General Terms of Business for End Consumers
Section 1 Contracting Partner
The customer’s contracting partner is DRY-TECH®. The contract originates when
an electronic order is placed at our on-line shop at www.dry-tech.us and the
respective products are subsequently dispatched . The contract becomes binding
upon receipt of the delivered goods.
Section 2 General Provisions for Liability
DRY-TECH® is only liable for damage resulting from intentional or gross negligent breach of duty by DRY-TECH®, its legal representatives or communicating agents, as long as no warranted qualities or substantive contractual obligations/duties are affected. DRY-TECH® accepts no liability for personal injury or property damage. The terms of liability and the conditions as per contract are subject in their application and interpretation solely to the law of the Federal Republic of Germany.
Section 3 Privacy /Data Protection
Within the contract relationship, the customer consents to his data being electronically processed and stored by DRY-TECH®. Data will not be shared with third parties. The customer is reminded that, for all participants, given the present status of technology, the risk of unauthorized parties gaining access to data during on-line transmission cannot be fully excluded.
Section 4 Offer
Our offers are non-committal. Minor deviations and technical modifications in comparison with the illustrations or descriptions may occur.
Section 5 Delivery and Payment
- 5.1 Delivery:
Goods are despatched insured with DHL. For cash transactions, C.O.D. delivery immediately follows receipt of the order. In the case of payment with use of the financing option, delivery of the goods immediately follows positive verification of identity. Delivery times and charges for a particular country are provided in the table on the order form. In case non-fulfillment of a delivery or a performance deadline is due to an act of God, labour dispute, unforeseen circumstances, or other circumstances over which DRY-TECH® has no control, the deadline will be appropriately prolonged.
- 5.2 Payment:
The articles have to be paid in advance in one sum.
Section 6 Customer’s Right to Return Goods according to the Distance Selling Act
According to the distance selling act, the customer has the right to return the goods in undamaged condition within a period of 2 weeks after receiving the goods. The sales contract is thereby cancelled, and, if the sales price has already been paid in full, it is refunded to the customer. In order to comply with the deadline, it is sufficient to despatch the goods within the time limit.
The goods can be returned as an insured package. The billed price of merchandise will, in case already paid, be refunded to the customer’s bank account. It is not permissible for the customer to recover the sum paid by debit note for returns!
Section 7 Transfer of Risk
In transit, the package is insured by the shipping agent in the amount of the billed price.
Upon handover of the goods by the shipping agent to the customer, risk is transferred to
the customer / receiver.
Section 8 Guarantee
DRY-TECH® guarantees that the goods sold are free of material and manufacturing faults and possess the contractually warranted qualities at the time of risk transfer. Upon arrival of the goods, the receiver must immediately examine them for faults and to determine their condition. In case of apparent faults/defects, these must be reported to DRY-TECH® in writing within 7 days of discovery; the same applies to hidden faults/defects. Otherwise the guarantee is no longer applicable for those faults/defects. The guarantee does not cover normal wear and tear or deterioration. The guarantee becomes void if the customer modifies the delivered goods. During the warranty period, DRY-TECH® has the right to make improvements at no charge. The article may be exchanged, either partially or as a whole. If defects are not repaired within a reasonable time, the buyer has the right to redhibition or abatement. Section 476a of the German Civil Code applies he
Section 9 Severability Clause
If a provision of this Agreement is or becomes, entirely or in part, invalid or void, this shall not affect the validity or legality of the remaining provisions. In place of the invalid or void provision, a provision shall be agreed upon which corresponds to the invalid or void provision. This also holds true for possible contract loopholes. |