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General Terms and Conditions
Provider and Contractual Partner
2EyeTec GmbH
Paulsdorfferstr. 34
81549 München
Tel: +49 89 68019684
mail@2eyetec.com
Management: Christian Meyer, Stefan Betz
VAT-ID: DE 329 400 117
Commercial Register: Local District Court München | HRB 255721
1. Scope of Application
The following General Terms and Conditions (GTC) apply to all B2B deliveries by 2EyeTec GmbH.
Contracts are concluded exclusively with businesses. A business within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion Of Contract, Correction Possibilities
The contract of sale is concluded with 2EyeTec GmbH.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.
We accept your offer within two days, by
- we issue a declaration of acceptance in a separate e-mail or
- if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
3. Contract Language, Contract Text Storage
The language(s) available for the conclusion of the contract: German, English
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery Conditions
Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.
We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.
We do not deliver to packing stations
5. Payment
In our store, the following payment methods are generally available:
Prepayment
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
PayPal may offer registered PayPal customers selected according to its own criteria additional payment modalities in the customer account. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
6. Price Information
The prices quoted are net prices and do not include statutory VAT or any shipping costs. In addition to the net price, the gross price may also be displayed in the online store.
7. Right Of Withdrawal
For B2B business to a commercial customer, the right of withdrawal according to §355 BGB does not apply.
8. Reservation Of Proprietary Rights
We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
9. Transport Damages
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
10. Warranty And Guarantees
10.1 Liability For Defects
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions for Businessss
With respect to business, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations for Merchants
Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
10.2 Guarantees And Customer Service
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
11. Liability
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
12. Binding Deadlines and Delay in Delivery
The written form shall apply to binding deadlines.
The buyer shall only be entitled to withdraw from the contract without prior setting of a deadline if he has expressly pointed out by the conclusion of the contract at the latest that performance thereafter no longer constitutes fulfillment of the contract (absolute fixed-date transaction).
13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Final Provisions
If you are an business, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.