1.1 Customers within the meaning of these General Terms and Conditions (GTC) may be both consumers and entrepreneurs.
1.2 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
1.3 A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
2 Offer, conclusion of contract
The products and services listed by the seller within the online shop do not constitute binding offers for the seller; rather, they are an invitation to the customer to submit a binding offer.
2.1 The customer has the option of contacting the seller by e-mail, by post, by fax (if available) or by telephone in order to submit an offer to the seller. Of course, the customer can also use the contact for general questions about the item without submitting a contract offer to the seller. If the customer submits a written or verbal offer to the seller by e-mail, post or telephone, the customer thereby submits a binding offer for the requested item. The seller will confirm receipt of the request to the customer immediately by e-mail or letter.
2.2 By sending an order from the "virtual shopping basket", the customer places a binding order for the items contained therein. The seller will confirm receipt of this order to the customer immediately by e-mail.
2.3 The purchase contract is concluded with the express acceptance of the offer or the order in text form or delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer's contract offer within two working days after receipt of the customer's e-mail, letter or order via the shopping basket.
3. prices, shipping costs
All prices quoted are total prices including VAT or differential tax according to § 25a UStG plus shipping costs. The costs for packaging and shipping can be found in the respective offer.
4. retention of title
The goods delivered by the seller remain his property until full payment has been made.
5. means of payment; delivery; delivery restrictions; shipping costs; transfer of risk
5.1 Various payment methods are available to Customers, which are indicated on the Seller's respective offer page.
5.2 If prepayment by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.4 Delivery shall be made at the shipping costs stated in the item description. We will point out any delivery restrictions, if these exist.
5.5 If the customer is a consumer, the seller shall bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment shall pass to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.
6. cancellation policy
Right of withdrawal
You have the right to cancel this contract within 30 days without giving any reason. The withdrawal period is 30 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must contact me at the following address
Mr Jan Jerzy Kolegowicz
Schwerter Str. 26
Phone:+49 2331 976820
Fax:+49 2331 9768278
by means of a clear declaration (e.g. a letter sent by post, telephone, fax or e-mail) 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 that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the 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 from the day on which we received the 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 or hand over the goods 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 end of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form). To:
Mr Jan Jerzy Kolegowicz
Schwerter Str. 26
Fax:+49 2331 9768278
I hereby revoke ( ) the contract concluded by me ( ) for the purchase of the
the following goods ( ) / the provision of the following service ( )
Ordered on ( ) / received on ( )
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable.
7.1 Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:
The right of withdrawal expires prematurely, unless otherwise agreed by the parties, for the following contracts:
7.2 Please avoid damage and contamination of the goods. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
7.3 Please note that the aforementioned clause 7.2 is not a prerequisite for the effective exercise of the right of withdrawal._
8. value replacement in the event of revocation
In the event of a revocation of the contract, the customer shall, notwithstanding Section 346 (2) No. 3 of the German Civil Code (BGB), pay compensation for any loss in value of the goods if the loss in value is due to handling of the goods which was not necessary for testing the quality, characteristics and functioning of the goods and we have informed the customer of his right of revocation in accordance with Article 246a Section 1 (2) Sentence 1 No. 1 of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch).
9. liability for defects, warranty rights, liability
9.1 There is a statutory right of liability for defects for all our goods. Any guarantees do not limit the statutory warranty claims. The provisions of the statutory liability for defects shall apply unless otherwise stated in the following provisions. In deviation from this, the following applies to contracts for the delivery of goods:
9.2 If the customer acts as a consumer, then the following applies to contracts for the delivery of used goods: The limitation period for claims for defects is 1 year from the delivery of the goods if the customer was specifically informed of this before submitting his contractual declaration and the reduction was expressly and separately agreed in the contract.
9.3 If the client acts as an entrepreneur, then
- the limitation period for defects in new goods is 1 year from delivery of the goods;
- the rights and claims due to defects are excluded in the case of second-hand goods;
- the seller has the choice of the type of supplementary performance;
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
9.4 The limitations of liability and shortening of time limits set out in 9.2. and 9.3. do not apply to
- Claims for damages and reimbursement of expenses by the customer,
- the case that the seller has fraudulently concealed the defect,
- Goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
9.5 If the customer is acting as a consumer, then he is requested to complain about delivered goods with recognisable, obvious transport damage directly to the deliverer and to inform the seller about this. If the customer does not comply with this request, this will of course have no effect on his legal or contractual claims for defects. In this way, however, the customer helps us to assert our claims against the transport company.
9.6 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
10. consumer information in distance contracts for the purchase of goods
10.1 The seller is not subject to any codes of conduct.
10.2 The essential features of the goods offered by the Seller as well as the period of validity of limited offers can be found in the individual product descriptions within the scope of the Internet offer. The language available for the conclusion of the contract is exclusively German.
10.3 Complaints and warranty claims can be made at the address given in the supplier identification. Please refer to the offer for information on payment, delivery or fulfilment.
10.4 Order processing
10.4.1 Orders by e-mail, post or telephone
Via the seller's website, you can first contact the seller as described under 2.1 in order to submit a binding offer or to ask him a general question about an item. Your declaration only becomes binding when, for example, you have sent the e-mail or letter with your enquiry and your message is thereby transmitted to the seller. Until then, you have the option of recognising and correcting your entries or cancelling the enquiry to the seller by leaving the order form, deleting the e-mail or disposing of the letter.
10.4.2 Orders via shopping cart system
At Online shopfirst place the selected goods in the shopping basket. Once you have selected all the desired items, you can start the order process by clicking on the shopping basket symbol.
10.5 Contract text storage in the online shop
The seller does not save the text of the contract itself after conclusion of the contract and the seller does not make the text of the contract accessible to the customer. However, after conclusion of the contract, we will send the customer an order confirmation with all details to the postal address or e-mail address provided by you, in which you will once again be informed of all the essential data of your order, our General Terms and Conditions, your cancellation policy. You have the option of printing out both the General Terms and Conditions and your order with all the data entered during the ordering process. Using the print function of your browser, you also have the option of printing out the text of the contract. You can also save the text of the contract by clicking on the right mouse button to save the Internet page on your computer. After completion of the order processing, the contract text is no longer accessible to you.
11. final provisions
11.1 The law of the Federal Republic of Germany shall apply to the contractual relationship between the Seller and the Customer as well as to the respective terms and conditions. If the customer is a consumer, the applicable statutory regulations and rights in favour of the consumer under the law of the customer's country of residence shall remain unaffected by this agreement. The application of UN sales law is excluded.
11.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Euroholz. If the customer has its registered office outside the territory of the Federal Republic of Germany, the registered office of Euroholz shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the aforementioned cases, however, Euroholz shall in any case be entitled to bring the matter before the court at the place of the customer's registered office.
11.3 If the aforementioned provisions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.
12. information for consumers on out-of-court dispute resolution
12.1 Duty to inform under the ODR Regulation (Art. 14 (1) ODR Regulation)
12.2 Duty to provide information in accordance with the Consumer Dispute Resolution Act (§ 36 VSBG)
I am not obliged to participate in a dispute resolution procedure before a consumer arbitration board and am generally not prepared to do so.
Since 2005, we have specialised in the sale of various construction machines and attachments. In our offer you will find numerous new or used products, such as excavator buckets, long reach arms, front buckets, attachment frames, grabs and grab adapters, slewing motors, arm extensions, ripper teeth, rakes and rakes quick couplers as well as augers and motors.
EUROHOLZ J. J. Kolegowicz
Schwerter Str. 26
Tax no.: DE 814-531-911
IBAN: DE 87 4507 0024 0707 3299 00
SWIFT: DEUT DE DB 450