Terms & Condition
General Terms and Conditions and Customer Information
As of November 19, 2019
I. General Terms and Conditions
Section 1 Basic Terms and Conditions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (Battery Group Limited) via the website www.batterygroup.co.uk. Unless otherwise agreed, the inclusion of any of your own terms and conditions will be objected to.
2. For the purposes of the following rules, a consumer shall be any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur is any natural or legal person or partnership with legal rights that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
Section 2 The object of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract. (2) You can make a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping basket". You can use the corresponding button in the navigation bar to access the "shopping cart" and make changes there at any time. After accessing the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the option to check all information here again, to change it (also via the function "back" of the internet browser) or to cancel the purchase. By submitting the order via the "order with payment" button, you make a binding offer with us. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a message, you will no longer be bound by your order.
Any services already provided will be refunded immediately in this case.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent you from receiving the e-mails.
Section 3 Right of retention, retention of title (1) You can only exercise a right of retention if the claims are from the same contractual relationship. (2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition: a) We reserve ownership of the goods until all claims arising from the current business relationship have been fully satisfactory.
Prior to the transfer of ownership of the reserved goods, pledging or transfer of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you will already assign to us all claims in the amount of the invoice amount that accede to you as a way of resale, we will accept the assignment. They are still authorised to recover the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed goods at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%.
It is up to us to select the collateral to be released.
Section 4 Warranty (1) The statutory liability for defects exists.
(2) As a consumer, you are asked to check the item immediately for completeness, obvious defects and transport damage upon delivery and to notify us and the freight forwarder of any complaints as soon as possible.
Failure to do so will have no effect on your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the following applies by way of derogation from the above warranty regulations:
a) Only our own information and the manufacturer's product description shall be deemed to have been agreed upon, but not other advertising, public advertisements and statements by the manufacturer.
b) In the event of defects, we shall, at our option, provide warranty by rectification or subsequent delivery. If the defect rectification fails, you can demand a reduction at your choice or withdraw from the contract. The rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless otherwise stated, in particular, by the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the time limit does not apply: - culpably caused damage from injury to life, body or health and in case of intentionally or grossly negligently caused other damages;
- insofar as we have fraudulently concealed the defect or provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with its usual use and which have caused its defectiveness,
- - in the case of statutory recourse claims that you have against us in connection with rights of defects.
Section 5 Choice of law, place of performance, place of jurisdiction (1) Austrian law applies.
In the case of consumers, this choice of law applies only insofar as it does not deprive the protection afforded by mandatory provisions of the law of the state of habitual residence of the consumer (principle of favourability).
(2) The place of performance for all services arising from the existing business relations and the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law.
The same applies if you do not have a general place of jurisdiction in the UK or the EU, or if your domicile or habitual residence is not known at the time the action is brought. This shall not affect the power to bring proceedings before the court at another legal place of jurisdiction. (3) The provisions of the UN Convention on Contracts for the Sale of Goods expressly do not apply.
II. Customer information 1. Identity of the seller Battery Group Limited, Unit 6 Capitol Court, Dodworth, Barnsley, S75 3UB. Telephone: 01226 885050 E-mail: email@example.com.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction are carried out in accordance with the provisions "Creation of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is English.
3.2. The complete contract text is not saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out via the print function of the browser or saved electronically. After receipt of the order from us, the order data, the legally required information in the case of distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and will be additionally borne by you, unless the free delivery is promised.
5.3. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated in the case of the individual payment methods, the payment entitlements arising from the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item will not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or an other person designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch will be at your risk.
7. Legal liability for defects The liability for defects is governed by the "Guarantee" provision in our General Terms and Conditions (Part I).
Last updated: 19/11/2019