1. Basis of contract 2. Offer and conclusion of contract 3. Notice of revocation 4. Pricing and terms of shipping 5. Delivery and terms of shipping 6. Retention of title 7. Guarantee 8. Liabilities 9. Other 10. Privacy policy 11. Reference to battery regulation 12. Shipping terms
All contract closures over the internet between the client and ACE Handels und Entwicklungs GmbH lie exclusively with General Terms and Conditions Act. This is identified by the client upon order .
1.1 The wording of the contract is saved. The precise data for the order is sent to you per e-mail; additionally you can see these in our customer log-in range, respectively at eBay under the listed article number. The General terms and conditions can be seen at any time on our Internet site and/or "My" page.
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2.1 ACE Commerce and Development GmbH offers goods through the internet, these are, as a rule permanently available, except where there are differences in the article description. They can be exclusively acquired over the Internet promotion from ACE Handels und Entwicklungs GmbH and its associated sales system for e.g. eBay or Internet shops. Guidelines or handbooks for sales advice can be found on the relevant internet page.
2.2 Customer orders over the internet are legally binding.
2.2.1 Orders over Auction houses (e.g. eBay) Closure of contract follows in accordance with legal regulations and general terms and conditions and the respective auctioneers. The contract appears on the eBay platform with a time lapse for maximum offers. For immediate purchase, there is the option to click appropriate button on the page of offer, negotiating the transaction between the buyer and the bidder. After clicking the offer button, the buyer then has the opportunity to confirm details as applicable. The contract text is filed under the respective article number with eBay for 90 days and can be viewed by the customer at any time.
2.2.2 Purchase and order completion (over own domains) Offers on own domains for ACE Handels und Entwicklungs GmbH are subject to change, by clicking the button „purchase article“ or „ in shopping basket“ the article is placed in a virtual basket. When in shopping basket“mode, the client has the opportunity to confirm his details as applicable. In the next two steps the client can select address for payment and delivery. In the next step, the client selects his method of payment. The last step, the client receives a summary of the selected articles and forwarding and payment details. At this stage the client has the opportunity once again to correct his details.
With the click of a button „Send order / Post order", the customer has agreed to the order and therefore all orders are placed in the shopping basket. The sales contract is delivered with the confirmation of order, or latest upon delivery of ordered goods. The contract text is saved and can be seen on our page by the client at any stage.
If you do not receive confirmation of purchase or delivery within five working days, you are no longer bound to the order. In this instance, all information and services provided by the client will be reimbursed.
Any customer has the right to revoke his/her contractual statement for any reason, within 1 month of receipt of goods, in writing, (e.g. letter, e-mail, and fax) or by returning the goods. The revocation is conveyed once again in text form to the customer. The period begins on the day that the customer receives the goods and the revocation statement. To meet the necessary time revocation terms, it’s important to send necessary revocation statement or goods within the correct time period.
The WRITTEN revocation to be addressed to:
ACE Handels- und Entwicklungs GmbH vertreten durch die Geschäftsführer Roland Petermaier und Klaus Forsthofer Staufenstraße 1 Halle 14 D-83395 Freilassing Firmenbuch: HRB 18204 / Amtsgericht Traunstein UID: DE233838866 Telefax : +49 (0) 8654 77 99 694 E-Mail : info@ace-breathalyzer.com Web : www.ace-breathalyzer.com
In the case of a mutually effective revocation, it is necessary to reimburse amounts or services of each party, and if applicable all costs incurred (e.g. interest costs). If the goods cannot be fully or partially refunded or if they are in deteriorated state, then compensation must be paid to the same value. This does not apply after examination of the goods, and confirmation that damage was incurred while the goods were still in retail, or if it can be proven that the goods do not comply with the regulations or requirements following commencement of use.
Parcel transportable goods have to be returned at our risk. Non parcel transportable goods are to be collected by the customer. The client is responsible for bearing all costs, when the delivered goods are correct, and when the price of the returned item does not exceed EUR 40, or when the price is higher, and at the time of revocation neither payment nor contractual agreed partial payment has taken place, otherwise returns are free of charge.
Refund payments must take place within 30 days in compliance with sending revocation statement.
The right of revocation does not exist, until otherwise determined, with foreign sale contracts,
for delivery of goods that are made to customer specifications, goods that are custom made to suit personal needs or due their configuration are not suitable for return, or goods that can deteriorate or have expired sell-by date, for purposes of delivery of audio or video recordings and software, provided the delivered medium is unsealed by the consumer. For delivery of magazines, newspapers, catalogues.
End of revocation policy
It is authorised to return the goods cost free, without establishing contact first. Please bear in mind that the German postal services will therefore charge us EUR 12, 00. We recommend that you contact us, or affix the necessary postal stamps.
4.1 The prices valid are those that were displayed at the time of order on the Internet. ACE Handels und Entwicklungs GmbH reserve all rights of correction of obvious mistakes.
4.2 Packing and forwarding expenses, which in principle are covered by the client, will be added to the price.
4.3 As a principal the shipping of goods follows upon payment. Advance payment should be deposited punctually by the customer into the given account for ACE Handels-und Entwicklung GmbH. In the event of another arrangement requested by the client, the goods may be collected on a C.O.D (Cash on delivery) basis.
4.4 The goods are exclusively delivered as an insured parcel. ACE Handels- und Entwicklungs GmbH reserve the right to select its logistics partner.
5.1 Shipping of the goods follows directly upon receipt of the complete purchase price, not including extra forwarding and delivery costs by ACE Handels- und Entwicklungs GmbH.
5.2 The client insures that the correct and complete shipping address has been provided with eBay. Should it be that incorrect data is issued, resulting in unnecessary additional shipping costs, or any newly arising expenses, or return debits, then the customer is liable to compensate for these incurred costs.
5.3 If there is more than one order simultaneously, it is possible to arrange one standard shipping contract, if this is requested by the client. Requests in this regard however, do not exist.
5.4 The risk of ruin, loss or damage of the goods passes from us to the buyer, as soon as the goods have been dispatched or transferred to the forwarder or - in case of pick-up by the buyer - as soon as goods have been prepared for dispatch. The unobjected acceptance of the goods by the forwarding agent/carrier shall be deemed proof of satisfactory packing of the goods. Any insurance of the goods to be dispatched will be affected by us on request and to the account of the buyer only. Any damages of goods insured by us need to be confirmed by railway or postal authorities or by the forwarding agent.
5.5 Should delivered articles be apparently damaged by faulty material manufacture, whereby this also includes damage during transport, please lodge complaints directly through us, or with co-workers of the transport company. Avoiding these complaints however, does not have any legal consequences.
ACE Handels- und Entwicklungs GmbH shall retain title to the product pending receipt of full payment for amounts due under the delivery contract. The customer may neither pledge, nor assign by way of security, the goods subject to retention of title. The customer may dispose of such goods in the ordinary course of business at its usual conditions, and subject to provision that the customer receives payment from its buyer, or itself retains title to the goods until the buyer settles all payment obligations in full. The customer shall notify ACE Handels- und Entwicklungs GmbH without delay if the product becomes the object of seizure, attachment or other third party dispositions.
7.1 The guarantee shall amount to 2 (two) weeks from the date of delivery of goods, upon receiving written confirmation of the damaged goods or in accordance with statutory requirements and conditions of ACE Handels- und Entwicklungs GmbH. We reserve the right to seek settlement of our claims by compensating for delivery or subsequently fulfilling improvement or repair and replacement of equipment as quickly as possible.
7.2 The period of warranty for consumer rights, pertaining to faulty goods, shall be 2 (two) years, and for entrepreneurs 1 (one year). In each case warranty period commences upon delivery of the goods.
7.3 Data regarding the functional use of our products, as well as any other technical documentation of new as well as used goods are given according to the best of our knowledge on the basis of experience and trials by ACE Handels- und Entwicklungs GmbH. In principle this can only be regarded as guidelines from which liability cannot be derived.
ACE Handels- und Entwicklung liabilites for breach of contractual obligations, due to liability for material defects or from tort is limited to intentional or gross negligence, as well as the replacement of the damages typically arising. This does not apply for claims due to the breach of cardinal obligations and compensation of damages caused by delay, intent and gross negligence, as well as in the event of injury . We are not liable for direct or indirect losses that potentially accrue to the client or other persons or for damages and casualties that have accrued through external influence, improper treatment or incorrect application of the delivered package
9.1 ACE Handels- und Entwicklungs GmbH takes into consideration the required data protection law, in particular Tele services data protection law.
9.2 Regarding all other aspects, the stipulated legal regulations are valid.
9.3 Nevertheless, in case of ineffectiveness of statutory regulations of the sales contract or general trading conditions, the rest of the contract remains effective. In the case of cross border transactions, the German law remains valid.
9.4 As long as the client is a merchant, all disputes that are contractually related will be handled by the registered juridical area of ACE Handels- und Entwicklung.
Stand August 2007
We use information collected from our customers to determine the customer’s needs and to provide services to the customer. All client details are considered, processed and saved under the appropriate German Federal Data Protection Law (BDSG) and the Tele service Federal Data Protection Law (TDDSG). The client has the right at any given time to receive information and notification and of course to opt out of sharing this information with our organisation. The client can also choose to have all captured details erased . Please contact us per e-mail or post. We will not give your personal information including home address, and email details further onto a third party. We give you the control over who is allowed to see your details and how it is to be used. Except in certain cases, some of our services are provided in conjunction with our business partners and we will need to disclose your information to them, for e.g tools that are required for purposes of order processing, shipping documentation or payment. In this instance we act in our customers best interests and we will treat our customer’s information with the utmost respect, and therefore only disclose minimal details. We use technical and organisational safety measures to protect your data from all types of false manipulation, loss, or from being accessed by unauthorised persons.
By law, you are required to dispose of batteries at a local point of collection (recycling centre) or you can dispose of them at the nearest electrical shop/supermarket free of charge. According to the law, disposal of batteries in household refuse is forbidden. Batteries issued by us, can be sent back after use to the above mentioned with the postal service free of charge. Batteries that contain harmful substances, are marked with a crossed X refuse container. Under the symbol of the refuse container is the chemical notification for harmful substances – „Cd“for Cadmium, „Pp“for lead „Hg“for mercury.
We consign worldwide.
Forwarding expenses add up as follows: packing materials, complexity of packaging, dispatch handling and postal charges. The purchaser is to bear these costs and they are summarized in the forwarding fee.
We calculate per order (not per article) a shipping and handling flat rate.
If for any reason the shipping and handling fee is not clearly evident on the front page of the page of offer, or directly with the article on offer, then the following will apply:
On http://www.ace-technik.de the following shipping/handling costs apply:
Germany: EUR 5,00 – from EUR 75,00 contract price, free of shipping costs Austria: EUR 5,00 – from EUR 75,00 contract price, free of shipping costs Rest-Europe + Swiss: EUR 25,00 – from EUR 500,00 contract price, free of shipping cost Rest of World: EUR 40,00
On http://www.alkomat.net following shipping/handling costs apply:
Germany: EUR 5,00 – from EUR 150,00 contract price, free of shipping costs Austria : EUR 5,00 – from EUR 150,00 contract price, free of shipping costs Rest-Europ + Swiss: EUR 25,00 – from EUR 500,00 contract price, free of shipping costs Rest of World: EUR 40,00
On http://www.gasmesstechnik.de following Shipping/Handling costs apply:
Germany: EUR 5,00 – from EUR 150,00 contract price, free of shipping costs Austria: EUR 5,00 – from EUR 150,00 contract price, free of shipping costs Rest-Europe + Swiss: EUR 25,00 – from EUR 500,00 contract price, free of shipping costs Rest of Welt: EUR 40,00 These rules do not apply for shipping goods (to commercial customers). If upon dispatch, the shipping is necessary through a private transport company, then we reserve the rights to claim back the necessary charges.
