Our Gerneral Terms and delivery conditions
General Terms and Conditions
§ 1 Scope and general information
(1) For the business relationship between the seller and the customer the following general terms and conditions apply exclusively. As far as no individual arrangements or agreements have been made, the inclusion of the customer’s own terms and conditions is contradicted.
(2) The customer is a consumer (§ 13 BGB) insofar as he concludes a legal transaction for purposes that cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur (§ 14 BGB) is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The contract shall come into effect with:
Turban CNC-Zerspanungstechnik GmbH & Co. KG
Managing Directors: Christian Turban, Thomas Turban
Am Hofgarten 1
(2) All offers merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the seller (invitatio ad offerendum). As soon as the Seller has received the Customer’s order, the Customer will first be sent an order confirmation by e-mail. The order confirmation does not yet represent the acceptance of the order. After receipt of the customer’s order, the seller will check it at short notice and inform the customer within 1-3 working days in an order confirmation whether he accepts the order.
The ordering process is as follows:
(3) The customer selects a product from the seller’s assortment. Afterwards, the delivery and billing address of the buyer must be entered. By clicking on the button “Order subject to payment”, he submits a binding request to purchase the respective product. The application can only be transmitted if the customer has accepted these contractual conditions by clicking on the button “Accept GTC” and thereby included them in his application. The contract is only concluded when the seller has submitted the declaration of acceptance, which is sent by a separate e-mail.
(4) Contrary to paragraph 3, foreign costs do not constitute a binding offer when the order form is sent. The shipping costs are to be checked separately and will then be communicated to the buyer by e-mail. The buyer can then decide whether a contract is concluded with the seller.
§ 3 Subject matter of the contract, condition, delivery, availability of goods
(1) The subject matter of the contract is the goods specified by the customer in the order confirmation at the final prices stated on the website. Errors and mistakes there are reserved.
(2) The quality of the ordered goods is specified in the product descriptions. Illustrations on the website may not accurately represent the products; in particular, colours may vary considerably for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance descriptions are stated as precisely as possible, but may show the usual deviations. The characteristics described here do not represent defects of the products delivered by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer’s order, the seller shall inform the customer of this in the order confirmation, stating an approximate delivery time. If the product is permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. In this case a contract is not concluded. In the event of a delay in delivery, the buyer is free to withdraw from the contract under the conditions specified in § 323 BGB.
§ 4 Delivery
(1) The delivery time depends on stock levels and is communicated to the buyer in the order confirmation.
(2) The shipping costs within Germany are 15 € (Präzipress) or 18 € (Heavy Präzipress). Deviating delivery costs (foreign shipping) will be communicated to the buyer by e-mail.
§ 5 Payment
Payment is made by invoice or bank transfer
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) There is a 2-year warranty on all products offered.
§ 7 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 8 Liability
The statutory provisions apply.
§ Article 9 Revocation
You have the right to cancel this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you received the order or on which you or a third party named by you, who is not the carrier, took or has taken possession of the goods.
For this purpose, send us your decision by letter, fax, e-mail or telephone by means of a clear statement. You will find a corresponding revocation form in Annex 2 EGBGB. The use is not compulsory, however.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we must reimburse you for all payments we have received from you, including delivery costs, immediately and at the latest within 14 days of the day on which we receive notification of your revocation of this contract.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us immediately and in any event no later than 14 days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the 14-day period has expired.
You shall only be liable for any loss of value of the goods if such loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
§ 10 Final provisions
(1) The contract language is German.
(2) The law of the Federal Republic of Germany shall apply to contracts between the Seller and the customers, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn from the customer.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller’s registered office. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or his place of residence or habitual abode is not known at the time the action is filed.