Zur Navigation springen

Our terms and conditions

1. General


Transactions and agreements, as well as oral agreements - especially as they alter this general terms and conditions - only get obligatory for us by our written confirmation. The same applies to arrangements made with our representatives or travelers.

Regarding third parties also exclusively our general terms and conditions are valid.

The receipt of our confirmation letter is deemed to be as approval and acknowledgement of our terms and conditions.
 

2. Contract Conclusion


Our offers are always subject to change.

Telegraphical, written or telephonical orders just get obligatory for us when we have verified them in a written form or when the items got subject to delivery. In case of insufficient information about the buyer approaching us after the conclusion of the contract, we are authorized to rescind the closed contract or to ask for prepayment or a security deposit. The customer does not have the right to withdraw from the contract when we ask for prepayment or a security deposit based on insufficient information.

Supplementary agreements or subsequently made changes must be confirmed by us in a written form to get effective. Oral statements by representatives or employees require a written confirmation to be significant.
 

3. Prices


The at the time of dispatch current daily prices are being calculated plus the effective statutory VAT (value added tax) at the date of shipment.
 

4. Terms of Payment


The payment has to be made per cash in advance without any discount, if there is no explicitly different agreement.

If the payment is not in time, we will:

a. charge interests as high as the usual interest for an open credit by our house bank without a demand note or a proof of loss. The assertion of an additional loss, as well as of the rights from � 326 BGB (German Civil Code), stay reserved.

b. bring to account all outstanding invoices for this or other orders adverse the buyer and possibly incoming bills of exchange or checks, with a later due date for payment, will become due and

c. retain our deliveries for this and / or other purchase orders until the buyer satisfied all claims for this and other transactions.

Credit notes about checks are accepted under reserve of arrival and irrespective of an earlier due date of payment, if the buyer is in default. They will turn effective on the date we possess the counter value.

In addition we are authorized to accomplish outstanding deliveries only against prepayment or by way of security, as well as to withdraw from the contract after an adequate respite - even after a partial implementation - or to demand for compensation because of a failure of performance or to refuse our accomplishment, irrespective of the right to redeem the products of a conditional sale contract.

Furthermore we are able to repossess the in a conditional sale delivered goods, without exercising the right to withdraw from the contract.

Summations and the rights of detention by the buyer are excluded adverse our claims. In this respect, the buyer is referred to a separated legal action.
 

5. Delivery Time


The delivery period starts with the date of our acceptance of an order, but not before clarifying all details of completion. It�s regarded as being hold with the timely announcement of being willing to deliver. In case of a late delivery caused by circumstances not owing to us, especially interruptions of operation through no fault of our own, arrangements caused by industrial actions, malfunctions of material ordered by us or due to force majeure, we are discharged of a default in delivery.

The delivery period extends appropriately, if the orderer does not provide all necessary documents, authorizations, approvals, information and the like, as well as if we do not obtain the agreed deposit in time, or if he wishes for a technological change. The delivery time is being maintained, if the product has left the storage before the delivery time expires or if the readiness for shipment has been announced.

The terms of delivery mentioned in our offers or made orally has to be regarded as being approximate and non-binding. Even if the date of delivery is expressly agreed, any kind of interruptions of operation or other difficulties in delivery release us from the commitment to maintain the delivery time and allow us to adequately delay the time of delivery.

Part-deliveries are permitted.

If we exceed the time of delivery, the purchaser has to set us an adequate extension of time. After this time limit has expired he is in this respect able to withdraw from the contract, if the products did not get announced as being ready for shipment within this time period.

For transactions with business people, if these transfers belong to the operation of commerce, or for transactions with legal bodies or legal institutions: damages for non-performance caused by a late delivery, or by impossible delivery are excluded from separate assets, if there does not exist intent or culpable negligence on our site. For business with non-business people, such claims are limited to the proven damage of maximum 10 percent of the value of that part of the shipment or performance, we are being late with, or which got impossible for us, if there does not exist intent or culpable negligence on our site. In case of a late shipment caused by our fault and if the purchaser suffers damages hereby, he can demand a compensation of maximum 10 percent of the value of that part of the shipment, which could not be used to the purpose or put into operation caused by this delay.

The last restriction is not effective if there exists intent or culpable negligence on our site.
 

6. Shipment and Transfer of Perils


With handover to the shipper or freight carrier, the latest with leaving our storage, the risk is transferred to the purchaser, even if there are part-deliveries or further performances, e.g. shipping and transportation costs and the like, taken over by us.

On the purchaser's demand and at his expense we are obliged to take out the insurance, he asks for.

We are not committed to take out insurances against damages, especially damages in transit.

The orderer bears the costs as far as we take out insurances according to our equitable discretion.

The dispatch and the means of transportation are left to our choice. For shipments via wagon or truck we do not guarantee full utilization of the loading capacity. In each case of the buyer not giving exact instructions for the process, this is made in our best discretion without any accountability regarding to the cheapest and most practicable shipment or export.
 

7. Reservation of Proprietary Rights


Our deliveries are exclusively taking place a reservation of property rights. The property does not pass on to the buyer till he fulfilled all liabilities, based on which ever legal basis, adverse us. The same is true, if the payment has already been made for certain, from the buyer designated shipments. For ongoing invoices the reserved property rights are deemed to be an assurance for outstanding debts.

The processing and handling of our shipped good is for us and according to our instructions only taking place to the exclusion of the reservation of proprietary rights for the benefit of the buyer, depending on 950 BGB (German Civil Code), without liabilities from this arising for us. When the buyer is processing, connecting or mixing our shipped goods with other goods, which are not owned by us, we are entitled to a joint ownership of the new object, proportional to the value of the goods under reserve compared to the other processed goods at the point of process. By the way, the same as for the goods under reserve is true for the new object evolved from processing. It is regarded as goods under reserve in terms of this condition. The buyer is already by now subrogating his proprietary and co-owner rights of the connected and mixed goods or the new object to us and keeps it in commercial carefulness for us. The buyer�s receivables against third-parties from selling-on the retained goods are hereby subrogated to us for our assurance till all of our receivables out off the delivery of goods including all ancillary rights are totally paid off, regardless whether the retained goods are resold without or after processing, combination or mixing.

The buyer commits himself not to dispose ulterior of payments made per bank transfer or postal check, which are related to receivables subrogated to our assurance. All incoming payments for subrogated receivables to us have to be recorded in a separated cash register and bank transfers have to be forwarded to us.

If the buyer sells the retained goods together with other goods, not owned by us or the buyer, without or after processing, combination or mixing, the abandonment of the claim of the purchase price is only valid to the amount of the value of the retained goods, which are together with the other goods the object of this purchase contract or a part of the object of purchase.

The buyer is authorized and empowered to resell or retail retained goods only in common trading and only as long as he is not being in default and as long as the claim for the purchase price from reselling is passed on to us according to the preceding paragraphs. On our request the buyer is committed to announce the abandonment to the third-party purchaser to us and to hand over all necessary information and documents needed to assert our rights. On our part we are able to inform the garnishee about the acquisition of the claim ownership.

If the value of for us existing securities all in all exceeds our claims for about 20 percent, we are committed to liberalize and to retrocede the securities of our choice on the purchaser's demand. Pledging and transfer by way of security of retained good by the customer is forbidden. The buyer has to inform us immediately about pledging and any other interference of our rights by third parties.
 

8. Warranty


For transactions with business people, if these transfers belong to the operation of commerce, letter of complaints because of noticeable defects have to receive us immediately in written form, the latest 10 days after the arrival of the goods at the destination point. Defects, which even cannot be found by due diligence at the time, have to be announced in written form immediately within 10 days after ascertainment however the latest 2 months after the invoice date. The delivery receipt has to be sent in written form as well.

At the existence of defects, whereto the missing of assured features belongs to, which verifiable aroused from a circumstance which lies before the transfer of perils, we warrant at our own choice by reconditioning of the delivered goods or by replacement. Defective goods must be sent back.

Defects or damages, which can be traced back to culpable or improper treatment or improper installation, as well as to usage of unsuitable accessories or to modification of original parts by the orderer or by not by us assigned third parties, or wear and tear are excluded from warranty.

If the adequate period of grace given to us elapses, without removing the damage or delivering replacement, or if remedy or replacement failed or were denied by us, the buyer is able to cancel the contract or to ask for a markdown.

Other than the aforementioned claims - especially claims for damage - by the orderer are excluded, if nothing aberrant falls into place out of paragraph 9.
 

9. Compensation of Damages


Claim for damages of all types adverse us or our servants because of the breach of collateral duties or default by tortious act when the contract is conducted are excluded, if intention or gross negligence is not given on our side.

At gross fault or in the cases in which the liability even without gross negligence cannot be excluded or further restricted at transactions with business people, if these transfers belong to the operation of commerce, or for transactions with legal bodies or legal institutions, the liabilities are always restricted to the at the time of the conclusion of the contract predictable damage. The settlement in paragraph 7 stays untouched hereof.
 

10. Consequential Loss


We are not liable for consequential loss, which evolved at al. by alteration, processing or improper utilization of the shipped goods.
 

11. Place of Fulfillment and Court of Jurisdiction


The place of fulfillment for all obligations out of the contractual relationship is Krefeld, Germany. The court of jurisdiction for all disputes including check claims is Krefeld, Germany.

The same applies to disputes, which occur after the termination of a contract, but which have their origin in the ended contractual relationship.
 

12. Severability Clause


If one of the preceding clauses is effectless, the terms and conditions obtain their validity incidentally. The legal regulations supersede the ineffective clauses. As far as such does not exist both parties are committed to make an agreement, which comes as close as possible to the by the ineffective clause intended and economically traced purpose. Would that turn out to be an unacceptable harshness for the buyer, if he holds on to the contract when these settlements apply, he is able to withdraw from the contract by deed poll adverse the supplier.
 

13. Instruction on Revocation


right of withdrawal

The contract shall be entered into by acceptance by Tenshock Europe GmbH of the customers order. Acceptance by Tenshock Europe GmbH takes place upon the customers receipt of the item after the item′s shipment by Tenshock Europe GmbH, or alternatively, when Tenshock Europe GmbH has performed the service for the customer. If the customer orders on the Internet, Tenshock Europe GmbH will confirm the order electronically. This order confirmation does not imply acceptance of the contract.

Due to the legally mandated customers right of withdrawal, a pending contractual relationship on the part of Tenshock Europe GmbH comes into effect through ordering and receipt. The customer can cancel his or her contractual statement within fourteen days without a stated reason, either in written form (e.g., letter, fax, email) or through the return shipment of the item purchased. The 14-day period begins after the receipt of this written withdrawal notice, but not before the delivery of the product to the customer and not before the fulfillment of our informatioinal obligations as regards 312 c) 1 in the German Civil Code in connection with 1 1 and 2 in the Introductory Law of the Civil Code as well as 312 e) 1 sentence 1 in the Civil Code in connection with Article 246 3 in the Introductory Law of the Civil Code. The timely sending of the withdrawal notice suffices to endure the withdrawal period.


The revocation has to be addressed to:

Tenshock Europe GmbH
Rheinstr. 1-5
47799 Krefeld
GERMANY
fax: 0049 (0) 2151/32 69 700
executive director: Alexander Pasch

Custom products and individual productions which were made upon customer request are excluded from the right of withdrawal.
 

cancellation consequences

In the event of effective withdrawal any mutually received benefits are to be refunded or returned. If you are unable to release the rendered service either in full or in part or only in deteriorated condition, you may be liable to pay compensation in this respect. This does not apply if such deterioration of the merchandise delivered can be attributed solely to its examination - as would have been possible at a retail location. Further, you may avoid the obligation for compensation by not using the merchandise as an owner and by refraining from any actions which could affect its value. Items transportable by parcel post are to be returned. If returning the item is not possible due to weight or bulk, it is sufficient for the customer to send a written demand of withdrawal to Tenshock Europe GmbH within 14 days of recieving the item. Return shipping expenses are to be paid by the buyer when the goods delivered are as stated and the price of the goods returned does not exceed 40 Euros, or for higher priced items, if the delivered item matched the order. For all other cases, return shipment is free of charge. All obligations on both sides for the reimbursement of payments must be fulfilled within a 30 day period, which begins for the customer upon sending the item or cancellation notice, and for us when we receive the same from the customer.

  1. Right of withdrawal does not apply to:
  2. Delivery of items prepared to customer specifications or specifically tailored to the customers needs; items that are perishable, not suitable by their nature to be returned, or past their expiration date;
  3. Before returning devices with storage media (e.g. hard drives, USB sticks, mobile phones, etc.), please note:
  4. You are strictly responsible for the security of the data. Please make backup copies and erase any personal information. This is especially important if the personal data of third parties is involved. If erasure is not possible due to a defect, we ask you to please warn us of the presence of personal information. Please indicate this clearly and visibly on the resturn notice.

 

14. Battery Directive


Please dispose used batteries as required by law the disposal in household garbage is specifically forbidden by the battery directive - at a community collective point or hand them over to a local retail market for free. Batteries received from us can be given back to us after use to the above mentioned address free of charge or send back by mail. Batteries, that contain harmful substances, are marked with a crossed garbage can, similar to the symbol in the figure on the left. Below the garbage can stands the chemical identification of the harmful substance.
- in the example to the left: Cd for cadmium. Pb stands for lead, Hg for mercury.

Print |  Back |  Go to top