Terms and conditions.

General terms and conditions and client information

I. General Terms And Conditions

§ 1 Basic Provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (FJS pickup Service GmbH & Co. KG) via the website www.tonabnehmerservice.de a mail contact, or otherwise in written form. Unless otherwise agreed, the inclusion of customer's own conditions.

(2) a 'consumer' in the sense of the following regulations is every natural Person who concludes a legal transaction for purposes which can predominantly neither their commercial nor their independent professional activity. Entrepreneur is any natural or legal Person or a legal partnership, in concluding a legal transaction, is exercising its independent professional or commercial activity.

§ 2 conclusion of the contract

(1) the subject-matter of the contract is the sale of Goods and/or the provision of repair services and recovery services.

(2) the Setting of the respective product on our website, we provide you with a binding offer for the conclusion of a contract to the specified in the item description, conditions, and.

(3) by your enquiries regarding the creation of an offer are not binding. We will make this a binding offer in written form (e.g. by E-Mail), which you can accept within a period of 5 days.

(4) The execution of the order and Transmission of all in connection with the conclusion of the contract, the necessary information is sent via E-Mail, in a partially automated. You therefore have to ensure that you provided to us in your E-Mail address is correct, the receipt of the respective E-Mails is technically assured and especially not by a SPAM Filter is prevented.

§ 3 provision of services for repairs and restores

(1) to the Extent that repairs or restores the contract are subject to, the debts, we work from the service description resulting repair or restoration. We shall provide these services to the best of our Knowledge and belief, personally or through a third party.

(2) you are obliged to co-operate, in particular, they describe the device is Defective as fully as possible and the defective device.

(3) you bear the costs for Sending us the defective device.

§ 4 Right Of Retention, Reservation Of Proprietary Rights

(1) A lien can only exercise if it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) if you Are a businessman, the following conditions also apply:

a) We retain ownership of the goods until complete settlement of all claims arising from the ongoing business relationship. Prior to the transfer of ownership of the goods is a pledge or security purposes is not permitted.

b) you can sell the goods in the ordinary course of business. For this case, you already now all claims in the amount of the invoice amount that accrue from the sale, to us, and we accept the cession. Furthermore, you are authorised to collect the claim. As far as you meet your payment obligations properly, we reserve the right, however, to collect the claim ourselves.

c) In the case of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed objects at the time of processing.

d) We undertake to release the securities upon Request of the customer insofar as the realisable 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.

§ 5 warranty

(1) the statutory warranty rights are applicable.

(2) In the case of used goods, the warranty period is different from the statutory scheme one year from the date of delivery of the item. The shorter Period does not apply to:

(3) As a consumer, you are requested to check for the cause immediately upon delivery for completeness, obvious defects and transport damage and to us and the forwarder of any complaints as soon as possible. If you do not, this will have no effect on your legal warranty claims.

(4) Insofar as you are an entrepreneur, by way of derogation from the aforementioned warranty regulations:

a) As a condition of the case, only our own information and the manufacturer's product description as agreed, but no other advertising, promotions and public Statements of the manufacturer.

b) In the case of defects, we, at our option by repair or replacement. The defect is not removed, you can demand a reduction in price or withdraw from the contract. The defect removal is applicable after an unsuccessful second attempt as failed, if not particular about the type of the object and / or defect or other circumstances indicate otherwise. In case of repair, we must not bear the additional costs, which arise from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c) The warranty period is one year from the date of delivery of the goods. The shorter Period does not apply to:

– for us, attributable culpably caused damages resulting from injury to life, body or health and in the case of intent or gross negligence caused other damage;
– insofar as we have fraudulently concealed a defect or has given a guarantee for the condition of the item;
– in the case of goods which are in accordance with their normal use for a building and which have caused the defectiveness;
– for statutory recourse claims, which you have in connection with warranty rights against us to handle.

§ 6 Choice Of Law, Place Of Fulfilment, Jurisdiction

(1) German law shall apply. For consumers, this choice of law applies only insofar as this is through mandatory provisions of the Law of the state of the habitual residence of the consumer protection granted is not withdrawn (Favourability).

(2) the place of performance for all services arising from the existing business relations, as well as the place of jurisdiction is our registered office, if you are not a consumer, but a businessman, a legal entity of public Law or a public-law special Fund. The same applies if you do not have a General place of jurisdiction in Germany or the EU or the domicile or habitual residence at the time the complaint is not known. The power of the court in another legal jurisdiction remains unaffected.

(3) The provisions of the UN sales Convention explicitly do not apply.

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II. customer information

1. The identity of the seller

FJS pickup Service GmbH & co. KG
Kämpenweg 19
33142 Büren
Germany
Phone: 029516025084
E-Mail: info@tonabnehmerservice.de

Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court Online dispute resolution (OS platform), accessible https://ec.europa.eu/odr.

2. Information on the state 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.) come.

3. The Contract Language, Contract Text Storage

3.1. The contract language is German.

4. Main features of the product or service

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment arrangements

5.1. In the respective offer prices and shipping costs represent total prices. They include all the price components, including all the incidental taxes.

5.2. The shipping costs are not included in the purchase price.

5.3. The delivery to countries outside the European Union may be incurred which we are not responsible for additional costs, such as duties, taxes or money transfer fees (Bank Transfer or exchange rate fees of the credit institutions), which are to be borne by you. Costs incurred for the transfer of funds are to be borne by you in cases in which the delivery member state in the EU, the payment was initiated outside the European Union.

5.5. As far as the payment method, not otherwise specified, the payment claims from the concluded contract are immediately due for payment.

6. Delivery terms and conditions

6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found, accordingly, referred to in the offer letter or an oral or telephone agreement, after they came in contact with us.

6.2. If you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipping only passes with the Transfer of the goods to you, regardless of whether the shipment is insured or uninsured occurs. This does not apply if you have independently a non-entrepreneurs unnamed transport company or an otherwise been appointed to execute the dispatch certain Person.

Are you an entrepreneur, the delivery and shipping is at your risk.

7. The Statutory Liability For Defects Law

The liability for defects is governed by the "warranty" provision in our General terms and conditions of business (part I).