Terms and Conditions

General Terms and conditions of the company

ACE Handels- und Entwicklungs GmbH

Represented by the Managing Directors
Roland Heinemann & Klaus Forsthofer

Staufenstraße 1, Hallen 8 - 14
83395 Freilassing
Germany

Telephone: +49 (0) 8654 779 53 31
Fax : +49 (0) 8654 779 96 94

Company Register: HRB 18204 / Traunstein District Court
VAT reg. number: DE233838866

Part 1. General Terms and Conditions

I. Scope of application
II. Objective of the contract
III. Conclusion of the contract
IV. Prices and shipping costs
V. Delivery and payment terms on own domains
VI. Retention of title
VII. Delivery and payment terms on eBay
VIII. Returns processing
IX. Warranty
X. Liability
XI. Data protection policy

XII. Final provisions
XIII. General information on the topic of return shipping outside of the right of revocation

Part 2. Customer information

Part 3. Cancellation policy and rights


I. Scope of application
The following general terms and conditions (hereinafter referred to as "General Terms and Conditions") shall apply exclusively to the terms and conditions between the customer and ACE Handels- und Entwicklungs GmbH (ACE Instruments), Staufenstraße 1, Hallen 12-14, D-83395 Freilassing (hereinafter referred to as "Seller") may not be amended by written agreements between the parties or replaced by concrete (or verbal) individual agreements.

The General Terms and Conditions apply to all contracts concluded between the Customer and the Seller regarding all goods offered by the Seller. Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. „Consumers“ means any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or self-employed occupation. „Entrepreneur“ is any natural or legal person or legal person who is acting in the exercise of his independent professional or commercial activity when a legal transaction is concluded.


II. Objective of the contract
The object of the contract is the sale of goods and / or services. The details, in particular the essential characteristics of the goods and the services, can be found in the respective article description and the supplementary information on our Internet pages.


III. Conclusion of the contract
1. The articles offered in the seller’s online-shops are used to achieve a binding offer from the customer but do not imply binding offers by the seller. The customer can select articles from the entire range and collect them in a so-named shopping basket.
2. The customer is initially given the opportunity to create a personal account on the website or to log into an existing account by registering. For this purpose, the customer clicks either on the "Register" button or on "Log in". However, registration or logging in is not absolutely necessary for an order, the customer can also place an order as a guest without prior registration or logging in.

3. The customer submits his legally binding application by means of the consumer basket system. The order is made in two steps: The articles offered can be placed by clicking into a virtual shopping basket. The content of the shopping basket is displayed by clicking the button "Shopping Basket". If the customer wants to buy the item in the shopping cart, he clicks on "Checkout" and the order process is initiated. During the ordering process, the customer is requested to provide his invoice address and his personal contact details. At the same time, he is given the option to specify a delivery address that differs from the invoice address. In addition, the customer can select the desired payment method and shipping method. Further information on the types of payment offered can be found under the separate "Payment methods" menu item. If the customer has a voucher from the seller, he can enter the voucher code in the field provided for this. After the customer has agreed with the general terms and conditions and the provisions for the cancellation and has checked the details of his order, the customer makes his binding offer by clicking the button "Buy now".

4. Upon receipt of the customer's request, the Seller shall send an automatic confirmation message to the email address provided by him, in which the essential characteristics of the order, together with these terms and conditions and other mandatory information, are re-listed. The automatic confirmation message merely documents that the customer's request has been received by the seller and does not represent acceptance.

5. The seller has three working days to accept the customer's request. The period begins with the submission of the application by the customer and ends at the end of the third working day. If the offer is not accepted within the deadline, the offer expires at the end of the acceptance period. The offer is accepted:
a) by sending a written order confirmation (by email, post, fax), in which case the receipt of the order confirmation by the customer is final; or
b) by request for payment of the customer after delivery of his order, 
c) by delivery of the ordered goods, which is final once the delivery has been made to the customer.
6. If there are several alternatives, the finalisation of the contract will be for that occurring earliest.
7. Orders via auction houses (e.g. eBay) 
The contract is concluded according to the legal regulations and the terms and conditions of the respective auction houses, on the eBay platform the contract results from an auction with a time sequence with the highest bidder and with an immediate purchase with activation of the appropriate button on the offer side between the buyer and the above supplier’s conditions. After clicking the button, the buyer has the opportunity to confirm his / her data and, if necessary, to correct it. The specific order data will be sent by email. The written contract is stored under the respective item number on eBay for 60 days and can be viewed there by the customer.

IV. Prices and shipping costs
All prices stated in the products shown include the respective statutory VAT and other price components. The domain www.gasmesstechnik.de is an exception. At www.gasmesstechnik.de only the net prices are displayed for the products. Gross prices are visible only in the basket and at the checkout. Shipping and delivery costs are not included in all prices (on all domains). The amount of additional costs that may be incurred can be found in the respective article description or the menu item "shipping costs". In the case of cross-border deliveries, additional taxes and / or charges (for example duties) may be payable by the customer in individual cases, however not to the seller, but to the competent customs or tax authorities.


V. Terms of delivery and payment on own domains
1. The Seller shall deliver the goods to the delivery address indicated by the Customer in accordance with the agreements made. In the case of a payment using PayPal, the seller can deliver the goods to the customer's PayPal address. The customer must ensure that the address given is correct and that delivery is possible there. If delivery is not possible because the customer does not fulfill this obligation, any additional costs resulting from this obligation must be borne by him and any delays occurring to this extent must be accepted.

2. The customer has the choice of the payment options displayed in the order process.
3. In the case of prepayment, the purchase price is due once the contract is concluded.
4. When the invoice is purchased, the payment period begins when the goods have been received by the customer.
5. For the payment option "PayPal invoice", the seller provides the purchase price to PayPal. The payment option is subject to the proviso that the customer passes the credit check carried out by PayPal (see section IX). In the case of a negative credit check, the customer is referred to other available payment methods. After a successful credit check, the customer receives, along with the delivery, the information on which bank account the invoice sum is to be paid. Payments can also be made without payment to PayPal. The customer does not need a PayPal account to purchase. The purchase price is payable 14 (fourteen) days after receipt of the goods. More information can be found at https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
6. Further payment instructions are available under the menu item "Payment methods".
7. The delivery time indicated on the product begins with the agreed order. In the case of non-availability of the ordered goods, we reserve the right not to deliver. In this case, we will notify you without delay and will immediately reimburse any payment already received. Delays in delivery caused by statutory or official orders (eg import and export restrictions) which are not the responsibility of us shall extend the delivery period according to the duration of such obstacles. We shall immediately notify the buyer of the beginning and the end of the contract.

8. In the case of entrepreneurs, the risk of accidental loss and the accidental deterioration of the goods by handing over to them or a person authorised to receive them shall be transferred to a suitable transport person when the goods are dispatched. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods, including when purchasing the goods, is transferred to the customer upon delivery. The transfer is the same if the fails to conclude.


VI. Retention of title
1. The delivered goods remain the property of the seller until the purchase price has been paid in full.
2. In the case of commercial transactions, the customer may resell the reserved goods in the ordinary course of business under the terms of his business, provided that he has agreed to extend the retention of ownership with his purchasers. The purchaser shall not be entitled to any other provisions concerning the reserved goods, in particular to pledge or use them as security.

3. Der Kunde ist verpflichtet, solange das Eigentum noch nicht auf ihn übergegangen ist, die Kaufsache pfleglich zu behandeln.

VII. Delivery and payment terms on eBay
1. The customer assures that the correct and complete delivery address has been deposited on eBay. In the case of a PayPal payment, the seller can deliver the goods to the customer's PayPal address. If, due to an incorrect address, we incur additional shipping, such as shipping charges incurred or reimbursement costs incurred, the customer must cover them.
2. In addition, the following points 2 to 7 apply to purchases made via eBay:

VIII. Returns processing
1. In the event that the customer returns the delivered goods to the seller and the seller is legally obliged to pay the costs (e.g. in the case of complaints), the customer is requested to advise the seller in advance about the return. If the goods are available as a package, the seller will usually provide a return note from DHL or another parcel service provider. This procedure facilitates the assignment of the shipment and accelerates processing. In the event that the Customer paid the shipping costs, even if he was not obliged to pay the costs, the Seller will reimburse the shoppong costs immediately..
2. In the case of a something not owed by the Seller needing to be exchanged, any return costs incurred shall be borne by the Customer.
3. The Seller asks that the Customer treats the delivered goods with care and avoids damage, dirt and the like. If possible, the goods should be returned in their original packaging. If this is not possible, it is requested that the packaging provided is suitable for adequate protection of the goods against transport damage.

4. If the Customer observes the above information in para. 1 and 2, this shall not result in the loss of his rights.
5. If a Consumer cancels the contract, the Seller may refuse to repay the service received until the product has been returned or the Consumer has demonstrated that he has sent the goods. This does not apply if the Seller has offered to pick up the goods..
6. The following applies to the exercise of the right of revocation: The Customer may examine the quality, property and function of the goods as if in a shop. For a deterioration of the goods, the Customer is obliged to make good if this is due to the Customer’s handling of the goods, which goes beyond the examination in a retail shop. If, for example, the use of the property in his possession results in a loss of value, this is to be reimbursed by the Customer.


IX. Guarantee
1. The statutory warranty claims apply.
2. These claims become statute-barred against consumers after the expiry of the statutory period from receipt of the goods. If the Customer is an entrepreneur, the limitation period for new goods shall be reduced to one year from the transfer of risk. In the case of used goods, warranty claims of the customer, the entrepreneur, are completely excluded. In the case of the delivery of second-hand goods, the limitation period for consumers is reduced to one year from receipt of the goods.
3.  claims for damages and reimbursement of expenses, which the Customer has to pay according to the statutory regulations due to defects as per clause VI. are not included in the reduction of the limitation period in paragraph 2. In addition, it is valid for entrepreneurs that the statutory periods of limitation for the right of withdrawal pursuant to § 478 German Ciivil Code remain unaffected. The same applies to entrepreneurs and consumers in case of intentional breach of duty and malicious concealment of a defect.
4. For entrepreneurs, the following applies mutatis mutandis to section 1:
    a) An insignificant defect does not in principle constitute any deficiency claims.
    b) The Seller may determine the type of remedy.
    c) If a substitute delivery is made within the scope of the defect liability, the expiry of the limitation period does not begin again.
5. If the Customer is a businessman i.S.d. § 1 HGB (German Commercial Code), he is subject to the commercial obligation to investigate and to notify him in accordance with § 377 HGB. The goods are deemed to be approved if the customer fails to comply with the advertising requirements regulated therein. If the Customer is a consumer, he is asked to complain to the supplier about goods delivered with obvious transport damage and to inform the Seller of this. If the Customer does not comply with this, this does not affect his statutory or contractual claims. Information on the function and application of new and used goods or other technical information is provided by the Seller to the best of his knowledge and based on existing experience.


X. Liability
1. The Seller is liable for simple negligence only in the event of violation of contractual obligations, i.e. the violation of duties, which concedes to the Buyer the legal positions which he may expect according to the content, nature and purpose of this purchase contract and to fulfill the proper implementation of the contract ("cardinal obligations"). This liability is limited to such typical damages and / or such typical damages that were foreseeable at the time of the conclusion of the contract. The Supplier's liability in the event of negligent breach of duty is excluded in the case of insignificant contractual obligations.

2. The Seller is liable for all legal grounds without restriction
  a) for damage resulting from injury to life, body or health that the Seller has caused by negligent or willful breach of duty. The same applies if a legal representative or vicarious agent has caused the injurious act; 
  b) for other damages caused by the Seller by a grossly negligent or intentional breach of duty. The same applies if a legal representative or agent has caused the injurious act.
3. In addition, the seller is fully liable for fraudulent claims and warranty claims as well as for claims under the Product Liability Act.

XI. Data protection policy
1. The seller will observe all data protection requirements, in particular the requirements of the Telemedia Act.
2. We use your data exclusively to process your order. All customer data is stored and processed by us in compliance with the relevant provisions of the Telemedia Act (TMG), the Federal Data Protection Act (BDSG) and all other relevant data protection regulations. You have a right to free information, correction, blocking and deletion of your stored data at any time. Please contact us at info@ace-technik.de or send us your request by post or fax. We do not pass on your personal data, including your home address and email address, to third parties without your explicit and at any time revocable consent. Excluded from this are our service partners, who need the transmission of data (for example, sales tools, the shipping company commissioned with the delivery and the credit institution commissioned with the payment processing). In these cases, however, the amount of data transmitted is limited to the minimum required. We use technical and organisational security measures to protect your data, which we manage, against accidental or deliberate manipulation, loss, destruction or access by unauthorised persons. However, we would like to point out that we can not guarantee complete data security when communicating via email.

3. If the Customer has selected the payment option "PayPal invoice", the following special features apply. The Seller is contractually obliged to PayPal to forward all relevant data of the customer to PayPal. Relevant data are those that PayPal requires to provide the PayPal invoice or those that appear helpful in this context, but at least the name, first name, street, house number, postcode, town, date of birth and email address of the customer. As soon as the payment source PayPal invoice is selected by the customer, PayPal carries out a risk check and decides whether a payment is possible by means of the payment source selected by the customer PayPal invoice. PayPal makes the decision whether the payment with the payment source PayPal invoice is possible, at its own discretionThe customer can at any time formally disagree with the transmission of his data to PayPal. In this case the payment option "PayPal invoice" is excluded for the customer. The payment options in this case are limited to the payment in advance. Advance payments can then no longer be provided or must then be terminated if necessary. Further information is available at https://www.paypal.com/en/webapps/mpp/ua/creditchk?locale.x=en_EN. Further information on data protection can be found in the separate data protection declaration under the menu item "Data protection".

XII. Final provisions
1. The law of the Federal Republic of Germany applies to the exclusion of the UN purchase law. This shall be without prejudice to mandatory provisions of the state in which the customer is habitually resident.
2. If the Customer does not have a general court of jurisdiction in Germany or if he is abroad after the conclusion of the contract or his place of residence is not known at the time of any legal action, the place of jurisdiction for all disputes is the City of Laufen. This court of jurisdiction also applies to a Customer who is an entrepreneur. The place of performance is the city of Freilassing. The power to also bring the court to another legal court remains unaffected.

3. In cross-border delivery German law applies.
4. Should one of the provisions of these General Terms and Conditions prove to be invalid or unenforceable, the remaining provisions remain unaffected and remain effective.


XIII. General information on the topic of return shipping outside of the right of revocation

We would like to point out that compliance with the following general notes is not a prerequisite for the effective exercise of the right of revocation. There is no legal obligation for you to follow these instructions. Your legal claims remain unaffected.
1. You are entitled to: return unsolicited goods to us without prior contact. Remember, however, that German Post / DHL will charge us EUR 15.00. We kindly ask you not to send the goods back to us as an insured package, but to keep the delivery receipt. We will also be happy to refund the shipping costs to you, if you do not have to pay them yourself. There is also the option of receiving a prepared return label from us by email. This alliws you to return the goods and you have 14 days to deliver the return at the post office (DHL). There is no cost for this.

2. Please avoid damage and contamination of the product. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer wrapper. If you no longer have the original packaging, please provide suitable packaging for adequate protection against transport damage.
As at: October 2016


Part 2. Customer information
1. The essential features of the offers shown are provided in the respective descriptions of the goods.
2. Using telecommunications for the conclusion of the contract does not incur any additional costs beyond the mere use of the means of remote communication.
3. The conditions of the contract shall be determined in accordance with point III of the Seller's general terms and conditions.
4. The Customer can correct his input before placing his order with the technical means made available by the Seller within the respective input fields by means of the usual keyboard and mouse functions. The Customer can check his / her entries again before submitting an offer. By clicking the "back" button of the browser, the Customer can return to the previous page and correct any input errors.

5. The language of the contract is German.
6. Batteries returned by the Seller may be returned, free of charge, or returned by post to the above address. Batteries containing pollutants are marked with the symbol of a crossed-out refuse bin. Under the rubbish bin symbol is the chemical name of the pollutant - "Cd" for cadmium, "Pb" for lead, "Hg" for mercury.

7. The Seller has not subjected herself to any special codes of conduct not mentioned above.
8. Moreover, the provisions of the respective product apply.
9. In accordance with Directive 2013/11 / EU, the EU Commission is setting up an Internet platform for the online settlement of disputes between entrepreneurs and consumers (the so-called "OS platform"). This can be found at the following link: http://ec.europa.eu/consumers/odr. The platform serves as a point of departure for the out-of-court settlement of disputes resulting from online purchase and service contracts.


Part 3. Cancellation policy and rights

You have the right to revoke this contract within a period of fourteen days without giving reasons.

If you act as a trader or merchant, there is no right of withdrawal according to the German Civil Code, as traders are subject to HGB.

The period of revocation shall be fourteen days from the date on which you or a third party you designate, who is not the carrier, has or has taken possession of the last product.

To exercise your right of revocation, you must contact us:

ACE Handels- und Entwicklungs GmbH
Staufenstraße 1, Hallen 8 - 14
D-83395 Freilassing
Telephone: +49 (0) 8654 779 53 31

Fax : +49 (0) 8654 779 96 94
Email: info@alkomat.net


Form: Right of revocation or return  

By means of a clear statement (eg a letter sent by mail, a fax, a telephone call or an email) about your decision to revoke this contract. You can use the sample revocation form from the terms and conditions on our website, but this is not compulsory.
n order to keep within the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.


Consequences of revocation
If you revoke the contract, we have sent you all payments which we have received from you, Including the costs of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the standard delivery offered by us), immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract wasreceived by us.
For such repayment, we will use the same means of payment you used in the original transaction, unless you have expressly agreed otherwise. In no case will you be charged for these repayment fees. We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier. You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of 14 days.  You are responsible for the direct costs of returning the goods. You will only pay for a possible loss of value of the goods if this loss in value is attributable to your handling the goods in a manner which was not necessary for you to check the quality, characteristics and functioning of them.


Exclusion of the right of revocation
The right of revocation does not apply to distance sales contracts:
1. for the delivery of goods which are made according to customer specifications or which are clearly tailored to the personal requirements or which are not suitable for a return due to their nature or which can quickly spoil or whose expiry date would be exceeded,
2. for the supply of audio or video recordings or software, if the delivered data carriers have been unsealed by the consumer,
3. for the supply of newspapers, magazines and magazines, unless the consumer has made his / her contract declaration by telephone,
4. for the provision of betting and lottery services, unless the consumer has made his / her contract declaration by telephone,
5. which are concluded in the form of auctions (§ 156

German Civil Code)
6. which are subject to the supply of goods or the provision of financial services, the price of which is subject to fluctuations in the financial market upon which the entrepreneur has no influence and which may occur within the period of revocation, in particular services relating to shares, unit certificates issued by an investment company or a foreign investment company, and other tradable securities, foreign exchange, derivatives or money market instruments, or

7. for the provision of telecommunication services which are provided, at the request of the consumer, directly by telephone or facsimile in one single call unless they are financial services.

8. in the case of contracts for the supply of sealed products which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery.
9. if the customer is a trader, there is no right of withdrawal according to the German Civil Code, since traders are subject to German Commercial Code. ACE GmbH (ACE Instruments) reserves the right to examine individual cases and, in exceptional cases, to allow the trader to repurchase the goods at a rate of 15% of the purchase price, calculated by means of a reintroduction fee. In the case of redemption, the reintroduction fee must be paid to ACE GmbH (ACE Instruments) within 7 working days and the goods delivered to the customer must be released, completely, original packaging and undamaged to ACE.

End of revocation
As at: October 2016