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General Terms of Business

Consumer Right to Cancel an Order

  1. According to the statutory right to revoke an order every consumer residing in Germany must bear the cost of returning delivered goods, when the delivered goods comply with the order and the price of the goods to be returned does not exceed 40 euros or if, in the event of the price of the goods being higher at the time of cancellation, the consumer has not yet paid for the goods or made a deposit in accordance with the contractual agreement.
  2. Orders made by those residing in any other country in the EU are obligated to bear the cost of returning delivered goods when the delivered goods comply with the order, unless mandatory laws of the country where the consumer resides rules this out or restricts the consumer’s cost-bearing obligation to certain conditions or to a certain amount. We cannot reimburse costs for goods ordered and delivered to any country outside of the European Union.
  3. The following contains legally required instructions about the preconditions and results of the Consumer Right to Revoke an Order:

Instructions for the Consumer on How to Revoke an Order©

The Right to Cancel an Order

If you have ordered goods for private use you are entitled to withdraw your declaration of intent to buy the product if you have cancelled within the specified period.

Exercising Your Right of Cancellation

The cancellation declaration does not have to state a reason but must be submitted within two weeks in writing (for example, letter, fax, or E-mail) or by returning the goods within two weeks to the company in question; the postmarked date on the cancellation or returned goods within the two week period is sufficient to comply with this term. Send the cancellation to:

Eisenmann GmbH
Saarstraße 45
71282 Hemmingen
Fax: +49 0 71 50/ 95 74 120
E-mail address: kontakt@eisenmann-technik.de

Available Period to Exercise Cancellation Rights

The time period available to exercise the right to cancel an order depends on many preconditions. The company must supply instructions prior to the consumer placing an order to buy an electronic device over the Internet, to help the consumer identify entry errors and provide assistance to alleviate these errors. The company must also offer essential information about the contract the consumer is about to enter into, about what the contract entails and enable the consumer to store a copy of the contract. The company must also provide essential information pertaining to the offer and the contract in text form (for instance letter, fax, or E-mail) to be able to set the term period in motion. The cancel right term period does in no way begin before the consumer has received the right to cancel instructions/regulations in written form. For delivered goods the term does not begin before the day the goods have been received by the consumer. Calculation of when the term period begins: The term period begins on the first full day after the last requirement has been fulfilled. Should this term be disputed, then the burden of proof rests with the supplying company.

Consequence of Cancellation

In the case of a valid cancellation, both parties must return all good(s) and payments received and any possible benefits derived (e.g. interest) returned. Goods able to be shipped by parcel post are to be returned to us at our expense and risk. We will pick up any goods not able to be shipped by parcel post at our expense and risk. Any claims of compensation for damaged goods must be made within 30 days after submitting a declaration of cancellation. You must however bear the cost of returning the delivered goods, when the delivered goods comply with the order and the price of the goods to be returned does not exceed 40 euros or if, in the event of the price of the goods being higher at the time of cancellation, you have not yet paid for the goods or made a deposit in accordance with the contractual agreement. Otherwise the return shipment is free of charge.

How to Avoid Any Deterioration of Value Compensation Obligation

Should you not be able to return the received merchandise or service in whole or in part in the condition you received it, we are entitled to demand compensation for the deterioration of value. A precondition for being able to claim compensation for the deterioration of value caused by using the goods is our provision of regulations concerning potential liability and the possibility of avoiding the same in writing (for example by letter, E-mail or fax) upon conclusion of the contract. An obligation to compensate the deterioration of value is also avoidable when the devaluation of the goods was caused exclusively during an inspection of the goods – e.g. in a manner that would be customary in any retail store. In other respects you may avoid the compensation obligation by not taking the goods into use as an owner and refraining from doing anything that might diminish its value.

Rejection of Cancellation Rights

We reserve the right to invoke lawful statutory cancellation right exceptions (§ 312d Abs. 4 BGB) in the case of the following regulations: The right of cancellation does not apply to distance contracts for the supply of goods manufactured according to customer specifications or clearly custom adapted to personal requirements. The same applies for goods that due to their properties or workmanship may not be returned.

End of Cancellation Right Regulations


1. Scope of Agreement

We deliver exclusively according to the following General Terms of Business, which form the base of all contracts entered into with us over our webshop at www.eisenmann-technik.de. The customer’s Terms of Business contrary to or deviating from the following provisions of our own General Terms of Business shall not apply. The following Terms of Business also apply if we implicitly proceed, fully aware of the customer’s contrary or terms and conditions deviating from the following Terms of Business.

2. Storage and Inspection of Contract Contents

  1. You may inspect these General Terms of Business containing general contact provisions on our online shop. You may also print or store this document over your browser functions (= Browser: usually "File" -> "Save as"). You may also download this document in PDF format and archive it by clicking here. To open the PDF file you must have the free Adobe Reader program (available over www.adobe.com) or a similar progam for viewing PDF formats.
  2. You may also archive the data of your order by either downloading the General Terms of Business and store the data of your purchase process on the last page via your browser. You may also wait for the separate automatic order confirmation E-mail after your order has been completed that we send to the address you submitted. This order confirmation E-mail contains your order data and these General Terms of Business that may conveniently printed out or saved with your E-mail program.
  3. We will store your order data; however these are for security reasons not directly accessible by you.

3. Contractual Partner, Language and Conclusion of Contract

  1. Your contractual partner is Eisenmann GmbH. Contracts made over our online shop are only available in the German language.
  2. Our offers are without obligation and are subject to confirmation. We reserve the right to make changes in the design and/or owing to technical improvements arrived at before the contract has been entered into.
  3. A contract shall only become effectively binding when the goods have been delivered and/or through an acceptance declaration or by delivering the goods within 21 work days from ordering date or when an advanced payment has been made. Please note that delivery upon advanced payment will only occur when the full amount has entered our account. An electronic order placement confirmation does not represent an agreement, it only serves to inform the customer of the actual acceptance of the order and can be used for archiving purposes.
  4. Our following conditions exclusively apply for all offers, contracts, deliveries, services and modes of payment. Deviations from these provisions – including but not limited to the validity of customer provisions – require explicitly our approval. Our offers are without obligation and subject to confirmation. Business transactions – made also by representatives of the Eisenmann Company – are only valid with written confirmation or – in cases when such confirmations are not sent – through delivery.
  5. Verbal confirmations or those given over a telephone call are only accepted and delivered at customer’s risk. Documentation attached to the offer, such as illustrations, drawings, weight and measurements only serve as rough approximations unless they have been explicitly referred to as binding. Cost estimates, drawings and other documents remain the property and under copyright of the supplier; they may not be disclosed to third parties. Drawings supplied by the customer for custom orders are subject of the contract only when they have explicitly been made subject of the contract in the order confirmation. Apart from that customer drawings for the execution of performances, particularly custom designs, are not legally binding. In the interest of technical developments we reserve the right to make modifications to the offer without prior notice.
  6. An additional charge of 25% labor costs for assembly will be charged for goods supplied or delivered to the customer for assembly or installation in his/her vehicle.

4. Prices and Shipping Costs

  1. Prices listed at the time of order placement are effective for orders placed over our online shop. Prices listed are end prices, in other words they include current valid statutory value-added tax and other price components plus a 22.91 euros charge for handling and shipment within Germany.
  2. For deliveries to other countries other than Germany further import costs may apply when a third country is involved (customs duties, import taxes and import turnover tax). The customer shall bear these other costs. The customer shall release us in this respect from any claims.

5. Payment for Order Shipment and Delivery

  1. We offer only the possibility of cash payment for those wishing to pick up their shipment
  2. The shipment of orders is only possible with advanced payment (over the online shop system or in writing).

Please transfer the full payment after receipt of our “Invoice/Advanced Payment” to the following bank account:

Holder: Eisenmann GmbH
Volksbank Ludwigsburg eG
Bank code 60490150
Account number 46240004

For international payment transfers:

SWIFT No. (BIG): GENODES1LBG

IBAN: DE20 6049 0150 0046 2400 04

Please indicate your name and our order reference number. The production of your merchandise will start immediately after payment has been transferred to our bank account. Production takes approximately 15 work days from receipt of payment.

6. Delivery

  1. We deliver only within the European Union. The carrier will be chosen according to our fair judgment.
  2. We make an effort to deliver ordered and purchased goods without delay within 15 work days. Deliveries will be made as soon as and so far as the ordered goods are available and in stock. Should ordered goods not be delivered within 4 months of the date they were ordered the customer has the right to withdraw from the contract after the legally specified time period has lapsed; any claim for compensation made against the supplier shall be denied.
  3. Delivery time will be fittingly extended in the case of disadvantageous strike actions and lock outs and other situations we have no influence over, especially in cases of delivery delays owing to a force majeure. The customer will be kept informed of the beginning and end of these types of hindrances.
  4. For consumers the risk of accidental loss and of accidental deterioration of purchased goods, this includes shipped goods, is passed on with merchandise transfer to the contractual partner or an authorized receiver. Whether goods were shipped insured or uninsured has no effect. For companies the risk of accidental loss and of accidental deterioration of the shipped goods that are purchased is passed on, with delivery to the forwarding agent or any other designated person or facility, to the company, this also includes partial deliveries. The shipment shall be insured by the supplier against all insurable risks at the customer’s request and expense. Should shipment be delayed due to circumstances caused by the customer, then all risk is transferred to the customer on the day of notification that the goods are ready for dispatch. However the supplier is under obligation to arrange for the insurance cover at the request and expense of the customer.
  5. Delivered goods are, even if they show obvious damage, to be received by the customer irrespective of customer rights regarding material defects. Partial deliveries are admissible. Obvious damages are to be appropriately noted on the receipt of delivery. If the packaging is damaged and damage to the goods noticed only after unpacking, then a claim on these defective articles are to be made in writing within 8 calendar days after receipt of the goods. The date of receipt of claim by the supplier is crucial. To reliably process the damage claim, the customer is to present the original invoice, the delivery receipt, data about the transferring agent and the package number. The choice of transport route and means of transport rests entirely with the supplier. The delivery period begins with the dispatch of the order confirmation. Delivery specifications shall be considered fulfilled if prior to delivery deadline the item has left our facilities or if we have informed the customer that the order is ready for shipment. The delivery period shall be appropriately extended in case of measures in the event of labor disputes, in particular strike and lock-out as well as in case of unforeseen circumstances which do not lie within the supplier’s intentions, insofar as such obstacles demonstrably have a considerable influence on the processing of delivery or the delivery item. This shall also apply if these circumstances originate with sub-suppliers. The aforementioned circumstances also do not lie within the supplier’s scope of responsibility when they occur during an already existing delay. The customer will be informed by the supplier of the beginning and end of these types of hindrances as soon as possible.

7. Reservation of Title

The supplier retains ownership of the delivery item until all payments under the delivery contract have been received. The supplier shall be entitled to insure the items of delivery against theft, breakage, fire, water and other damages, at the customer’s expense, unless the customer can provide proof that they have taken out such insurance coverage. The customer shall neither pledge the goods supplied nor offer them as collateral. The customer shall inform the supplier immediately in the event of their seizure or attachment or other disposal by a third party. If the customer violates the contract, in particular by delays in payment, the supplier shall be entitled to recover the goods and the customer is obligated to release the item following a written warning. The enforcement of the retention of title as well as the attachment of the delivery item by the supplier shall not be considered as a termination of the contract unless this is opposed by mandatory legal provisions. If the Customer is a trader who is authorized to resell the delivered goods, this trader shall assign the purchase payment from this trader’s customers to the Eisenmann Company in the amount equal to the payment obligations demanded by the Eisenmann Company from the trader, until all payment obligations have been fulfilled. The customer shall issue the Eisenmann Company an authorization for collection. The Eisenmann Company shall accept the assignment.

8. Warranty

  1. The unrestricted warranty provisions for customers who have placed an order as a consumer shall apply. We guarantee in particular that the delivered goods are free of damage at the point of transfer.

    • We are not liable for damages or defects caused by the following:
    • inappropriate or improper usage, faulty assembly and/or operation by the customer or third parties;
    • normal wear;
    • faulty or negligent handling or maintenance;
    • unsuitable operating supplies;
    • replacement parts;
    • chemical, electrochemical or electrical influences, unless they are attributable to a fault on the part of the supplier.
    • Improper modifications or repair work completed by the customer or a third party without prior approval by the supplier shall terminate liability for any consequences arising from them.

  2. Contracted consumers have the choice of whether the supplementary performance shall occur in the form of repair or a replacement. We are entitled to reject the type of chosen supplementary performance when the same is only possible at disproportionately high expense and the remaining type of supplementary performance does not represent any significant disadvantages for the consumer. For contracted companies the choice of type of supplementary performance remains at our discretion.
  3. Should the supplementary performance fail, the customer is entitled according to the law to choose between a purchase price reduction, terminating the contract (withdrawal) or making a claim for damages in lieu of a performance. Should the customer choose to make a claim for damages instead of a performance then liability limitations stated under Item “Liability” of this General Terms of Business apply.
  4. The statutory warranty period is two years for all new products delivered by us.
  5. Any other claims of the ordering party shall be excluded, particularly claims for damages for losses not incurred on the delivered goods. Returned goods will only be accepted with prior approval from the supplier.
  6. For service inquiries please feel free to contact us over the data listed above.
  7. The supplier shall be liable for delivery defects, which also include the absence of guaranteed quality features, to the exclusion as followings:

    1. Please note: The right of the ordering party to make a claim for defects shall lapse in all cases in 6 months from the date of a timely written reprimand (8 day deadline), or at the earliest on expiration of the 2 year warranty period.
    2. Damaged goods will be replaced or repaired at no expense to the customer. The decision however rests solely with the supplier. Used technical articles shall not be replaced or exchanged; they will only be repaired as the case may be.
    3. According to arrangements to be made with the supplier, the customer must provide the time and opportunity required for performing all repairs and replacements which appear necessary to the supplier’s fair judgment.
    4. The supplier shall bear all immediate costs and expenses that may arise through the repair and/or replacement including shipping, provided that the complaint was justified.
    5. The warranty period for repaired or replaced parts shall be three months but shall not expire prior to the expiry of the original warranty period for the delivered item.
    6. Improper modifications or repair work completed by the customer or a third party without prior approval by the supplier shall terminate liability for any consequences arising from them.

9. Liability for Secondary Obligations

If the customer cannot use the delivered item in the way intended by the contract due to the fault of the supplier, resulting from non implementing or incorrectly implementing suggestions or advice made before or after the contract was entered into, or from a breach of other secondary contractual obligations, especially instructions for operating and servicing the delivery item, the provisions of Item 8 apply accordingly and to the exclusion of all and any other rights of the customer. Customers outside of Germany shall take all responsibility for the approval of the item to be delivered. Liability for official approval shall not rest with the supplier.

10. Liability

We assume liability for all claims for damage compensation in the case of damage caused by willful intent or gross negligence on our part or others employed by us in the performance of obligations – in particular from action ex delicto, organizational faults, fault of the contract, or any other breaches of duty – only in a violation of contract essential obligations or claims in accordance with Articles 1 and 4 of the German Product Liability Act. The previously mentioned liability exclusion for cases involving slight or ordinary negligence does not apply for damage to life, limb and health, a failure to meet guaranteed characteristics, the fraudulent concealment of a defect as according to Article 444 of the German Civil Code. In these cases we are liable for slight or ordinary negligence of our lawful representatives or for persons employed in the performance of obligations. As far as our liability is excluded this also is valid for the personal liability of our employees, co-workers, representatives and vicarious agents. Warranty promises remain unaffected.

11. Claim for Damages

The supplier shall make a claim for damages when the TüV report made available to the customer has been copied or otherwise misused.

12. Data Privacy

  1. Please note that your order and address data will be archived. Your data will be stored and used in the interest of processing your order (also when sending your data to a shipping partner), advertising purposes and to process warranty cases. You may reject the use of your data for advertising purposes at any time by notifying us. We will put you on our blocked data list immediately.
  2. You have the right according to the German Data Protection Act to access information about your stored data free of charge and a right to have them corrected, blocked, or deleted if necessary.

13. Applicable Law, Place of Jurisdiction, Severability Clause

  1. The laws of the Federal Republic of Germany apply for legal business or other legal relations with us. The Vienna Convention on Contracts for the International Sale of Goods (CISG) and any other inter-nation convention, even after being integrated into the German legal system, shall not apply. For contracts with an objective which cannot be assigned to the customer's professional or commercial activity (contract with consumer), these laws shall only apply in as far as protection provided by mandatory provisions of the law in the country in which the consumer usually resides has not been revoked.
  2. In business transactions with merchants and legal persons under public law, the place of jurisdiction has been stipulated as our place of business for all legal disputes arising from the contract and valid subcontracts including actions on dishonored bills or cheques. We are also entitled in this case to sue customers whereever they are based.

Current version dated March, 2009
Eisenmann GmbH