Terms and conditions

General Terms and Conditions of Sale
Scope of application
These terms and conditions apply to all purchases from ABC Deutschland GmbH, contractual partner ABC Ltd which are made by private customers and business customers. 
Private customers in this sense are natural persons, provided that the goods ordered by them cannot be attributed to their commercial or independent professional activity. 
Conclusion of contract 
The presentation of our goods and the granting of the possibility to place an order constitutes a concrete offer on our part to conclude a purchase contract. 
By placing an order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by e-mail to the e-mail address you have provided. 
Prices and shipping costs
The prices quoted are final prices including VAT. The amount shown at the time of the binding order shall apply. The shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you, are all borne by ABC. We shall bear the regular costs of the return shipment incurred in the event that you return the goods in exercise of your right of cancellation. 
Payment
Payment is made on delivery by 
   - credit card 
   - prepayment 
   - invoice 
   - PayPal 
   - payments 

Default of payment
If you are in default of payment, ABC Deutschland GmbH,, contractual partner ABC Ltd. is entitled to claim default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If ABC Deutschland GmbH, Contractual Partner ABC Ltd. can prove a higher damage caused by delay, ABC Deutschland GmbH, Contractual Partner ABC Ltd. is entitled to claim this damage.
Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the delivery address specified by the customer, within 
   - Germany 
   - Poland 
   - Czech Republic 
   - Switzerland 
   - France, Luxembourg 
   - Luxembourg 
   - Belgium 
   - The Netherlands 
   - Europe in 
   - Other countries in Africa, Asia, North and South America, Australia
(2) Delivery times depend strongly on the country of destination. For this reason we have defined three country groups, which have different delivery times. 
(2a) Country group 3: we expect delivery times between 4 and 8 weeks. The long delivery time is due to customs formalities, among other things, which cannot be accelerated by ABC. 
(2b) Country group 2: Countries such as the USA, where we expect average delivery times of between 8 and 21 days. Here, too, delivery can be delayed because the customs authorities follow their own working logic. 
(2c) Country group 1: Europe, Schengen area, Germany, here we expect delivery times between 3 and 7 days, as no customs formalities are required here. 
(3) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, any obligation to perform on the part of ABC Deutschland GmbH, contractual partner ABC Ltd. is excluded. Amounts already paid will be refunded immediately by ABC Deutschland GmbH, Contractual Partner ABC Ltd.
(4) RABC Deutschland GmbH, Contractual Partner ABC Ltd. can also refuse the service, as far as this requires an effort, which is grossly disproportionate to the interest of the customer in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid will be refunded immediately by ABC Deutschland GmbH, contractual partner ABC Ltd.
(4) Bulky goods (parcels with a larger volume than 1 sqm) are usually delivered by a forwarding agent. ABC Deutschland GmbH, contract partner ABC Ltd. expressly points out that these goods are not carried into the house. 
Favourable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by opening for functional testing.
(2) Please use a fully stamped and addressed return label for the return of the goods delivery, which you will receive from us by e-mail on request. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method. 
Retention of title
The delivered goods remain the property of ABC Deutschland GmbH, contractual partner ABC Ltd. until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods. 
Defect rights
(1) A product which is already defective at the time of delivery (warranty case) will be replaced by ABC Deutschland GmbH, Contractual Partner ABC Ltd. with a defect-free product or repaired professionally at the customer's discretion at the expense of ABC Deutschland GmbH, Contractual Partner ABC Ltd. (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, ABC Deutschland GmbH, contractual partner ABC Ltd. does not provide any warranty for a defect which has arisen due to improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort which, in consideration of the product price, is grossly disproportionate to the customer's interest in performance, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer are to be taken into account - the customer's claim is limited to the respective other type of supplementary performance. The right of ABC Deutschland GmbH, contractual partner ABC Ltd. to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected. 
(4) Both in the case of repair and in the case of replacement delivery, the customer is obliged to send the product at the expense of ABC Deutschland GmbH, Contractual Partner ABC Ltd. to the return address given by it, stating the order number. Before sending in the product, the customer must remove any objects inserted by him from the product. ABC Deutschland GmbH, contractual partner ABC Ltd. is not obliged to inspect the product for the insertion of such items. ABC Deutschland GmbH, Contractual Partner ABC Ltd. shall not be liable for the loss of such items, unless it was readily apparent to ABC Deutschland GmbH, Contractual Partner ABC Ltd. at the time of taking back the product that such an item had been inserted into the product (in this case ABC Deutschland GmbH, Contractual Partner ABC Ltd. shall inform the customer and keep the item ready for collection by the customer; the customer shall bear the costs thereby incurred). Furthermore, before sending a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords. 
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodeling,
b) if ABC Deutschland GmbH, Contractual Partner ABC Ltd. is responsible for the deterioration or loss or if the damage would also have occurred at ABC Deutschland GmbH, Contractual Partner ABC Ltd,
c) if the deterioration or loss has occurred at the customer's although he has observed the care he is accustomed to apply in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time. 
(8) In addition, there may also be claims against the manufacturer within the framework of a warranty granted by the latter, which shall be governed by the relevant warranty conditions. 
(9) The statutory warranty of ABC Deutschland GmbH, contractual partner ABC Ltd. ends two years after delivery of the goods. The period begins with the receipt of the goods. 
Liability
(1) In case of slight negligence ABC Deutschland GmbH, Contractual Partner ABC Ltd. is only liable in case of violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. ABC Deutschland GmbH, Contractual Partner ABC Ltd. shall not be liable for other damages caused by slight negligence due to a defect of the object of purchase.
(2) Independent of a fault of ABC Deutschland GmbH, Contractual Partner ABC Ltd. a liability of ABC Deutschland GmbH, Contractual Partner ABC Ltd. in case of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by ABC Deutschland GmbH, Contractual Partner ABC Ltd.
(3) ABC Deutschland GmbH, Contractual Partner ABC Ltd. is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in case of timely delivery.
(4) Excluded is the personal liability of the legal representatives, vicarious agents and employees of ABC Deutschland GmbH, Contractual Partner ABC Ltd. for damages caused by them due to slight negligence. 
Applicable law
The contract concluded between you and ABC Deutschland GmbH, Contractual Partner ABC Ltd. is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of jurisdiction Nuremberg, Germany
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the court in Nuremberg.
Dispute resolution
General information obligations for alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. 

Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.