General conditions of sale (AGB's) from the company
Gerhard P. Hirsch

Our offer at Akku and button cells addresses itself to private-customers and commercial customers; our other offer addresses itself primarily to commercial customers.

1. Ranges of application

1.1 these terms of payment and supply is a substantial component of all contracts with our customers. Our terms of sale apply exclusively; we do not recognize opposing or deviating conditions of the orderer on, it is, we their validity would expressly in writing have agreed. Our terms of sale apply, even if we implement the supply in knowledge more opposing or from our terms of sale of deviating conditions of the orderer to the orderer unreservedly.
1.2 all agreements, which are made between us and the orderer for execution of the present Treaty, to have in writing or by E-Mail take place.
1.3 our terms of sale applies also to all future business with the orderer.
1.4 for private-customers does not apply our AGB's - if these do not correspond to the remote paragraph law in some conditions - according to the current version of the remote paragraph law. www.g contracts with customers, who are a) unrestrictedly competent natural persons, those age is 18 or older.
1.5 With b) legal entities completed as well as age, (in the following "orderers" mentioned). As far as the offer of an not accepted orderer was accepted inadvertently of, is entitled within an appropriate period for the explanation of the resignation of the contract opposite the orderer.

2. Order

2.1 button cells and Akku: Orders become as a rule within 24 hours (on workdays) dispatch. With special productions or larger orders of individual products the right reserves itself to extend the delivery time appropriately. Informed about the acceptance of its offer the customer either by E-Mail or at the latest by execution of the supply of the ordered goods.
2.2 the contract the offer comes off the delivering orderer already by acceptance of the offer through without explanation opposite. The orderer does without a notification of acceptance (§ 151 BGB).
2.3 orders by email, which repeat a preceding telephone order, are considered as the further order. the orderer requires
2.4 by the order expressly the transmittal of the commodity in packing, which serves for it, to protect the commodity transport damages or which serve the security of transport.
2.5 to assume the order of the orderer to these. With write -, pressure and calculation errors on the Website or credit-worthiness lacking of the orderer is entitled to the resignation. Requirements for compensation of the orderer are impossible in such cases. ar ned by him. the right reserves itself.
2.7 quantities larger when ordering to agree upon the delivery time separately

3. Prices

3.1 all prices are indicated in Euro. The legal value added tax are included in the indicated prices so far particularly indicated. Customers in the European Union (EU), but outside of Germany:
Private customers without value added tax identification number: Prices inclusive 19 % value added tax are valid (no further taxes result, also not in your country).
Commercial customers with a value added tax identification number: Prices without 19 % value added tax are valid (we need your tax identification number).
The indicated prices are obligatory, subject to changes. Pressure or calculation errors excepted.
Forwarding expenses are not contained in the indicated prices. Desired special services with the dispatch are charged for separately. Transportation packaging is included in the price.
3.2 the right reserves itself to increase the prices appropriately if cost increases, in particular due to collective wage agreements or materials price increases, occur. In case if the prices should change, the orderer will be informed about it before execution of the order.

4. Supply

4.1 The supply takes place unfreely on calculation and danger of the receiver with the German post office AG or, if this is better, by GLS or by UPS standard.
4.2 If not differently agreed upon, supply will be made from stock Wuppertal. The danger turns into on the orderer, as soon as the supply left the company, even if partial deliveries take place. The supply takes place at expense of the orderer.
4.3 Delivering time or period is noncommittal, as far as exeptionally the date of delivery was not obligatorily ass red. remains unaffected for 2.1 these sales and of terms of delivery.
4.4 in the case of higher force, to which also lack of material, operational disturbances, strikes or official measures - in each case also with our pre suppliers - as well as punctual and not correct self supply do not belong, we are entitled to withdraw totally or partly from the contract or to postpone after own discretion the supply around the duration of the handicap. Thereby if the originally agreed upon delivery time is exceeded by more than 6 weeks, then the orderer has the right to withdraw from the contract.
Requirements for compensation are mutually impossible in this case. Transport damages must be announced to the post office or the carrier immediately.
4.5, after in delay is guessed/advised already, an appropriate respite with refusal menace, then he is entitled at fruitless operational sequence of this respite to withdraw from the contract. Requirements for compensation because of default at height of the foreseeable damage are entitled to the orderer only if the delay were based on resolution or rough negligence. The compensation adhesion on 50% of the occurred damage is in all other respects limited.

5. Terms of payment

5.1 If nothing different was agreed upon to pay is the purchase price net (without departure) within 14 days starting from invoice date by bank credit transfer.
5.1.1 payment by lastschriftverfahren is possible according to agreement within Germany. In addition the customer communicates www.g the account data to the company with the order and gives a written direct debit authorization.
5.1.2 If the orderer comes into delay of payment, then is entitled to demand interests at a value of 7% over the basis interest of the European central bank per annum.If www.g a higher damage caused by default developed demonstrably, is entitled www.g to make valid these. The orderer is however entitled to prove www.g that as consequence of the delay of payment none or a substantially smaller damage developed.
5.2 If after conclusion of the contract a substantial degradation of financial circumstances of the orderer or www.g occurred degradation of financial circumstances becomes only after conclusion of the contract admits, then is entitled to demand pre-payment or security deposit.
5.3 set-off rights are entitled to the orderer only if its counterclaims are recognized validly determined, undisputed or of www.g
In addition it is only to that extent authorized to the practice of a right of lien, when its counterclaim is based on the same contractual relation.
5.4 is justified, without making indication on reasons a supply of payment course removal dependent and reserves itself to supply by cash on delivery and/or require pre-payment.

6. Retention of title

6.1 The supplied commodity remains property of, until the orderer paid all demands, who has www.g now and in the future against him.
6.2 the orderer is justified to resell the purchase thing in the tidy course of business; he retires however already now all demands at height of the invoice total amount (including value added tax), to him from the far sale against its customers or third grown-up, independently of whether the purchase thing without or after processing was resold.
For the collection of this demand the orderer remains authorized also after the transfer. The power of to draw in the demand remains of it unaffected www.g commits itself however to draw in the demand not as long as the orderer follows his liabilities from taken in proceeds, is not in delay of payment and in particular no request for opening of an insolvency procedure is posed or receipt of payment is present. If this is however the case, it can require that the orderer communicates the retired demands and their debtor, all data necessary for the introduction makes, which hands pertinent documents out and which to debtors (third) the transfer communicates.
6.3 the processing or reorganization of the purchase thing by the orderer always one makes for If the purchase thing with others, www.g not belonging articles, is processed then the co-ownership at the new thing in the relationship of the value of the purchase thing to the other finished articles acquires at present the processing.

7. Warranty of merchantability

7.1 The warranty laws of the orderer that he followed his investigation and be incumbent onnesses being incumbent onnesses owed after § 377, 378 HGB duly.
7.2 data-processing systems and computers commodity do not work always error free. In addition the imponderables of the InterNet do not come. is not responsible therefore for damage, which is based on the fact that due to technical lack from the orderer delivered offers are possibly received there not with or is not considered.
7.3 If a lack is present in the thing purchased from www.g after own choice for lack removal or for replacement. for the defect removal/replacement ready or not able or if this is retards beyond appropriate periods for reasons, which has to represent, or fails in other way the defect removal/replacement, the orderer is entitled after its choice to withdraw from the contract or to require an appropriate reduction of the purchase price.
7.4 so far below nothing different one results, is not large requirements of the orderer - same from which arguments - is therefore not responsible for damage, which did not develop at the delivery article; in particular is not responsible for escaped profit or for other financial damages of the orderer.
7.5 does not apply for managing adhesion free design, as far as the cause of the damage was based on resolution or rough negligence. Furthermore it applies not if the orderer because of the absence of a assured characteristic of requirements for compensation because of default in accordance with § 463, 480 Abs. 2 BGB makes valid.
7.6 if negligently a contract-substantial obligation hurt, is our obligation to indemnify for special or personal injuries to the covering sum of our product liability insurance limited. We are ready to grant the orderer on demand view of our policy.
7.7 the guarantee period amounts to counted twenty-four months, starting from passage of the risk. This period is a period of limitation and applies also to requirements on replacement of lack damages, as far as no requirements from bad action are made valid.
7.8 the customer is responsible for the use of the products.

8. Return, false orders

8.1 private-customers: After the German remote paragraph law orderers can return ordered goods by telephone or computer within 14 days without indication of reasons: Orderers are bound for no more to your explanation, if you recall her within one period of 2 weeks after receipt of the transmission. The revocation does not have to contain reason and take place in writing, via return of the thing. For period keeping is sufficient the punctual sending off commodity on: Gerhard P. Hirsch, Nettenberg 6, D 42349 Wuppertal. After receipt of your revocation we are obligated to return possible payments and you are obligate our supply back at our expense and danger to send. The orderer carries the back transmission costs with an order up to 40 Euro.
8.2 commercial customers: This return right is entitled to the orderer with special productions only on special agreement. For the keeping the punctual sending off of the commodity meets the period. The orderer is only authorized to send supplied commodity back on if it sends back these in the original packagings and the return before in writing agrees. If being to blame for the buyer lies forwards (wrong order, double order, packing unit does not consider etc.), is entitled to place to the orderer the contract-conditioned costs in calculation.

9. Joint and several liability

9.1 a larger adhesion on compensation as in 7.4 to 7,6 intended, is impossible.
9.2 for the regulation in accordance with paragraph 1 does not apply to requirements in accordance with § 1, 4 product liability law. Same applies for representing impossibility with initial inability
9.3 so far our adhesion impossible or limited, applies this is also to the personal adhesion of our employees, employees, coworkers, representatives and executing aides.

10. Export control

10.1 in acknowledgment of the American and otherwise applicable (Germans in particular) export control legislation commits itself the orderer, before the export of products or technical information, which it received from to catch up all necessary export licences or other documents at its expense.
10.2 the orderer commits itself to export such products or technical information neither directly nor indirectly at persons to sell companies or into countries to reexportieren, to supply or otherwise pass on, if this offends against American or other (in particular German) laws or regulations. The orderer commits himself to inform all receivers of these products or technical information about the necessity to obey these laws and regulations. The orderer becomes at own expense all licenses and ex and import papers constituted, which are necessary for its use of the products. The refusal of an export licence entitled the orderer not to the resignation from the contract or to compensation demands.

11. Miscellaneous

11.1 if the orderer is general merchant, place of jurisdiction is Wuppertal; is entitled to complain also at the seat of the orderer.
11.2 if from the confirmation of order nothing different one results, our registered place of business (D-Wuppertal) is place of delivery.
11.3 the validity of the uniform UN Kaufrechts (CISG) one excludes.
11.4 the transfer of requirements, which develop for the orderer from the business relation with, one excludes.
11.5 should individual regulations of the present Treaty totally or partly or become legally ineffective, then of it the validity of the contract is in all other respects not affected. For this case the parties commit themselves to agree upon in place of the ineffective regulation an effective regulation those, so far legally possible, which with the ineffective regulation pursued economic purpose with consideration of the interests come in the present Treaty comes next to the expression.

12. Protection of data privacy

12.1 all customer data are stored electronically only so far necessarily at the company
12.2 The company dispatches no unsolicited email advertisement.
12.3 the company passes on no information concerning its customers to third, in particular not for advertising purposes.


Gerhard P. Hirsch

Gerhard P. Hirsch
42349 Wuppertal
Tel: +49 (0)202. 47 22 23
Fax: +49 (0)202. 47 22 92

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Conditions of Sale
© 2002-2013 Gerhard P. Hirsch, 03. Mar. 2013