General Terms and Conditions

 

ESERA GmbH  (former E-Service GmbH)
Adelindastrasse 20
D-87600 Kaufbeuren
Germany
Phone: +49 8341 99980 - 0
Email: info@esera.de
Online: https://www.esera.de
Legal form: GmbH

Managing Director
Andreas Geisler


- hereafter referred to as ESERA-Automation -

General / Validity

These General Terms and Conditions (GTC ) - based on German law - form the basis for all deliveries and services of ESERA GmbH. You can find the terms and conditions on catalogues and the ESERA GmbH website. You can also request the GTC in PDF form at any time. The customer can thus inform himself about the latest version of the GTC at any time. Conflicting terms and conditions of business or purchase of the customer are hereby expressly contradicted. Customer data is stored and used in our EDP systems in accordance with the Data Protection Act. An objection to the use of this data can be made in text form at any time.
ESERA GmbH regularly works on progress. ESERA GmbH reserves the right to make changes to the technical specifications and the range of programs at any time. Production-related tolerances and changes or, in the context of product development, changes in colour, surface structures, inscriptions or arrangement of e.g. control elements are possible or reserved. Illustrations in the catalogue or online media serve to illustrate and present the product and are not binding for the delivery item. The technical status or visual presentation of the product as offered by the supplier at the time of placing the order shall apply. Due to possibly changing factors in procurement/production, no promise is made that series consistency exists within an article and that a product can be ordered at any time in the same configuration/presentation.

Offer

All offers from ESERA GmbH on the website of www.esera.de are non-binding and subject to change. Small deviations and technical changes compared to our illustrations or descriptions are possible. The contract is concluded by completing the ordering process on the ESERA GmbH website and confirmation of the order by ESERA GmbH by e-mail or execution of the order by ESERA GmbH.


Prices and terms of payment

The prices shown on the ESERA GmbH website at the time of the order apply. All prices are final prices including the statutory value added tax. Obvious price errors reserved. Packaging and shipping costs will be charged separately. ESERA GmbH accepts all payment methods offered on the ESERA GmbH website within the ordering process. The customer chooses his preferred payment method himself. Any additional costs (e.g. cash on delivery fee) arising from the payment method will also be charged separately. Offsetting of mutual claims is only possible with the express written consent of ESERA GmbH.
Initial orders will only be executed against prepayment or cash on delivery.

 

Delivery, delivery times and shipping costs

Delivery is effected by making the goods available ex warehouse Kaufbeuren (place of performance). This applies to both main deliveries and partial deliveries. The delivery of the goods to the customer is carried out by the third party providers (delivery services) specified during the ordering process. The customer chooses his preferred method of delivery himself. The shipping costs will be announced to the customer in the shopping cart before the ordering process is initiated. Goods in stock will be dispatched within one to three working days after receipt of order. For goods not in stock the delivery time can be up to four weeks after receipt of order. ESERA GmbH is dependent on timely delivery by its own suppliers. If the delivery fails for reasons for which ESERA GmbH is not responsible, ESERA GmbH may withdraw from the contract. ESERA GmbH undertakes to inform the customer in good time. Any payments made shall be refunded immediately. In this case, the customer shall not be entitled to compensation. Partial deliveries are permissible unless the customer clearly has no interest in them or they are clearly not reasonable. In this case, the costs for transport and packaging will only be charged once.

Further claims for damages are excluded in any case, except in the case of intentional or grossly negligent breach of duty by the supplier, his representatives or vicarious agents. The supplier is expressly entitled to make partial deliveries and provide partial services.

The customer must immediately inspect the purchased goods for transport damage if they are shipped to a place other than the place of performance and must immediately report any damage to the supplier and the carrier in text form. The customer himself is responsible for keeping the reporting deadline to the carrier. Late notification almost always results in the rejection of claims for compensation. If the customer so wishes, the supplier will take over the further handling of the damage with the carrier.
If the goods are put into circulation outside the borders of the Federal Republic of Germany, the customer is obliged to adapt the goods to all legal regulations for the respective country, e.g. with regard to design, condition, documentation, labelling and intended use.


Note on the return of packaging

According to § 6 of the German Packaging Ordinance, we are obliged to take back packaging of our products that does not bear the sign of a system of comprehensive disposal (e.g. the "GrünerPunkt") and to recycle or dispose of it. Please contact us for further clarification regarding the return of such packaging. We will then inform you of a municipal collection point or a waste disposal company in your area which will take back the packaging free of charge. If this is not possible, you can send the packaging to us free of charge. We will reuse the packaging or dispose of it in accordance with the provisions of the German Packaging Ordinance.

Take-back of equipment from commercial customers

For the disposal of products in accordance with the Electrical and Electronic Equipment Act by ESERA GmbH, the trader shall bear the costs for the return to the supplier. The trader shall contribute Euro 0.50 per kilogram weight of returned goods.


Instruction on the right of exchange and return

See information on the "Right of withdrawal" page

Claims for defects

In principle, the legal regulation applies. For goods which are not new, the liability for defects is reduced to 1 year. If the customer demands delivery of a new item or withdrawal from the contract, the customer is obliged to pay a discount for the use of the defective item, without prejudice to the supplier's rights to return the defective item and compensation. ESERA GmbH reserves the right to remedy the defect in any case. Insofar as the customer does not prove lower uses or the supplier does not prove higher uses, the contracting parties shall assume a usage discount in the following amount:

For a period of use
- of more than 1 - 3 months 10 % of the sales value
- of more than 3 - 6 months 20 % of the sales value
- of more than 6 - 12 months 30 % of the sales value
- of more than 12 - 24 months 50 % of the sales value
Recognizable defects must be notified in writing immediately after delivery, hidden defects immediately after discovery. Transport damage is not a defect; as a rule, the carrier is liable for this.
However, claims for damages, in particular compensation for consequential damages, are excluded. This exclusion of liability does not apply to intentional or grossly negligent breaches of duty by the supplier, his representatives or vicarious agents, nor if the damage is due to a circumstance for which the supplier has assumed a guarantee for the quality or manufacture of the goods.
If goods are returned, the customer will be invoiced for the inspection costs incurred, unless the defect complained of is confirmed.
Repairs which are requested by the customer and for which claims for defects do not exist will be carried out against payment of the expenses incurred. At the request of the customer, a cost estimate will be provided. This is subject to remuneration, even if the repair is not carried out afterwards.


Transfer of risk (not applicable if insurance is taken out)

The delivery of the goods is at the risk of the customer. The risk is transferred to the customer when the goods are handed over to the transport company. This also applies if ESERA GmbH has assumed the transport costs. Complaints due to transport damage (e.g. damaged packaging upon receipt of the goods) must be made by the customer directly to the transport company within the time periods provided for this purpose.

Deliveries outside the Federal Republic of Germany

The legal and technical regulations valid in Germany are binding for the quality of the goods. ESERA GmbH can therefore not guarantee that the goods comply with the legal and technical regulations of the recipient country.

The recipient undertakes to put the goods into circulation only if the assembly and operating instructions have been translated into the national language, taking into account any necessary changes and additions in accordance with the respective national law. Furthermore, the goods may only be put into circulation if they comply with the specific legal and technical requirements of the respective country. The recipient must ensure that the goods are modified and adapted by him and at his expense in accordance with the technical and legal requirements of the respective country before they are put into circulation in the import country, and that the disposal in the country is carried out in accordance with the regulations.

To this end, the recipient must inform himself about national deviations as well as additional national standards and safety regulations, comply with them and inform his customers about these requirements.


Warranty

ESERA GmbH warrants that the sold goods are free of material and manufacturing defects at the time of transfer of risk and that they have the contractually guaranteed properties. The statutory warranty period of two years from the date of invoicing shall apply. The warranty does not extend to normal wear and tear or normal wear and tear. Claims of the customer for damages, e.g. due to non-fulfilment, culpa in contrahendo, violation of contractual secondary obligations, consequential damages, damages from unauthorised action and other legal grounds are excluded. ESERA GmbH shall be liable in the absence of a warranted characteristic, in case of intent or gross negligence. Claims from the product liability law are not affected by this. If defects occur for which ESERA GmbH is responsible and if the replacement delivery is also defective when the goods are exchanged, the Buyer shall be entitled to redhibitory action or reduction. ESERA GmbH assumes no liability either for the constant and uninterrupted availability of ESERA GmbH or for technical or electronic errors in the online offer.

We are constantly developing our products further and reserve the right to make changes and improvements to any of the products described in this documentation without prior notice. Should you require documents or information on older versions, please contact us by e-mail at info@esera.de.


Retention of title

All deliveries are made exclusively under extended reservation of title. Until payment of all claims of the supplier by the customer, the ownership of the delivered goods remains with the supplier. Acquisition of ownership by the customer of the goods subject to retention of title, even in the case of further processing into a new item, is excluded. The customer hereby assigns to the supplier his claims arising from the resale of the goods subject to retention of title, also in the case of further processing with other goods to form a new item. At the request of the supplier, the customer must inform the supplier of the debtors of the assigned claim and disclose the assignment to the debtors. Pledging or transfer of ownership of the reserved goods by way of security is prohibited and may have criminal law consequences.


Data Storage / Data Protection

See information on the "Data protection" page

In accordance with §28 BDSG (Federal Data Protection Act) we draw your attention to the fact that the data necessary for the business transaction will be processed and stored by means of an EDP system in accordance with § 33 BDSG. All personal data collected from the customer will be treated confidentially. Exclusively in the context of the order handling (payment, dispatch) the necessary data are used also opposite third. At any time you can receive information about the data stored about you free of charge. Please send an email to info@esera.de . For reasons of data protection, the e-mail can only be answered to the e-mail address stored with ESERA GmbH.


Legal venue

The place of jurisdiction for all disputes in connection with the delivery transaction is the place of jurisdiction of ESERA GmbH, if compatible. The registered office of ESERA GmbH is agreed as the place of jurisdiction in the event that the contractual partner has no general place of jurisdiction in Germany or the contractual partner moves his residence abroad after conclusion of the contract or the residence of the contractual partner is not known at the time of filing of action. The contractual partners agree that all legal relationships arising from this contractual relationship shall be governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention.
Legal venue: 87600 Kaufbeuren


Trademark

All designations, logos, names and trademarks (including those that are not explicitly identified) are trademarks, registered trademarks or other designations of their respective owners that are protected by copyright, trademark law or title law and are expressly recognised by us as such. The naming of these designations, logos, names and trademarks is for identification purposes only and does not represent any kind of claim by ESERA GmbH to these designations, logos, names and trademarks. Furthermore, the appearance on these WWW pages does not imply that designations, logos or names are free of industrial property rights.
The following trademarks are referred to again separately: Microsoft, MS, MS-DOS, Windows Windows WindowsNT, Windows ME, Windows XP, Vista, Windows 7, Windows Server 2003, Windows Server 2008, 1-Wire, Dallas, Maxim


Copyright notice

The texts, images and graphics used and the layout of these pages are subject to worldwide copyright. The unauthorized use, reproduction or transmission of individual contents or complete pages is prohibited. This also applies to the unauthorised integration of individual contents or complete pages on the Internet sites of other operators. The setting up of links to this homepage is however expressly permitted.


Disclaimer Links

With its judgement of 12 May 1998, the LG (Landgericht) Hamburg decided that by providing a link, one may be held responsible for the contents of the linked page. According to the LG, this can only be prevented by expressly distancing oneself from these contents.
We have placed links on our pages to pages on the Internet whose content and updating are not subject to the sphere of influence of ESERA GmbH. The following applies to all these links: ESERA GmbH has no influence on the design and contents of third party internet web sites. ESERA GmbH therefore expressly distances itself from the material of all third party internet web sites, even if ESERA GmbH web site links to these external sites.
This declaration applies to all links displayed on our homepage and to all contents of the pages to which the banners and links registered with us lead.
If you have any questions or problems, please contact us by EMail.
These will usually be answered within the shortest possible time. email: info@esera.de


Note to our kits

Our kits are not commercially used products according to the EU directives RoHS WEEE 2002/95/EG and EU RoHS WEEE 2002/96/EG, but teaching and learning aids for private further education.


Additional provision

The invalidity or ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. Void or ineffective conditions will be replaced by the legal regulations.
Status 01/2015


Infringement of property rights

If you suspect that the website www.esera violates one of your property rights, please inform us immediately by e-mail to info@esera.de, so that we can take remedial action. Please note that the more time-consuming involvement of a lawyer for the service provider to issue a warning with costs does not correspond to the real or presumed will of the service provider. We are anxious to completely fulfil all legal requirements, regulations and information duties. If you suspect that this is not the case, please inform us immediately by e-mail to info@esera.de, so that remedial action can be taken quickly. Please note that the more time-consuming involvement of a lawyer for the purpose of issuing a reminder with costs for the service provider does not correspond to the latter's real or presumed intention.


Disclaimer

The information provided on this website has been carefully checked. Nevertheless, ESERA GmbH does not guarantee that the information is complete, correct and in any case up-to-date. This also applies to links to which this website refers directly or indirectly. ESERA GmbH is not responsible for the contents of a website that is reached by such a link. ESERA GmbH reserves the right to make changes or additions to the information provided without prior notice. ESERA GmbH is not liable for direct or indirect damages, including loss of profit, which are caused by information provided on this website or linked from this website. A link to the ESERA GmbH website always requires written permission.


ODR regulation

Information on online dispute resolution

In accordance with Directive 2013/11/EU, the EU Commission is setting up an Internet platform for the online settlement of disputes ("OS platform") between businesses and consumers. The OS platform shall serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts.

If a complaint is forwarded to an AS centre via the OS platform, the procedural rules specific to this centre apply with regard to costs.
The ODR platform can be found under this link: http://ec.europa.eu/consumers/odr

If you have a complaint and would like to fill out the online form, please provide the following e-mail address: info@esera.de

 

 

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