General terms and conditions
1.1 The version of these General Terms and Conditions of Business applicable when the contract is concluded shall apply to all transactions between the customer and Datenwerk Logistik GmbH, Ludwigstr. 8, 80539 Munich, Germany (hereinafter referred to as “Datenwerk Logistik”) which are initiated and processed via the Datenwerk Logistik online shop.
1.2 Any divergent, conflicting or supplementary general terms and conditions of the customer shall form no part of the contract, even if Datenwerk Logistik is aware of them, unless it is expressly approved in writing that they shall apply.
1.3 The goods and services offered by Datenwerk Logistik via the online shop are aimed at consumers and business owners alike, but only end users. For the purposes of these General Terms and Conditions of Business, (i) a “consumer” shall be understood as any individual who enters into a legal transaction for purposes which are, for the most part, connected with neither the commercial nor independent professional activities of the individual (Section 13 BGB - German Civil Code), and (ii) a “business owner” shall be understood as an individual or legal entity or partnership with legal capacity acting within the scope of his/its commercial or independent professional activities at the time the contract is concluded (Section 14(1) BGB).
2 Online shop
Datenwerk Logistik shall maintain an online shop offering customers a range of goods, including power tools, replacement parts for power tools, hot glue sticks, measuring equipment and other products. Goods may be selected from this range, placed in a shopping basket and sent to Datenwerk Logistik as an order. Products shall be available for order and delivery in Germany only.
3 Conclusion of contract, delivery reservation, shipping, point of contact and general services
3.1 Datenwerk Logistik’s online shop shall constitute a non-binding invitation to the customer to order goods. Within reasonable limits, Datenwerk Logistik shall reserve the right to make technical and other changes.
3.2 By clicking on the “Buy” button to place an order, the customer shall make his contract offer binding. Receipt of the customer’s order shall be confirmed. Confirmation of receipt shall not constitute binding acceptance of the order; its only purpose shall be to provide information that the Customer's order has been received. The sales contract shall be concluded at Datenwerk Logistik’s discretion when an order confirmation is sent or the ordered goods are dispatched to the customer. Datenwerk Logistik shall reserve the right to combine confirmation of receipt with declaration of acceptance.
3.3 Datenwerk Logistik shall be entitled to limit the order quantity to that which is normal for domestic use.
3.4 Goods shall be supplied in accordance with the agreements concluded with the customer. Schedules and deadlines for delivery and service shall be agreed in writing. Schedules and deadlines for delivery and service shall be non-binding, unless previously indicated as binding in writing by Datenwerk Logistik. Delivery in instalments shall be permitted.
3.5 The contract shall be concluded with the proviso that service may not be provided, or provided only in part, if delivery by Datenwerk Logistik’s suppliers is incorrect or not properly executed. The customer shall be informed within seven working days if service is unavailable or only partially available. Any amount already paid shall be reimbursed without delay.
3.6 If the customer has any further enquiries regarding his order, he may contact Datenwerk Logistik at: firstname.lastname@example.org.
4 Right of revocation
4.1 A customer who is a consumer shall have right of revocation. The preconditions for and legal consequences of revocation are set forth in the following revocation instructions.
You shall have the right to revoke this contract within 14 days without stating reasons.
The revocation deadline shall be 14 days from the day
(Variant 1: in the case of a sales contract) on which you, or a third party nominated by you who is not the carrier, took possession of the goods;
(Variant 2: in the case of a contract for multiple goods ordered by you as a single order for separate delivery) on which you, or a third party nominated by you who is not the carrier, took possession of the last consignment of goods;
(Variant 3: in the case of a contract for the supply of goods in multiple partial shipments or parts) on which you, or a third party nominated by you who is not the carrier, took possession of the last partial shipment or last part.
In order to exercise your right of revocation, you shall notify us at Datenwerk Logistik GmbH, Ludwigstr. 8, 80539 Munich, Germany, email@example.com, phone: +49 89 45249250, clearly stating (for example, via a letter sent by post, fax or e-mail) your decision to revoke this contract. You may use the contract revocation form template printed at the end of these Terms and Conditions, but it is not compulsory to do so.
In order to comply with the revocation deadline, it shall be necessary only to send notice that you are exercising the right of revocation before expiry of the revocation deadline.
Consequences of revocation
If you revoke this contract, we shall refund to you all payments received by us from you, including shipping costs (except for additional costs arising from your selection of a delivery method other than the cheapest standard delivery offered by us), without delay, and not more than 14 days from the day on which notice of your revocation of this contract is received by us. We shall use the same payment method employed by you for the original transaction to make the refund, unless expressly agreed otherwise with you; under no circumstances shall you incur fees because of this refund.
You shall return or deliver the goods to us without delay and, under any circumstances, within 14 days from the day on which you informed us of the revocation of this contract. The deadline shall be met if you send the goods before the 14-day period has expired.
We shall bear the costs of returning the goods if you contact us in advance. In such cases, Datenwerk Logistik shall arrange for collection of the goods free-of-charge and shall issue a return note. The customer can include the note with the returned goods, thereby expediting reversal of the order and payment. We may refuse to make a refund until the goods have been returned to us or you have provided proof that you have sent the goods back, whichever occurs earlier.
Otherwise, you shall bear the direct costs of returning the goods.
You shall pay compensation for any loss of value of the goods only if such a loss is attributable to unnecessary handling when the quality, properties and functionality of the goods are being checked.
End of revocation instructions
4.2 The right of revocation shall not apply to distance contracts for the supply of goods which are made in accordance with customers’ specifications or are uniquely customised to meet personal requirements. In particular, the right of revocation shall not apply if you add personalised engraving to goods and their packaging, or components of goods or packaging, at the online shop.
5 Retention of title
5.1 Datenwerk Logistik shall retain title to the goods until the purchase price has been paid in full.
5.2 The customer shall be obliged to handle the goods with care until title is transferred. If it is necessary to carry out maintenance and inspection work on the goods subject to retention of title, the customer shall duly do so at his own expense.
5.3 If the customer is a business owner, he shall be entitled, in the course of his ordinary business operations, to process or combine the goods to which Datenwerk Logistik has retained title. As security for Datenwerk Logistik’s claims referred to in paragraph 1, Datenwerk Logistik shall acquire joint ownership, which is hereby transferred to Datenwerk Logistik by the customer, of the products resulting from the processing or combining of the goods. The customer shall store the items subject to Datenwerk Logistik’s joint ownership free-of-charge as an ancillary contractual duty. Datenwerk Logistik’s share of the joint ownership shall be determined by the ratio of the value of the goods (calculated on the basis of the total invoice amount including VAT) to the value of the item resulting from the processing or combining of goods at the time the processing or combining took place. The customer shall be entitled to resell the goods in the ordinary course of business against cash payment or under retention of title. The customer shall hereby assign to Datenwerk Logistik all of his receivables arising from the resale of the goods, in full and together with ancillary rights, irrespective of whether the goods have undergone further processing. The assigned receivables shall be used as security for Datenwerk Logistik’s claims in accordance with paragraph 1. The customer shall be entitled to collect the assigned receivables. At the request of Datenwerk Logistik, the customer shall notify Datenwerk Logistik, without delay and in writing, regarding the identity of any purchaser to whom the customer has resold goods owned, or jointly owned, by Datenwerk Logistik and regarding which receivables are due to him from the resale, and shall, at his own expense, issue Datenwerk Logistik with publicly certified deeds regarding assignment of the receivables.
5.4 The customer shall have no entitlement to any other disposal of items for which Datenwerk Logistik has retention of ownership or joint ownership, or disposal of receivables assigned to Datenwerk Logistik. The customer shall inform Datenwerk Logistik without delay of any attachments or other legal impairments with respect to items or receivables belonging to Datenwerk Logistik in whole or in part. The customer shall bear all the costs incurred in removing access by third parties to Datenwerk Logistik’s retained ownership or ownership of security and in replacing the item, unless such costs can be reclaimed from third parties.
5.5 Should the value of the collateral in place for Datenwerk Logistik exceed Datenwerk Logistik’s receivables by more than 10 per cent in total, Datenwerk Logistik shall, at the customer’s request, release security provisions to that extent at Datenwerk Logistik’s discretion.
6 Prices and payment
6.1 The prices stated at the time the order is placed shall apply. All prices shall include statutory value-added tax at the applicable rate. Datenwerk Logistik shall charge the customer no additional costs for using telecommunications means to place an order.
6.2 Payment shall be made by credit card. The invoice amount shall be charged in EUR (euros) once the goods are dispatched. The reference “Bosch Heroes Shop” shall be shown in the transaction text when the customer is invoiced.
6.3 The customer may offset against receivables owed to Datenwerk Logistik only uncontested or legally binding receivables or receivables which are reciprocal to Datenwerk Logistik’s. The customer may exercise a right of retention only if his counterclaim is based on the same contractual relationship.
7 Shipping costs
Irrespective of the order value, a separately indicated flat charge for shipping shall be payable when goods are ordered. The flat charge for shipping and any surcharges, such as collection fees or delivery charges for bulky items, can be found on each item page. Should a shipment take the form of multiple partial deliveries, which Datenwerk Logistik reserves the right to do, the flat charge for shipping shall be applied only once, except in cases where the customer demands partial deliveries.
8 Transfer of risk
8.1 For a sale involving the carriage of goods, the risk of accidental loss or accidental deterioration of the sold goods shall pass to the customer when the goods are delivered to him.
8.2 Delivery shall be deemed to have taken place even if the customer delays acceptance.
9.1 If the customer’s conduct is in violation of the contract, in particular if payment is delayed, Datenwerk Logistik shall be entitled to rescind the contract upon expiry of a reasonable grace period, without prejudice to other contractual and statutory rights.
9.2 Datenwerk Logistik shall be entitled to rescind the contract without setting a grace period if the customer ceases his payments or makes an application to instigate insolvency proceedings or similar debt-settlement proceedings with regard to his assets.
9.3 Datenwerk Logistik shall also be entitled to rescind the contract without setting a grace period if (i) the customer’s financial situation deteriorates significantly, or is in danger of doing so, thereby jeopardising fulfilment of a payment obligation vis-à-vis Datenwerk Logistik, or (ii) the customer is insolvent or over-indebted.
9.4 Once rescission of the contract has been announced, the customer shall grant Datenwerk Logistik or Datenwerk Logistik’s representatives access to the items under retention of title without delay, and shall surrender such items. Following appropriate notification in good time, Datenwerk Logistik may utilise the items under retention of title in some other way in order to settle outstanding receivables vis-à-vis the customer.
9.5 Statutory rights and claims shall not be restricted by the provisions stipulated here in section
10 Liability for defects
10.1 Statutory defect claims shall apply if the customer is a consumer.
10.2 If the customer is a business owner, the following rules regarding liability for defects shall apply to contracts for the supply of goods.
a) Claims for material defects shall have a limitation period of 12 months. The above provision shall not apply if the law pursuant to Sections 438(1)(2) (construction and items for construction), 479(1) (right of recourse) and 634a (construction defects) of the BGB stipulates longer limitation periods.
b) The limitation period for material defects shall commence when the item is delivered (transfer of risk).
c) If, within the limitation period, a material defect is found, the cause of which was present at the time risk was transferred, Datenwerk Logistik shall provide subsequent performance by choosing either to remedy the defect or to supply a non-defective item.
d) Subsequent performance shall not cause the limitation period to recommence.
e) Should subsequent performance fail, then in accordance with statutory provisions the customer may rescind the contract or reduce the payment, claims for damages notwithstanding.
f) Any claims by the customer for expenses relating to subsequent performance, in particular the costs of transportation, travel, labour and materials, shall be in accordance with statutory provisions. If you have installed the defective item in another item in accordance with its type and purpose, or mounted it on another item, during subsequent performance we shall be obliged, in accordance with statutory provisions, to compensate you for the expenses involved in removing the defective item and installing or mounting the repaired or supplied non-defective item. However, such expenses shall be excluded if they increase because the object of supply has subsequently been transferred to a location other than the customer’s place of business, unless such transfer is in accordance with the intended use.
g) No claims for subsequent performance shall be made in cases of only minor divergence from the agreed quality or only minor impairment of usability. This shall be without prejudice to any further rights.
h) The following shall not be considered material defects:
- Normal wear and tear;
- Any condition of the goods or damage which emerges after risk is transferred as a result of improper handling, storage or assembly, failure to observe installation and handling instructions or excessive load or use;
- Any condition of the goods or damage resulting from force majeure or particular external factors not provided for in the contract, or which emerges because the goods have been utilised in a manner outside the normal scope of use or the use provided for in the contract.
No claims for material defects may be made if the goods are altered either by third parties or as a result of the installation of parts originating from outside sources, unless the defect has no causal link with the alteration.
i) Claims of recourse by the customer against Datenwerk Logistik may be made only provided that the customer has concluded no agreements with his buyer which exceed the statutory claims for defects, e.g. goodwill arrangements.
j) Claims due to material defects, including claims of recourse by the customer, shall be excluded insofar as the customer has had the defect remedied by a workshop/service centre which has not been authorised by Datenwerk Logistik.
k) Sub-sections 10 c), f) and g) shall not apply provided that Datenwerk Logistik’s goods have verifiably been sold by the customer to a consumer without being processed or installed in another item.
l) Datenwerk Logistik’s obligation to pay damages and reimburse wasted expenditure, as defined in Section 284 BGB, due to material defects shall otherwise be governed by section 11. Any further claims, or claims not covered here in section 10 or in section 11, brought by the customer due to material defects shall be excluded.
m) The customer shall report discernible material defects in writing, without delay, and not later than 15 days after receipt of the goods. Box stickers, contents labels and the tally sheet accompanying the consignment shall be sent with the report. The customer shall report other material defects in writing without delay upon detection. The reference date in all cases shall be the day Datenwerk Logistik receives the report. If a defect report proves unfounded, Datenwerk Logistik shall be entitled to demand reimbursement from the customer for expenses incurred by Datenwerk Logistik, unless the customer can demonstrate that he is in no way to blame for the unfounded defect report. Any claims for material defects shall be excluded if the material defect is not reported in good time.
11 Limitation of liability
11.1 Datenwerk Logistik shall be liable for damages and reimbursement of wasted expenditure as defined in Section 284 BGB (hereinafter “damages”) due to breach of contractual or extra-contractual duties only in the following cases:
i. In the event of intentional or gross negligence;
ii. In the event of loss of life, personal injury or damage to health caused by negligence or intent;
iii. Due to the assumption of a guarantee of quality or durability;
iv. In the event of a negligent or intentional breach of material contractual obligations, i.e. obligations essential for performance of the contract, compliance with which is a condition normally relied upon by the customer;
v. Due to compulsory liability under the Produkthaftungsgesetz (German Product Liability Act);
vi. Due to some other compulsory liability.
11.2 However, damages for breach of material contractual obligations shall be limited to foreseeable damages typical of this type of contract, unless intent or gross negligence is involved or liability exists due to loss of life, personal injury or damage to health, or due to the assumption of a guarantee of quality.
11.3 Any further liability to pay damages beyond that provided for in section 11 shall be excluded, regardless of the legal nature of the claim asserted. This shall apply in particular to claims for damages arising from fault in conclusion of the contract, or due to other breaches of obligation or tort claims for compensation for material damage pursuant to Section 823 BGB.
11.4 Insofar as liability for damages is excluded vis-à-vis Datenwerk Logistik, this shall also apply with regard to the personal liability for damages of Datenwerk Logistik’s staff, representatives and vicarious agents.
11.5 No change in the burden of proof to the detriment of the customer shall be associated with the above provisions.
11.6 If the customer is a business owner, he shall indemnify Datenwerk Logistik against any negative consequences for Datenwerk Logistik via third parties due to harmful acts on the part of the customer, no matter whether such acts are committed intentionally or negligently.
11.7 In ordering the goods, the customer shall expressly acknowledge that repairs to power tools may be carried out only by a specialist in compliance with VDE regulations.
12 Data storage and data protection
12.1 Datenwerk Logistik shall collect, process and store all personal data disclosed by the customer solely in accordance with the provisions of German data protection legislation.
13 Provider’s identity
13.1 The provider of the online shop service is:
Datenwerk Logistik GmbH
Phone: +49 89 45249252
Complaints may be submitted to the aforementioned address.
14 Final provisions
14.1 Should any provision of these terms and conditions, and the other agreements concluded, be or become ineffective, this shall be without prejudice to the validity of the remaining terms and conditions. The contracting parties shall be obliged to replace the ineffective provision with one which has the nearest equivalent economic outcome.
14.2 The place of jurisdiction shall be Stuttgart, Germany (the district court in 70190 Stuttgart, Germany for district court proceedings) or, at Datenwerk Logistik’s discretion, the place of business where the order was executed, if the customer
- is a merchant, or
- has no general place of jurisdiction in Germany, or
- moves his place of residence or usual abode outside Germany after conclusion of the contract, or his place of residence or usual abode is not known when legal action is brought.
Datenwerk Logistik shall also be entitled to apply to a court with jurisdiction over the customer’s head office or branch office.
14.3 All legal relationships between Datenwerk Logistik and the customer shall be governed exclusively by German law, to the exclusion of the provisions on the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law shall not deprive the user of the protection afforded to him by these provisions; the law of the country in which he has his habitual residence may not derogate from these provisions by agreement (favourability principle).
Contract revocation form template
(If you wish to revoke the contract, please complete this form and return it to us.)
- To [here the business owner should insert the name, address and, if appropriate, the fax number and e-mail address of the business owner]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for hard copies of a notification)
(*) Delete as appropriate.
Datenwerk Logistik GmbH