General Terms And Conditions
Terms of Service
General terms and conditions of sale and delivery of Vector Welding Technology GmbH
I. Scope of application
These General Terms and Conditions apply to the sale of products and services offered by Vector Welding Technology GmbH. The customer's terms and conditions are expressly contradicted, insofar as these have not been expressly acknowledged. This also applies if Vector Welding Technology GmbH does not expressly object to this again
II. Offer and order
Offers from Vector Welding Technology GmbH are free. A contract shall be concluded only by written confirmation of order. Written and verbal agreements become effective only by written confirmation by Vector Welding Technology GmbH. Changes and supplements to the written contractual documentation of Vector Welding Technology GmbH also require the written form.
III. Delivery and performance
All deliveries, sales transactions and services within the scope of the business relations shall be subject to the terms and conditions of Vector Welding Technology GmbH. The offers of Vector Welding Technology GmbH are non-binding and free of charge and require a written order confirmation. Deliveries shall be made as far as legally required and contractually agreed, subject to approximate delivery times. Delivery times are complied with, if Vector Welding Technology GmbH can not send without fault in time.
Vector Welding Technology GmbH reserves the right to use property rights and copyrights to the full extent without prejudice to cost estimates, drawings and other documents. Documents may only be made available to third parties with the prior consent of Vector Welding Technology GmbH. Drawings and other documents, if any, shall be returned upon request. This applies accordingly to the documents of the buyer. However, these may only be made available to third parties if Vector Welding Technology GmbH has allowed the delivery / service to be permitted.
The prices stated by Vector Welding Technology GmbH are valid for delivery without installation or assembly ex works plus applicable VAT and freight costs. The prices stated in the offer are authoritative and shall be valid as of the date of the delivery valid prices of the price list Vector Welding Technology GmbH as amended from time to time. VAT, freight, insurance and other incidental expenses are charged separately.
Vector Welding Technology GmbH is entitled to make price changes. The goods are shipped in appropriate packaging. The commercial customer has to conclude a separate transport insurance. Vector Welding Technology GmbH is governed by the provisions of the VDE (German Association of Electrical Engineering, Electronics, Information Technology), which become a contract component.
The invoices of Vector Welding Technology GmbH are immediately due and payable; unless otherwise agreed. In the event of a delay in payment, Vector Welding Technology GmbH is entitled to charge default interest.Any further claims for compensation of Vector Welding Technology GmbH due to default remain unaffected. Delayed payment by the customer entitles Vector Welding Technology GmbH to refuse a further delivery.
VI. Retention of title
The goods remain the property of Vector Welding Technology GmbH until complete payment.
The customer is not entitled, without written agreement, to sell to him delivered goods before the full payment has been made. In the case of processing, the customer's purchase is not permitted until full payment has been received. If the goods owned by Vector Welding Technology GmbH become an essential component of another item as the main item, the ownership of the newly purchased item remains with the Vector Welding Technology GmbH at the amount of the co-ownership share. When processing with other goods subject to retention of title by Vector Welding Technology, Vector Welding Technology GmbH is entitled to co-ownership of the new item in the ratio of the value of the reserved goods to the total value. The customer's claim arising from a possible resale of the goods of Vector Welding Technology GmbH is assigned to Vector Welding Technology GmbH and serves to secure the claim. These rights include all ancillary rights and collateral. At the request of Vector Welding Technology GmbH, the customer is obligated to transfer assignments to the acquirer and to provide Vector Welding Technology GmbH with all necessary information for the assertion of its rights against the acquirer and to hand over the documents. A pledge or security surrender subject to the delivered goods is prohibited. Pfleiderer shall immediately notify Vectorwelding Technology GmbH, stating the attachment creditor. The custody of the goods delivered under reservation is free of charge. The customer has to insure them against the usual dangers such as fire, theft and water damage. The Purchaser assigns to the Vector Welding Technology GmbH his compensation claims, which are due to him from damages on the delivered goods under insurance companies, in the amount of his claim.
VII. Transfer of risk, delivery and performance
Delivery ex works unless otherwise agreed.
Vector Welding Technology GmbH is entitled to partial deliveries insofar as they are reasonable for the Purchaser. The risk of accidental loss is transferred to the commercial customer as soon as the goods leave our factory. Compliance with agreed deadlines requires the timely receipt of all documents, necessary approvals, plans and other obligations to be provided by the customer. The deadline for delivery, without setting up or assembling the ordered consignment within the agreed delivery periods, shall be deemed to be met. If the delivery is delayed due to reasons for which the customer is responsible, the deadline shall be deemed to have been adhered to when notification of the dispatch is received. If Vector Welding Technology GmbH is not implicitly prevented from complying with the date of delivery, the performance date shall be postponed by a reasonable period, in particular in cases of force majeure and other circumstances which Vector Welding Technology GmbH is not responsible for. If the dispatch is delayed at the customer's request, Vector Welding Technology GmbH may demand reasonable storage charges. Compensation claims due to delay of delivery are excluded, unless they are legally prescribed by law. Vector Welding Technology GmbH may require the customer to oblige the customer to declare within a reasonable time whether the customer resigns or insists on delivery.
VIII. Warranty / deficiency / liability
Vector Welding Technology GmbH is liable in the case of defects according to statutory provisions with the following peculiarities: The obligation to retrofit is subject to all those parts and services that were defected within the statutory time limits from the date of transfer of risk as a result of a circumstance before the risk transfer or their usability was impaired ,
The determination of such defects is to be made by Vectorwelding Technology GmbH immediately in writing against the commercial customer. Vector Welding Technology GmbH is only liable in case of intent and gross negligence and excludes any further liability, as far as permissible. In the case of simple negligence, further damages, in particular for lost profits and other damages, are excluded. The above limitation of liability and the above exclusion of liability shall not apply to claims which have caused personal injury or material damage due to faulty products.
The customer's rights are excluded if the purchaser has not, or has not completely, complied with the service and operating instructions, or if any other improper operation has been carried out. If the commercial customer has a defect, within the warranty period in writing, his claims for warranty expire one year after the dispatch of the advertisement.
IX. Applicable Law and Jurisdiction
For merchants the following follows:
The contractual relationship is subject to the law of the Federal Republic of Germany, in particular to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, the CISG and private international law. Exclusive jurisdiction for all contractual and related claims is Cologne.
X. Severability clause
Should individual provisions of these terms or other contractual components be or become invalid, the remaining provisions remain valid. This shall not apply if the retention of the contract would constitute an unreasonable hardship for one of the contracting parties.
As of July 2017
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (VECTOR WELDING Technology GmbH) via the www.vector-welding.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Individually-designed products
(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) Claims for defects shall be excluded for used items if the defect occurs after one year from delivery of the item. If the defect occurs within one year from delivery of the item, claims for defect can be asserted in accordance with the statutory limitation period of two years from delivery of the item. The above limitation does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(4) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§ 6 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
VECTOR WELDING Technology GmbH
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Codes of conduct
4.1 We are voluntarily subject to the Trusted Shops GmbH code of ethics, which can be viewed at:
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
6.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
6.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
7. Delivery conditions
7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/
9. Information for battery disposal
In connection with the sale of batteries or with the delivery of devices that contain batteries, we are under obligation to bring the following to your attention:
As the end user, you are legally under obligation to return used batteries. You can return old batteries, which offer or have offered in our new battery assortment, free of charge to our dispatch warehouse (dispatch address). The symbols showed on the batteries have the following meaning:
The symbol of the crossed-out dustbin means that the battery may not be discarded with the household waste.
Pb = Battery contains more than 0.004 percent by mass of Lead
Cd = Battery contains more than 0.002 percent by mass of Cadmium
Hg = Battery contains more than 0.0005 percent by mass of Mercury.
Please pay attention to the above instructions.
last update: 23.10.2019