The terms and conditions of EMPO-NI
All deliveries and services are subject to the following terms and conditions in their version valid at the time of the order.
The article description and in particular the pictures are subject to the copyright of EMPO-NI. The use without consent will be investigated.
§ 1. Contractor, contract
Contracting party in the context of the following terms and conditions is the company Rimma Honsberg, EMPO-NI off-grid solutions, Erkrather Strasse 401, 40231 Düsseldorf, Germany, Germany. Further information on the communication data can be found in §15.
By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract.
The order is accepted by sending the goods. After receiving an online order, an order confirmation will be sent automatically.
§ 2. Agreement on the condition
The quality of the object of purchase underlying the contract results exclusively from the manufacturer's information in the respective operating instructions.
The purchase price includes the applicable VAT at the current rate of 19%.
All prices quoted, including packaging and shipping, are valid only within Germany and the countries indicated in the European Union.
§ 4. Payment methods.
Payment in advance by bank transfer, within Germany also by cash on delivery.
§ 5. Delivery.
For the scope, content and pricing of each delivery our written order confirmation is authoritative. Partial deliveries are permitted. The delivery takes place against Vorkasse.Die delivery takes place by shipment from stock to the address communicated by the customer.
A self-collection is not possible for logistical reasons.
Regardless of the shipping method or the specific shipping name, shipping is at our risk if the buyer is a consumer. In this case, the risk passes to the buyer only if he has acquired the possession of the purchased item or are in default of acceptance.
If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur in accordance with § 14 BGB, the shipment is at the risk of the buyer.
The delivery period is not binding, but is generally 2 - 5 days after receipt of payment. Information about the delivery times are not binding, as far as exceptionally the delivery date was binding and promised in writing.
Each delivery is subject to the condition that EMPO-NI itself is delivered on time and properly.
If, contrary to expectations, a product ordered by the customer is not available despite timely disposition for reasons for which EMPO-NI is not responsible, EMPO-NI will immediately inform the customer of the unavailability and, in the event of withdrawal, immediately reimburse the customer for any payments already made.
Compensation for late or failed delivery is excluded unless there is intent or gross negligence on the part of EMPO-NI. Further claims of the customer are reserved. If delays in delivery are due to reasons beyond the control of EMPO-NI (force majeure, fault of third parties, etc.) the deadline shall be extended accordingly. The customer will be informed immediately.
If the causes of the delay last longer than four weeks after conclusion of the contract, each party is entitled to withdraw from the contract.
§ 5a. Shipping
For the shipment of the goods, a packing and forwarding fee is charged, the exact amount of which is separately awarded for each delivery.
Deliveries abroad are only made in advance and must be requested in advance. Depending on the item, the goods are shipped by (UPS, DPD, DHL, Post, Hermes or GLS).
§ 6. Property reservation
The ordered goods remain the property of EMPO-NI until full payment. Prior to transfer of ownership, pledging, assignment by way of security, processing or transformation is not permitted without the express consent of EMPO-NI.
§ 7. Transportation damage
If goods are delivered with obvious damage to the packaging or the contents, the customer must immediately complain to the freight forwarder / freight service and refuse acceptance.
In addition, contact EMPO-NI without delay. Defective defects must be reported to EMPO-NI immediately upon discovery. If the customer is a merchant, he must visually inspect the packaging of the merchandise before receiving it. to report the damage in transit or to refuse acceptance.
The claims of the purchaser against EMPO-NI in the event of defects shall be governed by the statutory provisions within the statutory periods, insofar as the following provisions do not lead to deviations.
The warranty for new goods is 2 years from date of invoice. In case of complaints, the date of purchase must be proven with an invoice.
Obvious defects must be reported in writing to the customer without prejudice to the existence of his warranty claims. Incidentally, the statutory provisions according to §§ 434 ff., 475 Abs. 1 BGB apply.
Damage caused by improper or breach of contract by the customer, during installation, connection, operation or storage, do not constitute a claim against EMPO-NI. The improper use / application and lack of conformity are determined in particular according to the manufacturer.
The manufacturer's warranty extends only to the products, but not to consequential damage, loss or willful damage. This regulation does not affect the statutory warranty provisions. The customer has to provide proof in the form of an invoice copy under warranty.
Each warranty is void if operation or maintenance is not followed, changes are made to the products, parts are replaced, or consumables are used that do not conform to the product specifications. Likewise, any warranty is void if there are damages that are due to improper handling.
The replacement of "defective" items within the warranty period is free for the customer. If the "new parts" are delivered by parcel service / post within the warranty period, the customer bears the shipping costs. In case of misuse and improper use of the goods, the customer bears the costs of repair or repair.
Customer must contact EMPO-NI before returning.
If the customer sends back damaged or worn out goods, the legally permissible amount will be deducted. This can be avoided by the customer returning the goods without any signs of use and in the original packaging.
Warranty service does not extend or revive the product warranty. The limitation period for claims for defects is 12 months, calculated from the transfer of risk.
§ 9. Right of Cancellation (Cancellation Policy)
The customer can revoke his contract within one month without giving reasons in writing (eg letter, fax, e-mail) or - if the customer the thing before the deadline expires - by returning the goods. The period begins after receipt of this instruction in writing, but not before receipt of the goods at the recipient (in the case of recurrent delivery of similar goods not before receipt of the first partial delivery) and not before fulfillment of our information obligations in accordance with § 312c para 2 BGB in conjunction with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.
The revocation must be sent to:
Erkrather Strasse 401
40231 Düsseldorf, Germany
Fax: +49 (0) 321 212 841 95
The return of ordered goods must be made with the delivery note and the account details attached.
A right of withdrawal does not apply if:
1. in the case of goods which have been produced according to customer specifications or on behalf of the customer or are clearly tailored to the personal needs of the customer.
If the customer is not a consumer according to § 13 BGB, he has no right of revocation and return according to. §§ 312d, 355, 356 BGB.
§ 10. Liability
EMPO-NI is responsible for intent and gross negligence as well as tortious acts and delays. For damage resulting from injury to life, limb or health, EMPO-NI is liable to the full extent of the law. The same applies to such cases as fraudulent misrepresentation, breaches of contractual obligations as well as according to § 437 (2) BGB, in the case of a claim for compensation. The scope of liability according to product liability law remains unaffected.
The data processing takes place in accordance with the applicable Federal Data Protection Act. All data received from the customer will only be collected, processed, used and forwarded to authorized partners, as far as this is necessary for the establishment and execution of the purchase contract and the further business relationship between the customer and EMPO-NI.
§ 12. Reminder, rights of third parties
We guarantee that the rightly disputed passages will be removed without any need for legal assistance. However, we will completely reject any costs incurred by you without prior contact and, if necessary, file a counterclaim for breach of the aforementioned provisions.
If the content or the presentation of these pages infringe third-party rights or statutory provisions, we ask for a message without cost note. The elimination of an infringement of intellectual property rights by these owners may not take place without our consent.
§ 13. Applicable law, jurisdiction
It is only the law of the Federal Republic of Germany. The validity of the UN sales law is excluded. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur in accordance with § 14 BGB, Düsseldorf is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
The same applies if a customer has no general place of jurisdiction in Germany, a customer has relocated after the conclusion of the contract his domicile or habitual residence abroad or his domicile or habitual residence at the time of filing of the action is unknown.
§ 14.Salvatorial clause
Should one or more regulations of these terms and conditions be ineffective, this does not entail the ineffectiveness of the entire contract. The ineffective regulation will be replaced by the pertinent statutory regulation
§ 15. Provider identification
EMPO-NI off-grid solutions
Erkrather Strasse 401
40231 Düsseldorf, Germany
Tel .: +49 (0) 211 361 848 64
Fax: +49 (0) 321 212 841 95
VAT ID: DE247719543