Terms and Conditions

Terms and Conditions

§ 1  Basic Terms and Conditions

(1) The following terms and conditions apply for all contracts between GTS Electronics Europe Ltd., 1G - The Atrium Blackpool Business Center Blackpool, Cork Ireland, IRELAND - hereinafter referred to as the supplier and the customer, provided on the website of the supplier www.GTSpower.co.uk, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with the express approval of the supplier.

(2) The supplier only offers his goods and services for purchase as long as the customer is an individual and legal entity or a legal company, as well as at the conclusion of the transaction and acting in the exercise of their commercial or independent professional activity (entrepreneur) and as long as he is not the final consumer for example, when the final consumer uses the goods in their independent professional, commercial or in their official work.

A conclusion of contract with consumers is excluded.

(3) The contract language is English. The full text of the contract will not be saved by the supplier. Before confirming the order via the online shopping cart system, the contract data can be printed out or electronically saved via the print function of the browser.

 

§ 2  Subject matter of the contract

(1) The subject matter of the contract is the sale of goods and/or the provision of services.

The details, in particular the essential characteristics of the goods and/or the service offered, is found in the article- or rather service description and the supplementary information on the website of the supplier.

(2) The supplier sells the goods partly or exclusively as a commissioner in their own name on account of third parties  i.e. As the owner of the goods for third parties. The contracting party with all rights and duties is the provider regardless.

 

§ 3  Conclusion of the contract 

(1) The goods and services offered by the supplier online does not constitute a binding offer for the conclusion of a contract, but a request for placing an order (contract offer of the customer).

(2) The customer can cancel their contract offer by telephone, in writing, via fax/email or via the online shopping-cart system.

When ordering via the online shopping-cart system the goods and services intended for purchase are placed in the “shopping cart”. Via the corresponding button in the navigation bar the customer can call the "shopping cart" and make changes at any time. After moving to the "Go to checkout" page and entering the personal data as well as the payment and shipping conditions, all order information is displayed at the end. Before confirming the order the customer has the opportunity to check or change any details (also via the “go back” button in the internet browser) or to cancel the purchase.

By confirming the order via the appropriate confirmation button, the customer makes a binding offer to the supplier.

The customer then receives an automatic email with the receipt of their purchase, which does not lead to the conclusion of the contract.

(3) Acceptance of the offer (and therefore the conclusion of the contract) is in any case confirmed by means of confirmation in text form (email, for example), in which the processing of the order or delivery of the goods is confirmed to the customer or by sending the goods.

If the customer has not received an order, order confirmation,notification of the delivery, or, indeed, no goods within 5 days, he is no longer bound to his order. Any services rendered will be refunded in this case.

On request, the supplier creates an individual offer to the customer, which is sent to the customer in text form and to which the supplier is bound for 5 days. The customer accepts the offer via confirmation in text form.

 

§ 4  Prices, Payment terms and Shipping costs

(1)   The prices stated in the respective offers as well as the shipping costs represent the net price. They do not include VAT.

(2) The shipping costs are calculated separately; more details can be found under the button "Shipping and Payment".

(3) If the delivery is to non-EU countries, additional duties, taxes or charges may be payable by the customer, but not to the supplier, but to the customs or tax authorities in the country. The customer is advised to inquire about the details before placing an order with the customs or tax authorities.

(4) The methods of payment used is retrieved during the course of the order process.

The supplier has the right to reject the invoice payment method  in an individual case.

The invoice amount is compensated within 30 days upon payment by invoice. In all other cases, invoices submitted by the supplier are immediately due for payment, providing that no other payment period is indicated on the invoice.

The deduction of discounts is only permitted, provided that they are stated in the invoice.

 

§ 5  Delivery terms and conditions

(1) The estimated delivery time is stated in the description of the product and the order confirmation.

For prepayment by bank transfer, the dispatch of the goods takes place only after receipt of the complete purchase price and the shipping costs by the supplier.

(2)   If a product ordered by the customer is no longer available for reasons beyond the supplier’s control, despite the timely completion of transaction, the customer shall be immediately informed of non-availability and, in the event of withdrawal, any payments already made shall be reimbursed without delay.

(3)   Dispatch is at the risk of the customer. If the customer so desires, the shipping is carried out under appropriate transport insurance, whereby the resulting costs are to be borne by the customer.

(4)   Partial deliveries are permissible and can be invoiced independently by the supplier, provided that the customer is not thereby burdened with additional costs for the dispatch.

 

 § 6  Warranty

(1)   The warranty period is one year from the date of delivery. The one-year warranty period does not apply to damages caused by injury to life, body or health, or gross negligence,deliberate damage or misrepresentation of the seller. Please refer to Consumer Rights laws within the jurisdiction of residance and seek advice from the Citizens Advice Bureau if further clarification is required.

(2)   Only the supplier's own data and the product description of the manufacturer are deemed as agreed , but no other advertising, public promises and utterances by the manufacturer.

(3)   The customer is obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify the supplier in writing of obvious defects within 7 days from receipt of the goods; timely sending of this information is crucial. This also applies to defects detected later. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the supplier.

(4)   In the case of defects, the supplier makes the choice to either repair the goods or replace them.

If the repair of the defects fails twice, the customer may, at his discretion, demand a reduction or withdrawal from the contract. In the case of rectification, the supplier shall not bear the increased costs resulting from the shipment of the goods to a place other than the place of delivery, provided that the shipment does not comply with the intended use of the goods.

 

§ 7  Right of retention, reservation of ownership

(1)   A right of retention can only be exercised by the customer in relation to claims arising from the same contractual relationship.

(2)   The supplier retains ownership of the goods until the complete settlement of all claims arising from the current business relationship. Prior to transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.

(3)   The customer may resell the goods in the ordinary course of business. In this case, the customer at this point assigns all accounts receivable in the amount of the invoice, which accrue from the resale, to the supplier accepting the assignment. The customer is also authorized to collect the claims. Insofar as he does not properly fulfil his payment obligations, the supplier reserves the right to collect the claim himself.

(4)   In the case of connection and mixing of the reserved goods, the supplier acquires 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 the processing.

(5)   The supplier undertakes to release the securities due to him at the customer's request insofar as the realizable value of the collateral of the provider exceeds the receivable to be secured by more than 10%. The choice of securities to be released is incumbent upon the provider.

 

§ 8 Services provided

(1)   Where services are the subject of the contract, the supplier shall be responsible for the individual services resulting from the service description. The supplier provides these to the best of his knowledge and belief, either personally or through third parties.

(2)   The customer is obligated to cooperate on the provision of the service with the supplier by providing further information on the availability . In the event of repair work, the customer shall, in particular, describe the defects of the product as well as possible and provide the faulty product for repair.

(3)   The cost of sending the defective product to the supplier is borne by the customer.

(4)   If no other deadline is specified in the service description, the service will be carried out within 5 business days after conclusion of the contract (in case of advance payment only after receipt of the full fee). In the case of repair work, the repair, including the handing over of the equipment for shipping , is only made after dispatch of the device to be repaired.

 

 § 9  Liability

(1)   The supplier shall be liable without limitation for damages resulting from injury to life, body or health, in all cases of wilful intent and gross negligence, in the case of malicious concealment of a defect, in case of assumption of the guarantee for the condition of the purchased item, in case of damages under the Product Liability Act and In all other legally regulated cases.

(2)   Insofar as essential contractual obligations are concerned, the liability of the supplier in cases of slight negligence is limited to the contract-typical foreseeable damage. Essential contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the attainment of the purpose of the contract as well as obligations which the contract imposes upon the provider according to its content to achieve the purpose of the contract and to which the customer may regularly rely.

(3)   In the case of infringement of insignificant contractual obligations, liability for negligent breach of duty is excluded.

(4)   Data communication via the Internet can not be ensured without errors and / or at any time, according to the current state of the technology. The supplier is not responsible for the continuous or uninterrupted availability of the website and the offered services.

 

§ 10 Choice of law, place of performance and jurisdiction.

British law applies to the exclusion of the UN purchase law.

The headquarters of the supplier is the place of performance as well as the jurisdiction.

 

 

Status: October 2014

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