General Terms & Conditions
1. Area of application
The following General Terms & Conditions exclusively apply to the business relations between Chamberlain GmbH (hereinafter referred to as "Chamberlain") and the customers of the online shop. Chamberlain does not recognise any deviating terms and conditions of the customer unless Chamberlain expressly agrees to them in writing.
2. Conclusion of contract
a) Contracts can only be concluded via www.chamberlain.de/homelink/ in German, English, French, Spanish or Italian.
b) The offers made by Chamberlain on the pages of its online shop are non-binding and without obligation unless Chamberlain has expressly designated them as binding in writing.
c) The customer's order, triggered by clicking the [Buy now] button, is a legally binding offer to Chamberlain to conclude a purchase contract. The customer can view and change the details at any time before sending the order. A binding order can only be submitted if the customer has accepted these General Terms & Conditions by clicking the [Buy now] button.
d) After sending the order, the customer will receive an e-mail from Chamberlain confirming the receipt of the order and listing its individual details (order confirmation). The purchase contract is concluded with the sending of this order confirmation.
e) Chamberlain will send the invoice to the customer in a separate mailing.
3. Prices/shipping costs/return costs
a) All prices quoted on the website include the respective applicable sales tax plus the shipping costs listed separately. Detailed information about the shipping costs can be found here: http://www.chamberlain.de/homelink/Zahlungs_und_Versandinformationen_en.pdf
b) If the customer exercises the legal right of withdrawal then the customer will bear the direct costs for returning the goods.
4. Payment terms and default on payment
a) The payment for the goods is done in advance either by bank transfer or PayPal. There is no extra cost for the customer for either payment method.
b) When paying in advance, the customer shall pay the purchase price upon receipt of order confirmation and before the shipment of the goods. If paying by PayPal, the customer will be automatically routed to the PayPal website to confirm the payment after entering his or her login and password.
c) If the customer is in default of payment then Chamberlain is entitled to demand an interest rate of 5 percentage points above the base interest rate per year for the time concerned. Chamberlain reserves the right to submit evidence of greater damages.
d) The customer shall only be entitled to a right of set-off if the customer's counterclaims have been determined without further legal recourse or are uncontested by Chamberlain. In addition, the customer is entitled to exercise a right of retention only insofar as the customer's counterclaim is based on the same contractual relationship.
5. Delivery/partial delivery
a) Unless otherwise agreed, the ordered goods shall be delivered to the shipping address specified by the customer.
b) Partial deliveries are only permissible if the partial delivery is applicable for the customer within the framework of the intent of the contractual provision, if the delivery of the remaining ordered goods is guaranteed and if the customer will incur no additional costs.
c) Deliveries are made within the European Union as well as to Switzerland. Information on the terms and conditions for delivery including details on delivery times can be found here: http://www.chamberlain.de/homelink/Zahlungs_und_Versandinformationen_en.pdf
6. Retention of title
Chamberlain retains the ownership of all goods delivered to a customer on the basis of an ordering procedure until the final and full payment of the delivered goods has been made.
7. Warranty (information on liability for defects)
The statutory warranty provisions are applicable.
Any further claims of customers, particularly for damage compensation instead of performance and for the compensation for any other direct or indirect losses – including incidental or consequential damages, regardless of their legal grounds – are excluded. This does not apply if
a) Chamberlain is liable under the Product Liability Act;
b) Chamberlain concealed a defective title or material defect fraudulently or has assumed a guarantee or a procurement risk;
c) the damage was caused by malicious intent or gross negligence on the part of Chamberlain or one of its legal representatives or agents; or
d) there is a culpable breach of duty by Chamberlain, its legal representatives or its agents leading to physical injury or damage to health.
e) In the case of property damage and financial losses caused through ordinary negligence, Chamberlain is only liable in the case of breach of those obligations whose fulfilment is absolutely required for the due execution of the contract and in whose fulfilment the customer may have confidence to a particular extent ("essential contractual obligations"), but the amount is limited to the damages typically foreseeable at the time of the conclusion of the contract. The provisions specified above shall apply accordingly for claims exercised by the customer directly against the legal representatives or agents of Chamberlain.
9. Choice of law and jurisdiction
The laws of the Federal Republic of Germany apply. Application of the UN Convention on Contracts for the International Sale of Goods is excluded.
If the customer is an entrepreneur then the exclusive court of jurisdiction for any disputes arising from the supply relationship is Chamberlain's domicile.
10. Consumer's cancellation right
a) Consumers in the sense of Section 13 of the German Civil Code (BGB) have a statutory cancellation right. A consumer is any natural person who enters into a legal transaction for a purpose that is neither a primarily commercial nor a primarily independent vocational activity.
|Sample cancellation form
If you wish to cancel the contract, please fill out this form and send it back to us.
Chamberlain GmbH, Alfred-Nobel-Str. 4, D-66793 Saarwellingen
Fax: 0049 6838 - 907 224
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/performance of the following services (*)
Ordered on (*)/received on (*): ________________________________________
Name(s) of consumer(s): ________________________________________
Address of consumer(s): ________________________________________
Signature of consumer(s) (only for notification on paper)
(*) Cross out the option that does not apply.
All personal data collected from the customer is kept confidential. The personal data is collected, processed and used in compliance with the statutory provisions of the German Federal Data Protection Act and the German Telemedia Act. Personal data is only collected if the customer voluntarily provides it to Chamberlain for the purpose of ordering goods or opening a customer account. Chamberlain uses the data provided by the customer without a separate consent exclusively for the fulfilment and processing of the order. Once the purchase order has been fully processed and the full purchase price has been paid, the data will be blocked for further use and deleted at the end of regulations according to the tax and commercial law, provided that the customer has not expressly consented to further use.
12. Storage of the contract text
The contract text is stored internally and is no longer accessible to the customer after the conclusion of the contract. Upon conclusion of the contract the customer does, however, have the option to access the contract text and to print it.
13. Sending of a contract confirmation
Chamberlain will provide the customer with a confirmation of the contract in which the contents of the contract are stated on a permanent data carrier (e.g. in an e-mail) within an appropriate period of time following the conclusion of the contract, at the latest with the delivery of the goods.
Information in accordance with Section 312c Paragraph 1 of the German Civil Code (BGB) in conjunction with Article 246 Section 1 of the Introductory Act to the German Civil Code (EGBGB)