General Terms and Conditions

§ 1 Validity, definitions of terms

Absource Diagnostics GmbH, Karl-Schmid-Str. 14, 81829 Munich, Germany (hereinafter: "we" or "Absource Diagnostics GmbH") operates an online store for goods under the website https://absource.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: "Customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
"Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. "Entrepreneur" 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, whereby a partnership with legal capacity is a partnership with the ability to acquire rights and enter into obligations.

§ 2 Conclusion of contracts, storage of the contract text

The following provisions on the conclusion of contracts apply to orders placed via our online store at https://absource.de.
Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
The following regulations apply when an order is received in our online store: The customer submits a binding contract offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps: Selection of the desired goods, Adding the products by clicking on the corresponding button (e.g. "Add to shopping cart", "Add to shopping bag" or similar), Check the details in the shopping cart, Calling up the order overview by clicking on the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "To order overview" or similar), Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and revocation policy, If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement, Completion of the order by clicking the "Buy now" button. This constitutes your binding order. We send an automated order confirmation after the order, which does not yet conclude the contract. The contract is concluded when we expressly accept your order within 5 working days by separate email.
In the event of conclusion of the contract, the contract is concluded with Absource Diagnostics GmbH, Karl-Schmid-Str. 14, 81829 Munich, Germany.
Before placing the order, the contract data can be printed out using the browser's print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not save the contract text after the contract is concluded.
Entry errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products

The subject matter of the contract in our online store is: The sale of goods. The specific goods offered can be found on our article pages.
The essential characteristics of the goods can be found in the article description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this shall define the subject matter of the contract.

§ 4 Prices, shipping costs and delivery

The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
For a purchase on account, the minimum order value is EUR 50.00 for this payment method.
In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
All products offered are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time: 10 working days after receipt of payment or after receipt of the order in the case of a purchase on account).
Delivery is worldwide.

§ 5 Right of retention, retention of title

You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
The goods shall remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

§ 7 Liability

Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes, in particular, our obligation to take action and fulfill the contractually owed performance described in § 3.

§ 8 Contract language

The contract language is exclusively German.

§ 9 Warranty

The warranty is governed by the statutory provisions.
In relation to entrepreneurs, the warranty period for delivered goods is 12 months.
As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall of course have no effect on your statutory warranty claims.

§ 10 Final provisions/dispute resolution

German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the registered office of the Provider.
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.