Elektro Center Torgau e. G. | Zinnaer Strasse 1, 04860 Torgau | Telephone: 03421 77400 | info@elektrocenter-torgau.de Home / Terms of Service TERMS OF SERVICE I. Deliveries 1. If we are in default and the customer has to set a grace period before he can assert his right of withdrawal / compensation, this is two weeks. 2. If the customer does not accept the purchased goods after a grace period set for him or if he expressly declares beforehand that he does not want to accept the goods, we can demand compensation for non-performance. As a rule, this amounts to 25% of the purchase price without special proof, unless it can be proven that no damage occurred at all or only at a significantly lower amount. At our option, we can also request compensation for the damage actually incurred instead of the flat rate. If the customer is in default of acceptance for more than four weeks, he must then reimburse the storage costs incurred for keeping the goods. In this case, the storage of the goods, for which we can also use a shipping company, is at the risk of the customer. 3. If, after the conclusion of the contract, we or our sub-suppliers are left with work, lockouts or other cases of force majeure, which were not recognizable when the contract was concluded and prevent timely delivery, the delivery period is extended accordingly by the duration of the hindrance. If the hindrance to delivery lasts longer than 8 weeks, the customer can withdraw from the contract. 4. We are granted a right of withdrawal if the manufacturer does not or no longer produces the ordered goods or if there is a case of force majeure, provided that these circumstances occurred after the contract was concluded and were not recognizable when the contract was concluded. We are also entitled to withdraw from the contract if the customer provides incorrect information about the facts that determine his creditworthiness or stops his payments or bankruptcy or settlement proceedings are opened against his assets. In particular, we can withdraw from the contract in the case of partial payment sales if the loan applied for to pay the remaining purchase price is not approved. II. Payment 1. If payment in installments has not been agreed, the purchase price is due after receipt of the invoice without any discount. We only accept checks if a valid Euro check card is issued for a maximum of DM 400.00. If the customer defaults on payment, the interest and expenses charged by our bank will be invoiced. We reserve the right to assert further claims. 2. The customer is not authorized to withhold due to claims from other contractual relationships. Offsetting on the part of the customer is excluded, unless his claim is undisputed or has been legally established. III. Installment purchases In the case of installment purchases that are subject to the installment law, the remaining debt is due in total if the customer is in default with at least 2 consecutive partial payments and the amount with whose payment he is in default is at least 10% of the purchase price. IV. Warranty 1. Obvious defects must be reported in writing within 14 days of delivery. The guarantee is excluded for defects that are not reported in good time. 2. The warranty is initially limited to rectification. At our option, instead of reworking, we can also deliver flawless replacements. The customer can choose between rescission of the purchase contract (conversion) or a reduction in the purchase price (reduction) if, in the case of radio, phono and television sets, washing machines, dishwashers, refrigerators and freezers as well as similar large appliances, a double, at A one-time repair or replacement delivery for small devices is unsuccessful or we refuse it. 3. Our warranty is also void if the customer himself or an unauthorized third party interferes with the delivered item, unless the error is demonstrably not due to the intervention. 4. We do not accept any liability for used devices. V. Retention of title 1. We reserve title to the delivered goods until all claims to which we are entitled against the customer from the underlying contract have been met in full. 2. As long as the sold item is still our property, it may not be resold, rented or given away. The customer must notify us immediately of any theft, seizure, relocation or any other impairment of our rights. VI. Repair conditions 1. General The following conditions apply to all orders placed with the client for repairs, the necessary preparatory work for this, reviews and the preparation of cost estimates. For repairs under the guarantee (guarantee), they apply in addition to the contractor’s guarantee conditions and the respective manufacturer’s guarantee. 2. Placement of the order and description of the faults 2. 1. The repairs are carried out by us or by a third party based on the defect report provided by the customer. If there is no defect report, the repair will be carried out without guarantee. 2. 2. If, before or during the repair, defects are found on the device that are not mentioned in the defect report or otherwise, and the removal of which is necessary for the device to function properly, we are entitled to reimburse the usual costs for such defects remedy. If the elimination of such defects requires a considerable amount of repair work in relation to the second value of the object to be repaired, the necessary repair work will only be carried out with the approval of the client. 2. 3. A cost estimate will only be made at the express request of the customer. We can invoice the costs incurred in preparing the estimate, provided that no order is subsequently placed. In this case, the repair item no longer needs to be returned to its original condition, unless the client specifically requests this, for which the resulting costs will be charged. 3. The customer service technician's working time is billed according to labor values. A work value corresponds to a work time of 6 minutes. The values billed per order include 2 work values for work preparation. External services are proven separately. The travel costs are staggered according to distance zones. They include travel time costs and vehicle costs. The actual travel costs depend on the very different distances in the order sequence. 3. 1. Items to be repaired are to be delivered to and picked up from us at the risk and expense of the customer. 3. 2. Wage and travel costs are borne by the customer, unless they arose on the occasion of the fulfillment of the customer's warranty claims. 3. 3. Visiting appointments given to the client are - even if a time should be given - planned appointments and are therefore non-binding. This arises from the special features of the external repair business, in particular the need to carry out several repairs on one trip, if possible, as well as the difficulties of predicting repair times and the risks of today's traffic density. VII: Notification of Defects - Warranty 1. The customer must check the repaired device immediately upon receipt. Obvious defects in the repair must be reported to us by the customer within 6 working days from the date of receipt, otherwise our liability for defects shall expire. 2. The guarantee is only given for the repair work actually carried out and the material used. 3. If the defect complained about within the warranty period can be traced back to a different technical cause than the defect corrected during the original repair, there is no entitlement to the warranty. VIII. Storage, utilization of the repair item 1. The client must collect the repair item within 4 weeks of being requested to do so. If this does not happen, we can charge a reasonable storage fee. 2. If the item to be repaired is not picked up at the latest 3 months after a written request with reference to the possible use of the item to be repaired, we are no longer obliged to keep it. After the deadline has expired, the client declares that he agrees that the repair item may be used by us. IX. Liability 1. We are only liable for breaches of contractual or pre-contractual obligations if we, our legal representatives or vicarious agents are guilty of willful intent or gross negligence. This also applies to claims for damages resulting from unlawful acts. 2. This does not affect any claims by the customer insofar as they are based on our default in performance, the impossibility of performance for which we are responsible or the lack of a guaranteed property. X. Place of jurisdiction The place of jurisdiction for all disputes is our company headquarters for the following cases: a) the customer does not have a general place of jurisdiction in Germany, b) the customer moves his place of residence or usual place of residence out of the scope of the civil procedure code or his place of residence or place of residence is at the time the action is brought not known. If the customer is a registered trader, our registered office is agreed as the place of jurisdiction. The ineffectiveness of one or more of the above provisions does not affect the validity of the rest. 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