General terms and conditions
I. Scope of Application
Contracts with us, VarioTek GmbH, are only agreed upon under the following General Terms and Conditions (GTC), unless we agree otherwise in detail with you, the specialist dealer (hereinafter referred to as such). Our GTC thus also apply to all future business relations, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or services.
Counter-confirmations on your part with reference to your terms and conditions are hereby contradicted. Your General Terms and Conditions of Contract shall only become the subject matter of the contract if they have been expressly accepted by us
II. conclusion of the contract
The contract is concluded by your order and the delivery of the goods by us. Your contractual partner is
VarioTek GmbH, represented by the managing director Karim Kabir Wiesenstraße 21A, 40549 Düsseldorf, Germany.
Your order is merely an offer to conclude a contract. Our offers are subject to change and non-binding. Declarations of acceptance and all orders must be confirmed by us in writing or by telex in order to be legally effective. Drawings, illustrations, dimensions, weights, shape and colour specifications, calculations or other performance data are only binding if this is expressly agreed in writing. We reserve the ownership and copyright to cost estimates, drawings, photographs, calculations and other documents; they may not be made accessible to third parties.
III. Delivery / Transfer of Risk
We shall not be responsible for delays in delivery and performance due to force majeure and due to events which make delivery considerably more difficult or impossible, not only temporarily – this includes in particular strikes, lockouts, official orders, etc., even if they occur at our suppliers or their sub-suppliers – even in the case of bindingly agreed deadlines and dates. They entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
If the impediment lasts longer than three months, the specialist dealer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if we are released from our obligation, the specialist dealer cannot derive any claims for damages from this. We may only invoke the aforementioned circumstances if we notify the specialist dealer immediately.
Sofern wir die Nichteinhaltung verbindlich zugesagter Fristen und Termine zu vertreten haben oder wir uns in Verzug befindet, hat der Fachhändler Anspruch auf eine Verzugs- entschädigung in Höhe von 3 % für jede vollendete Woche des Verzuges, insgesamt jedoch höchstens bis zu 15% des Rechnungswertes der vom Verzug betroffenen Lieferungen und Leistungen. Darüber hinausgehende Ansprüche sind ausgeschlossen, es sei denn, der Verzug beruht auf zumindest grober Fahrlässigkeit unsererseits. Wir sind zu Teillieferungen und Teilleistungen jederzeit berechtigt, es sei denn, die Teillieferung oder Teilleistung ist für den Fachhändler nicht von Interesse.
Die Einhaltung unserer Liefer- und Leistungsverpflichtungen setzt die rechtzeitige und ordnungsgemäße Erfüllung der Verpflichtungen des Fachhändlers voraus. Kommt der Fachhändler in Annahmeverzug, so sind wir berechtigt, Ersatz des uns entstehenden Schadens zu verlangen; mit Eintritt des Annahmeverzugs geht die Gefahr der zufälligen Verschlechterung und des zufälligen Untergangs auf den Fachhändler über.
Die Gefahr geht spätestens mit der Absendung der Ware auf den Fachhändler über, und zwar auch dann, wenn Teillieferungen erfolgen oder wenn wir noch andere Leistungen, z. B. die Versendungskosten übernommen haben. Verzögert sich der Versand infolge von Umständen, die wir nicht zu vertreten haben, so geht die Gefahr vom Tage der Versandbereitschaft auf den Fachhändler über. Wird der Versand auf Wunsch des Fachhändlers verzögert, geht die Gefahr mit der Meldung der Versandbe- reitschaft auf ihn über.
IV. Prices / Payment
In the absence of a special agreement, the prices confirmed by us are ex works plus the respective statutory value added tax, but excluding packaging, freight, postage and insurance.
If, after conclusion of the contract, there is a significant change in price factors, in particular materials, subcontracted parts, wages, social security contributions, energy costs, sales and transport tax or customs duties, we shall be entitled to increase the prices stated in the order confirmation accordingly for goods to be delivered more than four months after conclusion of the contract. If the price increase amounts to more than 5% of the price stated in the order confirmation, the specialist dealer is entitled to withdraw from the contract within two weeks of notification of the price change.
Unless otherwise agreed, our invoices are payable without deduction 10 days after the date of invoice. If we become aware of circumstances which call into question the creditworthiness of the specialist dealer, in particular if the specialist dealer does not honour a cheque or stops his payments, we shall be entitled to call due the entire remaining debt, even if we have accepted cheques. In this case, we shall also be entitled to demand advance payments or the provision of security. The specialist dealer shall only be entitled to set-off, retention or reduction, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. However, the specialist dealer is also entitled to withhold payment due to counterclaims from the same contractual relationship.
V. Warranty conditions / liability
The specialist dealer must give written notice of obvious defects within one week of receipt of the goods. Defects are obvious if they are recognisable without careful examination of the goods. After expiry of the deadline, the specialist dealer can no longer assert warranty claims due to obvious defects. The statutory limitation period shall apply to defects that are not obvious.
Our liability for damages in the event of a breach of material contractual obligations and in tort shall be limited to typically occurring and foreseeable damages, unless we are guilty of gross negligence or intent. The same applies if our legal representatives or vicarious agents act and cause damage. Our liability for damages and that of our legal representative or vicarious agent in the event of a breach of ancillary obligations shall be excluded unless we, our legal representative or vicarious agent are guilty of gross negligence or intent. The limitation and exclusion of our liability for damages shall not apply to damage to body, health or loss of life.
In all other respects, the statutory warranty rights shall apply.
VI. Retention of title
The goods sold remain our property until the purchase price has been paid in full. Upon payment of the last instalment, ownership of the goods shall pass to the specialist dealer without further ado.
The specialist dealer is entitled to process and sell the goods subject to retention of title in the ordinary course of business as long as he is not in default. Pledges or transfers of ownership by way of security are not permitted. The claims arising from the resale or any other legal reason (insurance, tort) with regard to the goods subject to retention of title (including all current account balance claims) are already now assigned to us in full by the specialist dealer by way of security. We revocably authorise the specialist dealer to collect the claims assigned to us for his account in his own name. This collection authorisation can only be revoked if the specialist dealer does not properly fulfil his payment obligations.
Should a third party assert rights to the goods subject to retention of title by seizure or attachment, the specialist dealer is obliged to inform the third party immediately in writing of the fact of our ownership and to inform us immediately in writing.
VII. Other provisions
The law of the Federal Republic of Germany shall apply to these terms and conditions and the entire legal relationship between us and the specialist dealer. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
Insofar as the specialist dealer is a merchant, a legal entity under public law or a special fund under public law, Düsseldorf shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
Should a provision in these terms and conditions or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
The specialist dealer agrees that we may store data relating to him insofar as it is necessary for the proper processing of orders.
§ 1 Scope of application
These General Terms and Conditions (GTC) apply to all contracts between us and our customers in the online shop www.variotek.de/ www.trackilive.com unless otherwise agreed or mandatory by law. The General Terms and Conditions apply exclusively. Conflicting conditions of the buyer are not recognised by us. The shop www.variotek.de is subject to the regulations of the Warning letter of protection and is an audited online shop.
§ 2 Contractual partner
The purchase contract is concluded with VarioTek GmbH, represented by the managing director Karim Kabir, Wiesenstraße 21 a, 40549 Düsseldorf.
§ 3 Customer service hours
You can reach the customer service for complaints, objections, questions and advice on working days from 10.00 a.m. to 3.00 p.m,
by telephone on: +49 (0) 211 – 508630 – 0 by fax on: +49 (0) 211 – 508630 – 29 and by email on: info@variotek.de
§ 4 Conclusion of the contract
The product images in the online shop represent an invitation to submit a purchase offer. Individual products can be placed in the shopping cart by clicking the “Shopping Cart” button and, if necessary, removed again using the delete function. Input errors can be corrected at any time before the order process is completed using the usual keyboard and mouse functions. By entering the personal data and confirming that you have taken note of our General Terms and Conditions and data protection information and accept both, and by clicking the “Buy” button in the final step of the ordering process, a binding order is placed for the goods contained in the shopping basket.
Confirmation of receipt of the order will be sent by email immediately after it has been sent. This does not constitute acceptance of the contract. Instead, the contract is accepted by sending an order confirmation by email or by delivering the goods within five working days. If you do not receive the order confirmation or delivery of goods within five working days, you are no longer bound to your order. Input errors can be identified before the final submission of the offer by checking the summary order overview and corrected after pressing the “Back” button of the browser on the previous page.
§ 5 Prices and shipping costs
The prices stated on the product pages are final prices. They include the statutory value added tax and other price components. The shipping costs are to be borne separately by you. The exact amount of the costs incurred will be displayed during the ordering process and can be read under the link “Shipping costs” in the table of shipping costs. For deliveries outside the EU, additional customs duties and taxes may apply.
§ 6 Payment methods
You have the following payment options: Bank transfer, PayPal.
For the payment methods bank transfer, transfer via PayPal the payment is due immediately after conclusion of the contract. After receipt of the purchase price, the items will be delivered to the customer. If you pay by credit card or direct debit via PayPal, your account will be debited after conclusion of the contract.
§ 7 Delivery, Terms of Delivery
Delivery shall be made by dispatch to the delivery address specified by you. For the delivery time, please refer to the information for the respective product.
§ 8 Transport damage
If an item is delivered to you that has obvious transport damage, please complain about this immediately to the delivery company and inform us of this. If you do not do this, it has no consequences for your legal warranty rights, this only serves to make it easier for us to enforce any claims against the carrier.
§ 9 Storage of the contract text
We store the order data and the text of the contract. When the order is completed, the text of the contract is no longer accessible via the Internet for security reasons. By using the print function of your browser you have the possibility to save the text yourself. You can view the general terms and conditions at any time on this page.
After completion of the order, the order data and the GTC including the cancellation policy and the cancellation form will be sent to you by email.
§ 10 Warranty / Guarantee
The warranty is provided in accordance with the statutory provisions.
We do not give our own guarantees for our products. Manufacturers regularly grant guarantees on their products, which are usually valid for 24 months. For details, please refer to the manufacturer’s warranty conditions, which are enclosed with the delivery of the goods. Your warranty rights against us are not limited by this. In the event of defects in the item, you can therefore make a claim against us at any time within the framework of the statutory warranty provisions, irrespective of the manufacturer’s warranty claim.
Insofar as the use of our products (hardware and/or software) requires Internet functions and/or GPS technology, we have no influence on the functionality of either and therefore exclude any liability in this respect. Claims for repayment of subscription fees are also excluded in this respect.
§ 11 Final Provisions
The law of the Federal Republic of Germany shall apply. The provisions on the UN Convention on Contracts for the International Sale of Goods shall not apply. In relation to consumers, this choice of law shall only apply insofar as you are not thereby deprived of more favourable provisions of the law of the state in which you have your habitual residence. The contractual language is German.
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
Cancellation policy
As a consumer, you have a right of revocation in accordance with the following instructions: Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must send us
VarioTek GmbH Wiesenstraße 21 a
40549 Düsseldorf
Tel.: +49 (0) 211 – 508630 – 0
Fax: +49 (0) 211 – 508630 – 29
Email: info@variotek.de
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us or hand them over to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functionality of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
for the delivery of goods that can spoil quickly or whose expiry date would soon be exceeded,
for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature,
for the delivery of sound or video recordings or computer software
in a sealed pack if unsealed after delivery.
End of revocation