1. General / contract conclusion
1.1 orders of our customers represent a binding contract offer. This is supposed of the firm Ozotech west Europes with sending of an order confirmation in text form or through delivery of the good.
1.2 transmissions of rights and duties out of the purchase contract need the written approval of the firm Ozotech west Europes.
1.3 your orders are stored here for 12 months. If you should lose your documents to your orders, turn please per e-mail/fax/telephone to us. We send you a copy of the data of your order gladly.
2. prices and payment conditions
2.1 for our delivery count that at the time the award of contract or order confirmation valid list prices.
2.2 our prices are plus 19% value-added tax and understand itself zzgl. Shipping charges, if necessary c.o.d. fee, installations, training etc. Dependent upon size, weight and amount of the packages, the shipping charges calculate themselves according to delivery type.
2.3 calculations of the firm Ozotech west Europes are per ahead cash register due and net without deduction payable. A payment counts first then as resulted if the firm can control Ozotech west Europes the sum. In the case a default, we are entitled to calculate delay interests in the amount of 5% over the respective basis interest rate of the EZB after discount transition law. Change or checks become only after agreement and fulfillment half accepted and count first after its redemption as a payment. Discount expenses and entrance expenses go generally at the expense of the Bestellers. For the timely model, we receive no liability at all.
2.4 retention rights accrue is based the buyer only, so far its counterclaim upon the same contract ratio. A balancing of the buyer is excluded, unless, the against claims of the customer are assessed legally or are acknowledged by us.
3. delivery, delivery time period, delivery,
3.1 all articles are made in the USA on order and are brought as a rule within 2 workdays on the delivery way. Therefore the good is within 10-14 days with you. An especially fast delivery of the good is possible in the express delivery, is connected however with shipping charges higher substantially. These are announced in writing in the order confirmation to you. In major items of equipment, the delivery time amounts to up to 6 weeks on the lake way.
3.2 as far as delivery time periods are arranged, extend itself this if necessary by the time until the Besteller delivered the statements necessary for the execution the order and documents to us.
3.3 delivery delays, that are caused by legal or official arrangements (for example import restrictions and export restrictions), to are represented by us not. We will announce start and end of such hindrances in important cases as soon as possible to the Besteller.
3.4 Part deliveries arranged with the customer apply to obligations to pay, danger transition and warranty obligations as independent deliveries.
3.5 We can determine the delivery type, the delivery way and the firm delegated with the delivery after our estimating as far as the Besteller gives no specific directions.
3.6 as soon as the shipment with the delivery objects is delivered by the carrier at the buyer, passes over the danger on the Besteller. This counts independently of, who carries the carrier costs. The buyer has obvious carrier damage at the carrier or freight leader within five work days to censure and to announce subsequently the salesman, in order to be able to make claims against the salesman validly.
3.7 the shipping charges are calculated dependent upon delivery type, amount, size and weight of the packages.
4. right to withdraw
4.1 after the export sales law has the consumer i. S. d. 13 BGB the possibility to revoke the contract within a week without establishment. The time period begins at the earliest with receipt of this instruction. The revocation can in text form (z. B. letter, fax, e-mail) or through return of the good result; to the time period protection suffices the timely Absendung on: Ozotech west Europes, Hespengrund 11, 77770 major streams (e-mail: Info@ozotech.de).
4.2 in the case an effective revocation are that on both sides of received achievements zurückzugewähren and where appropriate pulled utilizations (z. B. use advantages) to publish. If the consumer can the received achievements entirely or partially not at all or only in deteriorated condition zurückgewähren, he must so far where appropriate. Perform value replacement. This does not count if the deterioration of the thing is to be led back exclusively to its test - like it about in the retail company possible been were -. In the remaining, the consumer can avoid the value replacement duty in that he does not take the thing like an owner in use to carry out the installation of components exclusively through qualified and authorized technical personnel lets, and also otherwise everything omits, what impairs the value of the thing.
4.3 of the consumers has the costs of the return to carry if the delivered good of the ordered corresponds and if the price of the thing to be returned does not exceed a sum of 1500, Euro or if the consumer did not furnish in a higher price of the thing at the time the revocation yet the return service or a contractually arranged installment. Otherwise the return is free of cost for the consumer. The consumer can pay abandon the good in such a case with the reference "fee receiver" as a normal standard package in a postal service place. In the utilization of special services, or the choice of a more expensive delivery type (z. B. express, etc.) carries the buyer the increased shipping charges. In bulky products, that the buyer cannot send based on the weight on the postal service way, the firm will delegate Ozotech west Europes after execution of the right to withdraw a carrier with the collection of the good. Please contact the firm Ozotech west Europes in this case.
4.4 a revocation right exists basically not by: Divide, which became unseals of the consumer. Also in were, made became that after customer specification, is excluded a right to withdraw.
5. withdrawal at the end of the revocation
5.1 at the end of the revocation time period results a good withdrawal only in demonstrably incorrect supply. Exchange, withdrawal or credit petitions, whose cause the firm not to represented Ozotech west Europes, are completed only after written confirmation through the firm Ozotech west Europes. This counts also in the case the collection caused by the firm Ozotech west Europes for inspection of the withdrawal petition. Basic prerequisite for this is the state of the good and its resale capable condition. The calculation of the reimbursement sum is calculated in dependence the at the time the from the outset to obtaining resale price. Moreover the firm calculates Ozotech west Europes a cancellation-/handling charge of 20% of the calculation sum.
5.2 with the opening of the packaging of the devices acknowledges the buyer the author legal insurance. The exchange of devices in opened or damaged original packaging is excluded, unless, the devices are defective.
6. property reservation
6.1 we reserve us the property at the purchase thing to the complete payment of all demands out of the delivery contract inclusive next to demands (for example change costs, financing costs, interests etc.). In behavior contrary to contract of the Bestellers, we are entitled, the purchase thing back desire. In the withdrawal as well as in the seizure of the reservation thing, no resignation of the contract lies.
6.2 in seizure or other intervention third has us the Besteller immediately in writing to notify.
6.3 a processing or reshaping of the purchase thing through the Besteller is undertaken always for us. The purchase thing with other becomes, processes us not belonging objects, let's acquire the joint ownership at the new thing in the ratio of the value of the purchase thing to the other processing objects at present the processing.
6.4 is not mixed us the purchase thing with other, belonging objects, let's acquire the joint ownership at the new thing in the ratio of the value of the purchase thing to the other mixed thing in the moment of the mixture. If the thing of the Bestellers is to be looked at as an essential matter, the Besteller has us proportionate joint ownership to transmitted.
6.5 of the Besteller is entitled, were to be sold that in the orderly business gear further. It lectures however already now all demands vis-à-vis its buyer or third out of the expanse sale in height of the Faktur-Endbetrages at us.
7. guarantee / liability sow end /
guarantee / recycling
7.1 of the manufacturers guarantees for the duration of 24 months from delivery date that the delivery objects are after the respective state of the technology free of mistakes. A liability for normal wear is excluded. In the case the purchase of needed good, we guarantee for the duration of 6 months from delivery date that the delivery objects are after the respective state of the technology free of mistakes. Unessential deviations of color, dimensions and/or other qualities and service features of the good do not establish no claims at all of the buyer, especially out of guarantee. Read the guarantee determinations of the single devices. Upon receipt of the new devices, you send begins please the Registrierkarte at the manufacturer, first with receipt of the card the guarantee / guarantee.
7.2 so far a deficiency of the purchase thing within a half year after delivery date appears, is entitled (after fulfillment) the customer after its choice to the Geltungmachung one to the right on deficiency removal or delivery of deficiency free good. In the frame of the amendment, the exchange counts into higher quality products already now than accepts. If the selected type of the after fulfillment is connected with disproportionately high costs, the claim to the respectively remained type of the after fulfillment restricts itself. Going on rights, especially the Rückgängigmachung of the purchase contract can be made only at the end of an appropriate time period to the after fulfillment or the twice-repeated failing of the after fulfillment validly.
7.3 so far a deficiency of the purchase thing at the end of a year after delivery date appears, counts in use of 439 III BGB that the claim is restricted based on the regularly appearing unusually high costs i. d. R. on amendment. If the firm should undertake Ozotech west Europes an exchange into a higher quality product, this counts already now than accepted. Going on rights, especially the Rückgängigmachung of the purchase contract can be made only at the end of an appropriate time period to the after fulfillment or the twice-repeated failing of the after fulfillment validly.
7.4 We receive no guarantee for deficiencies and damages, that developed from unfit or improper use, non-observance of use reference or defective or careless treatment. This applies especially to the business of the objects with incorrect current type or -tension as well as connection at unfit power sources. The same applies are to deficiencies and damages to lead back that on the basis of fire, lightning strike, explosion or network contingent over tensions, moisture of all type, more incorrect or missing installation, unless, the customer shows after that these circumstances are not causal for the censured deficiency.
7.5 the guarantee gone out if the customer does not let intervention and/or repairs at devices without specific, written confirmation of the firm Ozotech west Europes or by persons of distinguished, that by us authorized became as far as the interference can stand therewith in the connection.
7.6 Deficiencies obvious are to be indicated at the longest within 2 weeks on receipt of the delivery in writing; otherwise all deficiency claims are excluded for this. In the commercial traffic, that 377, 378 HGB count supplementary.
7.7 To prevent around damages in consequence of repair or deficiency of the good, let's recommend the execution more regularly its deed gene because a liability is excluded for such damages. This liability sow end does not count in more intentionally or coarsely careless causation.
7.8 so far after examination of the purchase thing no deficiency exists, raises the firm Ozotech west Europes examination costs of at most Euro 250,- plus delivery costs and packaging costs or it costs.
7.9 so far not differently specifically arranges, are excluded going on claims of the buyer - immediately out of which right reason -. We do not stick therefore for damages, that not directly emerged at the delivery object; especially we do not stick for escaped profit or other done damages of the buyer. Projecting liability release does not count as far as the damage on design, coarse carelessness or lack of a guaranteed characteristic, injury of contract essential duties, achievement delay, impossibility rests, as well as claims after 1, 4 of the product liability law. For the restoration of devices, we do not stick, unless that we caused the loss intentionally or coarsely carelessly and guaranteed the buyer that a maintenance regularly resulted, so that the devices can be reconstructed with justifiable expense.
7.10 as far as the firm lets pick up Ozotech west Europes protested good at the customer as a service achievement, happens this under the reservation of the examination and deficiency removal. 7.11 recycling becomes through the Fa. Ozotech, Inc Yreka-USA guarantees. Representing becomes this through the Fa. Ozotech west Europes, Hespengrund 11, 77770 major streams Germany. All devices that recycles will must, are turned back of us and utilizes
8. resignation and compensation of not finished
8.1 the firm Ozotech west Europes can resign of the contract if a payment attitude, that opening of the bankruptcy procedure or judicial comparison procedure, that become rejection of the bankruptcy lacking mass, change protest or check protest or other concrete criteria over deterioration in the done ratios of the Bestellers well known.
8.2 if the firm resigns Ozotech west Europes of the contract or if the order is not carried out for reasons, that the customer to represented, the customer has the firm Ozotech west Europes for the emerged expenses and the escaped profit a lump sum compensation of 20% of the purchase price to pay. The lump sum compensation decreases itself in the mass how the customer proves, that expenses or a damage did not emerge. In the case an extraordinarily high damage, the firm reserves itself Ozotech west Europes the right to make this validly.
9. devices, literature
In delivery of the devices, the special patents, license and other conditions of the manufacturer count over our conditions out. With the receipt of the devices, the buyer acknowledges its validity specifically.
10. use of customer data / data protection
and data security
10.1 Statement general on the data protection: The firm Ozotech west Europes promises to raise people-related data only, in order to go in the contract ratio. The determinations of the alliance data protection law are kept of us absolutely. Raised data (name, address) are stored of us exclusively to the settlement of the purchase contract and further are given only in this frame at our partners entrusted with the delivery.
10.2 Statement individual on the data protection: Your people-related data are used of us solely to the zweckbezogenen execution of your orders. A going on utilization for example for Werbezwecke without your specific agreement to this is excluded. Our customers can receive always communication over circumference and purpose of the data processing.
10.3 was allowed us a utilization or transmission of the data to Werbezwecken, can revoke become this always and requested become a communication over contingent further receivers. Data are rectified, blocked or deleted the expanse by request. No user profiles are generated.
11. export permission
Approvals of necessary possibly for the export the delivered good the federal bureau for commercial are to be overtaken by the customer in own name and on own costs. The Versagung of such an export-permission does not entitle the customer to resign of the contract.
12. jurisdiction, part inefficiency,
12.1 in the business with sales people and with juristic persons of the public to the right is arranged as a jurisdiction for all legal disputes self-yielding out of the contract including change complaint and check complaint open castle; we are entitled also to complain at the seat of the customer.
12.2 in inefficiency of single determinations of the delivery contract or these general business conditions remain the remaining determinations further effective.
12.3 in the traffic with consumers is also the residence court of the consumer for contractual discussions responsible.
12.4 in the traffic with consumers is also the right at the residence of the consumer applicable as far as it concerns compelling consumer legal determinations.
Ozotech West Europe
Seat of the company: Durbach
Amtsgericht Freiburg - HRA 700 485
Ust-IdNr.: DE 223661415
Personally sticking company:
Ozotech West Europe e.K.
Franz-Michael Freiherr von Neveu
Telefon: +49 171 4871919
Fax / Mailbox: +49 721 15 15 20 80 1