Terms and conditions for business relations with private individuals
Your provider and contract partner
These General Terms and Conditions (GTC) apply to orders placed by the customer in the online shop of
Eagle Cabele GmbH
Undermats 12 - 14
79282 Ballrechten-Dottingen ("Eagle Cable", we" or us")
E-mail: service[at]eagle-cable.de
registered in the Commercial Register of the District Court of Freiburg i.Br.Registration number HRA 310490, represented by Dieter Amann and Günter Braun, VAT identification number: 205754816 , with which selected products from our range are purchased ("Purchase"). The contracts concluded via our online shop are exclusively based on the following GTC.
At Eagle Cable we also seek customer-oriented solutions in legal matters and strive to reach an agreement with our customers at all times. Use our service contact at service[at]eagle-cable.de or call us:
Calls from Germany: 07634 5610-16
Calls from abroad 0049 7638 5610-16
Our hotline is available from Monday to Thursday from 08:00 to 17:00 and on Friday from 08:00 to 12:00.
Conclusion of contract
For the products shown in our online shop The products are not a legally binding offer, but only for a non-binding online catalogue, the customer can select the products shown there and use a Put the corresponding button in the shopping cart without obligation." binding order, that is an offer to conclude a contract The customer submits the products in the shopping cart by Click on the "Order for Payment" button. Detect input errors by immediately before placing the order the entered data is displayed again.Possibly Detected input errors can be corrected by the customer goes back to the respective input mask and there the After the customer has placed an order, confirm we the access with us by e-mail in an automatic In this e-mail or in a separate other By e-mail, but at the latest upon delivery of the products, the Contract text (consisting of order, terms and conditions and order confirmation) to the Customers of us on a durable data carrier (e-mail or paper print) sent (contract confirmation).
We take the customer’s offer within five days by sending a declaration of acceptance in a separate e-mail or, where applicable, the payment transaction by our service provider or the selected payment service provider (see 6 below) When the payment transaction is made, it depends on from the payment method selected by the customer, we store the text of the contract after conclusion of the contract, but it is not more accessible via our website The contract is concluded in German language
Delivery, availability of goods
2.1 Delivery times specified by us are calculated from the time our contract confirmation, prior payment of the purchase price provided that the respective goods in our online shop no or no different delivery time is stated, it is 1-5 Working days
2.2 There are the following delivery restrictions: We only deliver to customers who have their usual residence (billing address) in Germany or Austria.
Reservation of withdrawal
We are entitled to withdraw from the contract if a customer The article should not only be temporarily unavailable, because we by our supplier without our fault despite contractual obligation not be supplied
In this case, we will immediately inform the customer of the withdrawal and inform his reasons and any services already provided immediately refund.
Reservation of title
Until full payment, the goods delivered remain the property of Eagle cable.
5. Prices and shipping costs
5.1 All prices indicated in our online shop
including the applicable statutory
Sales tax
5.2 The goods are shipped exclusively via a company commissioned by Eagle Cable (freight forwarding, parcel service, usually DPD or DHL).
The corresponding shipping costs can
here
are called up and will be sent to the customer in the
The order form is to be paid by the customer, provided that
The customer does not exercise his right of
We deliver goods of 20 EUR to the customer free of shipping.
When dispatched to consumers within the meaning of point 9.1.2 below
and 9.2.2 we bear the shipping risk, in case of a
To bear the direct costs of returning the goods.
6 Payment conditions
We allow payments via PayPal Checkout, Stripe and Klarna.
6.1 Paypal Checkout
If you choose PayPal checkout, the payment will be Payment processing via the provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), where you the following different payment options available at PayPal Further information on payment via PayPal Checkout you will receive for the respective payment option and in the order process
6.1.1 PayPal
If you use PayPal (not credit card, purchase on account or Payment in instalments) you must be registered with PayPal or register first, legitimize with your access data and the Confirm payment order to us.The payment transaction will be made by PayPal immediately after placing the order
6.1.2 Credit card via PayPal
If you pay by credit card via PayPal, PayPal will charge your credit card after shipment of the goods.
6.1.3 Purchase on account via PayPal ("Pay later")
When purchasing on account via PayPal, an address and Credit check via PayPal and payment must be made after invoicing within 30 days to the partner of PayPal, the company Ratepay GmbH.
6.1.4 Apple Pay via PayPal
Apple Pay is a payment method offered by Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA is offered and a simple, safe and offers a confidential payment option.To use Apple Pay to , you need a compatible device and one with Apple Pay linked credit card or other payment method that Apple Pay is supported.Payment is made by confirmation via Face ID, Touch ID or entering your device code The payment transaction is carried out immediately after placing the order.
6.1.5 Google Pay via PayPal
Google Pay is a payment method that is used by Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland To Google Pay , you must be registered with Google to use the function Have activated Google Pay, legitimise with your login data and Confirm the payment order, the payment transaction will immediately after placing the order.
6.2 Stripe
If you choose to pay via Stripe, payment processing will be done through the provider Stripe Payments Europe, Ltd., headquartered in The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland, where you can the following different payment options available at Stripe Further information on payment via Stripe can be obtained from the respective payment option and in the ordering process.
6.2.1 EPS
When you select the "EPS" option at Stripe, you will be support this service, to complete your order on the Your bank’s website, where you can Enter your online banking access data and then solve it directly in the protected dialogue of online banking the payment out.
6.3 Klarna
When selecting the payment method "Klarna", payments are made via the Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter Klarna") according to the payment methods selected by Klarna The use of Klarna sets a registration and a positive address and credit check.
6.3.1 Klarna Pay now
With the immediate transfer, the customer’s account is debited immediately after placing the order
6.3.2 Klarna Pay later
The payment term is 30 days from the date of dispatch of the products.It applies in addition to our GTC also the terms of Klarna for Klarna account. For payments from Germany, the ones under www.klarna.com/de/agb/ for those from Austria apply the ones under www.klarna.com/at/agb/ conditions.
7 7. Defects, warranty, guarantee
7.1 We are liable to customers with a branch office in Germany for Material defects of the purchased item according to the applicable legal Regulations, in particular pursuant to §§ 434 et seq.BGB).
7.2 For customers with a branch office in Austria, the following apply legal provisions on the warranty pursuant to §§ 922 ff ABGB.
7.3 An additional guarantee is given for the products supplied by us Goods only if this is explicitly stated for the respective article was
8.8. Liability, exclusion of liability
8.1 To customers from Germany
8.1.1 The customer’s claim for damages is excluded. This does not include claims for damages by the customer from Injury to life, body, health or from the Breach of essential contractual obligations (cardinal duties) and Liability for other damages caused by an intentional or gross Negligent breach of duty by Eagle Cable, its legal Representatives or agents are based on the following are those whose performance to achieve the objective of the contract necessary.
8.1.2 In the event of a breach of material contractual obligations, Eagle Cable shall only be liable for foreseeable damages typical to the contract if this was caused by simple negligence, unless it is to the customer’s claims for damages arising from a violation of life, of the body or health.
8.1.3 The limitations of the above points 8.1.1 and 8.1.2 also apply to the benefit of legal representatives and vicarious agents by Eagle Cable, if claims are made directly against them be.
8.1.4 The following points 8.1.1 and 8.1.2 resulting limitations of liability shall not apply if Eagle Cable Defect maliciously concealed or warranty for the condition the case, and the same applies to the extent that Eagle Cable and Customer has made an agreement on the nature of the item The provisions of the Product Liability Act remain unaffected.
8.2 To customers from Austria
We are liable to customers from Austria (Austrian Consumers as per 1 KSchG) only for intent and gross negligence, not but - except personal injury - in cases easier Negligence
9 Right of withdrawal | Right of withdrawal
9.1 Right of withdrawal for customers from Germany
9.1.1 Consumers have the right to a right of withdrawal, on which we according to the statutory model inform below
9.1.2 According to German law, a consumer is any natural person, which enters into a legal transaction for purposes that are predominantly neither their commercial or independent professional activity can be attributed (§ 13 BGB).
9.1.3 The exceptions to the right of withdrawal are set out in clause 9.4, and a model revocation form is provided in clause 9.5.
9.2 Right of withdrawal for customers from Austria
9.2.1 Consumers is entitled to Distance contracts a right of withdrawal/ right of revocation within the meaning of FAGG, about which we inform as follows
9.2.2 Consumer is a person who enters into a legal transaction which is not part of the operation of his company (§ 1 KSchG).
9.2.3 The exception to the right of withdrawal is regulated in clause 9.4., which contains a model revocation form.
9.3 Cancellation instruction/ Notice of withdrawal:
Right of withdrawal | Right of withdrawal
You have the right to withdraw from this agreement within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day you or a third party designated by you, other than the carrier, to have taken possession of the property
To exercise your right of withdrawal, you must contact us (Eagle Cable GmbH & Co.KG, Untermatten 12- 14,79282 Ballrechten-Dottingen, telephone 07634 5610-0, E-Mail: service@eagle-cable.de) by means of a unique Statement (for example, a letter sent by post or an e-mail) about Inform you of your decision to withdraw from this contract, you may use the enclosed model withdrawal form, which not required
To comply with the withdrawal period, it is sufficient that you on the exercise of the right of withdrawal before the expiry of the withdrawal period send <
Consequences of revocation
If you cancel this contract, we will take all payments to you, which we have received from you, including the delivery costs (with Excluding the additional costs arising from your Other delivery method than the one offered by us, most favourable have chosen standard delivery), immediately and at the latest within 14 days from the date on which the notification of Your revocation of this contract has been received by us.For this We will use the same payment method you used for the have used the original transaction, unless with you has been expressly agreed otherwise; in no case will you be charged fees for this refund.We can refund the refuse until we have received the goods back or until you have provided proof that you have returned the goods, and after what is the earlier time
You have the goods immediately and in any case within fourteen days from the day you contact us about the revocation of this To inform, return or hand over the contract to us The deadline is met if you have received the goods before the expiry of the fourteen You bear the direct costs of returning the goods to Goods, the cost is estimated at a maximum of around 150 EUR.
You only have to pay for any loss of value of the goods, if this loss of value is on a for the purpose of checking the condition, Characteristics and functioning of the goods due to them.
9.4 Exclusion of the right of withdrawal
9.4.1 The right of withdrawal does not apply to contracts for delivery of sound or video recordings or computer software in a sealed Package, if the seal has been removed after delivery, or if the products are covered by customer-specific requests were made, see§ 312g Paragraph 2 No 1 Federal Law
9.5 To the cancellation form
9.5.1 We inform you about the withdrawal form the German and Austrian legal regulations as well as In 9.5.2 below, it is not required that Use the patterns below and you can also use them in other ways by means of a clear declaration (for example, one sent by post letter, fax or e-mail) the contract or our under Use the following link form: Download Revocation Form
9.5.2 Sample withdrawal form
If you wish to cancel the contract, please fill in this form and return it.
- To: Eagle Cable GmbH & Co.KG, Undermats 12- 14,79282 Ballrechten-Dottingen, phone 07634 5610-0, E-Mail: service@eagle-cable.de
- Hereby revoke (I/we) the (*) of me/us (*) concluded contract for the purchase of the following goods (*) /the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for paper communication)
- Date
(*) Delete if applicable.
10th consumer arbitration
To participate in a dispute resolution procedure before a Consumer arbitration board we are not obliged and ready.
11 Applicable law, jurisdiction, Salvatory clause
11.1 On contracts between us and the customer will be the right of Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal provisions limiting the choice of law and Applicability of mandatory rules, in particular of the state where the The customer as a consumer has his habitual residence, remain untouched
11.2 If the customer is a merchant, a legal Person governed by public law or a public Special assets, is the place of jurisdiction for all disputes arising from Contractual relations between the customer and the provider of the Providers
11.3 The contract remains even in case of legal ineffectiveness of individual Points binding in its other parts.Instead of the invalid Points shall, where applicable, be the statutory provisions this would constitute an unreasonable hardship for a Party, the contract as a whole shall be void.
11.4 The EU Commission has an internet platform to Online dispute resolution platform serves as a Contact point for out-of-court dispute resolution regarding contractual obligations arising from online sales contracts More information is available at the following link: ec.europa.eu/consumers/odr. To participate in a dispute settlement procedure before a Consumer arbitration board we are neither willing nor obliged.
1. Geltung
Our deliveries, services, offers, order confirmations are made exclusively on the basis of these Terms and The Customer’s terms and conditions are not accepted.
Conclusion of contract
2.1 Eagle Cable is entitled to submit its own offers until the
To revoke the declaration of acceptance by the customer without giving reasons
(Offers are subject to change).
2.2 The customer is bound to offers from Eagle Cable for two weeks
3 Delivery time, default of the debtor
3.1 The delivery time is subject to clarification of technical questions,
the timely receipt of all documents to be delivered by the Customer
such as drawings, plans, approvals, specifications and other,
Cooperation actions to be provided to the customer.Delays due
Eagle Cable is not responsible for the customer’s sphere.
3.2 In the event of non-culpable operational disruptions, such as a
uncaused industrial action or in case of uncaused delays in
the delivery time is extended by the duration of the
Delay, if the delay lasts more than eight weeks, are
both parties have the right to withdraw from the contract.
3.3 In case of default, the liability of Eagle Cable for a
Damage caused by the purchaser’s default at 0.5% of the gross price for each
Complete week of default, but overall to a maximum of 5% of the
Gross price for the affected part of the delivery limited.
3.4 The customer is obliged to in case of delivery delays, which arise from
Sphere from Eagle Cable, at the request of Eagle cable inside
to declare within a reasonable period whether he will withdraw from the contract or
on the delivery.
4 Delivery, transfer of risk, delay in acceptance, packaging
4.1 Partial deliveries are permitted, as far as they are reasonable to the customer.
4.2 Deliveries are ex works (EXW) Ballrechten-Dottingen (Incoterms 2000), the place of performance is Ballrechten-Dottingen.
4.3 In the case of a return of goods under the goodwill clause, Eagle Cable will charge for
the costs of taking back and processing goods taken back at a flat rate
10% of the gross invoice value plus VAT.
4.4 In the event of a delay in acceptance, Eagle Cable shall be entitled to
beginning month a storage allowance of 0.5% of the gross price
of the goods concerned.The proof of higher or
lower storage costs is reserved for the parties.This arrangement
applies mutatis mutandis in the event that the goods are collected for reasons
that originate from the sphere of the customer, Eagle Cable is
entitled to claim further damages for default.
4.5 The customer shall dispose of transport packaging and other packaging at its own expense.
.
5. Preise
5.1 All prices are ex works and include
VAT, shipping costs and any minor surcharge.
A minor quantity surcharge is applied for net goods values up to
100,00 collected The shipping costs are omitted when sending goods
within Germany from a net goods value of EUR 160.00.
The insurance of the transport of the goods must be provided by the customer.
5.2 The prices quoted in the brochures of Eagle Cable are non-binding price figures excluding VAT.
5.3 Eagle Cable’s prices are subject to change and are based on the
Payroll, material and overheads at the time of ordering
these costs have been demonstrated within six weeks between
Conclusion of the contract and delivery, Eagle Cable is to a corresponding
Price increase is entitled, unless Eagle Cable is located in
The delay in delivery or the increase of costs was at the time of contract
predictable.
6. Zahlung
6.1 All invoices are to be paid within 30 days from the date of invoice without deduction.
6.2 The customer is in default of payment for a total amount of EUR
200.00 or more, Eagle Cable is entitled to grant all
Revoke payment terms and all receivables immediately due to
put.
6.3 The Purchaser is not entitled to withhold payments or
offset against counterclaims, if these are not legally binding
have been identified or approved by Eagle Cable.
.
7th Reservation of Ownership
7.1 The delivered goods remain the property of Eagle Cable until all
Claims of Eagle Cable from the business relationship with the customer
are fulfilled.The customer is authorized to use the goods in the ordinary
to sell or process, combine or
to be built in (goods subject to retention of title), but not pledged; or
In case of deterioration of the
The financial circumstances of the customer entitle Eagle Cable to
To prohibit sale/processing or installation/mixing.
7.2 The sale is only permitted on condition that the
The purchaser (reseller) makes the reservation that the ownership of
does not transfer its customer until the latter has fulfilled its payment obligations
Fully satisfied with respect to Eagle Cable in regard to the reserved goods
has (simple retention of title).The customer already now gives to Eagle Cable all claims from resale or installation
up to the amount of our claim from the respective delivery.
7.3 For the collection of assigned receivables, the customer shall
The authority to collect also expires if
the customer is in default of payment to Eagle Cable.In
in these cases Eagle Cable is entitled to grant the Customers
and collect the claims themselves.For the
Enforcement of the assigned claims must be made by the customer in case
the expiry of the authorisation to collect the necessary information
and allow the verification of such information, in particular
he shall, on request, have a precise list of the
Receivables with name and address of the buyers, reason and amount of
To hand over individual claims, payment dates etc., and
Checking access to its premises and inspection
to allow into the books.
7.4 If the reserved goods are converted into a new item by the customer
is connected, mixed or processed for Eagle Cable,
without being obliged by this; Through the connection,
The customer does not acquire ownership of the mixture or processing
pursuant to §§ 946 ff BGB on the new item.In case of
Processing with non-Aeagle Cable related items, Eagle Cable acquires co-ownership of the new item according to the ratio of the invoice value
our reserved goods at the total value of the new thing.
7.5 The customer undertakes to provide Eagle Cable with
Cessation of payments, a significant deterioration in its
Immediate notification of financial circumstances and of seizures
The pledging creditors are to be given by name and address
The customer bears all costs, which are to be
the access of garnishment creditors and to a recovery of
Goods must be used.
7.6 In the event that the customer is in default of payment, his
Ceases payments or a material deterioration of its
Financial relationships arise, in particular if the opening of
Insolvency proceedings are filed over his assets, Eagle Cable is
entitled to request the reserved goods
Surrender demands is a withdrawal from the contract.The setting of a
The period of performance is not necessary in these cases.The assertion of
Compensation for damages is also reserved in case of withdrawal
8 Warranty
8.1 Warranty claims do not exist for only minor defects.
8.2 The customer must immediately examine the delivered goods
and obvious defects, incorrect deliveries and shortages immediately,
at the latest within 14 days after transfer of risk.
Undetectable defects are also immediately after discovery,
at the latest seven days after discovery of the complaint
shall apply in the same way to any direct deliveries to
The customer has appointed third parties; in such cases, the customer shall also
to make a timely complaint.
8.3 In the case of warranty, Eagle cable is entitled to
and shall be obliged to provide free of charge within a reasonable period up to
to repair or deliver again (supplementary performance), if the
The defect occurs within the limitation period (Section 8.4), according to
Recognition is immediately reported and the cause of the defect already in
the date of transfer of risk to the purchaser or one of its
certain third parties.If the subsequent performance fails, the
The customer shall be entitled to compensation for damages in accordance with
Withdraw from the contract or reduce remuneration.
8.4 Claims for defects shall be time-barred in one year, but this shall not apply if the
Act pursuant to § 479, paragraph 1 BGB (right of recourse) longer periods
and in cases of injury to life, body or
of health, in the event of an intentional or grossly negligent
Breach of duty by Eagle Cable or its agents; and
in case of fraudulent concealment of a defect, and the shortening applies
the statutory warranty period, if the defect
of products, provided that they are used in accordance with their usual
for a construction, the defect of the
caused by the construction of a building (§ 438 Paragraph 1 No 2 b) BGB).
legal regulations on the suspension, suspension and restart of
Deadlines remain unaffected.
8.5 Claims of the customer for the purpose of subsequent performance
necessary expenses, in particular transport, road and
labour costs are excluded if the expenses increase,
because the goods are shipped to a place other than the Customer’s establishment
has been passed.
8.6 Claims for recourse by the customer are only available against Eagle Cable pursuant to § 478 BGB in so far as the customer and his customers do not
agreements exceeding the statutory warranty claims
For the scope of the claim of the customer
shall otherwise apply paragraph 8.4 accordingly.
8.7 For claims for damages, Clause 9 applies.
No 9 regulated claims shall be available to the customer
Warranty claims to.
8.8 If a defect notification of the customer is culpably wrongful, Eagle Cable is entitled to the expenses incurred by him and
to claim other damages.
9 Compensation for damages
9.1 Claims for damages and expenses of the Purchaser
(Claims for damages), regardless of the legal basis, in particular
for breach of obligations arising from the obligation and
Unlawful acts are excluded.
9.2 The disclaimer in accordance with clause 9.1 shall not apply if Eagle Cable
mandatory liability, for example under the Product Liability Act, in cases of
Intent, gross negligence, for the violation of life, the
Body or health and for the violation of essential
Contractual obligations are material, insofar as their
Fulfilment of the proper execution of the contract in the first place
and the customer regularly trust their compliance
may In the event of a breach of essential contractual obligations, Eagle Cable shall be liable to the extent of foreseeable damage typical for the contract unless
there is intent or gross negligence, a violation of life,
of the body or health.A change in the burden of proof to
The customer’s disadvantage is not connected with these regulations.
9.3 Claims for damages due to defects in the material (Section 8) are subject to limitation according to
Section 8.4 10 Place of jurisdiction, applicable law 10.1 Place of jurisdiction for
All disputes arising from the contractual relationship shall be settled at the
Eagle Cable GmbH & Co.KG 10.2 The contractual relationship is subject to the
German law.The application of the United Nations Convention on
Nations on International Commodity Purchase Agreements (CISG) is
excluded.
Place of jurisdiction, applicable law
10.1 The place of jurisdiction for all disputes arising from the contractual relationship is the registered office of Eagle Cable GmbH & Co.
10.2 The contractual relationship is subject to German law
Implementation of the United Nations Convention on Treaties
International Sale of Goods (CISG) is excluded.