General Terms and Conditions
1. Parties and applicability
The parties to the following General Terms and Conditions (‘GTC’) are Axcom Power Solutions GmbH, Carl-Friedrich-Benz-Strasse 15, 47887 Willich (‘Axcom’, ‘we’ or ‘us’), tel.: +49 (0) 2154 / 4838-0, email: info@axcom.de and you as our customer (‘you’).
1.1 The GTC apply regardless of whether you are a consumer, entrepreneur or merchant. Unless indicated otherwise, all terms and conditions apply to both types of customer. A consumer is a person concluding a transaction with us for purposes which cannot be connected to their commercial or independent professional activity (Section 13 of the German Civil Code (BGB)). In contrast, an entrepreneur is any natural person, corporate body or incorporated partnership acting in its independent professional or commercial interests by concluding a transaction (Section 14 BGB). Terms and conditions that apply solely to entrepreneurs are marked accordingly; terms and conditions that apply solely to consumers are also marked accordingly. Unless indicated otherwise, all terms and conditions apply to both types of customer.
1.2 The GTC apply to all our deliveries and services (‘Services’) and contracts concluded in connection with the use of our online shop at https://www.axcom-shop.de/, the use of our website at https://axcom-battery-technology.de/ and/or via other means of communication (such as email).
1.3 We do not accept any conditions that deviate from or supplement these GTC or the statutory provisions. This applies even if we do not expressly object to their inclusion.
1.4 Only for entrepreneurs: The GTC also apply to all future Services rendered for you as part of an ongoing business relationship.
2. Registration in the online shop
2.1 You can register in our online shop and create a customer account in the process. This requires you to enter your first name and surname, company name if applicable, address, phone number and email address, and choose a password. The information you provide will be used to create a customer account that you can log into using your email address and password. The information you provide must be truthful and complete.
2.2 You must keep your customer account and password confidential and are responsible for restricting access to your computer and mobile devices. If you lose your log-in details, you must notify us without undue delay. You are not entitled to allow third parties to use your details to log into your customer account.
2.3 We offer no guarantee that our online shop or your customer account will always be available and can always be used.
2.4 You can also order products from our online shop without creating a customer account (‘Guest Order’).
3. Conclusion of contract
3.1 Our goods and offers are presented and advertised freely and without obligation. We reserve the right to update the online shop at any time. Once updated, all previous prices and information become invalid. The valid version as of the time of the order applies.
3.2 Ordering from the online shop:
3.2.1 By clicking on ‘Order and pay’ to place an order, you are placing a legally binding order. During the order process, the order data (article, quantity, personal data, shipping and payment methods) and payment details are shown to you in the ‘Confirm and order’ state and can be corrected until you click on ‘Order and pay’. We recommend that you check all data before you place an order.
3.2.2 After you place your order, you will receive an order confirmation by email. This email confirms that we have received your order and does not constitute an acceptance of your order.
3.2.3 In the case of a guest order, we accept your order by sending you an order confirmation by e-mail or - if you receive this in advance - by sending you the delivery note and tracking ID by e-mail.
3.3 Ordering by email, phone or fax: We shall send you a non-binding offer. The contract comes into existence when you order the goods and we confirm the contract or, should you have already received this, send the delivery order and tracking ID.
3.4 We are under no obligation to accept orders.
3.5 The languages available for concluding a contract are German and English.
3.6 The content of the contract concluded between us and you is set forth in the order confirmation we email to you, as well as the confirmation of contract, where you can save or print it from your browser.
3.7 We shall store your order data and payment details. If you have a customer account, you can access your order data there.
4. Prices and delivery costs; terms of payment and offsetting
4.1 Only for consumers: Our prices are in euros and include statutory VAT but not delivery costs.
4.2 Only for consumers: The following payment methods are available to you:
Payment in advance: When you select ‘Payment in advance’, we send you a separate email with our bank details and deliver the goods after we have received payment. The total amount is payable in full no later than ten (10) days after receipt of the confirmation of contract.
PayPal: During the order process, you shall be redirected to the website of the online payment service provider PayPal. The payment transaction is then executed immediately afterwards by PayPal.
4.3 Only for entrepreneurs: Provided that no advance performance by us has been agreed, we can withhold deliveries until the payment owed to us is effected concurrently with our service.
4.4 If a significant deterioration in your financial circumstances should become evident after the conclusion of the contract and threaten one of our claims, especially in the event of default or an application to initiate insolvency proceedings in connection with your assets, we are, in the case of an advance performance obligation on our part, entitled to only carry out outstanding deliveries in exchange for a pledge of reasonable collateral. If you do not pledge collateral within a reasonable deadline, we are entitled to withdraw from the contract; this does not affect any other rights of withdrawal. This does not apply to the extent that you pay in advance.
4.5 You are not entitled to offset against our claims or exercise a right of retention unless your counter-claims are undisputed, have been recognised by final judgement or are based on the same contract.
5. Terms of delivery; transfer of risk; damage in transit
5.1 The date on which we hand the goods over to the carrier is authoritative in terms of adherence to delivery times.
5.2 In the event of late delivery, your claims for compensation due to our default are limited to 0.5% of the net purchase price of the contractual goods for each full week of the delay, up to a maximum of 5.0% of the net purchase price. This limitation of liability does not apply in cases of intent or gross negligence.
5.3 In cases of force majeure, we are entitled to postpone our Services by the duration of the force majeure. All unavoidable events for which we are not responsible, despite having exercised due diligence in each case, are considered force majeure, especially monetary, trade and other official measures, significant business disruptions (such as fires, machine breakdowns and shortages of raw materials or energy) and traffic obstruction – not of a short-term nature in each case – that render it significantly more difficult or even impossible to perform our Services. The same applies to strikes and lockouts. If instances of force majeure or equivalent events should last for longer than four (4) months, both Parties are entitled to withdraw from the contract. We shall notify you of the beginning and end of such events as soon as possible.
5.4 Only for consumers: The risks of accidental destruction and accidental deterioration transfer to you or a third party named by you upon the handover of the goods.
5.5 Only for entrepreneurs: The risks of accidental destruction and accidental deterioration transfer to the carrier upon the handover of the goods.
5.6 The risks of accidental destruction and accidental deterioration then transfer to you if you delay in accepting the goods.
5.7 If goods are delivered with obvious damage to the packaging or contents, you are obliged to report it to the shipping/freight service immediately and refuse acceptance. You must also contact us without undue delay.
6. Only for consumers: Right to cancel
6.1 You have the right to cancel in accordance with the statutory provisions and the following cancellation policy.
6.2 If you exercise your right to cancel, you must bear the regular costs of returning the goods.
6.3 The right to cancel does not exist for contracts for the supply of goods that have been fabricated to customer specifications or are clearly tailored to the personal needs of the customer, are unsuitable to be returned due to their nature, are highly perishable or would pass their expiry date.
Cancellation policy
You have the right to cancel this contract within fourteen (14) days without providing a reason.
The cancellation deadline is fourteen (14) days as of the day on which you or a third party named by you – that is not a transporter – takes possession of the goods.
To exercise your right to cancel, you must inform us (Axcom Power Solutions GmbH, Carl-Friedrich-Benz-Strasse 15, 47887 Willich, tel.: +49 (0) 2154 / 4838-0, email: info@axcom.de) by means of an unequivocal declaration (e.g. a letter, fax or email) of your decision to terminate this contract. You can use the enclosed cancellation form template, although you are not required to do so. You need only send your notice of cancellation before the expiry of the cancellation period in order to meet the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we will be obliged to reimburse you with all payments received from you, including delivery costs (excluding the additional costs resulting from your selection of a different delivery method to the cheapest standard delivery option offered by us), immediately, or within fourteen (14) days of our receipt of your notice of cancellation at the latest. For this reimbursement, we will use the same payment method that you used for the original transaction unless we expressly agree otherwise with you; under no circumstances will you be charged for this reimbursement. We can refuse to reimburse the payments until we receive the goods or voucher or until you provide evidence that you have sent the goods back, whichever happens first.
You must send or hand over the goods to us immediately or within fourteen (14) days of informing us of the cancellation of the contract. The deadline shall be deemed adhered to if you send the goods before the period of fourteen (14) days expires.
Cancellation form template
(If you wish to cancel the contract, please fill in this form and send it back to us.)
Recipient:
Axcom Power Solutions GmbH
Carl-Friedrich-Benz-Strasse 15
47887 Willich
Email: info@axcom.de
I/we (*) hereby cancel the contract concerning the purchase of the following goods (*) / provision of the following service (*) concluded by myself/ourselves (*)
Ordered on (*) / received on (*):
Name(s) of the consumer(s):
Address(es) of the consumer(s):
Date:
Signature(s) of the consumer(s) (only required for a notice of cancellation in hard copy)
(*) Delete as appropriate.
7. Retention of title
7.1 Only for consumers: The delivered goods shall remain our property until the purchase price is paid in full.
7.2 Only for entrepreneurs:
7.2.1 The supplied goods shall remain our property until the fulfilment of all claims arising from the business relationship with you (‘Goods Subject to Retention of Title’).
7.2.2 You may only resell the Goods Subject to Retention of Title as part of the normal course of business. You are not entitled to dispose of the Goods Subject to Retention of Title in any other way, especially to pledge them or assign them as security.
7.2.3 You are entitled to process the Goods Subject to Retention of Title further. This further processing shall take place free of charge and exclusively for us as the manufacturer in the sense of Section 950 BGB; this does not impose any obligations on us. The processed goods shall be considered Goods Subject to Retention of Title.
7.2.4 If the goods are processed, combined or mixed with goods that are not our property, we shall obtain joint ownership of the new objects. The scope of this joint ownership is based on the ratio between the invoice value of the Goods Subject to Retention of Title and the invoice value of the other goods. If we lose ownership as a result of combination or intermixture, you hereby assign us your ownership rights to the new object in proportion with the invoice value of the Goods Subject to Retention of Title, and shall store the new object for us free of charge. Our joint ownership rights count as Goods Subject to Retention of Title.
7.2.5 You hereby assign the claim arising from a resale of the Goods Subject to Retention of Title to us. If you sell the Goods Subject to Retention of Title along with other goods that were not supplied by us, the assignment of the claim arising from the resale only applies up to the resale value of the Goods Subject to Retention of Title. If goods in which we have joint ownership shares are resold, the assignment of the claim applies up to the resale value of those joint ownership shares.
7.2.6 You are authorised to collect the claims assigned to us arising from the resale of the Goods Subject to Retention of Title.
7.2.7 We are entitled to withdraw permission to resell the goods and the authority to collect if
a) you default on payments arising from the business relationship; b) you dispose of the Goods Subject to Retention of Title outside of the normal course of business; or c) a significant deterioration in your financial circumstances becomes evident after the conclusion of the contract and threatens one of our claims, especially in the event of default or an application to initiate insolvency proceedings in connection with your assets.
7.2.8 We undertake to release the collateral held by us at your request, provided that the realisable value of the collateral exceeds that of the secured claim by more than 10% in total.
7.2.9 You must insure the Goods Subject to Retention of Title at your own expense against fire and water damage, breakage and theft, and provide us with evidence of this cover at our request.
7.2.10 You must notify us immediately of any attachments or other third-party interventions in connection with the Goods Subject to Retention of Title.
8. Only for entrepreneurs: Duty to inspect and report defects
You must inspect the goods carefully as soon as you receive them. The supplied goods shall be deemed accepted by you if
a) a patent defect is not reported to us in writing immediately or within one week of delivery, or
b) a latent defect is not reported to us in writing immediately or within one week of its discovery
9. Defects
9.1 Only for consumers: Your rights in cases of defects are governed by the statutory provisions. The statutory provisions only apply to claims for compensation and reimbursement due to defects in accordance with clause 10.
9.2 As a rule, we offer subsequent improvement or the delivery of replacement as a gesture of goodwill and without acknowledging a legal obligation. There shall be no acknowledgement leading to the recommencement of the limitation period unless we provide you with an express declaration to that effect. With the exception of an expressly declared acknowledgement, no new limitation period shall commence upon subsequent improvement or the delivery of a replacement.
9.3 No claim against us can be derived from damage caused by improper or non-contractual actions during assembly, connection, operation or storage. The manufacturer’s information in particular is authoritative with regard to determining impropriety and infringement of the contract.
9.4 Only for entrepreneurs: Characteristics in the goods named prior to the conclusion of the contract do not automatically count as part of the agreed nature within the meaning of Section 424 (2) no. 1 BGB or the agreed accessories and agreed instructions within the meaning of Section 424 (2) no. 3 BGB unless they are expressly named in the confirmation of contract.
9.5 Only for entrepreneurs: If the goods are consistent with the agreed nature, our service shall be deemed contractual and free from defects even if it does not conform to the objective requirements in the sense of Section 434 (3) BGB.
9.6 Only for entrepreneurs: If the goods are defective upon the transfer of risk, we are entitled to provide subsequent performance in the form of either subsequent improvement or the delivery of a replacement.
9.7 Only for entrepreneurs: If subsequent performance should fail, you are entitled under the statutory provisions to demand a reduction in price or withdraw from the contract at your discretion. Clause 10 applies to claims for compensation and reimbursement due to defects.
10. Liability
10.1 Claims for compensation and reimbursement against us, regardless of the legal grounds, are excluded.
10.2 The exclusion of liability as described in clause 10.1 above does not apply:
a) to claims for reimbursement pursuant to Section 439 (2) and (3) BGB;
b) to liability under the German Product Liability Act (ProdHaftG);
c) in cases of intent or gross negligence;
d) in cases of culpable injury to life, limb or health;
e) to infringements of material contractual obligations, i.e. duties that must be fulfilled in order that the contract can be duly executed and on the fulfilment of which you can normally rely and be expected to rely. However, liability for an infringement of material contractual obligations is limited to compensation for the typical foreseeable damage for the type of contract in question, provided that we are not liable due to intent or gross negligence, injury to life, limb or health or under the German Product Liability Act;
f) to liability on the grounds of a data protection claim;
g) Only for entrepreneurs: to claims for reimbursement as part of supplier recourse pursuant to Section 445a (1) BGB
10.3 Provided that our liability is excluded or limited in accordance with the clauses above, this also applies to the personal liability of our employees, vicarious agents and legal representatives.
10.4 Clause 5.2 applies exclusively to compensation claims for damage caused by default.
11. Limitation
11.1 Your claims due to defects shall become time-barred within one year of delivery. In deviation from this, your claims due to defects shall become time-barred within the statutory limitation period
a) in the case of Section 438 (1) no. 1 BGB (a right in rem of a third party on the basis of which surrender of the object may be demanded);
b) in the case of claims for compensation due to intent or gross negligence, injury to life, limb or health or liability under the German Product Liability Act;
c) only for consumers: for claims to subsequent performance, due to withdrawal or a price reduction;
d) only for entrepreneurs: in the case of Section 445b (2) BGB (entrepreneur's recourse).
12. Only for entrepreneurs: Foreign trade legislation
12.1 Fulfilment of the contract with you is contingent on there being no impediments due to national or international foreign trade legislation, as well as no embargoes and/or other sanctions.
12.2 When transferring the goods supplied by us to third parties in Germany and abroad, you must adhere to the applicable national and international (re-)export control regulations in each case. In any case, you must adhere to the (re-)export control regulations of the Federal Republic of Germany and the European Union.
12.3 Where necessary for export control inspections, you shall, if called upon to do so, send us all information about the end recipients, end uses and purpose of the goods supplied by us or services performed by us, as well as related export control restrictions.
13. Copyrights
We hold the copyrights to all images, videos and text published in our online shop. The images, videos and text may not be used without our express consent.
14. Legal venue; applicable law
14.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Only for consumers: If you are habitually resident in another country at the time of your order, the chosen legal venue shall not affect the applicability of the mandatory legal regulations of that country.
14.2 Only for entrepreneurs: If you are an entrepreneur, corporate body under public law or a special fund under public law, the exclusive legal venue shall be our registered office. However, we are also entitled to file a suit at any other competent court.
14.3 Only for consumers: We are neither willing nor obliged to participate in dispute resolution proceedings with a consumer arbitration service. (Section 36 (1) No. 1 VSBG).