General terms and conditions of business
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
In Germany, the following applies: According to § 13 of the German Civil Code (BGB), consumers are any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
For Austria, the following applies: In the following conditions, "consumer" refers to the "consumer" as defined in the Consumer Protection Act (KSchG).
For Switzerland: In the following terms and conditions, "consumer" refers to the "consumer" as defined by Swiss law.
The following applies to business customers: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase agreement is concluded with Testunternehmen GmbH.
By placing products in our online shop, we are making a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the products in your shopping cart by clicking the order button. You will receive an order confirmation by email immediately after submitting your order.
3. Contract language, contract text storage
The language(s) available for concluding the contract: German, English. We save the contract text and send you the order details and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Delivery conditions
Shipping costs
Shipping costs are added to the stated product prices. Details regarding shipping costs can be found in the individual offers.
Delivery options
We ship the products to the delivery address provided during the ordering process. We only deliver via shipping. Unfortunately, self-collection of the goods is not possible.
5. Payment
The following payment methods are generally available in our shop.
credit card
During the ordering process, you will enter your credit card details. Your card will be charged immediately after you submit your order.
SEPA Direct Debit Scheme
By placing your order, you are granting us a SEPA direct debit mandate. We will inform you of the debit date at least one banking day in advance (so-called pre-notification). A banking day is any working day excluding Saturdays, national public holidays, and December 24th and 31st of each year. Your account will be debited before the goods are shipped.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after you place your order. You will receive further information during the ordering process. PayPal may offer additional payment options in your customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these options; any additional individually offered payment methods will affect your legal relationship with PayPal. You can find further information about this in your PayPal account.
6. Right of withdrawal
Consumers have the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.
7. Retention of title
The product remains our property until full payment is received. For customers domiciled in Switzerland, we are entitled to register a corresponding entry in the retention of title register. For businesses, the following applies in addition: We retain title to the product until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us will not affect your statutory rights and their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.
9. Guarantees and Service
9.1 Warranty Law
The following applies to consumers residing in Germany and Austria:
The statutory warranty rights apply.
For consumers residing in Switzerland:
You should inspect the received goods as soon as practicable in the ordinary course of business and notify the seller immediately of any defects for which the seller is liable. If the consumer fails to do so, the purchased goods are deemed accepted, unless the defects were not discoverable upon reasonable inspection. If such defects appear later, notification must be given immediately upon discovery; otherwise, the goods are also deemed accepted with respect to these defects. Return the defective product to us with a description of the defect. You are responsible for the return shipping costs. We provide a warranty by remedying defects. This is done at our discretion either by repairing the defect or by delivering a replacement. If the remedy fails, you are entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to a price reduction is excluded.
The following applies to entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory warranty rights apply. The following limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives, or agents in the performance of our obligations: • in the event of injury to life, body, or health; • in the event of intentional or grossly negligent breach of duty or fraudulent intent; • in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on which the contractual partner may regularly rely (cardinal obligations); • within the scope of a guarantee promise, if agreed; or • to the extent that the scope of application of the Product Liability Act is applicable.
Restrictions on entrepreneurs
With respect to businesses, only our own specifications and the manufacturer's product descriptions incorporated into the contract constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to goods that, according to their customary use, have been used in a building and have caused its defectiveness. Used goods are sold excluding all warranties. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
Note to merchants
Merchants are subject to the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB). If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and Customer Service
Information on any applicable additional warranties and their exact terms can be found with the product and on dedicated information pages in the online shop. Customer service: For questions, please contact our customer service exclusively by email .
10. Liability
We are always liable without limitation for claims arising from damages caused by us, our legal representatives, or agents in cases of injury to life, body, or health, in cases of intentional or grossly negligent breach of duty, in cases of guarantees, insofar as agreed, or insofar as the scope of application of the Product Liability Act is applicable. In cases of breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on the part of us, our legal representatives, or agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract. Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final Provisions
If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
