Webshop Terms and Conditions of FIXTEST Prüfmittelbau GmbH

Contract terms for purchase agreements concluded via our Shopify-based online shop

between

FIXTEST Prüfmittelbau GmbH, Zeppelinstr. 8, 78234 Engen, Germany
Phone: +49 7733-5056-0
Registered in the commercial register of the Freiburg Local Court under HRB 540582
Represented by Jörg Riehle and Markus Vogel
VAT ID: DE 142765273
– hereinafter referred to as "Provider" –

and

the customer defined in Section 2 of this contract
– hereinafter referred to as "Customer" –

§1 Scope, Definitions

(1) These General Terms and Conditions in their version valid at the time of the order shall apply exclusively to the business relationship between the webshop provider (hereinafter “Provider”) and the customer (hereinafter “Customer”). Deviating general terms and conditions of the customer shall not be recognized unless the Provider expressly agrees to them in writing.

(2) The Customer is considered a consumer if the purpose of the ordered goods and services cannot predominantly be attributed to his or her commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or a partnership with legal capacity who concludes the contract in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of Contract

(1) The Customer can select products from the Provider’s range, in particular spring-loaded contacts (pogo pins), receptacles, and accessories, and collect them in a shopping cart by clicking the “Add to cart” button. By clicking the “Buy now” button, the Customer submits a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, the Customer can view and change the data at any time. However, the offer can only be submitted if the Customer accepts these terms and conditions by clicking the “Accept T&Cs” button and thereby includes them in the offer.

(2) The Provider will then send the Customer an automatic confirmation of receipt by email, which lists the Customer’s order and can be printed using the “Print” function. This confirmation only documents that the order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded when the Provider declares acceptance by sending a separate email (order confirmation). The contract text (consisting of the order, the terms and conditions, and the order confirmation) will be sent to the Customer on a durable medium (email or printout) no later than upon delivery of the goods. The contract text will be stored in compliance with data protection regulations.

(3) The contract shall be concluded in German.

§ 3 Delivery, Availability of Goods

(1) Delivery times stated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price has been made (except for purchase on account). Unless otherwise specified, delivery within Germany is 2–3 days. International delivery times may vary depending on the shipping provider.

(2) If the ordered product is not available at the time of order, the Provider will inform the Customer immediately and automatically arrange a partial delivery of available items. The Customer may object to the partial delivery immediately after receiving the order confirmation and request a complete delivery at the earliest possible date. If the product is permanently unavailable, the Provider will refrain from accepting the offer; in this case, no contract is concluded.

(3) If the product is only temporarily unavailable, the Provider will also inform the Customer immediately in the order confirmation.

§ 4 Retention of Title

The goods remain the property of the Provider until full payment has been received.

§ 5 Prices and Shipping Costs

(1) All prices stated on the website include the applicable statutory VAT.

(2) Shipping costs are displayed in the order form and must be borne by the Customer unless the Customer exercises the right of withdrawal. Orders within Germany are shipped free of charge for order values above EUR 500.

(2a) During the ordering process, a “free shipping” option may be selected. This option is available exclusively to customers who have a valid account number with a shipping service provider used by the Provider and who settle shipping costs directly with that provider. The Customer must provide a valid shipping account number during or immediately after the order process. If no valid number is provided or it is unusable, the Provider reserves the right to invoice shipping costs afterward based on standard rates.

(3) Shipping is carried out via a shipping service provider. The Provider bears the shipping risk if the Customer is a consumer.

(4) In the event of withdrawal, the Customer shall bear the direct cost of returning the goods.

§ 6 Payment Terms

(1) Payment can be made by prepayment, credit card, or invoice. The Provider reserves the right to change the payment method to prepayment in individual cases. The payment method stated in the order confirmation is binding.

(2) Payment is due immediately upon conclusion of the contract. If a payment date is specified, the Customer is in default upon missing the deadline. In such cases, default interest of 5 percentage points above the base interest rate per year shall apply.

(3) This does not exclude the assertion of further damages due to default.

§ 7 Warranty, Guarantee

(1) The Provider is liable for material defects in accordance with legal provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For entrepreneurs, the warranty period is 12 months.

(2) Any additional guarantee only applies if explicitly stated in the order confirmation for the respective item.

§ 8 Liability

(1) Claims for damages are excluded, except for damages resulting from injury to life, body, or health, or from the breach of essential contractual obligations, as well as liability for damages caused intentionally or by gross negligence.

(2) In case of breach of essential contractual obligations, liability is limited to foreseeable, typical damages, unless involving injury to life, body, or health.

(3) These limitations also apply to representatives and agents of the Provider.

(4) The limitations do not apply if a defect was fraudulently concealed or a guarantee was given. Product liability law remains unaffected.

§ 9 Right of Withdrawal

Consumers have a statutory right of withdrawal:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day you or a third party designated by you takes possession of the goods.

To exercise your right, you must inform us by means of a clear statement (e.g. letter or email).

Consequences of withdrawal

All payments, including standard delivery costs, will be refunded within 14 days. Refunds may be withheld until the goods are returned. The Customer bears return shipping costs and any loss in value caused by improper handling.

Template: withdrawal form

(Complete and return only if you wish to withdraw)

— To [insert the name, address and, if applicable, the fax number and
email address of the trader]:
— I/We () hereby withdraw from the contract concluded by me/us ()
for the purchase of the following goods () / the provision of the following
service ()
— Ordered on () / received on ()
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if notification is on paper)
— Date

§ 10 Final Provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) For merchants or legal entities under public law, jurisdiction is the Provider’s registered office.

(3) If any provision is invalid, the remaining provisions remain valid. Invalid provisions are replaced by statutory regulations unless this causes unreasonable hardship.