General terms and conditions of Elektro-Sauser GmbH
Elektro-Sauser GmbH (hereinafter “we” or “Elektro-Sauser”) operates a stationary store in Itzehoe, Schleswig Holstein. The following terms and conditions apply to all services that we provide for our customers in the version valid at the time of the order or purchase.
Differing conditions only apply if they are agreed in writing. The business relationship between Elektro-Sauser and “consumer” according to §13 BGB and “entrepreneur” according to § 4 BGB differ. All products offered are purchased from importers and wholesalers. Key features of the products can be found on their website. Data sheets and technical information are provided by the manufacturers and suppliers. Elektro-Sauser does not check this information before selling it to our customers. The restrictions stated in the product description or otherwise arising from the circumstances apply to sales, in particular regarding performance information and legal regulations. If we explicitly state different product features, these are based on experience and become part of the contract.
Prices and delivery
The gross prices mentioned include all price components and taxes plus any delivery costs (transfer) from the wholesaler to the store in Itzehoe. If sales are made via sales partners, delivery will be made to this partner unless otherwise agreed. Delivery times depend very much on the wholesalers, importers and manufacturers. Delivery times can be significantly longer or shorter. These changes are beyond the control of Elektro-Sauser. The delivery costs depend on the respective vehicle type and importer (wholesaler) and are usually shown separately. Delivery to the customer can be arranged for an individually calculated fee. The vehicles are first delivered to the store in Itzehoe and checked there for completeness and quality of assembly.
Unless an expressly binding delivery date has been agreed, our delivery dates or delivery times are exclusively non-binding information. Delivery times are extended - even within a delay - appropriately in the event of the buyer's requests for changes as well as in the event of force majeure and all unforeseen obstacles that arise after the conclusion of the contract for which we are not responsible (in particular operational disruptions, strikes, lockouts or disruption of transport routes), insofar as such Obstacles have a significant impact on the intended execution or delivery. This also applies if these circumstances occur with our upstream suppliers or subcontractors. We will inform the buyer of the beginning and end of such obstacles by email as soon as possible. If the buyer has not provided an email address for communication, he or she can obtain information independently on the news (blog) website www.elektro-sauser.de. The buyer can request a declaration from us as to whether we want to withdraw or deliver within a reasonable period of time. If we do not explain ourselves immediately, the buyer can withdraw. Claims for damages are excluded in these cases.
Retention of title and acceptance The goods remain our property until the purchase price has been paid in full. The deposit is usually made when the products (vehicles) are ordered. The transfer of ownership takes place upon delivery to the customer in Itzehoe and the associated invoicing. If the customer does not collect the goods at the agreed time, we may charge an additional storage fee of an appropriate amount. The risk of accidental loss and accidental deterioration of the object of the order passes to the customer at the latest upon acceptance, but also on the agreed acceptance date (in the event of a delay in acceptance). However, when shipping, the risk of accidental loss and accidental deterioration as well as the risk of delay passes to the person or company designated for execution or shipping upon delivery of the vehicles. Liability Subject to the following exceptions, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence. If we are in arrears with the service due to slight negligence, if the service has become impossible or if we have breached an essential contractual obligation, liability for resulting property and financial damage is limited to the damage that is typically foreseeable in the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and whose compliance you can regularly rely on. This includes, in particular, our obligation to take action and fulfill the contractually agreed service.
Warranty
We grant the warranty in accordance with the valid legal rules §439 BGB (subsequent performance) and §476 BGB (deviating agreements). This warranty covers defects that the product already had at the time of purchase and were not known to the buyer at the time of delivery. The statutory warranty period is 24 months from delivery of the ordered item.
The limited warranty of six months applies to wearing parts such as batteries
Workshop services
Elektro-Sauser carries out workshop work on small electric vehicles for the customer, including the installation or replacement of vehicle parts. The work to be carried out is agreed in writing on the order form or email. If possible, the expected completion date will also be agreed upon there. The workshop order authorizes us to place subcontracts and to use subcontractors and to carry out test drives and transfer trips. At the client's request, we will note the expected prices in the order form. If the customer wishes a binding price quote, a written, chargeable estimate is required. The work and spare parts must be listed in detail here. We are bound to this cost estimate for seven working days from delivery to the customer. If the scope of work changes compared to the original order and a delay occurs as a result, we will inform the customer immediately. Payments must be made upon acceptance (without discount) at the latest. Defects in the workshop work must be reported to us as soon as they are identified. The remedy of defects must be reported to Elektrofrosch SH. The limitation period for defects from acceptance is one year, unless the customer accepts the goods (service) despite knowledge of the defect. The legal regulations regarding the rights of purchasers in the event of defects in Section 634 of the German Civil Code (BGB) naturally apply.
Final provisions
German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability). The place of jurisdiction is Itzehoe.
Elektro-Sauser GmbH
HRB 15321 PI
Managing Directors: Manfred Sallach and Ernst Timmermann
At Brookhafen 8
25524 Itzehoe
Tel. +49 4821 4065603
www.elektro-sauser.de
Info@Elektro-Sauser.de
Postbank
IBAN: DE 71 3701 0050 0986 4705 08
BIC: PBNKDEFF
Itzehoe August 18th, 2023New text
Elektro-Sauser GmbH
At Brookhafen 8
25524 Itzehoe, Germany
49 4821 40 65 603
Info@elektro-sauser.de