1. General and Scope of Application
The following general terms and conditions (AGB in German) are valid in the version from the time of the order in our online store. Opposing or deviating conditions of the customer from our general terms and conditions we do not accept, even if we know them and process the order without contradiction.
Our information and offers regarding the articles and product specifications are subject to change. Product illustrations are exemplary illustrations and can deviate from supplied products. With regard to the constant technical development and improvement of the products we reserve the right to change the design. This also applies to changes that serve the availability of a product.
2. Contract Conclusion
The representation of our products in our website is only an invitation to the customer to submit a contract offer.
If the customer sends an order, he makes an offer in terms of § 145 BGB.
The customer receives a confirmation of receipt for the order by E-Mail after he placed the order.
The contract is concluded with us,
– when we accept the customer’s offer in text form within 2 working days after placing the order. Significant is the time of the arrival of the declaration acceptance at the customer.
– when the customer receives a shipping confirmation for the ordered goods within 2 working days after placing the order. Significant is the time of the arrival of the shipping confirmation at the customer.
A working day is any calendar day which is not a Sunday or legal nationwide holiday.
3. Delivery, Shipping Costs and Transfer of Risk
The delivery will be made on the individual case stated shipping costs.
If the customer is a consumer (private customer), we carry in each case the shipping risk (risk of loss or damage), regardless of the transport.
If the customer is an entrepreneur (commercial customer), then all risks of the shipment go over to the customer once the goods have been handed over by us to the logistic company.
We deliver the customer as fast as possible. This is under restriction, that we are supplied correctly and on time and are not responsible for the lack of availability of goods.
In case of visible damages of the package, it is possible to refuse the acceptance of the shipment with note to the damage for you as consumer. However if you find a damage after you have received the shipment or if it is a hidden transport damage (packaging okay but content defective), please contact us immediately within 3 business days after reception of the shipment.
4. Reservation of Title
The delivered goods remain our property until full payment of the purchase price.
The customer is obliged to handle the goods with care, as long as the property has not yet been transferred to him.
We only accept the payment options, that are shown to the customer as part of the ordering process.
If the customer is in delay of payments, we reserve the right to refuse any shipments also from other contractual relationships. We are not liable for any damages resulting from this non-delivery.
6. Liability for Defects
The legal rights of liability for defects apply.
We are not liable for damage or defects, that have occurred due to incorrect handling, storage or third party causes.
Also any liability expires if the customer does interventions or repairs itself or by someone not authorized by us.
We are not liable for data losses. The customer is responsible for securing its data.
7. Information for Customers about Distance Contracts and Information about Contracts in Electronic Commerce
We are not subject to specifically, not mentioned above, codes of conduct.
Any input errors when placing your order can be detected and corrected using the change function before sending the order at the final confirmation before submitting your contract.
The essential characteristics of the goods offered by us as well as the validity of limited offers can be found in the respective product descriptions as part of our website.
The available contract language is German.
Complaints and warranty claims you can make at the address listed in the legal notice (provider identification).
The contract text is not stored by us and therefore not available for you as customer through us after contract conclusion.
Please take information about payment, delivery or fulfillment from our offer.
8. Complaints Procedure
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
The contractual relationship between us and the customer and the respective terms and conditions are under the law of the Federal Republic of Germany and the contract language is German.
Exclusive jurisdiction is Berlin or another legal jurisdiction of our choice.
If the customer is a consumer, remain applicable under the law of the state, in which the consumer has his habitual residence, to protect the consumer rights and regulations of which can not be derogated from by agreement, unaffected by this agreement. The application of the CISG (United Nations Convention on Contracts for the International Sale of Goods) is excluded.
All offered products are intended as an utility device for development under laboratory conditions. For use or operation specialist knowledges are required.
User must read and apply the user guide / datasheet and other available documentation provided by PolyVection prior to handling or using the products, including without limitation any warning or restriction notices. The notices contain important safety information related to, for example, temperatures and voltages.
The products PolyVection offers are intended to be used solely by technically qualified, professional electronics experts who are familiar with the dangers and application risks associated with handling electrical mechanical components, systems, subsystems. Use the products PolyVection offers in laboratory test environment only. Never leave it unattended while in use. Never operate the products outside of it’s recommended operating specifications otherwise it may cause personal injury or death or property damage.
The products PolyVection offers generate, use and can radiate radio frequency energy and have not been tested for compliance with any regulatory requirements (e.g. CE, FCC). The products are not sold as a finished product and may not be resold or otherwise marked unless all required regulatory authorizations are first obtained.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, POLYVECTION, AND ITS SUPPLIERS, SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND ARISING IN ANY WAY OUT OF USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES OR DATA, OR COSTS OF REPLACEMENT GOODS, EVEN IF POLYVECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND POLYVECTION AND ITS SUPPLIERS MAKE NO WARRANTIES UNDER THIS AGREEMENT, EXPRESS, IMPLIED, OR STATUTORY, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE UNDER OR IN CONNECTION WITH THE PRODUCTS. POLYVECTION DOES NOT WARRANT THAT THE PRODUCTS AND CONTENT WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR THAT THEY WILL BE SECURE OR VIRUS-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POLYVECTION, ITS AGENTS OR OTHER REPRESENTATIVES OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF POLYVECTION’S WARRANTIES UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FORGOING, POLYVECTION AND ITS SUPPLIERS DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO ANY THIRD PARTY INTELLECTUAL PROPERTY, TECHNOLOGY OR INFORMATION PROVIDED AS PART OF THE PRODUCT OR DOCUMENTATION.
WE MAY REVISE THIS THERMS AND CONDITIONS AT ANY TIME. ALWAYS MAKE YOU VISIT OUR THERMS AND CONDITIONS PAGE IN REGULAR INTERVALS TO STAY UPDATED.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.