§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you enter into with us as a provider (ces cnc engineering solutions GmbH) via the internet site ces-store.de or watchout-ces.de. Unless otherwise agreed, we object to the inclusion of your own terms and conditions, where applicable.
(2) Consumer in terms of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. A business owner is any natural or legal entity or a partnership with legal capacity who, when concluding a legal transaction, acts in the pursuit of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The object of the contract is the sale of goods.
Our offers on the internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
Before submitting your order, you have the opportunity to check and change all details again (also using the “back” function of your internet browser) or to cancel the purchase.
By submitting the order via the “buy now” button you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in written form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound by your order. In this case, any costs incurred for services already rendered will be refunded immediately.
(4) Your enquiries for the preparation of an offer are not binding for you. For this purpose, we will submit a binding offer to you in written form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done by e-mail, which is partly automated. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically possible and, in particular, that it is not prevented by SPAM filters.
§ 3 Duration of the contract / cancellation of subscription contracts
(1) The subscription contract you have concluded with us is valid for an unlimited period of time. The contract can be terminated by both parties with a period of notice of 3 weeks effective at the end of the month (unless otherwise specified in the respective offer). The termination must be made in written form (e.g. e-mail).
(2) The right of termination without notice for an important reason remains unaffected.
§ 4 Right of retention, reservation of ownership
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) In addition, the following applies to business owners:
a) We reserve ownership of the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to recover the debts due. If you do not properly fulfil your payment obligations, however, we reserve the right to recover the debts due ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights to liability for defects exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
(3) If you are a business owner, the following warranty regulations shall apply in derogation of the aforementioned:
a) Solely our own specifications and the manufacturer’s product description shall be deemed agreed upon as to the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall render warranty at our discretion by rectification of defects or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The removal of the defect is considered to have failed after a second unsuccessful attempt, unless something else results from the type of item or defect or other circumstances. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, unless the transfer is in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. Shortening of the period shall not apply:
– for culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items which have been used for a building in accordance with their normal use and which have caused its defectiveness;
– in the case of statutory rights of recourse which you have against us in connection with rights of defect.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) If you are not a consumer but a trader, a legal entity under public law or a special fund under public law, the place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. Your right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer information
1. identity of the seller
ces cnc engineering solutions GmbH
Phone: +49 (0)7225 686 02 0
Fax: +49 (0)7225 686 02 99
Alternative Dispute Resolution:
The European Commission provides an online extra-judicial dispute resolution platform (OS Platform), available at https://ec.europa.eu/odr.
We are not prepared to participate in dispute resolution procedures before consumer arbitration bodies.
2. Information regarding the formation of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Formation of the contract” of our General Terms and Conditions (Part I.).
3. Contractual language, contract text storage
3.1 The contractual language is German.
3.2 The complete text of the contract is not stored by us. Prior to submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the print function of the browser. After we receive the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotes submitted outside the online shopping cart system, you will receive all contract data in written form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and payment terms
5.1 The prices quoted in the respective offers as well as the shipping costs represent overall prices. They contain all price components including all applicable taxes.
5.2 Shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been agreed.
5.3 The payment methods available to you are shown under a correspondingly marked button on our website or in the respective offer.
5.4 Unless otherwise specified for the individual types of payment, payment demands arising from the contract concluded shall be due for payment immediately.
6. Delivery terms
6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly marked button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is not transferred to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not tasked by the business owner or any other person designated to carry out the shipment.
6.3 If you are a business owner, the delivery and dispatch is at your risk.
7. Legal liability for defects
Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
8. Contract period / cancellation
Information regarding the duration of the contract as well as the cancellation terms can be found in the regulation “Duration of the contract / cancellation of subscription contracts” in our General Terms and Conditions (Part I), as well as in the respective offer.
The WATCH OUT! Tank is designed to be filled exclusively with our genuine WATCH OUT! disinfectant solution.