General

Terms and conditions

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Our AGB's

1. Applicability to entrepreneurs and definitions of terms

(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 following terms and conditions apply exclusively to the sale of our products, even if we have not objected to deviating purchasing conditions of the consumer in individual cases. Upon acceptance of our products, these terms and conditions are deemed to have been accepted without reservation by the consumer – even in the event of prior objection. Deviations require our express written consent to be effective. Our terms and conditions also apply to all future transactions with the purchaser.
(3) A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (Section 13 of the German Civil Code).

2. Conclusion of a contract

(
1) By placing an order in our online shop, Orders Entry or by email, the consumer submits a binding contractual offer.
(2) The prices quoted include statutory VAT and other price components. Any shipping costs are added.
(3) Our offers are subject to change without notice. We reserve the right to increase our prices appropriately if cost increases occur after the conclusion of the contract. We will provide evidence of these increases to the customer upon request. Price and delivery information provided verbally by our employees is always non-binding.

3. Delivery

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

4. Retention of title

Delivered
goods (reserved goods) 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 claims and all balance claims from current accounts.

5. Warranty


(1) Insofar as this is a commercial sale within the meaning of the German Commercial Code (HGB), the purchaser is obligated to immediately inspect the delivered goods for quantity and quality and to raise any complaints immediately (Section 377 HGB). If the purchased item is defective for which we are responsible, we are entitled, at our discretion, to repair or replace the goods. If we are unwilling or unable to repair or replace the goods, or if repair or replacement fails, the purchaser is entitled, at his discretion, to demand withdrawal from the contract or a corresponding reduction in the purchase price (abatement).
(2) The right to subsequent performance shall not be granted for minor defects. Unless otherwise stated below, any further claims by the Purchaser – regardless of the legal grounds – shall be excluded.
(3) Our standard goods are subject to a warranty period of 24 months from the date of delivery to the carrier. Warranty claims are processed as a bring-in service, whereby the customer sends the goods to us at their own expense. After repair or replacement, the goods are 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 shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

7. Liability

(1) ANKER is liable for damages due to breach of contractual or non-contractual obligations only in the event of intent or gross negligence.
(2) For intent and gross negligence of non-managerial vicarious agents, ANKER only if it breaches an essential contractual obligation.
(3) Unless it is a breach of essential contractual obligations, ANKER not in cases of simple negligence on the part of its executive bodies, legal representatives, employees, or other vicarious agents. Material contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely and rely. In cases of culpable breach of material contractual obligations, liability is limited to the foreseeable damage typical for the contract.
(4) The above limitations of liability do not apply to the liability of ANKER due to intentional conduct, for guaranteed characteristics, due to injury to life, body or health or under the Product Liability Act.
(5) ANKER is not liable for direct and indirect damages, as well as the fulfillment of these terms and conditions, if the consequences are based on actions to which ANKER as a result of compliance with legal or regulatory requirements, express provisions of this Agreement or the Rules, as well as as a result of force majeure circumstances, the User's breach of these Terms and Conditions.
(6) ANKER is not liable for indirect or consequential damages, including loss of profits or damage to reputation.
(7) None of the provisions contained in these Terms and Conditions constitutes 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 personal data of the other party.

9. Individual agreements

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

10. Place of performance

The place of performance and jurisdiction is Bielefeld, to the extent permissible. German law applies exclusively. The CISG (UN Convention on Contracts for the International Sale of Goods of April 11, 1980) is excluded.

11. Miscellaneous

Should any provision of this agreement be or become invalid for any current or future reasons, this partial invalidity shall not result in the invalidity of the entire agreement. In such a case, the invalid provision shall be replaced by a legally valid provision that comes closest to the economic meaning and purpose of the invalid provision.

Status of the General Terms and Conditions January 2023