General terms and conditions
Table of contents
- Validity
- Offer and conclusion of contract
- Prices and shipping costs
- Delivery and delivery time
- Terms of payment
- Retention of title
- Defects
- Limitation of liability
- Cancellation policy/right of withdrawal
- Exclusion of the right of withdrawal / temporary expiry of the right of withdrawal
- Voluntary right of return
- Place of jurisdiction/applicable law/language
- Consumer information on the disposal of old electrical appliances, rechargeable batteries and batteries
- Russia clause
- Final provisions
1. validity
The following General Terms and Conditions of Business apply to all business relations between the customer and Ansmann AG.
2. offer and conclusion of contract
The offers are directed exclusively to end customers with an invoice and delivery address in Germany. For individual bulky goods, the possible delivery addresses and the delivery location may be limited. The restriction is shown on the respective product detail page. The customer must be at least 18 years old.
The customer makes a binding offer when it has gone through the online ordering process by entering the information requested there and clicks on the "order subject to payment" button in the last ordering step. The purchase contract between Ansmann AG and the customer shall only come into existence through a declaration of acceptance by Ansmann AG. This shall take place on the earlier of the two dates, either sending of the goods or sending of a confirmation of dispatch by e-mail.
The confirmation of receipt of the order does not constitute a declaration of acceptance of the conclusion of the contract.
The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase require the express confirmation of Ansmann AG.
The orders are stored by Ansmann AG after conclusion of the contract up to the statutory maximum time limit.
3. prices and shipping costs
All prices include the applicable statutory value-added tax and are calculated plus flat-rate shipping costs and plus any shipping cost surcharges indicated for bulky goods. The shipping surcharges vary depending on the type of delivery and the nature of the item (shipping item).
The prices at the time of receipt of the order by Ansmann AG shall apply.
4. delivery and delivery time
Delivery shall be made within two weeks after the payment order has been issued to the customer's remitting credit institution (in the case of payment in advance) or after conclusion of the contract (in the case of use of online payment procedures, payment by credit card, payment by sepa direct debit or purchase on account).
When ordering several items, the latest delivery time stated for the items in the shopping cart shall be decisive for the calculation.
The customer can object to the forwarding of his contact data for the coordination of delivery at any time with effect for the future here or by sending a message to the contact data given in the imprint.
5. terms of payment
The customer can pay for the items by invoice, direct debit, credit card, online payment procedure or cash in advance. Ansmann AG reserves the right to exclude certain methods of payment in individual cases. Payment by sending cash or checks is not possible.
In the event of payment by online payment procedures (e.g. Pay-Pal, Sofortüberweisung), the customer expressly authorizes Ansmann AG to collect the amounts due at the time of the order.
In the case of payment in advance, the customer shall transfer the full invoice amount to the account of Ansmann AG within five calendar days of receipt of the order, stating the purpose of payment. The vendor shall reserve the object of purchase for a period of five calendar days.
In the case of payment by credit card, the customer expressly authorises Ansmann AG to collect the amounts due after dispatch of the (possibly first partial) delivery of goods.
In the case of payment by sepa direct debit, the customer shall issue Ansmann AG with a sepa basic mandate. The advance notice of the exact time of the account debit (pre-notification) shall be given five days before collection. The notification will be sent to the customer with the invoice after dispatch of the goods delivery.
In the case of payment on invoice, the customer undertakes to settle the invoice amount within 14 days after dispatch of the goods, without any deduction of discount.
With the shipment of the goods, the invoice will be sent by e-mail, if no e-mail address is stored, by mail, to the billing address provided by the customer.
If the customer is more than one week in arrears with a payment or if a return debit note is issued, Ansmann AG reserves the right to claim damages for default (collection fees, reminder fees, default interest, chargeback fees).
Set-off against payment claims of Ansmann AG shall only be permissible with claims which have become res judicata or are undisputed.
6. reservation of title
The object of purchase delivered to the customer shall remain the property of Ansmann AG until full payment of all objects of purchase delivered to the customer by Ansmann AG.
7. defects
Insofar as guarantees are advertised, the details shall result from the respective guarantee conditions, which shall be made available in text form with delivery at the latest. In the event of defects in the delivered object of purchase, the Purchaser shall be entitled to the statutory rights within the scope of the warranty/liability for defects separate from any warranty. The limitation period for statutory claims for defects is two years and begins with the date of delivery, i.e. receipt of the item by the purchaser.
The Purchaser's statutory warranty claims shall not be limited by a warranty. However, the special provisions from the following standard, 8. Limitation of Liability, shall apply to the Purchaser's claims for damages.
8. limitation of liability
Claims of the purchaser for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Ansmann AG, its legal representatives or vicarious agents. Material contractual obligations are those the fulfilment of which is necessary in order to achieve the objective of the contract. In the event of a breach of essential contractual obligations Ansmann AG shall be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, body or health.
The restrictions made above shall also apply in favor of the legal representatives and vicarious agents of Ansmann AG if claims are asserted directly against them.
9. revocation instruction/right of revocation
You have the right to cancel this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the (last) goods.
To exercise your right of withdrawal you must contact us, the
Ansmann AG
Industriestr. 10
97959 Assamstadt
Tel.:+49 (0) 6294 / 4204 -0E-Mail:info@ansmann.deFax:+49(0) 6294 / 4204 - 4400
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.1 Consequences of revocation
If you cancel this contract, Ansmann AG must repay to you all payments that Ansmann AG has received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment Ansmann AG will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
Ansmann AG may refuse repayment until the goods have been returned or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to Ansmann AG without delay and in any case no later than 14 days from the day on which you notify Ansmann AG of the cancellation of this contract. The time limit shall be deemed to have been observed if you send off the goods before the expiry of the period of 14 days. Ansmann AG shall bear the costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
9.2 Revocation information for installment purchases
9.2.1 Right of withdrawal
You may revoke your contractual declaration within 14 days without stating any reasons. The period begins after the conclusion of the contract, but only after you have received all mandatory information pursuant to Section 492 (2) of the German Civil Code (e.g. information on the type of loan, information on the net loan amount, information on the term of the contract). You have received all mandatory information if it is included in the copy of your application intended for you or in the copy of the contract document intended for you or in a copy of your application or the contract document intended for you and such document has been made available to you. You may be informed subsequently on a durable data medium of mandatory information not included in the text of the contract; the revocation period shall then be one month. You are to be informed again of the start of the revocation period with the subsequently included mandatory information. To comply with the revocation period, it is sufficient to send the revocation in due time if the declaration is made on a durable data medium (e.g. letter, fax, e-mail).
The revocation is to be addressed to
Ansmann AG
Industriestr. 10
97959 Assamstadt
Fax:+49 (0) 6294 / 4204 - 4400E-Mail:info@ansmann.de
9.2.2 Special features of other contracts
If you revoke this loan agreement, you are also bound to the
purchase contract (hereinafter: linked contract) is no longer bound.
If you have a right of revocation with respect to the linked contract, you shall also no longer be bound by the loan agreement upon effective revocation of the contract. The legal consequences of the revocation shall be governed by the provisions of the linked agreement and the revocation instruction issued for this purpose.
9.2.3 Consequences of revocation
If the loan has already been disbursed, you must repay it within 30 days at the latest and pay the agreed debit interest for the period between disbursement and repayment of the loan. The period begins with the dispatch of the notice of cancellation. For the period between disbursement and repayment, an interest amount of 0.00 (zero) Euro per day shall be paid if the loan is drawn down in full. This amount is reduced accordingly if the loan was only partially drawn down.
9.2.4 Special features of other contracts
If you are entitled to a right of revocation with respect to the linked contract, claims of the lender for payment of interest and costs arising from the reversal of the loan agreement against you shall be excluded in the event of an effective revocation of the linked contract.
You are not obliged to return the goods if the entrepreneur involved in the related contract has offered to pick up the goods. In principle, you shall bear the direct costs of returning the goods. This does not apply if the entrepreneur involved in the related contract has agreed to bear these costs or has failed to inform the consumer about the obligation to bear the direct costs of the return. In the case of contracts concluded away from business premises, where the goods have been delivered to the consumer's home at the time of conclusion of the contract, the entrepreneur is obliged to collect the goods at his own expense if the goods are such that they cannot be returned by mail.
If you are not able to return the item provided on the basis of the associated contract, or if you are only able to return it in part or in a deteriorated condition, you must pay compensation to this extent. However, this is only possible if the loss of value is due to handling of the goods that was not necessary for testing the condition, properties and functioning of the goods.
10. exclusion of the right of withdrawal / temporary expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery;
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound and video recordings or computer software in a sealed package, if the seal has been removed after delivery.
11. voluntary right of return
In addition to the statutory right of withdrawal of 14 days, Ansmann AG grants a voluntary right of return within a further 76 days. You can thus return the goods purchased from Ansmann AG to Ansmann AG 90 days after receipt.
The prerequisite for exercising this right is that you have worn or tried out the goods only for the purpose of trying them on, for the purpose of testing the condition, properties and functionality - as in a retail store - and that you return the goods complete, in their original condition and without damage.
12. place of jurisdiction/applicable law/language
Any differences of opinion and disputes arising from this contract shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
The contract is concluded exclusively in German.
The sole place of jurisdiction for orders placed by merchants, entrepreneurs, legal entities under public law or special funds under public law is Ellwangen.
13. consumer information on the disposal of old electrical appliances, rechargeable batteries and batteries
Old electrical equipment must be separated from the rest of the waste and old batteries and accumulators that are not permanently installed in the old equipment must be separated before being handed in. Batteries and accumulators must not be disposed of in household waste. You are legally obliged to return used batteries and accumulators. After use, you can return the batteries free of charge either to our dispatch warehouse (Ansmann AG, Industriestr. 10, 97959 Assamstadt) or to locations in your immediate vicinity (e.g. retailers or municipal collection points). Batteries and rechargeable batteries are marked with a crossed-out garbage can and the chemical symbol of the pollutant, namely "Cd" for cadmium, "Hg" for mercury and "Pb" for lead. The attached symbol for the marking of electrical and electronic equipment stands for the separate collection of electrical and electronic equipment.
You can return your old electrical appliances free of charge to one of the municipal collection points (recycling centers) in your area. In addition to handing them in at these collection points, you can also return old electrical appliances free of charge by post. To obtain a shipping label, please contact our customer service team in advance at info@ansmann.de. Please pack the old electrical appliance securely for transportation. Use a sturdy package and make sure that the contents cannot move freely. If necessary, filling material should be added. Before packing and sending the old electrical appliance, please remove any old batteries or rechargeable batteries that are not installed with the old appliance. Please also ensure that all personal data has been deleted.
14 Russia clause
- The Buyer undertakes not to sell, import or re-export, directly or indirectly, any goods falling within the scope of Article 12g of Regulation (EU) No 833/2014 to the Russian Federation or for use in the Russian Federation.
- The Buyer is obliged to use its best endeavors to ensure that the purpose of paragraph 1 is not frustrated by third parties in the further chain of trade, including possible resellers.
- The buyer shall establish and maintain an adequate monitoring mechanism to prevent breaches of the provisions of paragraph 1 by third parties in the further chain of trade, including potential resellers.
- Any breach of paragraphs 1, 2 or 3 shall constitute a material breach of a material term of this Agreement between Seller and Buyer, entitling Seller to make appropriate claims, including but not limited to:
- the termination of the contractual relationship between the seller and the buyer; and
- a contractual penalty of 5% of the total value of this contract or of the price of the exported goods, whichever is higher.
- The buyer shall inform the seller immediately of any difficulties arising in the application of paragraphs 1, 2 or 3, including any relevant third party activities which could frustrate the purpose of paragraph 1. The buyer shall provide the seller with information on compliance with the obligations under paragraph 1, 2 or 3 within two weeks of simple request.
14. final provisions
Should one of the provisions be or become invalid in whole or in part, the remaining provisions shall remain valid. In place of the invalid provision, a provision shall be deemed to have been agreed which comes closest to the economic purpose intended by the parties to the missing or invalid provision.
