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Conditions uf use


axcom GmbH
Standard Terms and Conditions



§ 1 Contractual partners, scope of application

1. The contractual partners to the following Standard Terms and Conditions are axcom GmbH, Carl-Friedrich-Benz-Straße 15 in 47877 Willich and the Customer. The Standard Terms and Conditions apply irrespective of whether you are a consumer or an entrepreneur. Additional information on communications data and axcom GmbH’s legal representatives may be found in the Impressum under www.axcom-battery-technology.de.
2. All deliveries and services that axcom GmbH provides to Customers are made on the basis of the following Standard Terms and Conditions in the version that was in force at the time the order was placed.
3. Any contrary terms and conditions of the Customer are rejected. This will also apply should we not reject their application in each individual case.


§ 2 Conclusion of a contract

1. Our quotations are non-binding. We reserve the right to update the Internet pages of the online-shop at any time. All previous prices and other information on goods for future orders will cease to be to be valid once the website has been updated. Only the current version in force at the time of the order will apply.

2. All information describing the product as well as pictures, drawings, descriptions, data on dimensions, weight, performance and consumption as well as information with regard to the compatibility of equipment with new technologies contained in prospectuses or other documents are subject to change unless expressly described as binding This applies particularly to any changes and improvements made in the interests of technical progress. Minor deviations from such information describing the product are deemed to have been approved and do not affect the fulfilment of the contract, provided that they are reasonable from the Customer’s point of view.

3. The order placed by the Customer is binding. Orders placed by Internet are binding at the time the order is transmitted. The Customer is given the opportunity to check the order and to correct any errors he might have made when entering the order prior to transmitting an order by Internet. We will send the Customer a confirmation of the contents of the order by Internet as soon as it is received. This confirmation does not however constitute an acceptance of the order.

4. We are entitled to accept the offer to conclude a contract in the Customer’s order within two weeks by sending an order confirmation. Deliveries and the issue of an invoice are equivalent to a written order confirmation.


§ 3 Prices

1. As an entrepreneur, prices, excluding the applicable value added tax (currently 19%) and without the costs of postage and packing will be displayed on logging into our online-shop. Final prices including the applicable value added tax (currently 19%) but without the costs of postage and packing will be displayed to consumers. Not included in both cases are any customs duties and other charges that might be incurred on shipments to other countries and which the Customer is required to pay.

2. The following costs will be charged separately for postage and packing (dispatch costs):

a) Within Germany
We charge a lump-sum amount of EURO 6.50 on orders up to a value of EURO 250.00 for deliveries payable by invoice, pre-payment or direct debit, increased to EURO 11.00 in the case of payment by cash on delivery and EURO 8.40 on payment by credit card. We deliver orders with a value in excess of EURO 250.00 free of charge.

b) Deliveries to other countries are currently only possible on enquiry prior to the order. The relevant freight costs will then be calculated in each individual case and the Customer notified accordingly.

3. All prices stated, also for packaging and dispatch, only apply within Germany and only at the time of the order.


§ 4 Payment conditions

1. Our invoices are payable without deduction within 14 days.

2. Should payment in advance have been agreed, the Customer undertakes to pay the whole amount without deductions ten days at the latest after having received the order confirmation.

3. Bills of exchange will only be accepted subject to special agreement and then only without bank charges. We reserve the right to demand security or down-payments. We are entitled to reject the order should this not be granted. This will not absolve the Customer from his obligation to accept the goods.

4. The Customer is not entitled to net claims or to withhold payment unless the counter-claim is undisputed or has been established in law.

5. Should a Customer who is not a consumer be in arrears with his payments, we are entitled by law to charge a lump-sum amount of EURO 40.00 in addition to the damages incurred as a result of the arrears. This will however be deducted from any additional costs of pursuing the claim in law.

§ 5 Delivery costs; transfer of risk

1. The delivery will be made by shipment from our warehouse to the delivery address provided by the Customer.

2. We provide delivery times according to our best of our judgement but these are not binding. In particular, no claims may be made on us on account of delayed delivery. Assuming that the goods are available, orders we receive by midday will be processed on the same day and the goods made ready for delivery. Compliance with delivery times will be determined solely by the day on which we hand the goods over to the shipping company.

3. Should, contrary to expectations, a product ordered by a customer not be available, in spite of timely scheduling, for reasons for which axcom GmbH is not responsible, axcom GmbH is entitled to offer the Customer a product of an equivalent price and quality instead of the product ordered or to cancel the contract. axcom GmbH will notify the Customer immediately that the product is not available and, should the contract be cancelled, refund any payments already made by the Customer.

4. Should delivery delays be due to reasons for which axcom GmbH is not responsible (including force majeure) the delivery deadline will be extended as appropriate. The Customer will be notified immediately. Should the reasons for the delay last longer than four weeks after the conclusion of the contract, both parties are entitled to cancel the contract.

5. In the case of entrepreneurs, the risk of the accidental destruction and accidental deterioration of the goods sold will pass at the time the goods are delivered to the shipping company. In the case of consumers the risk of the accidental destruction and accidental deterioration of the goods sold will pass to the Customer at the time the goods are delivered to the Customer.
The risk of the accidental destruction and accidental deterioration of the goods sold will pass to the Customer even if he is in arrears in accepting the shipment.

§ 6 Right of cancellation

Should you be a consumer, you are entitled to cancel the order in accordance with the provisions of the law.

Caution on the right to cancel the order

Right of cancellation

You are entitled to cancel this contract within fourteen days without giving any reasons. The cancellation deadline is fourteen days from the day on which you or a third party named by you, who is not the shipper, has taken possession of the goods.

In order to exercise your right of cancellation, you must inform axcom GmbH

- RETURNS -

Carl-Friedrich-Benz-Straße 15
D-47877 Willich
Tel.: +49 (0) 2154 / 4838 - 0
Fax: +49 (0) 2154 / 4838 - 444
E-Mail: info@axcom-battery-technology.de


by way of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract.

In order to comply with the cancellation deadline, it is sufficient that you send notification of the exercise of the right to cancel before the cancellation deadline expires.

The consequences of cancellation

Should you cancel this Contract, we are required to reimburse all payments received from you, including delivery costs (excluding additional costs incurred due to your having chosen a method of delivery different from the most favourable method of delivery offered by us), immediately and within fourteen days at the latest from the date on which we received information of your cancellation of the contract.

We will use the same method of payment for this refund as you used for the original transaction unless anything else has been expressly agreed with you; on no account will you be charged a fee for this refund. We may withhold re-payment until we have received the returned goods or you have provided proof that you have returned the goods, depending on whichever occurs first.

You are required to send or to hand back the goods immediately and under all circumstances within fourteen days of the date on which you informed us of the cancellation to

axcom GmbH - RETURNS - Carl-Friedrich-Benz-Straße 15 D-47877 Willich.

Compliance with the deadline is ensured provided you send off the goods before the period of fourteen days expires. You are required to pay the direct cost of returning the goods. This will not apply should the nature of the goods make it impossible to return them by post. In this case, we will have the goods picked up at our expense.
You will only be required to compensate for any loss of value should this loss be due to unnecessary handling of the goods beyond examining their workmanship, qualities and how they function.

Exclusion of the right to cancel

There is no right to cancel contracts for the delivery of goods that are not pre-manufactured and that have been specifically selected or determined by the consumer or that have clearly been tailored to the consumer’s personal requirements.

End of the caution on the right to cancel the order


§ 7 Reservation of title


1. Goods ordered remain axcom GmbH’s property until paid for in full.

2. Prior to the transfer of title, the Customer is not permitted to re-sell, hire out, attach, process, convert or otherwise use the product or transfer ownership as collateral without axcom GmbH’s prior, express consent.

§ 8 Transport damage; the Customer’s obligation to inspect the goods and report defects

1. Should goods be delivered with obvious damage to the packaging or contents, the Customer is required to report this immediately to the shipper/freight service and to refuse to accept the goods. In addition, axcom GmbH must be contacted immediately.

2. The following applies solely to companies: the Customer is required to inspect the goods carefully as soon as they are received. The goods delivered will be deemed to have been accepted by the Customer should we not have been notified of a defect (i) within two weeks of delivery in the case of obvious defects or (ii) otherwise within two weeks of the discovery of the defect.

§ 9 Warranty

1. Unless anything to the contrary is stated hereafter, the Customer’s rights against axcom GmbH in the event of defects in the goods delivered are governed by the provisions of the law.

2. Damage caused by improper use or use contrary to the contract on the part of the Customer as a result of the display, connection, operation or storage of the products will nullify all claims against axcom GmbH. Improper use or use contrary to the contract will be determined particularly with regard to the manufacturer’s instructions.

3. In the case of new products, the warranty period is two years from the time of delivery should the Customer be a consumer and otherwise one year.

4. Should a consumer have bought a used product, claims due to defects expire one year from the time the goods are received. Warranty claims are excluded should an entrepreneur have purchased a used product.

§ 10 Liability

1. axcom GmbH is only liable in cases of intent and gross negligence.

2. Should a breach of obligations be due to simple negligence and should an essential contractual obligation (i.e. a contractual obligation the fulfilment of which enables the contract to be properly executed at all and on the fulfilment of which you as a Customer must always be able to rely) be culpably infringed, axcom GmbH’s liability to pay compensation will be limited to foreseeable damage that typically occurs in comparable cases.

3. Except in cases of deliberate intent and gross negligence, our liability for delivery delays is limited to an amount of 5% of the relevant purchase price (including value added tax).

4. Otherwise, liability is excluded. The above limitations and exclusions of liability do not however apply in the event of death, injury to health or the body, for guarantees given and in accordance with the German Product Liability Law.

§ 11 Legal venue, jurisdiction

1. Should the Customer be a businessman, a civil law legal entity or public law special assets, the courts in Krefeld have sole jurisdiction in all disputes arising from or in connection with the contractual relationship concerned. In all other cases, we or the Customer may sue before any court responsible in accordance with the provisions of the law.

2. The law of the Federal Republic of Germany will apply to the exclusion of UN purchasing law. Should you have placed the order as a consumer and should your normal place of residence at the time the order was placed be located in some other country, the choice of law made in sentence 1 will not affect the application of mandatory provisions of the law of this country.




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axcom GmbH / Carl-Friedrich-Benz-Straße 15 / D-47877 Willich
Telefon: +49 (0)2154 4838 - 0 / Fax: +49 (0)2154 4838 - 444

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