GENERAL TERMS AND CONDITIONS
Sect. 1 Scope of validity, customer information
The following general terms and conditions (GTC) govern the contractual relationship of XYZ Machinery GmbH with consumers and entrepreneurs who purchase goods in our shop www.namicam.com. Conditions that oppose or differ from our terms and conditions are not accepted by us. The contract language is German.
Sect. 2 Conclusion of contract
(1) The offers on the internet represent a non-binding invitation to you to order goods.
(2) You can add one or more products into the shopping cart. In the course of ordering process you enter your data and desires concerning payment method, delivery modalities etc. Once you have entered your information and clicked the order button, you submit a binding offer to conclude a purchase contract.
(3) We are entitled to accept your offer by sending an order confirmation by e-mail within 2 working days. If the period in sentence 1 expires without acceptance, your offer is deemed to have lapsed, i.e. you are no longer bound to it.
Sect. 3 Customer information: Storage of the contractual text
Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by us. We will send the GTC to you, but you can also access the GTC at any time via our website. As a registered customer you will have access to your past orders in the customer login area: Order History and Details.
Sect. 4 Customer information: Correction note
You can amend your entries at any time before submitting the order by using the delete key. We will keep you informed throughout the checkout process of further correction options. You can terminate the order process also at any time by closing of the browser window completely.
Sect. 5 Retention of title
The purchase item remains our property until full payment is made.
Sect. 6 Statute of limitations of your warranty
(1) The warranty
The warranty complies with the statutory provisions.
(2) Shortening of the limitation period due to defects (warranty) for the sale of used goods to customers
It is agreed to reduce the limitation period for claims for defects in used goods to one year.
Excluded from this agreement are following claims: claims for damages, claims based on defects which we have fraudulently concealed, and claims arising from a guarantee which we have assumed for the quality of the goods. For these excluded claims, the statutory limitation periods shall apply. If a warranty period is applicable, the longer period shall apply in favor of the warrantee (buyer).
(3) Limitation of warranty rights due to defects (warranty) to entrepreneurs
Your warranty claims due to defects in the good sold shall become time-barred one year after the passing of risk. The following claims are excluded from this rule:
- on compensation for damages
- for maliciously concealed defects
- arising from any granted warranty
- on recourse under sections 445a, 478 Bürgerliches Gesetzbuch (BGB, Civil Code)
- due to defects in building materials and components which have been used in accordance with their normal use for a building and which have caused its defectiveness.
The statutory limitation periods shall apply to these excluded claims. If a warranty period is applicable, the longer period shall apply in favor of the buyer.
Sect. 7 Limitation of liability
We exclude liability for minor negligence in breach of duty, provided such breaches do not involve essential contractual obligations, damages caused by death, bodily injury or impaired health, guarantees or affected claims under the Produkthaftungsgesetz (ProdHaftG, Product Liability Act). The same shall apply to breaches of our assignees and our legal representatives. The essential contractual obligations include in particular the obligation to hand over the subject-matter to you and to provide you with ownership of it. Moreover, we have to provide you with the subject-matter free of material defects and damages.
Sect. 8 Commercial jurisdiction
The exclusive jurisdictional venue for all disputes arising under this contract is our registered office, if you are a merchant.
Sect. 9 Consumer information: Non-participation in a dispute settlement procedure
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration office ("Verbraucherschlichtungsstelle").
GENERAL TERMS AND CONDITIONS