MAKITA Battery Replacement for MAKITA ML704 (FlashLight), MAKITA CL070, CL072, DF010, GN900, TD020, TD021 Power Tools Battery

General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Place of Jurisdiction
10. Alternative Dispute Resolution

1. Scope
   1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of XXX GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller concerning the goods displayed in the Seller's online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
   1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
   1.3 An entrepreneur within the meaning of these GTC 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.

2. Conclusion of Contract
   2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
   2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic order process, submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the order process.
   2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.
  If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
  2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online order process, the Seller hereby accepts the Customer's offer at the time the Customer clicks the button concluding the order process.
  2.5 When an offer is submitted via the Seller's online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. There is no further access to the contract text by the Seller. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.
  2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button concluding the order process.
  2.7 Only the German language is available for the conclusion of the contract.
  2.8 Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered, especially when using SPAM filters.

• 3. Right of Withdrawal
     3.1 Consumers generally have a right of withdrawal.
     3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

  4. Prices and Payment Conditions
     4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
     4.2 The payment options are communicated to the Customer in the Seller's online shop.
     4.3 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.

  5. Delivery and Shipping Conditions
     5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.
     5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the original dispatch if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation in the Seller's cancellation policy applies if the Customer exercises their right of withdrawal effectively.
     5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally not pass to the Customer until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer when the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
     5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded immediately.
     5.5 Pickup by the Customer is not possible for logistical reasons.

  6. Retention of Title
     If the Seller makes an advance payment, they retain title to the delivered goods until the purchase price owed has been paid in full.

  7. Liability for Defects (Warranty)
     7.1 Unless otherwise stated in the following provisions, the statutory liability for defects applies. Deviating from this, in the case of contracts for the delivery of goods:
     7.2 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of supplementary performance;
  • the limitation period for defects in new goods is one year from delivery of the goods;
  • rights and claims due to defects are excluded for used goods;
  • the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
    7.3 The above-mentioned limitations of liability and shortening of the period do not apply
  • to claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • for goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
    7.4 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any statutory recourse claims remain unaffected.
    7.5 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
    7.6 If the Customer acts as a consumer, they are requested to claim delivered goods with obvious transport damage to the deliverer and inform the Seller accordingly. Failure to comply with this request does not affect the Customer's statutory or contractual claims for defects.
    8.Applicable Law
    For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
    9.Place of Jurisdiction
    If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer is based outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the above cases, the Seller is also entitled to appeal to the court at the Customer's place of business. 

  • 10.Alternative Dispute Resolution
    10.1 The EU Commission provides a platform for out-of-court online dispute resolution, which is available at https://ec.europa.eu/consumers/odr. This platform serves as a point of entry for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
    10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.