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General Terms and Conditions
1. General terms and conditions
All orders are only accepted and executed on the basis of the following general terms and conditions. These general terms and conditions shall also form the basis for subsequent contracts until expressly cancelled. Other terms and conditions, in particular conflicting terms and conditions of the client, shall not become part of the contract, even if these have not been expressly discussed. Supplements, amendments, ancillary agreements or deviating terms and conditions shall only become part of the contract if they are expressly accepted by us in writing.
2. Offers and order confirmations
2.1
We reserve the right to make technical changes and changes in shape, colour and/or weight within reasonable limits.
Furthermore, we reserve the right to make product changes in the context of continuous product development and improvement.
2.2
The purchase contract is concluded with TEKA Absaug- und Entsorgungstechnologie GmbH.
By sending an offer by e-mail or by post or by placing the products in the online shop, we make a binding offer to conclude a contract for these items. When purchasing via the online shop, you can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail. In the case of a purchase via an offer sent by e-mail, the binding purchase is concluded by a commitment by e-mail or other written form to accept the offer.
2.3
We are not liable for errors resulting from the documents and information (drawings, samples or similar) provided by the customer.
2.4
We reserve the property rights and copyrights to all documents provided to the client in connection with the order placement or order processing, such as calculations, drawings, illustrations, plans and other documents. This also applies to such written documents that are labelled as confidential or are evidently confidential. These documents may only be made accessible to third parties or reproduced with our express written consent. They must be returned immediately if the order is not placed.
2.5
We are authorised to subcontract a customer's orders or commissions to third parties. In this respect, we are expressly authorised to make the associated documents of the customer accessible to our subcontractors and sub-suppliers, whereby we must observe and naturally comply with the principles of the General Data Protection Regulation.
2.6
Official and other public-law authorisations must be obtained by the client. Accordingly, the client shall bear all official fees. This shall only not apply if a deviating specific agreement has been made individually.
3. Contract language, contract text storage
3.1
The languages available for the conclusion of the contract are German and English.
3.2
We do not store the text of the contract.
4. Delivery times, delay in delivery
4.1
Shipping costs may be incurred in addition to the stated product prices. You can find more detailed information on any shipping costs incurred in the offers.
4.2
You have the option of collecting your order from TEKA Absaug- und Entsorgungstechnologie GmbH, Millenkamp 9, 48653 Coesfeld, Germany during the following business hours: 08:00-15:00.
4.3
We do not deliver to packing stations.
4.4
If the product you have ordered is not available from us because we are not supplied by our reliable supplier through no fault of our own despite placing a congruent order, we will inform you of this immediately in the order confirmation. We shall then be released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will reimburse you immediately.
4.5
The delivery times stated are non-binding approximate times, unless expressly agreed otherwise. The agreement of a delivery on a calendar date requires express written assurance. If delivery is delayed due to circumstances beyond our control, such as traffic and operational disruptions, strike, lockout, shortage of raw materials, unrest, transport obstacles or force majeure, the delivery time shall be extended accordingly and appropriately. In such cases, we are entitled to withdraw from the contract in whole or in part. If the customer wishes to derive rights from a delay in delivery, he must request delivery from us in writing within 6 weeks of the expiry of the stated delivery period within a grace period of 4 weeks. Only after this grace period has expired is the client entitled to withdraw from the contract. If a grace period is not set, the claim to fulfilment shall remain unaffected and no further rights shall exist. Withdrawal from the contract must be made by registered letter to us.
The right of cancellation shall lapse if the declaration of cancellation is not received by us within 2 weeks of expiry of the grace period at the latest. Further claims of the customer, in particular claims for damages due to delayed delivery or non-fulfilment, are excluded, unless the delay in delivery is due to grossly negligent or intentional behaviour on our part. We are not responsible for the fault of our suppliers. Our suppliers are not vicarious agents. However, we are obliged, at the request of the customer, to assign to the customer any claims to which we may be entitled against the upstream suppliers.
5. Transfer of risk and acceptance
5.1
In the case of deliveries, the risk shall pass to the customer at the time at which we hand over the goods to a forwarding agent or carrier, but at the latest when the goods leave our factory or warehouse. This shall also apply if delivery carriage paid cif fob has been agreed.
5.2
The transport risk on return shall be borne by the buyer as the sender even if the return is carried out by our lorry.
5.3
In the case of services to be rendered outside our premises, the risk of performance shall pass to the customer at the time at which we notify the customer that the main service has been rendered. In the case of independent partial services, the transfer of risk shall occur accordingly upon submission of the notification that the partial service has been rendered.
5.4
In the case of deliveries, we shall select the means of transport that we deem suitable with the necessary care that we exercise in our own affairs. We are not obliged to insure our deliveries, but are prepared to take out transport insurance at the customer's express written request and expense.
5.5
If our delivery and/or service is delayed due to circumstances for which we are not responsible, the risk shall pass to the customer from the day of notification of readiness for dispatch or of the service or partial service. However, we shall be obliged to take out insurance policies expressly requested by the customer in writing and at the customer's expense.
5.6
Minor defects in our deliveries and/or services shall not entitle the customer to refuse acceptance of our deliveries and/or services.
5.7
The delivery deadline shall be deemed to have been met if the delivery item has left the supplier's works by the time it expires or readiness for dispatch has been notified.
6. Notes
If delivery to a specific location is agreed, this location must be freely accessible for loading and unloading by lorry. This requires a sufficiently paved road that can be driven on unhindered by heavy lorries.
The delivery location must be freely accessible and safe to reach. It must be possible to carry out the assembly in a continuous manner and without hindrance - insofar as assembly is required. The static load-bearing capacity and structural suitability of masonry, ceilings and foundations is assumed.
The responsibility for the fulfilment of these instructions lies exclusively with the client.
We reserve the right to insignificant, reasonable deviations in the dimensions and designs (in particular colour and structure), especially in the case of repeat orders, insofar as these are in the nature of the materials used and are customary.
7. Prices
7.1
Unless expressly agreed otherwise in writing, the agreed purchase price shall be due immediately upon receipt of the goods/services without deduction. A discount deduction requires express prior written agreement.
7.2
The prices are ex works or warehouse plus packaging, freight costs and other shipping costs as well as the corresponding VAT.
7.3
If, after conclusion of the contract, quantities or dimensions change or if the customer requests changes to the design, the agreed prices and the total price shall be reduced or increased in accordance with the change. If taxes, fees or duties are increased or newly introduced between conclusion and fulfilment of the contract, we shall be entitled to increase the purchase price to the same extent. The same shall apply in the event of a collectively agreed or statutory increase in wage and ancillary labour costs. Price increases in other costs associated with the fulfilment of the contract can also be passed on to the customer. Freight reimbursements on collection are not granted. You must dispose of packaging materials (transport packaging) on site at your own expense (cf. Section 11 of these GTC).
7.4
If the delivery or service is to take place 3 months after conclusion of the contract or later, we shall be entitled to claim any additional costs incurred.
7.5
You agree to the transmission of all invoices by e-mail. This consent can be revoked at any time. The following payment methods are available in our shop:
Credit card, PayPal
7.6
In the event of late payment, interest on arrears and other costs incurred as a result of the delay shall be reimbursed. The default interest is 10 percentage points above the relevant base interest rate, § 288 para. 2, 3 BGB.
7.7
The above conditions shall also apply to payments for partial deliveries/partial services.
7.8
To secure our claim to remuneration, we are entitled to demand security from the client up to the amount of the remuneration for work/purchase price by submitting an independent, unlimited bank guarantee (fulfilment guarantee) or an equivalent security. We shall request this in text form and give the customer the opportunity to provide the security within a period of 2 weeks. If the customer fails to provide the required security within the set period, we shall be entitled to withdraw from the contract. In any case, we shall be entitled to refuse performance until the security has been provided in the required amount.
7.9 Price adjustment
(1) The agreed prices are generally fixed prices. However, the Seller reserves the right to adjust the prices after conclusion of the contract if the cost elements listed below change:
Purchase prices for raw materials and materials
Labour costs
Transport costs
Energy costs
Exchange rates
(2) The price adjustment is based on the following formula:
New price=old price * (new cost factor / old cost factor)
(3) The new cost factor is calculated by dividing the average level of the cost elements at the time of the price adjustment by the average level of the cost elements at the time the contract was concluded.
(4) The Seller shall inform the Customer of any price adjustment without delay. The price adjustment shall enter into force 14 days after receipt of the notification to the customer.
(5) The customer has a right of cancellation at the time of the price adjustment. The cancellation must be made in writing and must be received by the seller within 14 days of receipt of the notification of the price adjustment.
8. Determination of performance
With regard to the right to determine performance, it is agreed that payments by the Client shall first be offset against the costs, then against the interest and then against the oldest principal claim. This agreement shall also apply if the client stipulates otherwise when making payment.
9. Retention of title and security for claims
9.1
The delivered goods shall remain our property until complete fulfilment of our payment claims including all related ancillary claims. This shall apply until all claims arising from the current business relationship, including all ancillary claims, have been satisfied in full. The customer may neither pledge our goods nor assign them as security.
9.2
Any processing, combining or mixing of our goods by the customer shall be carried out on our behalf without any liabilities arising for us. Insofar as we do not already acquire ownership or co-ownership by operation of law, the customer hereby assigns to us co-ownership of the resulting item to the value of the reserved goods.
9.3
The customer is obliged to inform any third party purchaser of the reservation of title resting on the goods and to notify us immediately of the resale, naming the third party purchaser precisely.
9.4
If the customer sells goods subject to retention of title or installs them in a property, he hereby assigns to us the resulting claims to the value of the goods subject to retention of title with all rights, including the right to the granting of a security mortgage with priority over the rest. If the client is the owner of the property, the advance assignment shall cover the claims arising from the sale of the property or property rights to the same extent. The advance assignment shall also extend to balance claims of the client.
9.5
Subject to the transfer of co-ownership and the claims, and subject to revocation, we authorise the client to sell and process reserved goods in the normal course of business and to collect assigned claims. At the Contractor's request, the Client shall name the assigned claims and notify the third parties of the assignment; we are also authorised to notify the third party of the assignment ourselves.
9.6
The Client shall hold the Contractor's (co-)ownership in safekeeping free of charge; as the Contractor, we hereby expressly accept the assignment.
9.7
The client is obliged to inform us immediately of any kind of access by third parties to the reserved goods or the assigned claims and to provide us with all the information and documents required for legal prosecution.
9.8
If the value of the securities existing for us exceeds the value of our claims against the customer by more than 10 % in total, the contractor shall be obliged to release securities of his choice at the customer's request.
9.9
The client must immediately transfer to us any proceeds collected by him. Withholding or settlement of a payment due to any counterclaims of the client is excluded.
9.10
If the customer does not fulfil his obligations towards us or if there are justified doubts about his creditworthiness, the customer must return the reserved goods on request and disclose the assigned claims and provide us with all documents and information necessary for the collection of these claims.
9.11
The customer is obliged to insure the goods at his own expense against fire, water damage and theft at replacement value. He hereby assigns to us any claims arising from these insurance relationships.
10. Notice of defects, warranty and liability
10.1
The customer is obliged to check the goods/service for completeness, correctness and any defects or damage immediately upon delivery of the goods/performance of the service by means of careful, reasonable inspections. Any complaints must be noted on the delivery note by item, number and defect or must be notified to us in detail within one week, but in any case before installation - especially in the case of delivery of goods.
10.2
All obvious or recognised defects, damage, shortfalls and incorrect deliveries must be reported to us in text form without delay, at the latest within one week, and in any case before processing, installation or forwarding, and we must be given the opportunity to inspect the alleged defects. Any defective goods may not be further processed or installed. All warranty claims and claims for damages against us are subject to a limitation period of 12 months, with the exception of claims based on intent or gross negligence or claims where life, limb or health are affected. The statutory limitation periods shall apply to the exceptions.
10.3
We accept no liability for damage caused by unsuitable or improper use, faulty assembly, damage on the construction site, faulty or negligent handling or wear and tear.
10.4
Further claims, irrespective of the legal grounds, are excluded unless they are based on intent or gross negligence and unless life, limb or health have been injured.
10.5
In the event of justified complaints, we have the choice of either repairing the defective delivery items/services or supplying a replacement item against return of the item complained about. Insignificant, reasonable deviations in the dimensions and designs, in particular in the case of repeat orders, shall not justify complaints. We reserve the right to make design changes.
Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 8:00 am to 2:00 pm on the telephone number +49 (0) 2541-84841-0 and by e-mail at info@teka.eu
11. Other information
Due to a legal obligation, we are obliged to inform you, irrespective of our participation in an alternative dispute resolution procedure, that the European Commission has set up an online dispute resolution (OS) platform for the out-of-court settlement of consumer disputes. You can find the platform at http://ec.europa.eu/consumers/odr/ We do not participate in dispute resolution proceedings before a consumer arbitration board.
12. Packaging Act
We are not required to register in accordance with the German Packaging Act, as deliveries are not made to private end consumers within the meaning of Section 3 (11) sentence 1.3 of the German Packaging Act.
13. Place of fulfilment and jurisdiction
The place of fulfilment and exclusive place of jurisdiction for deliveries and payments, as well as all disputes arising therefrom, insofar as the contractual partner is an entrepreneur, legal entity under public law or special fund under public law, is the registered office of our company in 48653 Coesfeld.
14. Applicable law
The law of the Federal Republic of Germany shall apply exclusively to these GTC and the entire legal relationship between us and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15. Severability clause
Should any of these terms and conditions be or become invalid, this shall not affect the validity of the remaining terms and conditions. In such a case, the invalid provision shall be reinterpreted or supplemented in such a way that the economic purpose intended by the invalid provision is achieved.