General

Terms and Conditions

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Our Terms and Conditions

1. Applicability to Businesses and Definitions‍

(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) The sale of our products is governed exclusively by the following General Terms and Conditions, even if we have not objected to the consumer’s deviating terms and conditions of purchase in individual cases. Upon acceptance of our products, these Terms and Conditions shall be deemed to have been accepted by the consumer without reservation—even in the event of a prior objection by the consumer. Any deviations require our express written consent to be valid. Our Terms and Conditions also apply to all future transactions with the purchaser.
(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity (Section 13 of the German Civil Code (BGB)).

2. Formation of a Contract

(1) Upon receipt of an order in our online store, via the Order Entry system, or by email, the consumer submits a binding offer to enter into a contract.
(2) The prices listed include the statutory value-added tax and other price components. Any shipping costs are added to this.
(3) Our offers are subject to change without notice. We reserve the right to increase our prices reasonably if cost increases occur after the contract is concluded. We will provide evidence of these to the customer upon request. Price and delivery information provided verbally by employees is always non-binding.

3. Delivery

Unless we have clearly stated otherwise in the product description, all items we offer are ready for immediate shipment. Delivery will take place within 5 business days at the latest. The delivery period begins on the day after the payment order is sent to the bank handling the transfer for payments made in advance, and on the day after the contract is concluded for all other payment methods. If the end of the delivery period falls on a Saturday, Sunday, or public holiday at the delivery location, the period ends on the next business day.

4. Retention of Title

‍Delivered
goods (goods subject to retention of title) remain our property until full payment of the purchase price and all existing and future claims arising from our business relationship with the customer, including our current account receivables and all balance claims from current accounts

5. Warranty


(1) Insofar as this constitutes a commercial sale within the meaning of the German Commercial Code (HGB), the buyer is obligated to inspect the delivered goods immediately for quantity and quality and to raise any complaints without delay (Section 377 HGB). If the purchased goods are defective due to causes for which we are responsible, we are entitled, at our discretion, to repair the goods or provide a replacement. If we are unwilling or unable to repair or replace the goods, or if the repair or replacement fails, the buyer is entitled, at their discretion, to rescind the contract or demand a corresponding reduction in the purchase price (price reduction).
(2) The right to subsequent performance is not granted for minor defects. Unless otherwise specified below, any further claims by the customer—regardless of their legal basis—are excluded
(3) For our standard goods, a warranty period of 24 months applies from the date of handover to the carrier. Warranty claims are handled as a “bring-in” service, whereby the customer ships the goods to us at their own expense. Once the repair or replacement has been completed, the goods will be returned to the customer.

6. Right of Withdrawal for Consumers

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.

7. Liability

(1) ANKER for damages resulting from a breach of contractual or non-contractual obligations only in cases of willful misconduct or gross negligence.
(2) ANKER shall be liable for willful misconduct or gross negligence on the part of non-executive vicarious agents ANKER if such agents breach a material contractual obligation.
(3) Unless the breach involves obligations essential to the contract, ANKER shall ANKER be liable in cases of simple negligence on the part of its officers, legal representatives, employees, or other agents. Obligations are considered essential to the contract if they are necessary for the proper performance of the contract and if the contracting party regularly relies on and is entitled to rely on their fulfillment. In cases of culpable breach of essential contractual obligations, liability is limited to foreseeable damages typical for this type of contract.
(4) The foregoing limitations of liability do not apply to ANKER liability ANKER intentional conduct, for guaranteed characteristics, for injury to life, limb, or health, or under the Product Liability Act.
(5) ANKER not ANKER for direct or indirect damages, nor for the fulfillment of these Terms and Conditions, to the extent that the consequences result from actions that ANKER is obligated or required to take ANKER compliance with statutory or regulatory requirements, the express provisions of this contract, or applicable rules and regulations, or as a result of force majeure or the User’s breach of these Terms and Conditions.
(6) ANKER not ANKER for indirect or consequential damages, including lost profits or damage to reputation.
(7) None of the provisions contained in these Terms and Conditions shall constitute a limitation of statutory liability.

8. Data Protection

‍The
parties undertake to comply with applicable data protection laws, including the Federal Data Protection Act and the EU General Data Protection Regulation (EU Regulation 2016/679), when processing the other party’s personal data.

9. Individual Agreements

Individual agreements shall take precedence over these General Terms and Conditions, provided they are in writing.

10. Place of Performance

The place of performance and venue for legal proceedings shall be Bielefeld, to the extent permitted by law. German law shall apply exclusively. The CISG (UN Convention on Contracts for the International Sale of Goods, Convention of April 11, 1980) is excluded.

11. Miscellaneous

Should any provision of this contract be or become invalid for any reason, whether present or arising in the future, such partial invalidity shall not result in the invalidity of the entire contract.In such a case, the invalid provision shall be replaced by a legally valid provision that most closely approximates the economic intent and purpose of the invalid provision.

Terms and Conditions as of January 2023