CONDITIONS OF USE • IMPRINT
Managing Director: Nuran Ajruli
Address: Dortmunderstrasse 138a
44577 Castrop-Rauxel
Tel: 0231-9502994
Fax: 0231-5340720
Mail: info@ajruli-kopiersysteme.de
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 copiers, printers and scanners as well as accessories and spare parts – for sale, leasing or rent. Unless otherwise expressly confirmed in writing by AJRULI KOPIERSYSTEME GMBH, the following general terms and conditions (hereinafter “GTC”) apply exclusively to all contracts concluded with AJRULI KOPIERSYSTEME GMBH, with additional, separate contractual terms and conditions with regard to leasing and rental contracts apply, which are specified, regulated and defined there.
1.2 Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB). Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§14 BGB).
2. Conclusion of contract
2.1 §§ 145 et seq. of the German Civil Code apply to the conclusion of a contract. The under number 1.2. A more precisely defined customer can submit a binding offer to AJRULI KOPIERSYSTEME GMBH in writing by letter, e-mail or fax or by telephone. The same applies to AJRULI KOPIERSYSTEME GMBH towards the customer. If AJRULI KOPIERSYSTEME GMBH is sent a non-binding inquiry about an item, the customer will promptly receive a binding offer in relation to his enquiry. In all the previously discussed variants, the contract is only concluded with the express acceptance of the offer; the submitted offer can only be accepted immediately.
2.2 The conclusion of the contract is subject to the proviso that in the event of incorrect or improper delivery by suppliers, the supplier does not perform or only partially perform; AJRULI KOPIERSYSTEME GMBH does not assume any procurement risk. The responsibility of AJRULI KOPIERSYSTEME GMBH for intent or negligence in accordance with the liability provisions of these General Terms and Conditions (section 8) remains unaffected. In the event of unavailability or only partial availability of the service, AJRULI KOPIERSYSTEME GMBH will inform the customer immediately; in the event of withdrawal, any consideration already received will be immediately refunded to the customer.
3. Prices, delivery and shipping costs
3.1 The prices stated in the purchase offers or contracts are final prices, i.e. they include all price components including applicable taxes. In the case of cross-border deliveries, additional taxes and/or duties may be incurred in individual cases, which are to be borne by the customer. In particular, these can be additional import duties/taxes (e.g. customs duties, etc.), additional collection fees for transfers and exchange rate fees.
3.2 Unless otherwise expressly agreed, the prices do not include freight, postage and insurance. When sending goods both domestically and abroad, additional delivery, forwarding and shipping costs as well as insurance fees are incurred; their amount is to be calculated individually in each individual case.
3.3. In the case of leasing and rental contracts, AJRULI KOPIERSYSTEME GMBH is entitled to change the agreed conditions/payments.
3.3.1. This is especially true when
- a) the scope of delivery changes at the request of the customer contractual partner.
- b) object-related special taxes are introduced.
3.3.2. If the sales tax rate or the assessment by the tax authorities changes during the term of the (leasing/rental) contract, all claims resulting from the (leasing/rental) contract (even after the contract has expired) or payments will be assigned to the new one Adjusted tax rate.
3.3.3. In the event of changes to the calculation bases for the assessment of the leasing/rent due to an increase in the general cost of living, taxes and duties, personnel and material costs and/or an increase in manufacturer prices for the (leasing/rental) object, consumables or spare parts, AJRULI KOPIERSYSTEME GMBH entitled to adjust the amount of leasing/rental interest in accordance with changes in these calculation bases.
The price adjustment must be made by means of a written notification of change with a notice period of three calendar months to the end of the month. If price adjustments of more than 5% are requested within a period of twelve months, the customer has the right to terminate the contract with a notice period of three calendar months to the end of the contract year while retaining the previous conditions. There is no right of termination due to price increases, even if these are more than 5%, which are limited to the prices prevailing on the market.
4. Terms of payment
4.1 In the event of an agreed advance transfer or delivery against invoice, the customer undertakes to pay the (total) amount without deduction no later than seven days after receipt of the payment request.
4.2 In the case of leasing/rental, the monthly leasing fee/rent is collected from the customer’s bank account as part of a direct debit mandate. Additional terms and conditions apply to leasing and renting, as already stated in section 1.1.
4.3 The customer only has a right to offset if his counterclaims have been legally established or recognized by AJRULI KOPIERSYSTEME GMBH.
4.4 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 generally made against prepayment and is dispatched to the delivery address specified by the customer; Collection from AJRULI KOPIERSYSTEME GMBH is not possible unless otherwise agreed.
5.2 The dispatch of purchased articles takes place regularly within five to seven working days in the case of packages, and within seven to ten working days in the case of forwarding delivery. The delivery of freight forwarding goods is “at ground level to the curb”. In the event of a delay in delivery, AJRULI KOPIERSYSTEME GMBH will inform the customer of the delay immediately.
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 has ordered can actually be delivered to him. If additional costs are incurred for the shipment due to incomplete or incorrect address data or other reasons attributable to the customer – in particular the costs of returning the goods and storage fees – the customer must reimburse these in full. Such a reason attributable to the customer exists in particular if the delivery repeatedly fails because the customer cannot be found on site and the goods are returned to AJRULI KOPIERSYSTEME GMBH.
5.4 In the case of deliveries to entrepreneurs, the risk of accidental loss and accidental deterioration of a sold item passes to the customer himself or a person entitled to receive it, and in the case of mail-order purchases to a suitable transport person when the goods are delivered. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the item sold always only passes when the goods are handed over to the consumer. The handover is the same if the customer is in default of acceptance.
5.5 In relation to consumers, AJRULI KOPIERSYSTEME GMBH retains ownership of the items sold until the purchase price has been paid in full, in the case of entrepreneurs until all claims from the current business relationship have been settled 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 notify AJRULI KOPIERSYSTEME GMBH immediately of access by third parties to the goods (e.g. in the event of a seizure) and any damage or destruction of the goods and to provide all information and documents necessary to safeguard the Owner’s rights are required. Third parties are to be informed of the foreign property. The customer must notify us immediately of any change in ownership of the goods subject to retention of title as well as his own change of residence during the retention of title.
5.8 If the customer acts in breach of contract – especially in the event of a default in payment or in the event of a breach of an obligation under Section 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 return of the (reserved) goods. The customer has to pay for the resulting costs.
5.9 The duties and obligations listed in Sections 5.6 and 5.7 also apply to rental or leasing contracts; reference is made to the legal consequences listed under Section 5.8.
5.10 If the contractual relationship ends due to withdrawal after breach of contract, for other reasons (e.g. termination agreement, etc.) or properly after the agreed contract period has expired because the contract is not extended, the customer must send the received goods to AJRULI KOPIERSYSTEME GMBH return. The customer is obliged to return the goods to AJRULI KOPIERSYSTEME GMBH at his 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 collected by AJRULI KOPIERSYSTEME GMBH, the customer has to pay a flat-rate collection fee of EUR 250.00 to be paid to them.
6. Notification of transport damage
6.1 The customer must check the delivered goods immediately for integrity and completeness. In the case of externally recognizable transport damage, the customer undertakes to note the damage on the respective shipping documents upon acceptance of the delivery and to have it acknowledged by the deliverer in the event that the delivery is nevertheless accepted; the packaging is to be retained.
6.2 If the (partial) loss or damage is not externally recognizable, the customer must report this to AJRULI KOPIERSYSTEME GMBH within five days of delivery or to the transport company within seven days of delivery in order to ensure that any claims against the transport company can be asserted in a timely manner.
6.3 The customer will support AJRULI KOPIERSYSTEME GMBH to the best of his ability insofar as claims are asserted against the relevant transport company or transport insurance.
6.4 Any rights and claims of the customer, in particular his rights in the event of defects in the item, remain unaffected by the provisions of Sections 7.1 and 7.3 of these General Terms and Conditions.
7. Warranty conditions
Any inquiries and/or complaints of any kind should be sent to AJRULI KOPIERSYSTEME GMBH using the contact details given above. Incidentally, the following warranties apply:
7.1 There is no warranty in the event of damage caused by improper installation, use or handling of the item. The same applies to so-called intentional wear and tear.
7.2 In accordance with the legal regulations, in the event of defects in the delivered item, the customer initially only has a right to supplementary performance.
7.2.1 In this respect, the consumer has the choice of whether subsequent performance is to take the form of repairs or a replacement delivery; however, AJRULI KOPIERSYSTEME GMBH is entitled to refuse the type of subsequent performance chosen if it is only possible with disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the consumer.
7.2.2 In relation to entrepreneurs, AJRULI KOPIERSYSTEME GMBH initially provides a warranty for defects in the goods, at its own discretion, by rectification or replacement.
7.3 The customer is not entitled to rectify a defect directly himself or to have it rectified by a third party (self-remedy); any expenses incurred as a result of such self-performance will not be reimbursed.
7.4 If the supplementary performance fails, the customer can choose to reduce the payment (reduction), cancel the contract (withdrawal), demand compensation or reimbursement of futile expenses according to the statutory provisions. If the customer chooses compensation, the limitations of liability according to Section 8 of these General Terms and Conditions apply.
7.5 The statute of limitations for the rights of a consumer in the case of defects in the case of new goods is two years from handover and in the case of used goods, in deviation from the statutory warranty period, one year from handover. The statute of limitations for the rights of an entrepreneur in the event of defects is one year from delivery in the case of new goods, in deviation from the statutory regulation, and is completely excluded in the case of used goods, in deviation from the statutory regulation (exclusion of any warranty). Relief of the statute of limitations associated with these deadlines does not apply if AJRULI KOPIERSYSTEME GMBH is liable in accordance with the liability provisions under Section 8 of these General Terms and Conditions or if the right in rem of a third party is involved, on the basis of which the surrender of the delivery item can be demanded.
7.6 Entrepreneurs must notify 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 the warranty claim is excluded. The timely dispatch of the notification of defects is sufficient to meet the deadline.
7.7 In the event of withdrawal from the contract, the customer bears the direct costs of returning the goods. In this respect, reference is expressly made to Section 5.10 sentences 2 to 4 and the conditions applicable there; these also apply here accordingly.
7.8 If a so-called “Bring in guarantee” – a six-month guarantee in the event of a defect – is agreed in writing and granted, the customer must bring the device to our premises for repair and pick it up again at his own expense. Does not apply to B2B transactions or export.
8. Liability
8.1 According to the statutory provisions, AJRULI KOPIERSYSTEME GMBH is fully liable for damage resulting from injury to life, limb or health that is based on an intentional or negligent breach of duty and for other damage that is based on an intentional or grossly negligent breach of duty or fraudulent intent. In addition, AJRULI KOPIERSYSTEME GMBH is fully liable for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act, and in the case of the assumption of guarantees.
8.2 AJRULI KOPIERSYSTEME GMBH is liable for damages that are not covered by Section 8.1 and which are caused by simple or slight negligence, insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose Compliance that the customer can regularly trust (so-called cardinal obligations). The liability of AJRULI KOPIERSYSTEME GMBH is limited to the foreseeable damage that is typical for the contract.
8.3 In the event of slightly negligent violations of such contractual obligations that are not covered by Section 8.1 or 8.2 (so-called insignificant contractual obligations), AJRULI KOPIERSYSTEME GMBH is liable to consumers – this is limited to the foreseeable damage typical of the contract.
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 General Terms and Conditions, he is entitled to the statutory right of withdrawal:
9.1 The customer has the right to withdraw from the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the customer or a third party named by him who is not the carrier took possession of the goods or – if several goods that the customer ordered as part of a single order, separately be delivered – on the day on which the customer or a third party named by him, who is not the carrier, took possession of the last goods.
In order to exercise the right of cancellation, the customer must inform AJRULI KOPIERSYSTEME GMBH of his decision to cancel the contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). He can use the attached sample revocation form for this, but this is not mandatory.
The revocation must be sent to:
AJRULI KOPIERSYSTEME GMBH
Dortmunder Str. 138 A
D-44577 Castrop-Rauxel
If the declaration of revocation is sent by e-mail, it must be sent to:
info@ajruli-kopiersysteme.de
To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
9.2 If the customer revokes this contract, AJRULI KOPIERSYSTEME GMBH has to repay all payments that it has received from him, including delivery costs, immediately and at the latest within fourteen days from the day on which it received notification of the cancellation of the contract is. For this repayment, AJRULI KOPIERSYSTEME GMBH uses the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with him; under no circumstances will fees be charged to him for this repayment. AJRULI KOPIERSYSTEME GMBH can refuse repayment until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is earlier. The customer must send back or hand over the goods to AJRULI KOPIERSYSTEME GMBH or hand them over to AJRULI KOPIERSYSTEME GMBH immediately and in any case no later than fourteen days from the day on which he informed AJRULI KOPIERSYSTEME GMBH of the cancellation of the contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of the (insured) return of the goods. The customer only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functionality of the goods.
9.3. If the customer wants to revoke the contract, he can fill out the following form and send it back to AJRULI KOPIERSYSTEME GMBH. However, the form is not mandatory:
– An AJRULI KOPIERSYSTEM GMBH, Dortmunder Str. 138 A, D-44577 Castrop-Rauxel | info@ajruli-kopiersysteme.de
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase/leasing/rental of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/ received on (*)
– Name of consumer(s)
– Address oft he consumer(s)
– Signature oft he consumer(s) (only if notification is made on paper)
– Date
______________________________
(*) Delete as applicable.
9.4. The revocation is excluded if goods are delivered that are not prefabricated, for the production of which an individual selection or determination by the customer is decisive, or which are clearly tailored to the personal needs of the customer. The revocation is also excluded for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery. The same applies to software in a sealed package.
10. Final provisions / place of jurisdiction
10.1 The law of the Federal Republic of Germany applies. For 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) do not apply.
10.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of AJRULI KOPIERSYSTEME GMBH, i.e. Castrop-Rauxel. The same applies 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 the action is filed. The authority of AJRULI KOPIERSYSTEME GMBH to appeal to the court at another legal place of jurisdiction remains unaffected.
10.4 The EU Commission offers the possibility of settling disputes 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 take part in dispute settlement procedures 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.