Terms of service
All business transactions concluded with us shall be carried out in accordance with the following terms and conditions, unless deviations have been expressly agreed in writing in individual cases, which the Buyer shall be obliged to set out. Our terms and conditions of sale and business shall be deemed to have been accepted by the Buyer when an order is placed, in addition to the special terms and conditions of the individual transaction, even if deviations from them are made during the transaction or if we have not expressly objected to deviating provisions of the Buyer, in particular the Buyer's general terms and conditions of business. Deviations, in particular verbal agreements and other ancillary agreements, require written confirmation by us to be valid; deviations are not valid without such written confirmation. Should one of the provisions of these terms and conditions of sale be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace any invalid provision with a valid provision that achieves the purpose of the invalid provision as far as possible. Any gaps in the contract shall be filled by way of supplementary interpretation of the contract, which shall be based on the meaning and purpose of these terms and conditions of sale and business.
2 Conclusion of contract
Our offers are - unless otherwise agreed - always non-binding and subject to change. All contracts shall only come into effect upon receipt of our written order confirmation, at the latest upon execution of the delivery. We reserve the right to correct printing errors and mistakes as well as minor deviations in quality, form and execution. The client is bound to the placed order for four weeks.
Insofar as no price for the goods has been expressly agreed orally, prices shall be calculated in accordance with our price lists generally valid on the day of dispatch - for the quantities delivered or accepted. Unless otherwise stated, the prices are pure net prices in EURO and are understood to be carriage forward, plus packaging costs and the legally prescribed charges, in particular value added tax.
Deliveries are generally made on a cash on delivery basis, unless otherwise agreed. In the case of delivery on open account, the invoice amount must be paid within the payment periods stated in our invoices. Discounts may only be claimed if they have been promised by us in the invoice. The deduction of an agreed cash discount presupposes that the customer is not in arrears with other payments. We may at any time revoke payment terms that have been granted or agreed for an unlimited period of time, subject to a reasonable period of notice. Default in payment shall occur when the claim becomes due, without the need for a reminder. In the event of default in payment, subject to the assertion of further claims, default interest of at least 5% above the respective Bundesbank discount rate shall be payable. In the event of default in payment, all our claims shall become due immediately. Complaints by the buyer or disagreements of any kind do not justify a right of the buyer to refuse performance. Offsetting by the buyer is only permissible with an undisputed and legally established claim. The assertion of liens by the buyer is excluded. The same applies to rights of retention. Checks are only accepted on account of performance, bills of exchange are not accepted by us as a means of payment. We shall be entitled at any time, even after conclusion of the contract, to demand sufficient security to secure our claims, including those not yet due, and to make further advance payments on our part dependent thereon. This shall apply in particular if doubts arise as to the creditworthiness of the Buyer, shortfalls or gaps in liquidity, etc., or if the original credit volume increases.
Deliveries shall be made ex warehouse Cologne for the account and at the risk of the purchaser. We are entitled to deliver at any time from another location, e.g. directly from the manufacturer's works. Partial deliveries and partial performance by us are permissible at any time. Unforeseen obstacles to performance shall entitle us to cancel the delivery obligation in whole or in part; claims for damages by the Buyer shall be excluded. The choice of the transport route and the mode of transport shall be made by us without liability for the cheapest shipment. The unconditional acceptance of the consignment by the railroad, the carrier or the warehouse keeper shall be deemed to be proof of perfect condition and, subject to proof to the contrary, shall exclude any claims against us for damage. Insurance shall only be taken out at the express request of the purchaser and shall be at the purchaser's expense. We shall only be liable for compliance with delivery deadlines in the event of an express promise and insofar as we are at fault. Place of performance and fulfillment is the registered office of Talksky Großhandels GmbH and thus Cologne. Minimum order value 50,00€ net for domestic customers.
6. reservation of proprietary rights
The seller reserves the right of ownership until all claims of the seller arising from the business relationship including future claims also from contracts concluded at the same time or later have been settled. This shall also apply if individual or all claims of the Seller have been included in a current account and the balance has been struck and accepted.
7 Complaints and warranty
Complaints can only be made immediately, at most within ten days after delivery and before use of the goods and if the possibility of immediate inspection by us is given, in writing with a precise description of the complaint. This shall also apply in the event that the goods are not handed over to the purchaser directly but to a third party named by the purchaser or if the purchaser forwards the goods on his part. If a defect is discovered later, a complaint must also be made immediately and within a maximum of one week after discovery of the defect. Notwithstanding the notice of defects, the goods must be accepted and stored properly. In the event of damage in transit prior to acceptance and unloading of the goods, an immediate damage survey by rail, post, forwarding agent, etc. must be arranged and a written certificate must be obtained from the body recording the damage. Any costs incurred in this respect shall be borne by the losing party. The purchaser shall be responsible for safeguarding any rights of recourse against third parties. We provide warranty for those items which are unusable or considerably impaired in their usability due to defective material or defective workmanship. We cannot provide a warranty for damage caused by unsuitable or improper use or handling of the delivery item, faulty assembly or commissioning by the purchaser or third parties or natural wear and tear. In the event of justified notices of defects, we shall be entitled, at our discretion, either to remedy the defects or to take back the goods with crediting of the invoiced amount or to provide a replacement free of charge within a reasonable period of time. The purchaser shall not be entitled to any other claims of any kind, in particular also compensation for damages not relating to the delivered goods themselves, consequential damages or due to delayed delivery, or claims arising from tort, either against our employees and vicarious agents or against us. Variations in the quality and appearance of the goods which are customary in the trade or which are technically unavoidable shall not entitle the Buyer to give notice of defects. The purchaser shall grant us the necessary time and opportunity to carry out the repair or replacement delivery. Otherwise we shall be released from our warranty obligation. Goods which are or have been specially purchased or manufactured by us for the customer shall be deemed to be special orders. For them, any kind of warranty is excluded, unless we could be charged with negligence or intent.
The goods delivered by us will only be taken back with our prior written consent. The goods must be in perfect condition and in their original packaging (complete, undamaged original packaging, operating instructions, complete packaging material, etc.). Special orders/custom-made products are generally excluded from the possibility of return.
All returns made after our approval travel at the risk and expense of the sender. The consignments must reach us free of all transport and transport insurance costs as well as other possible additional costs (e.g. delivery charge). Return shipments whose delivery is freight collect or even cash on delivery will not be accepted.
10. legal provision
For all existing legal provisions, in particular the Telecommunications Act (TKG), the Act on the Electromagnetic Compatibility of Equipment (EMVG) and the Ordinance on Conformity Assessment, Marking, Approval and Placing on the Market of Telecommunications Equipment (TKZU/V), must be observed. It is one of the purchaser's obligations to familiarize himself with the legal framework of the telecommunications market. The Seller therefore assumes that the Buyer is familiar with the legal provisions. When reselling, the buyer is obliged to inform his customers about legally existing restrictions in use and application. No liability shall be assumed for consequential or other damages incurred by the Buyer as a result of incomplete or incorrect information. The same applies to incorrect or incomplete information provided by the buyer to his buyer/customer. In general, the buyer is obliged to fully and comprehensively inform his buyer/customer about the usability and possible application of the equipment and, above all, about the applicable legal provisions.
11. compensation for damages in case of non-acceptance
If the purchaser does not accept the goods for any reason contrary to the agreement, he shall be liable to us for the damage incurred. This is agreed as a lump sum of 20% of the net invoice amount plus VAT. In addition, the customer has to bear the costs for outward and return transport.
The goods and articles may not be sold without the trademark affixed by us. The serial number may not be removed or made unrecognizable. Furthermore, the purchaser is prohibited from using our trademark in any way. Our cliché remains our property even in case of full payment.
13. data protection
The data of the orderer are stored in the EDP and in writing under consideration of the §§ 28, 34 Federal Law for Data Protection.
14. fax circulars / e-mail transmissions
The company TALKSKY uses the form of telefax circulars and e-mail transmissions to inform its customers about news and offers. The customer has the possibility to object to this form of information provision at any time.
15 Place of performance and jurisdiction
German law shall apply exclusively. For all disputes arising directly or indirectly from the contractual relationship, Cologne is agreed as the place of jurisdiction. Place of performance is Cologne.
16. notes to the battery regulation
Batteries are included in the scope of delivery of many devices, e.g. for the operation of remote controls. Batteries or rechargeable batteries may also be permanently installed in the devices themselves. In connection with the sale of these batteries or rechargeable batteries, we are obliged as a dealer under the Battery Ordinance to inform our customers of the following:
Please dispose of used batteries as required by law - disposal in household waste is expressly prohibited under the Battery Ordinance - at a municipal collection point or return them to your local retailer free of charge. Batteries received from us can be returned to us free of charge after use at the address below or sent back to us by post with sufficient postage.
TALKSKY Wholesale Ltd.
At the wax factory 2
Batteries that contain harmful substances are marked with the symbol of a crossed-out garbage can, similar to the symbol in the illustration. Below the trash can symbol is the chemical name of the pollutant - in the example on the left, "Cd" for cadmium. "Pb" stands for lead, "Hg" for mercury.
Safety instructions for rechargeable batteries
17. notes on the packaging ordinance
According to the regulations of the Packaging Ordinance, we are obliged to take back packaging of our products that does not bear the mark of a system of comprehensive disposal (such as the "Green Dot" of Duales System Deutschland AG or the "RESY" symbol) and to ensure its reuse or disposal.
For further clarification on the return of such products, please contact us:
TALKSKY Großhandels GmbH
An der Wachsfabrik 2
Tel: +49 (0) 2236 32 25 0
Fax:: +49 (0) 2236 32 25 55
We will then inform you of a municipal collection point or a disposal company in your area that will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging to us. We will reuse the packaging or dispose of it in accordance with the provisions of the Packaging Ordinance.
Status: Cologne, August 2009