Allgemeine Geschäftsbedingungen

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Jens Reichmann) via the website www.ultraschall-anlagen.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.

(2) Consumers within the meaning of the following regulations are any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. Entrepreneurs are any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods and/or the provision of repair services.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods and/or repair services intended for purchase are stored in the "shopping cart." You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as payment and shipping conditions, all order data will be displayed again on the order overview page.

Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the purchase. By submitting the order using the "buy" button, you make a binding offer to us.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after ordering by confirmation in text form (e.g., email), in which you will receive confirmation of the execution of the order or delivery of the goods (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be refunded immediately in this case.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you provide us is correct, that the receipt of emails is technically ensured, and in particular, not prevented by SPAM filters.

§ 3 Individually Designed Goods

(1) You provide us with the suitable information, texts, or files necessary for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all claims asserted in this regard by third parties. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this regard.

(4) You will be sent a proof copy by us, which you must check immediately. If you agree to the design, you release the proof copy for execution by countersigning in written form (e.g., email). Execution of the design work will not take place without your approval. You are responsible for checking the proof copy for correctness and completeness and informing us of any errors. We assume no liability for errors not objected to.

(5) To the extent that we create texts, images, graphics, and designs for you as part of the individual design, these are subject to copyright. Without our express consent, use, reproduction, or modification of individual parts or complete content is not permitted. Unless otherwise agreed, we grant you an unlimited right of use to the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to third parties in any way, either privately or commercially. The transfer of the right of use is subject to the suspensive condition of the full payment of the agreed purchase price.

§ 4 Provision of Services for Repairs

(1) To the extent that repair services are the subject of the contract, we owe the repair work resulting from the service description. We carry out these to the best of our knowledge and belief personally or through third parties.

(2) You are obliged to cooperate, in particular, you must describe the defect existing on the device as comprehensively as possible and provide the defective device.

(3) You bear the costs of sending the defective device to us.

§ 5 Right of Retention, Retention of Title

(1) You can only exercise a right of retention to the extent that it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additional provisions apply:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before transfer of ownership of the reserved goods, a pledge or chattel mortgage is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount arising from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) If you are an entrepreneur, the following applies instead of paragraph 1:

a) Only our own information and the manufacturer's product description are deemed to be the quality of the goods, not other advertising, public promotions, and statements by the manufacturer.

b) You are obliged to examine the goods for defects in quality and quantity immediately and with due diligence and to notify us of obvious defects within 7 days of receipt of the goods in writing; the timely dispatch of the notification is sufficient to meet the deadline. This also applies to later discovered hidden defects from discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.

c) In the event of defects, we provide warranty by rectification or replacement at our discretion. If the rectification fails, you may demand a reduction in price or withdraw from the contract at your discretion. Rectification is deemed to have failed after the second unsuccessful attempt unless the nature of the item or defect or other circumstances indicate otherwise. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment