CONDITIONS OF USE • IMPRINT
Managing Director: Nuran Ajruli
Address: Dortmunderstrasse 138a
Register court number: Dortmund HRB 21154 District Court Dortmund
VAT ID number: DE814980207
Tax number: 314/5705 / 2686
1. General provisions / scope
1.1 AJRULI KOPIERSYSTEME GMBH offers both new and used items – mainly copying, printing and scanning equipment as well as accessories and spare parts – for sale. Unless otherwise expressly confirmed in writing by AJRULI KOPIERSYSTEME GMBH, the following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to all contracts concluded with AJRULI KOPIERSYSTEME GMBH.
1.2 Customers in the sense of these GTC are both consumers and entrepreneurs. Consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose which cannot be attributed to his commercial or independent professional activity (§ 13 BGB). Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction (§14 BGB).
2. Conclusion of contract
2.1 For the conclusion of a contract, §§ 145 ff. BGB apply accordingly. The customer defined in more detail under item 1.2. may submit a binding offer to AJRULI KOPIERSYSTEME GMBH in writing by letter, e-mail or fax or by telephone. The same shall also apply for AJRULI KOPIERSYSTEME GMBH towards the customer. If a non-binding inquiry about an article is made to AJRULI KOPIERSYSTEME GMBH, the customer shall promptly receive a binding offer with regard to his inquiry. The contract in all previously discussed variants shall only come into effect with the express acceptance of the offer; the offer submitted can only be accepted immediately.
2.2 The conclusion of the contract shall be subject to the reservation that AJRULI KOPIERSYSTEME GMBH shall not or only partially perform in case of incorrect or improper self-supply by suppliers; AJRULI KOPIERSYSTEME GMBH shall not assume any procurement risk. The responsibility of AJRULI KOPIERSYSTEME GMBH for intent or negligence in accordance with the liability regulations of these GTC (clause 8) remains unaffected. In case of unavailability or only partial availability of the service, AJRULI KOPIERSYSTEME GMBH will inform the customer immediately; in case of withdrawal the consideration will be refunded to the customer immediately.
3. Prices, delivery and shipping costs
3.1 The purchase prices quoted in the offers are final prices, i.e. they include all price components including applicable taxes. In the case of cross-border deliveries, further taxes and/or duties may be incurred in individual cases, which are to be borne by the customer. These may in particular be additional import duties/taxes (e.g. customs duties etc.), additional collection charges for transfers and exchange rate charges.
3.2 Unless otherwise expressly agreed, the purchase prices are exclusive of freight, postage and insurance. When shipping goods both domestically and abroad, additional delivery and shipping costs as well as insurance fees are therefore incurred; the amount of these fees depends on the information provided in connection with the specific offer.
4. Terms of payment
4.1. In the case of an agreed advance transfer or delivery against invoice, the customer undertakes to pay the (total) amount no later than seven days after receipt of the payment request.
4.2. The customer is only entitled to offset if his counterclaims have been legally established or have been recognized by AJRULI KOPIERSYSTEME GMBH.
4.3. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
5. Delivery and shipping conditions / retention of title
5.1. Unless otherwise agreed in individual cases, delivery is usually made against prepayment and on the way to the delivery address specified by the customer; Pick-up from AJRULI KOPIERSYSTEME GMBH is not possible unless otherwise agreed.
5.2. In the case of parcels, purchased items are dispatched regularly within five to seven working days, and in the case of freight forwarding delivery within seven to ten working days. The delivery for freight forwarding goods is “at ground level to curb”. In the event of a delay in delivery, AJRULI KOPIERSYSTEME GMBH will immediately inform the customer of the delay.
5.3. The customer assures that the delivery address provided is correct and complete and that he will take all possible precautions so that the goods he / she ordered can actually be delivered to him. If, due to incomplete or incorrect address data or other reasons attributable to the customer, additional costs arise for the shipment – in particular the costs of the return shipment and storage fees – the customer must replace these in full. Such a reason attributable to the customer exists in particular if the delivery fails repeatedly because the customer cannot be found on site and the goods are returned to AJRULI KOPIERSYSTEME GMBH.
5.4. The risk of accidental loss and accidental deterioration of a thing sold in deliveries to entrepreneurs is transferred to the customer himself or to a person authorized to receive, in the case of a mail order purchase with the delivery of the goods to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the thing sold always only passes with the handover of the goods to the consumer. The handover is the same if the customer delays acceptance.
5.5. Towards consumers, AJRULI KOPIERSYSTEME GMBH retains ownership of the goods sold until the purchase price has been paid in full, and with entrepreneurs until all claims from the current business relationship have been paid in full (reserved goods).
5.6. The customer is obliged to treat the reserved goods with care.
5.7. During the retention of title, the customer is obliged to immediately notify AJRULI KOPIERSYSTEME GMBH of third-party access to the goods (e.g. in the case of attachment) and of any damage or destruction of the goods, and to provide all information and documents necessary to protect the Rights of the owner are required. Third parties are to be made aware of the third-party property. The customer must immediately notify a change of ownership of the goods subject to retention of title as well as a change of residence during the retention of title.
5.8. If the customer behaves contrary to the contract – in particular in the event of a delay in payment or in the event of a breach of an obligation under Sections 5.6 and/or 5.7 of these General Terms and Conditions – AJRULI KOPIERSYSTEME GMBH is entitled to withdraw from the contract and to demand the reserved goods. The customer has to pay for the resulting costs – especially the costs of collection.
5.9. The obligations and obligations listed in Sections 5.6 and 5.7 also apply mutatis mutandis to rental or leasing contracts; in this regard, reference is made to the legal consequences listed in section 5.8. If the contractual relationship ends properly after the agreed term and this is not extended, the customer must return the goods received to AJRULI KOPIERSYSTEME GMBH. The customer is obliged to send the goods back to AJRULI KOPIERSYSTEME GMBH at their own expense. Parcel shipments are to be insured according to the value of the goods; if the return is uninsured, the customer bears the risk of accidental loss and deterioration. If the goods are picked up by AJRULI KOPIERSYSTEME GMBH, the customer has to pay for the costs incurred.
6. Notification of transport damage
6.1 The customer shall immediately inspect the delivered goods for intactness and completeness. In the event of externally visible transport damage, the customer undertakes, in the event that the delivery is nevertheless accepted, to note the damage on the respective shipping documents upon acceptance of the delivery and to have the deliverer acknowledge the damage; the packaging must be retained.
6.2 If the (partial) loss or damage is not externally visible, the customer shall notify AJRULI KOPIERSYSTEME GMBH within five days after delivery or within seven days after delivery to the transport company in order to ensure that any claims against the transport company can be asserted in time.
6.3 The customer shall support AJRULI KOPIERSYSTEME GMBH to the best of his ability as far as claims are asserted against the respective transport company or a transport insurance.
6.4 Any rights and claims of the customer, especially his rights in case of defects of the goods, shall remain unaffected by the provisions of clauses 7.1 with 7.3 of these GTC.
7. Warranty conditions
Any inquiries and/or complaints of any kind are to be directed to AJRULI KOPIERSYSTEME GMBH via the contact details given above. In all other respects, the following warranty provisions shall apply:
7.1 No warranty shall apply in case of damages caused by improper installation, use or treatment of the article. The same applies to so-called intentional wear and tear.
7.2 In accordance with the statutory provisions, the customer shall, in the event of defects in the delivered item, initially only have a claim to subsequent performance.
7.2.1 In this respect, the consumer shall have the choice whether the subsequent performance shall be effected by rectification of defects or by replacement delivery; however, AJRULI KOPIERSYSTEME GMBH shall be entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate costs and the other type of subsequent performance does not cause significant disadvantages for the consumer.
7.2.2 AJRULI KOPIERSYSTEME GMBH shall initially provide warranty for defects of the goods to entrepreneurs at its own choice, either by rectification of defects or replacement delivery.
7.3 The customer shall not be entitled to remedy a defect directly himself or have it remedied by third parties (self-remedy); any expenses incurred by such self-remedy shall not be reimbursed.
7.4 If the subsequent performance has failed, the customer may, in principle, at his discretion and in accordance with the statutory provisions, reduce the remuneration (abatement), cancel the contract (withdrawal), claim damages or compensation for futile expenses. If the customer chooses compensation for damages, the limitations of liability according to section 8 of these GTC shall apply in this respect.
7.5 The limitation period for the rights of a consumer is two years from the date of delivery in the case of defects in new goods and one year from the date of delivery in the case of used goods in deviation from the statutory warranty period. The period of limitation for the rights of an entrepreneur in the case of defects is, in deviation from the legal regulation, one year from handover in the case of new goods and is, in deviation from the legal regulation, completely excluded in the case of used goods (exclusion of any warranty). Facilitation of the statute of limitations associated with these periods of time shall not apply if AJRULI KOPIERSYSTEME GMBH is liable according to the liability provisions in accordance with Section 8 of these GTC or if it concerns the right in rem of a third party, on the basis of which the return of the delivery item can be demanded.
7.6 Entrepreneurs must report obvious defects in writing within a period of two weeks from receipt of the goods using the contact details listed above; otherwise the assertion of warranty claims is excluded. The timely dispatch of the notification of defects is sufficient to comply with the deadline.
7.7 In the event of withdrawal from the contract, the customer shall bear the direct costs of returning the goods. Parcel shipments must be insured according to the value of the goods; if the return shipment is not insured, the customer bears the risk of accidental loss and deterioration.
7.8 If a so-called “bring-in guarantee” – six-month guarantee in case of a defect – is agreed and granted in writing, the customer must bring the device to our premises for repair at his own expense and also collect it again. Not valid for B2B business or export.
8.1 In accordance with the statutory provisions, AJRULI KOPIERSYSTEME GMBH shall be liable without limitation for damages arising from injury to life, body or health which are based on an intentional or negligent breach of duty as well as for other damages which are based on an intentional or grossly negligent breach of duty as well as fraudulent intent. Furthermore, AJRULI KOPIERSYSTEME GMBH shall be liable without limitation for damages which are covered by the liability according to mandatory legal regulations, such as the Product Liability Act, as well as in case of the assumption of guarantees.
8.2 AJRULI KOPIERSYSTEME GMBH shall be liable for such damages which are not covered by clause 8.1 and which are caused by simple or slight negligence, as far as this negligence concerns the violation of contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the compliance of which the customer may regularly rely (so-called cardinal obligations). The liability of AJRULI KOPIERSYSTEME GMBH shall be limited to the foreseeable damages typical for the contract.
8.3 In case of slightly negligent breaches of such contractual obligations which are neither covered by clauses 8.1 nor 8.2 (so-called insignificant contractual obligations) AJRULI KOPIERSYSTEME GMBH shall be liable to consumers – this shall be limited to the contract-typical foreseeable damages.
8.4 Any further liability is excluded.
9. Cancellation policy for consumers
If the customer is a consumer within the meaning of section 1.2 of these GTC, he is entitled to the legally standardized right of revocation:
9.1 The customer has the right to revoke the contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the customer or a third party designated by him, who is not the carrier, has taken possession of the goods or – if several goods ordered by the customer within the framework of a uniform order are delivered separately – on the day on which the customer or a third party designated by him, who is not the carrier, has taken possession of the last goods.
In order to exercise the right of withdrawal, the customer must inform AJRULI KOPIERSYSTEME GMBH by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of his decision to withdraw from the contract. He may use the attached sample revocation form for this purpose, which is not mandatory.
The revocation must be addressed to:
Ajruli Kopiersysteme GmbH
In the event that the declaration of revocation is sent by e-mail, it must be addressed to:
In order to comply with the revocation period, it is sufficient for the customer to send the notification of the exercise of the right of revocation before the end of the revocation period.
9.2 If the customer revokes this agreement, AJRULI KOPIERSYSTEME GMBH shall reimburse him all payments received from him, including delivery costs, immediately and at the latest within fourteen days from the day on which AJRULI KOPIERSYSTEME GMBH received the notice of revocation of the agreement. For this repayment AJRULI KOPIERSYSTEME GMBH shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged for this repayment. AJRULI KOPIERSYSTEME GMBH may refuse the refund until AJRULI KOPIERSYSTEME GMBH has received the good(s) back or until the customer has provided proof that he has returned the good(s), whichever is the earlier. The customer shall return or hand over the good(s) to AJRULI KOPIERSYSTEME GMBH without delay and in any case within fourteen days at the latest from the day on which he has informed AJRULI KOPIERSYSTEME GMBH about the revocation of the contract. The time limit shall be deemed to have been observed if the customer sends the good(s) before the expiry of the period of fourteen days. The customer shall bear the direct costs of the (insured) return of the good(s). The customer shall only be liable for any loss of value of the good(s) if this loss of value is due to handling of the good(s) that is not necessary for testing their condition, properties and functionality.
9.3 If the customer wants to cancel the contract, he can fill in the following form and send it back to AJRULI KOPIERSYSTEME GMBH However, the form is not mandatory:
– To Ajruli Kopiersysteme GmbH, Dortmunderstrasse 138a, D-44577 Castrop-Rauxel| email@example.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the 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 in case of communication on paper)
(*) Delete as applicable.
9.4 The revocation is excluded if goods are delivered which are not prefabricated, for whose production an individual selection or determination by the customer is decisive, or which are clearly tailored to the personal needs of the customer.
10. Final provisions / place of jurisdiction
10.1 The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10.2 The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.
10.3 If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of AJRULI KOPIERSYSTEME GMBH, i.e. Castrop-Rauxel. The same shall apply if an entrepreneur does not have a general place of jurisdiction in Germany or if his place of residence and/or habitual abode is not known at the time of filing a suit. The authority of AJRULI KOPIERSYSTEME GMBH to also call upon the court at another legal place of jurisdiction remains unaffected by this.
10.4 The EU Commission offers the possibility of dispute resolution on an online platform operated by it. This can be found under the external link http://ec.europa.eu/consumers/odr/. AJRULI KOPIERSYSTEME GMBH does not participate in dispute settlement proceedings before consumer arbitration boards.
10.5 Should individual provisions of this contract violate applicable law in whole or in part or be void or ineffective for other reasons, the validity of the remaining provisions shall remain unaffected.