SUPPLEMENTAL TERMS AND CONDITIONS
for the
TEST SHOP (Online shop of TesT GmbH)
for
SUPPLY OF MACHINES,
MECHANICAL, ELECTRICAL AND ELECTRONICAL DEVICES
AND ACCESSORY
These conditions were compiled for deliveries in context of business transactions that are concluded on basis of an initiation at the online shop of TesT GmbH (hereinafter referred to as TesT Shop; www.test-web-shop.com).
I. Coverage
1. These Supplemental Terms and Conditions for the TesT Shop relate to transactions that are concluded with a person who acts in his/her commercial or independent professional activity at the moment of concluding the contract ("Unternehmer" according to § 14 German Civil Code, hereinafter referred to as “business customer”) and they relate to transactions that are concluded with a corporate body under public law or with special assets under public law.
2. This TesT Shop exclusively addresses to the above-mentioned group of persons. Additional precondition for a purchase at the TesT Shop is a valid VAT Reg.No. for deliveries abroad within European Union. Private customers (consumers = “Verbraucher” within the meaning of § 13 German Civil Code) are thus excluded from business transactions that are initiated through the TesT Shop. If a private customer will nevertheless render an order through the TesT Shop the TesT GmbH as its holder will not be able to confirm this order.
II. Preface
1. These Supplemental Terms and Conditions for the TesT Shop pose an addition for the General Terms and Conditions about delivery of machines, mechanical, electrical and electronical devices and accessory of TesT GmbH. The mentioned General Terms and Conditions are as well valid for all business transactions that are initiated through the TesT Shop.
2. In addition, also the Supplemental Terms and Conditions for the TesT Shop form the basis of all business transactions that are initiated through the TesT Shop. Initiation means in this context that a business customer renders a legally binding order at the TesT Shop that subsequently requires a written order confirmation on the part of TesT GmbH.
III. Ordering, Conclusion of contract
1. A purchase contract materializes by an offer of contract and an acceptance of contract. The presentation of goods at the TesT Shop is still no offer of contract in the legal sense. It is simply an advertising of goods, the so-called "invitatio ad referendum" (in English approx. the "invitation to submit an offer of contract"). Thus the purchase contract reaches legal binding within the moment in which TesT GmbH accepts the binding order submitted by a business customer at the TesT Shop (= offer of contract) by sending him / her a written order confirmation (= acceptance of contract).
2. After the business customers has rendered his/her binding order at the TesT Shop by clicking the button „Buy“ in step 5 he/she will receive an automatically generated e-mail containing the note that his/her order has successfully arrived at the TesT Shop (Order arrival notice). This e-mail is not valid as order confirmation.
3. When the business customer’s order has arrived at TesT GmbH it will be checked and processed immediately. If this checking proves satisfactory the business customer will then receive a written order confirmation from TesT GmbH via e-mail. In case of inconsistencies regarding availability, products or prices the TesT GmbH reserves the right to inform the business customer and to send him/her a modified order confirmation. The business customer then has the possibility to accept this modified order confirmation or to withdraw from the purchase contract. Alternatively the TesT GmbH reserves the right to withdraw from the purchase contract.
IV. Delivery times
Delivery times stated at the TesT Shop have generally to be considered. They are kept as up-to-date on the part of TesT GmbH as it is possible. However, these statements can only be estimated. Subject to the goods being unsold. The delivery times specified in the written order confirmation are binding.
V. Protection of data privacy, Security
1. Responsible entity for data processing is TesT GmbH, Helena-Rubinstein-Str. 4, 40699 Erkrath. Managing Directors are: Dipl.-Ing. Therese Havemann, Dr. Axel Hunsche. Further details of the responsible entity are provided in the TesT Shop under Company Details.
2. Usage of data: We will use the data provided by you to fulfill and process your order. In addition, your e-mail address will possibly be used by us to inform you about news and offers relating to the TesT Shop. If you do not wish to receive information by e-mail you will find a note in every of such e-mails by means of which you can disagree and be able to unsubscribe from future emails. If you have subscribed to our newsletter during your registration you will be able to login to your customer login at any time to remove the check box for the newsletter subscription (under Data / settings).
A transfer of your data will happen to the shipping company that is entrusted with delivery, so far as it is necessary for the delivery of your ordered products (only name, address, possibly phone number for the coordination of delivery). For the handling of payments your payment details will possibly be transferred to our main bank. A transfer of your data to other third parties will not happen.
If you use the customer account (login): You can view your transacted orders after login to your account, as well as change your customer data and your password. To delete your customer account and erase your customer data just send an informal e-mail to datenschutz@test-web-shop.com.
3. Security: Your personal data will be transferred via the internet, encrypted using 128 bit SSL. We secure our website and other systems through technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. Despite regular checks, a complete protection against all threats is not possible.
4. Disclosure: You have the right to receive free information about your stored data as well as (if necessary) the right of correction, blocking or erasure of data. For questions regarding the collection, processing or use of personal data, for disclosure, correction, blocking or erasure of data, please contact us via email to datenschutz@test-web-shop.com or send your request by post or fax.
5. Use of Google Analytics: This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.
In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.
Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
The IP-address that your browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.
As an alternative to the browser Addon or within browsers on mobile devices, you can click this link in order to opt-out from being tracked by Google Analytics within this website in the future (the opt-out applies only for the browser in which you set it and within this domain). An opt-out cookie will be stored on your device, which means that you'll have to click this link again, if you delete your cookies.
