General Terms and Conditions/Buyer Information
(last change 01.April 2022)
I. Basic provisions
§ 1 Validity
The contract is concluded with Zentrum für Energie- und Umweltstudien GmbH, Siemensstr. 4/c, 39100 Bozen (hereinafter referred to as the Seller).
The following contractual terms and conditions shall apply to all contracts concluded between the Seller and the respective Buyer and are expressly acknowledged with the order. If the Buyer is a natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or independent professional activity (consumer), §§ 1 to 11 shall apply, otherwise §§ 1 to 7 and 12 to 15.
§ 2 Formation of the contract
The Seller's offer of goods on the Internet does not constitute a binding offer to conclude a purchase contract, but an invitation to submit an offer. The Buyer may submit his purchase offer by telephone, in writing, by fax, by email or via the ordering system integrated in the Seller's online shop. When purchasing via the online shop, the goods intended to be purchased are placed in the virtual "shopping basket". Using the corresponding button on each page, the customer can call up the "shopping cart" and make changes there. Then the buyer enters the personal data and selects the payment and shipping terms. Before the final submission of the purchase offer, the customer has the possibility to check his details again, to change them or to cancel the purchase. By sending the order via the button "Order with costs", "Order with payment" or "Buy", the customer submits a binding offer. The customer will first receive an automatic e-mail confirming receipt of his order. This confirmation of receipt does not yet lead to the conclusion of the contract.
The acceptance of the offer (and thus the conclusion of the contract) takes place separately in each case, either by confirmation in text form, in which the processing of the order or delivery of the goods is confirmed to the buyer, or by sending the goods.
If the buyer has not received an order confirmation or notification of delivery or no goods within seven working days, he is no longer bound to the order. In this case, any services already rendered will be refunded immediately.
§ 3 Prices, shipping costs
All prices stated are net prices in € plus the value added tax valid on the day of delivery. With the publication of the current catalogue, price quotations in earlier catalogues lose their validity; different prices may be shown for online offers.
Only in the case of cross-border delivery may further taxes (e.g. in the case of a purchase within the European Community) and/or duties (e.g. customs duties) be payable by the buyer in individual cases, but not to the seller but to the customs or tax authorities responsible there.
In addition, the buyer must pay shipping costs. These are not included in the purchase price. They can be called up via the page "Delivery and shipping costs" and are shown separately during the ordering process.
§ 4 Retention of title
The goods remain the property of the seller until the purchase price has been paid in full.
§ 5 Contract language, storage of the contract text
The contract language is exclusively German. The text of the contract (order data and general terms and conditions) shall be stored by the Seller. However, the storage is only for a limited period of time and is not accessible to the Buyer. The Buyer shall himself provide for a printout or separate storage.
§ 6 Choice of law
Italian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
§ 7 Limitation of liability
(1) The supplier is liable without limitation for damages resulting from injury to life, body or health, insofar as he fraudulently conceals a defect or has assumed a guarantee for the quality of the object of purchase, for damages caused intentionally or by gross negligence, for damages under the Product Liability Act and insofar as it is also mandatory by law.
(2) Insofar as essential obligations from the contract are concerned, the breach of which endangers the achievement of the purpose of the contract, the liability of the seller in the case of slight negligence shall be limited to the foreseeable damage typical for the contract.
(3) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
II Supplementary Terms and Conditions for Consumers
§ 8 Terms of payment and shipment
Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the seller and the carrier of any complaints as soon as possible. Your warranty claims remain unaffected by this.
The risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to the buyer until the goods are handed over.
§ 9 Costs of return shipment in the event of revocation
It is agreed that in the event of the exercise of the right of revocation applicable to consumers in the case of distance contracts, the consumer shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods or if, in the case of a higher price of the goods, the consumer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation.
§ 10 Warranty
(1) The statutory provisions shall apply.
(2) In the case of used goods, the warranty period for consumers is one year from delivery of the goods. The one-year warranty period shall not apply to damages resulting from injury to life, body or health for which the seller is culpably responsible, nor to damages caused by gross negligence or wilful misconduct on the part of the seller, nor to claims for recourse.
§ 11 Place of jurisdiction
If the consumer does not have a general place of jurisdiction in the EU or if the place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction shall be the registered office of the seller. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected by this.
III Supplementary terms and conditions if the buyer is not a consumer
§ 12 Transfer of risk
The risk of accidental loss and accidental deterioration of the object of sale shall pass to the buyer who is not a consumer as soon as the seller has delivered the object to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
§ 13 Warranty
(1) The warranty period is one year from delivery of the goods. This does not apply to damages resulting from injury to life, body or health for which the Seller is culpably responsible, and does not apply to damages caused by gross negligence or wilful misconduct or fraudulent intent on the part of the Seller, or in the case of recourse claims.
(2) Only the seller's own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
(3) The buyer, who is not a consumer, is obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify the seller in writing of obvious defects within seven days of receipt of the goods. The same shall apply to hidden defects discovered later from the time of discovery.
In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
(4) The seller shall fulfil the warranty claim in the case of defective purchased goods at his discretion by rectification of the defect or replacement delivery. If the remedy of the defect fails twice, the buyer may, at his option, demand a reduction in price or withdraw from the contract.
In the event of rectification of defects, the buyer shall bear the increased costs arising from the fact that the goods have been transported to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
§ 14 Extended retention of title
(1) The seller retains title to the goods vis-à-vis buyers who are not consumers until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, the buyer is not entitled to pledge the item or to assign it as security.
(2) The buyer is entitled to resell the goods in the ordinary course of business.
In this case, the buyer already now assigns to the seller all claims arising from the resale in the amount of the invoice amount. The seller accepts the assignment.
The buyer is further authorised to collect the claim. The seller reserves the right to collect the claim himself if the buyer does not properly fulfil his payment obligations.
(3) If the reserved goods are combined and mixed, the seller shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(4) The Seller undertakes to release the securities to which it is entitled at the Buyer's request to the extent that the value of the securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on the seller.
§ 15 Place of performance, place of jurisdiction
The place of performance for all services arising from the business relationship with the customer and the place of jurisdiction shall be the registered office of the seller. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
Notes on ordering chemicals
Safety data sheets of the chemicals are available and will be sent on request. The ordering of chemicals by private customers is only possible by persons of full age and only after sending a proof of age (copy of identity card). For certain chemicals, the signing of an end-use declaration may be necessary.
Information on battery disposal
In connection with the sale of batteries with the delivery of devices containing batteries, the seller is obliged to inform the buyer of the following:
As the end user, the buyer is legally obliged to return used batteries. He may return used batteries, which the Seller carries or has carried in its range as new batteries, free of charge to the Seller's dispatch warehouse. The symbols shown on the batteries have the following meaning:
The crossed-out dustbin means that the battery must not be placed in the household waste.
Near the dustbin symbol is the chemical name of the pollutant.
"Cd" means that the battery contains more than 0.002 mass percent of cadmium.
" Pb" stands for the fact that the battery contains more than 0.004 mass percent lead.
"Hg" indicates that the battery contains more than 0.0005% mercury by mass.