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Conditions of Use and Consumer Protection Information |
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1. Scope
1.1 The following general terms and conditions apply exclusively to the business relationship between dccTrade Hanno Bolte (hereinafter "Supplier" or "we") and the customer. Even if the supply is
carried out without reservation, we will not recognize terms and conditions of the customer that conflict with or deviate from our general terms and conditions.
In addition to this, the license terms accompanying the products of the respective manufacturer apply to kits and prefabricated modules. Product names and logos are property of the manufacturer and may not be used
without permission. Product illustrations are exemplary illustrations and may vary slightly from the products supplied.
1.2 Our information and offers regarding the product specifications are subject to change. Errors and omissions reserved. With regard to the constant technical development and improvement of our products we
reserve the right to change construction and design. This also applies to changes that serve to maintain the availability of the product.
1.3 The term "domestic" as used in this text refers to Germany.
2. Conclusion of contract
2.1 The contract is concluded by acceptance of the customer's order by the supplier. The customer receives a confirmation of receipt by email immediately after placing the electronic order. This
confirmation of receipt does not constitute acceptance of the order within the meaning of these GTC. The acceptance of the order shall be effected by sending an order confirmation or proforma invoice.
2.2 The supplier reserves the right to refuse an order without giving reasons. The rejection of an order shall not give rise to any claim for damages on the part of the customer.
3. Instructions on withdrawal and Model withdrawal form
3.1 Right of withdrawal for final consumers (private customers)
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the
carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (dccTrade Hanno Bolte, Sanddornstr. 4, 30855 Langenhagen,
Germany • Tel.: 0511-9782301 • Fax: 0511-97824701 • Email: kontakt@dcctrade.eu) of your decision to
withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the
attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the
right of withdrawal before the withdrawal period has expired.
3.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of
delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the
least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days
from the day on which we are informed about your decision to withdraw from this contract. We will carry out such
reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed
otherwise; in no case will we charge you any fees as a result of such reimbursement. We may withhold reimbursement
until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the
earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from
the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the
goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are
only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish
the nature, characteristics and functioning of the goods.
3.3 In the case of contracts that include soldering work, the right of revocation expires with the receipt
of the notice of commencement of the workshop work.
3.4 There is no right of withdrawal for special orders of items that are not listed in the shop.
3.5 The right of withdrawal does not apply to corporate customers, and to customers residing outside the EU.
4. Prices
4.1 The prices at the time of the order apply to the delivery. The prices shown in the online shop are end consumer prices. In addition to the unit and total price, the invoices shall list the other ancillary costs (shipping charges, surcharges, if applicable).
4.2 The shipping costs depend on the weight, type and value of the consignment, as well as on the recipient country. The current shipping costs can be viewed in the online shop. For deliveries to countries outside the European Union, import duties may be incurred. These are not included in the shipping costs and must be paid by the customer. These additional costs are not shown separately.
5. Terms of delivery and payment
5.1 We supply customers in Germany and abroad, insofar as the delivery does not conflict with any statutory provisions.
5.2 The maximum weight for a delivery is 10 kg, the maximum value of goods 500,- €. Orders with a higher weight or value will be executed in several deliveries.
5.3 Delivery is against prepayment, with sufficient creditworthiness also against open account (only customers from Germany, Austria or Switzerland, delivery exclusively to invoice recipients).
5.4 Open invoices are due after the goods have been delivered and invoiced. The invoice is payable within the specified payment period exclusively by bank transfer and without any deductions. Should you fall into arrears with your payments, we reserve the right to charge you interest on arrears at a rate of 5% (private customers) or 9% (corporate customers) above the respective base interest rate announced by the Deutsche Bundesbank. In the event of a negative base interest rate, the minimum amount of interest on arrears shall be 5% (private customers) or 9% (corporate customers) of the invoice amount. The right to prove that no or only minor damage has been caused by default remains unaffected. Furthermore, we are entitled to refuse all deliveries also from other contractual relationships. We shall not be liable for any damages resulting from such non-delivery. Objections to the invoice must be made in writing by the customer within the payment period. Otherwise, the invoice shall be deemed accepted.
5.5 The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us.
5.6 If the buyer provides inaccurate or incomplete information about his address or if the goods cannot be delivered for other reasons for which the buyer is responsible, the buyer shall be in default of acceptance due to the unsuccessful delivery attempt by the transport company. This results in the buyer remaining obliged to pay the purchase price in the event that the object of sale is damaged or perishes for reasons for which the seller is not responsible due to intent or gross negligence, while the seller is no longer obliged to perform. Furthermore, the buyer shall reimburse the seller for the costs incurred as a result of the delay in acceptance and for the preservation and storage of the object of sale. The seller's other rights, in particular to withdraw from the purchase contract, shall remain unaffected.
6. Ability to deliver/replacement delivery/partial delivery
6.1 Delivery by us is subject to correct and timely delivery by our own suppliers and that we are not responsible for the lack of availability. Compensation for damages, even in the case of late or incomplete delivery, is excluded unless gross negligence is involved. In the event of non-availability of the goods, we will notify you as soon as we have received a date confirmation from the supplier. We reserve the right to send you goods that are equivalent in price and quality. If you are not satisfied with the goods, you can return them free of charge. Should a product no longer be available or no longer deliverable for legal reasons, we are entitled to withdraw from the contract.
6.2 Partial deliveries are independent deliveries and will only be made at the express request of the customer. Shipping costs will also be charged for partial deliveries.
6.3 In the case of visible transport damage, you have the option of refusing to accept the shipment. However, if you discover the damage after receipt or if there is concealed transport damage (packaging in order / contents defective), please contact the post office / agency responsible for you or the carrier within 3 working days of receipt so that a record of a damaged consignment can be drawn up. Please then provide us with the completed form together with the damaged consignment / goods so that a replacement delivery can be made.
7. Retention of title
7.1 The goods remain the property of the supplier until full payment has been made.
8. Warranty
8.1 We guarantee that the delivery items are free of material defects according to the respective state of the art, i.e. that they are suitable for the intended uses or for normal use and have a quality which is usual for items of the same type.
8.2 The customer is obliged to check the goods for completeness and defects upon receipt. In the event of defects, a notice of defect must be sent to us immediately. The duration of the warranty is 24 months from receipt of the goods by the customer in accordance with the statutory regulation.
8.3 We do not assume any warranty for damage or defects resulting from improper use, storage, operation, faulty or negligent handling. Likewise, any warranty shall lapse if the customer has already installed or processed the goods or carries out interventions or repairs independently.
8.4 Insofar as there is a defect in the purchased item for which we are responsible, the customer may, in accordance with § 439 of the German Civil Code (BGB), at his discretion demand the rectification of the defect or the delivery of an item free of defects. We may refuse the type of subsequent performance chosen by the customer if this is only possible at disproportionate cost. If, within the scope of a repair, the elimination of a defect is not successful even at the second attempt, the customer is entitled within the scope of § 439 BGB (German Civil Code) to demand the delivery of a defect-free item or a price reduction or withdrawal from the contract. Withdrawal is excluded if the defect is minor or insignificant.
8.5 The customer is obliged to return the complained item to us with the corresponding proof of purchase and a description of the fault that is as accurate as possible. In the event of an unjustified complaint, we reserve the right to charge an expense allowance for the inspection measures carried out. The amount depends on the expenditure, but is at least 20.00 €.
9. Liability
9.1 Claims for damages due to defects of the goods are excluded, unless the supplier has fraudulently concealed the defects or has assumed a guarantee for the quality of the goods, or if culpable damage to life, health or body has occurred.
9.2 Unless expressly agreed, liability claims exceeding the legal framework - irrespective of the legal grounds - are excluded. The above exemption from liability shall not apply if the damage is due to intent, fraudulent misrepresentation or gross negligence.
9.3 The scope of liability under the Product Liability Act is not affected by this.
9.4 The above provisions reflect our full scope of liability. Any further liability is excluded.
10. Data protection
10.1 The data necessary for the business transaction will be stored in our EDP in accordance with the provisions of the EU Data Protection Regulation (EU-DSGVO), the Federal Data Protection Act (BDSG-neu) and the Teleservices Data Act (TDG) for error-free and fast order processing.
10.2 In the case of delivery against open account, we may request creditworthiness information from Schufa or other credit agencies.
10.3 The customer is entitled to object to the use of his address data for advertising purposes on our part. The data will not be passed on to third parties for commercial purposes.
10.4 If, in the course of processing a complaint, it is unavoidable to pass on any personal customer data that may still be available to suppliers/manufacturers, they are also obliged to handle the process in accordance with the Federal Data Protection Act.
11. Miscellaneous
11.1 The place of performance for all mutual services owed under the contract is Langenhagen (Hannover region).
11.2 Orders submitted more than once - for whatever reason - must be clearly marked, as otherwise the services will be performed repeatedly. In such cases, no costs will be assumed on our part.
11.3 Should individual provisions of the GTC not be legally effective in whole or in part, the validity of these GTC as a whole shall not be affected thereby.
11.4 The English translation exclusively serves informational purposes; only the German version
is legally binding.
12. Applicable Law and Jurisdiction
12.1 German law applies excluding the UN sales law.
12.2 Sole court of jurisdiction for all disputes arising from this contract shall for both parties be
Hanover (Germany).
Note regarding online dispute resolution according to Art. 14 Par. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (ODR platform), which may be found under
http://ec.europa.eu/consumers/odr/. We are neither
committed nor willing to participate in a dispute settlement procedure at a consumer dispute resolution office.
State of these conditions: 13.06.2023
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