General Terms and Conditions
(1) Legal relations between GSA Messgerätebau GmbH (hereinafter referred to as 'seller') and their customers shall solely be governed by the following Terms and Conditions in the version which is valid at the time of placing the order.
(2) Terms and Conditions of the customer which conflict with or deviate from these Terms and Conditions shall not apply.
§ 2 Conclusion of a contract
(1) The presentation of the goods in the online shop merely constitutes a so-called invitatio ad offerendum. This means it is an invitation to the customer to submit an offer. It is not a legally binding offer by the seller, but merely the information about the willingness to conclude a contract.
(2) By placing an the order in the online shop the customer makes a legally binding offer to enter into a purchase agreement on the basis of § 145 BGB (German Civil Code). By sending the order, the customer agrees that the legal relations with the seller shall exclusively be governed by the present Terms and Conditions.
(3) The order confirmation does not constitute a legally binding acceptance of the offer but a mere overview of the customer's offer. Acceptance of the contract offer takes in fact place through delivery of the goods or an explicit declaration of acceptance by the seller, should the customer so desire.
(4) Customers not resident in a EU country cannot order through the online shop. They have the possibility to send the seller an offer to conclude a contract by telephone, email, fax or letter.
§ 3 Essential contractual obligations
(1) The seller shall supply the goods to the customer free of material defects and defects of title and to transfer the ownership rights.
(2) The buyer is obliged to pay the agreed purchase price and accept the goods.
§ 4 Prices
All prices stated are net prices. They do not include costs for packaging and insurance, which will be charged separately. Prices at the time when the order was placed shall apply.
§ 5 Retention of title
(1) Ownership of the goods is transferred under the condition precedent that the purchase price has been fully paid. Until full payment has been made the ownership shall be retained by the seller.
(2) For the duration of the retention of title the customer can resell the goods. The customer assigns to the seller already today all claims in the total invoice amount obtained through the resale. After assignment of claims the seller shall be entitled to assert the claims against the third party.
§ 6 Due date of payment, payment methods
(1) Orders via online shop: The customer is obliged to make an advance payment. This means that the goods shall be supplied after advance payment has been received. Invoices for orders via the online shop can be paid by bank transfer or Paypal. Payment by bank transfer will result in an automatic discount of 2%, which will be deducted from the invoice amount.
(2) Other orders: Payment of the invoice amount is due on conclusion of the contract. If the customer orders in a different manner than via the online shop, payment is due upon receipt of the goods. The seller dispatches the invoice together with the goods and grants a 2% discount on the invoice amount for payments made within 14 days after receipt of the invoice. This is granted by the seller only to customers who are not explicitly obliged to make an advance payment.
§ 7 Delivery
Delivery dates which may be stated by the customer are non-binding. If delivery periods are not met, the customer has the right to withdraw from the contract after setting a grace period of 14 days.
§ 8 Warranty and liability for defects
(1) In case the seller has supplied goods with material defects or defects of title, the warranty rights are governed by § 437 German Civil Code (BGB), unless stipulated otherwise within these General Terms and Conditions.
(2) The warranty period for claims due to material defects of newly manufactured or used goods is one year after delivery of the goods to the customer. Exempt from this regulation are claims made by consumers in accordance with § 13 German Civil Code (BGB) with newly manufactured goods, as well as claims on the grounds of injury to life, limb or health and/or claims on the grounds of gross negligence or intentionally caused damages by the seller.
In these cases the statutory periods of limitation apply.
(3) The seller does not give a warranty in excess of the warranty law.
§ 9 Disclaimer
The statutory provisions shall apply.
§ 10 Final provisions
(1) The contractual relations between seller and customer shall be governed by the laws of the Federal Republic of Germany excluding the Law on the International Sale of Goods. This choice of law shall apply to consumers only to the extent that they are not superseded by statutory provisions of another country.
(2) If the customer is a trader in the sense of the German Commercial Code (§1 HGB), a legal entity as defined by the German Civil Code (§ 14 BGB) or public-law special funds, the place of jurisdiction for all disputes arising from the contractual relationship between seller and customer shall be Düsseldorf.
Right of cancellation
You are entitled to cancel the contract within 14 days without stating any reason.
The cancellation period of 14 days begins on the day when you or a third party, other than the carrier, and authorized by you, has taken possession of the goods. In the case of partial deliveries the period begins on the day when you or a third party, other than the carrier, and authorized by you, has taken possession of the final partial delivery.
In order to exercise your right of cancellation, send your explicit declaration (e.g. by letter, fax or email) about your decision to revoke the contract to:
GSA Messgerätebau GmbHChristinenstraße 3
In order to meet the revocation deadline it is sufficient to dispatch your decision to exercise your right of cancellation before the revocation period expires.
Consequences of revocation
In case you revoke this contract, all payments you made to us, including delivery costs (except additional costs incurred resulting from your choice of an alternative method of delivery instead of the standard and most economical method proposed by us) are to be restored immediately and within 14 days after we received information of your cancellation.
For returning the payment we will use the same method that was used by you for the original transaction, unless we agree on a different method. No fees will be charged for making the repayment. We are entitled to refuse repayment until we received the goods or until you proved to us that you have returned the goods, whichever occurs first.
You are obliged to return or hand back the goods immediately to GSA Messgerätebau GmbH, in any case no later than 14 days after you informed us of your cancellation of this contract.
The time limit is complied with if you dispatch the goods within 14 days.
We bear the costs for returning the goods. You are obliged to pay compensation for any deterioration in value only if the deterioration is caused by the use of the goods beyond what is necessary for testing their functionality and characteristics.