/

6. Delivery Period

6.1 Delivery periods may be extended by the time taken for you to submit all information and documents required for the implementation of the order.

6.2 When selecting advance payment as the payment method, the delivery period will commence after the payment is received on our account.

6.3 Delivery delays caused by legal or official orders (e.g., import or export restrictions) and not by us may prolong the delivery period for the duration of the respective impediment. We will notify you of their beginning and end without delay in important cases.

 

7. Delivery, Shipping and Transfer of Risk

7.1 Partial deliveries by us are permitted insofar as they are tolerable to you.

7.2 We may select the shipping type, dispatch route and the company commissioned for the shipment at our discretion.

7.3 In case of consumer goods purchases, risk will be transferred to you as soon as the delivery items are handed over to you by the carrier. If the transportation packaging and the items contained therein display obvious damage during the handover, you must report this to us within 2 business days. Otherwise, damage claims may be rejected in good faith.

7.4 We only provide deliveries via the dispatch route. Collection by the customer is not possible.

 

8. Goodwill Returns / Acceptance Refusal

8.1 Goods may only be returned if the delivery was demonstrably erroneous. If goods are exchanged or returned or if credit requests are made for whose cause we are not responsible, a transaction will only be made after written confirmation is provided by us. This shall also apply in case of collections initiated by us to inspect the return request. The general requirement for this is that the goods are in a condition in which they can be resold. The expected return amount results from the date of receipt of the resale price to be achieved minus the cancellation / processing fee of 10% of the invoice amount.

8.2 Should a buyer refuse to accept the goods, we may optionally insist on acceptance or demand 10% of the purchasing price as a flat damage and compensation fee. In case of extraordinarily high damages, we reserve the right to make such assertions. For the duration of the buyer's acceptance delay, we may store the delivery items at a another warehouse or with a carrier at the risk of the buyer. For the duration of the acceptance delay, the buyer must pay us a flat monthly fee of EUR 15.00 without further provision for any resulting storage costs. This flat-rate compensation shall be reduced by the amount for which the buyer demonstrates that expenses or damages were not incurred by us. Should storage costs prove to be extraordinarily high, we reserve the right to charge them.

 

9. Retention of Title

9.1 We reserve the right to ownership of the purchasing object until all claims from the delivery contract, including ancillary claims (e.g., financing costs, interest, etc.), have been paid in full. Should you act contrary to the contract, we may demand the return of the purchasing object.

9.2 In case of a seizure by a third party or any other impairment of the reserved property, especially through insolvency proceedings, the buyer must point out the rights of retention of the seller and inform the seller without delay by sending the seller the seizure report. The buyer shall bear the costs incurred by the seller through the intervention to protect the reserved property and the claims assigned to the seller as a security.

 

9.3 Any processing or restructuring of the purchasing object by you shall always be performed for us. Should the purchasing object be processed using other objects not owned by us, we shall acquire co-ownership of the new object in proportion of the value of the purchasing object to the other processed objects at the time of the processing.

9.4 You may resell the products through the ordinary course of business. However, you shall assign any claims towards your buyers or third parties from the resale to us already now in the amount of the final invoice.

 

10. Warranty / Liability Exclusion

10.1 Unless stated otherwise, we guarantee that delivery items are free from defects according to the then-current state of technology for the legally required duration. Liability for normal wear shall be excluded.

10.2 We provide no guarantees for defects and damages resulting from unsuitable or improper use, non-observance of application notices or incorrect or negligent treatment. This shall apply especially when operating objects by using the wrong type of electricity or voltage or connecting them to unsuited sources of electricity. The same shall apply to defects and damages resulting from fires, lightning, explosions, overvoltage, moisture of any kind, incorrect or missing software and / or processing data, unless the buyer can prove that these circumstances did not cause the reprimanded defect.

10.3 This warranty shall expire if you interfere with or subject the devices to repairs, whether performed by you or others that were not authorized by us if they caused the defect.

10.4 Obvious defects must be reported in writing at least within two weeks of receipt of the delivery. The deadline will be met if the report is sent on time. Otherwise, all other defect claims shall be excluded. Section 377 of the German Commercial Code (Handelsgesetzbuch) shall take precedence for business transactions.

10.5 In case of a warranty claim, we may remedy the defects or deliver defect-free goods (subsequent delivery). If the selected type of subsequent delivery will produce disproportionately high costs, claims shall be limited to the remaining type of rectification. Should defect-free goods be delivered, exchanging the goods for higher quality products with comparable characteristics shall already be considered accepted insofar as this is tolerable to the consumer (e.g., an exchange for the successor model, same series, etc.). Further rights, especially revoking the purchasing contract, may only be asserted after the expiry of an appropriate grace period or twice-failed rectification.

10.6 An exchange as part of the warranty / guarantee will not lead to any new warranty / guarantee periods entering into effect. Section 203 of the German Civil Code shall remain unaffected.

10.7 With the exception of liability for injuries to life, the body or one's health, further claims by the buyer—for whatever reason—shall remain excluded unless expressly agreed to otherwise. We shall therefore not be liable for damages that occurred directly on the delivery object. We shall especially not be liable for any lost earnings or other financial damages incurred by the buyer. However, this liability exemption shall not apply to damages caused by intent, gross negligence or violations of essential contract duties. We shall not be liable for restoring data, unless we caused its loss intentionally or through gross negligence.

11. Withdrawal in Case of Asset Deterioration

We may withdraw from the contract if we learn of payment suspension, launching of insolvency or settlement proceedings, rejection of insolvency proceedings due to lack of assets, check protests or other specific indications of the buyer's asset deterioration.

 

12. Export Permit 

Any permits by the German Federal Office for Economic Affairs and Export Control in Eschborn / Taunus required for exporting the delivered goods must be obtained by you under your name and on your account. Failure to obtain such export permits does not that allow you to withdraw from the contract.

 

13. Place of Jurisdiction, Partial Invalidity, Applicable Law

13.1 For business transactions with merchants or legal persons under public law, the place of jurisdiction for any legal disputes resulting from the contract, including matters related to checks, shall be Hamburg. We may also sue at the location of the buyer's registered office.

13.2 Should individual regulations of the delivery contract or of these GTC prove invalid, the validity of the remaining regulations shall remain unaffected.

 

14. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/
We are under no obligation to and will not participate in dispute resolution procedures before a consumer arbitration service.

 

15. Contract Text Storage

We shall save the text of the contract and send you the order data and our GTC via email. You can view and download these GTC on this page at any time. You can view your past orders through our customer login.

 

16. Contract Language

The language to be used for contract conclusion shall be English.

As of 21 June 2018