{"id":3558,"date":"2022-11-01T08:46:40","date_gmt":"2022-11-01T08:46:40","guid":{"rendered":"https:\/\/klbtheme.com\/partdo\/?page_id=3558"},"modified":"2025-10-29T09:46:50","modified_gmt":"2025-10-29T08:46:50","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/staging.erdexim.de\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"
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Terms of Service<\/h3>

1. General Provisions<\/p>

1.1. The following terms and conditions apply to the use of the \"Erdmann Export-Import\" website and purchases via this online portal. Any natural or legal person who registers on the website in accordance with section 2 and completes the registration process described therein agrees to these terms and conditions and is entitled to use the services of the \"Erdmann Export-Import\" website.<\/p>

1.2. The operator of the website (Erdmann Export-Import) is entitled to make changes to the offered service, the functionality, and the design of the website at any time and without prior notice. In particular, Erdmann Export-Import may:<\/p>

a) Make improvements, changes, corrections and additions to the structure and design of the website;<\/p>

b) Adapt, update or correct website content;<\/p>

c) to amend, supplement or correct these terms and conditions and other rules of use as needed;<\/p>

d) temporarily suspend or permanently delete user accounts in case of violations of these terms.<\/p>

1.3. Any changes or additions to these terms and conditions will come into effect upon their publication on the website. Users will not generally receive separate notification. It is the user's responsibility to regularly check the terms and conditions for changes.<\/p>

1.4. Erdmann Export-Import accepts no liability for the content of external websites or information from third parties that are merely referenced on the Erdmann Export-Import website via links or other references. Such external content is outside the responsibility of Erdmann Export-Import.<\/p>

1.5. All texts, images, graphics, and design elements provided on the Erdmann Export-Import website are subject to copyright and\/or other intellectual property rights. Their use or reproduction is not permitted without the prior written consent of Erdmann Export-Import.<\/p>

2. Registration and user account<\/p>

2.1. The use of certain website functions, in particular the purchase of goods, may require prior registration. Only individuals with full legal capacity and legal entities are eligible to register. The customer is obligated to complete the registration form truthfully and in full. Upon completion of registration, a user account is created, and the customer accepts these terms and conditions.<\/p>

2.2. Required fields in the registration form are marked accordingly (e.g., with *). The customer is obligated to keep all information up-to-date and accurate. Changes to personal data (in particular name, address, email, payment details) must be updated immediately in the user account so that Erdmann Export-Import has the correct information for processing the contract.<\/p>

2.3. The customer is responsible for the security of their user account. Access data must be kept confidential and protected from unauthorized access. The customer is liable for all activities carried out using their access data. Should the customer notice any unauthorized use of their account or any other security breach, they must inform Erdmann Export-Import immediately.<\/p>

2.4. Advantages of registration: A registered user can, in particular, use the following functions and advantages:<\/p>

a) Storing billing and delivery addresses for faster ordering processes in the future;<\/p>

b) Access to the order history and the current status of ongoing orders via the personal customer account.<\/p>

Registration on the website is free. There is no entitlement to registration or use of the website; Erdmann Export-Import reserves the right to refuse registrations in individual cases or to delete user accounts in case of misuse (see section 1.2 d).<\/p>

3. Product offers and conclusion of contract<\/p>

3.1. All product offers and item listings on the \"Erdmann Export-Import\" website are exclusively posted by Erdmann Export-Import itself as the seller. Third parties are not permitted to publish their own offers on this website. The purpose of this online shop is the sale of spare parts and related products by Erdmann Export-Import to customers via the internet.<\/p>

3.2. Non-binding nature of product presentation: The presentation of goods on the website does not constitute a legally binding offer from Erdmann Export-Import, but rather a non-binding invitation to the customer to order products from Erdmann Export-Import (invitatio ad offerendum). This applies even if a price is stated on the product page \u2013 it is merely an invitation to place an order.<\/p>

3.3. Customer Order Placement: The customer can select products from Erdmann Export-Import's range and add them to a virtual shopping cart using the appropriate button (e.g., \"Add to Cart\"). The customer then submits a binding order for the goods in the shopping cart by clicking the designated button (e.g., \"Buy Now\" or \"Place Order\"). By submitting the order, the customer makes a binding offer to purchase the selected goods. Erdmann Export-Import will immediately confirm receipt of the order by email to the email address provided by the customer. This confirmation of receipt does not yet constitute a binding acceptance of the order unless expressly stated otherwise.<\/p>

3.4. Conclusion of Contract by Acceptance by Erdmann Export-Import: A purchase contract between the customer and Erdmann Export-Import is only concluded when Erdmann Export-Import accepts the customer's order. Acceptance can occur either through an explicit order confirmation via email or by dispatching the goods to the customer \u2013 whichever occurs first. If Erdmann Export-Import sends the customer an order confirmation, the customer will receive all relevant contract details as well as these General Terms and Conditions via email.<\/p>

3.5. Unavailability of Goods: If Erdmann Export-Import cannot accept the customer's offer \u2013 for example, because the ordered goods are not in stock or are foreseeably unavailable \u2013 Erdmann Export-Import will inform the customer of the unavailability immediately instead of accepting the offer. Any payments already made by the customer (e.g., an advance payment) will be refunded immediately in this case. Erdmann Export-Import is not obligated to conclude a contract in such a case.<\/p>

Note: The contract language is German. The contract text (order details and terms and conditions) is stored by Erdmann Export-Import. The order details and a link to the valid terms and conditions will be sent to the customer by email as part of the order confirmation.<\/p>

4. Prices and shipping costs<\/p>

4.1. Shipping Costs: In addition to the product prices, shipping costs may apply depending on the delivery method and order value. If shipping costs are charged, their amount and, if applicable, the shipping methods will be clearly communicated to the customer during the ordering process before the customer submits the order. Alternatively, the customer can view information about any applicable shipping costs on a corresponding information page of the website. No shipping costs are incurred if self-collection is selected (see section 5.3).<\/p>

4.2. Price Changes: Erdmann Export-Import reserves the right to change the prices listed on the website at any time. However, the prices quoted at the time of order placement apply to orders already placed. We reserve the right to correct pricing errors; if an incorrect price was quoted and the customer has already placed an order, Erdmann Export-Import will inform the customer immediately and either reject the offer or submit a counter-offer at the correct price.<\/p>

5. Delivery and self-collection<\/p>

5.1. Delivery Area and Shipping Method: Erdmann Export-Import offers delivery of goods to the delivery address specified by the customer during the ordering process. Unless otherwise agreed, delivery is within Germany. Deliveries to other countries are only possible if they are selectable as a delivery option during the ordering process. Shipping is generally carried out by parcel service or freight forwarder \u2013 Erdmann Export-Import selects a suitable transport company at its own discretion, unless otherwise specified by the customer.<\/p>

5.2. Self-Collection: Erdmann Export-Import also offers customers the option of collecting ordered goods themselves from Erdmann Export-Import's business premises by prior arrangement. If the customer selects the \"Self-Collection\" option during the ordering process, Erdmann Export-Import will inform them by email or telephone as soon as the goods are ready for collection. In this case, shipping costs are waived. Collection takes place during Erdmann Export-Import's business hours or by individually agreed appointment. For self-collection, the customer can pay for the goods on site using the payment methods accepted by Erdmann Export-Import, unless payment has already been made in advance.<\/p>

5.3. Transfer of Risk: For consumers (customers who, as natural persons, conclude a legal transaction for a purpose that is predominantly neither attributable to their commercial nor their independent professional activity), the risk of accidental loss or accidental damage to the goods sold during shipment only passes to the consumer or a person authorized to receive them by the consumer upon delivery of the goods. In contrast, for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (i.e., customers who, when purchasing, are acting in the course of a commercial or independent professional activity), the risk passes to the customer as soon as Erdmann Export-Import has handed the goods over to a suitable carrier.<\/p>

6. Payment Terms<\/p>

6.1. Payment Methods: Customers have various payment methods available to settle purchases on the Erdmann Export-Import website. The currently available payment methods (e.g., prepayment\/bank transfer, credit card, direct debit, PayPal, cash on delivery, cash payment upon collection, etc.) are displayed to the customer for selection during the ordering process. Erdmann Export-Import reserves the right not to offer certain payment methods to individual customers or to insist on prepayment.<\/p>

6.2. Due Date and Payment Process: Unless otherwise agreed, the purchase price is due immediately upon conclusion of the contract. For payment methods that require redirection to a payment service provider (e.g., credit card payment, PayPal), payment is processed during the order process. If advance payment (bank transfer) is selected, Erdmann Export-Import will provide the customer with the bank details in the order confirmation; the invoice amount must be transferred to the specified account within 7 business days of receiving the order confirmation. In this case, the goods will only be shipped after receipt of payment.<\/p>

6.3. Payment Default: If the customer defaults on a payment, Erdmann Export-Import reserves the right to claim default interest at the statutory rate as well as any dunning costs. Erdmann Export-Import is also entitled to withhold further deliveries or services until full payment is received. Erdmann Export-Import's other statutory rights in the event of the customer's payment default remain unaffected.<\/p>

6.4. Set-off and Retention: The customer is only entitled to set off claims against Erdmann Export-Import if their counterclaims have been legally established or are undisputed or acknowledged by Erdmann Export-Import. The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.<\/p>

7. Retention of title<\/p>

7.1. The delivered goods remain the property of Erdmann Export-Import until full payment of the purchase price and all other costs and fees associated with the order. Prior to the transfer of ownership, the customer is not entitled to resell, pledge, assign as security, or otherwise dispose of the goods. Should a third party gain access to the goods before the transfer of ownership (e.g., through seizure), the customer must inform the third party of Erdmann Export-Import's ownership and notify Erdmann Export-Import immediately.<\/p>

8. Warranty (liability for material defects)<\/p>

8.1. Statutory Warranty Rights: The statutory provisions apply to the customer's rights in the event of material defects and defects of title in the delivered goods, unless otherwise specified below. Erdmann Export-Import warrants that the goods are free from material defects at the time of the transfer of risk. Customers who are consumers within the meaning of the law may assert claims for defects within 24 months of delivery.<\/p>

8.2. Warranty for Business Customers: If the customer is a business within the meaning of Section 14 of the German Civil Code (BGB), the following applies in deviation from clause 8.1: The customer must inspect the goods immediately upon delivery and notify Erdmann Export-Import of any obvious defects without delay, and at the latest within 7 business days of receipt of the goods. If the business customer fails to provide such notification, the goods are deemed accepted to that extent (Section 377 of the German Commercial Code (HGB)). Latent defects must be reported within 7 business days of discovery. The warranty period for business customers is 12 months from delivery of the goods.<\/p>

8.3. Notification of Defects and Subsequent Performance: Consumers and businesses alike are requested to report any obvious transport damage to the delivery person as soon as possible and to inform Erdmann Export-Import accordingly. While failure to report such damage does not affect the customer's statutory warranty rights, it does assist Erdmann Export-Import in asserting its own claims against the carrier. In the event of actual defects, the customer is initially entitled to the statutory right to subsequent performance (at the customer's option, either repair of the defect or delivery of replacement goods free of defects). Erdmann Export-Import may refuse the type of subsequent performance chosen by the customer if it would incur disproportionate costs. If subsequent performance is not successful within a reasonable period or fails, the customer may, in accordance with statutory provisions, demand a reduction in price or withdraw from the contract. In addition, claims for damages may exist under the statutory conditions (see section 9).<\/p>

8.4. No Warranty Exclusions: Any independent warranty commitments from manufacturers remain unaffected and apply in addition to the statutory warranty rights. However, Erdmann Export-Import does not provide any warranty of quality or durability within the meaning of \u00a7 443 of the German Civil Code (BGB), even without an express agreement. The assignment of warranty claims to third parties is excluded.<\/p>

9. Liability<\/p>

9.1. Scope of liability of Erdmann Export-Import: Erdmann Export-Import is liable for contractual and non-contractual breaches of duty within the framework of the statutory provisions as follows:<\/p>

a) Erdmann Export-Import is liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by Erdmann Export-Import or one of its legal representatives or agents. Erdmann Export-Import is also liable without limitation for damages caused by intent or gross negligence on the part of Erdmann Export-Import or one of its legal representatives or agents. Any claims by the customer under the Product Liability Act remain unaffected.<\/p>

b) In the event of a slightly negligent breach of essential contractual obligations, Erdmann Export-Import's liability \u2013 except in the cases of clause 9.1 a \u2013 is limited to the foreseeable, typical contractual damage at the time of conclusion of the contract. Essential contractual obligations (cardinal obligations) are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.<\/p>

c) In all other cases, Erdmann Export-Import excludes all liability \u2013 regardless of the legal basis. In particular, Erdmann Export-Import is not liable for property damage or financial losses caused by slight negligence that are not covered by clause 9.1 b.<\/p>

9.2. Liability for Auxiliary Personnel and Delays: To the extent that the liability of Erdmann Export-Import is excluded or limited, this also applies to the personal liability of Erdmann Export-Import's employees, representatives, and agents. Erdmann Export-Import is not liable for delays or failures to perform due to force majeure or other unforeseeable events (e.g., natural disasters, pandemics, official orders, strikes, supply shortages beyond its control, etc.) that Erdmann Export-Import cannot influence even through reasonable measures. Agreed delivery deadlines are extended by the duration of such events.<\/p>

9.3. Liability for Data Loss: In the event of data loss, Erdmann Export-Import is only liable for the expenses that would have been necessary for data recovery had the customer performed proper data backups. In cases of data loss caused by slight negligence on the part of Erdmann Export-Import, liability only arises if the customer has ensured, through appropriate data backup measures, that the data can be reconstructed from machine-readable data repositories with reasonable effort.<\/p>

10. Final Provisions<\/p>

10.1. Applicable Law: The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.<\/p>

10.2. Place of jurisdiction: If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between the customer and Erdmann Export-Import is the registered office of Erdmann Export-Import. However, Erdmann Export-Import remains entitled to bring legal action at the customer's general place of jurisdiction. For consumers, the statutory rules on jurisdiction apply.<\/p>

10.3. Dispute Resolution: Erdmann Export-Import is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board as defined by the Consumer Dispute Resolution Act. However, in this context, Erdmann Export-Import refers to the European Online Dispute Resolution platform (ODR platform), which was accessible at the now-defunct URL https:\/\/ec.europa.eu\/consumers\/odr\/. Consumers can contact Erdmann Export-Import directly by email with any complaints. (Note: The EU's ODR platform was discontinued effective July 20, 2025.)<\/p>

10.4. Severability Clause: Should individual provisions of these terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision. The same applies to any gaps in these terms and conditions.<\/p>

Last Update: April 2026<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

Allgemeine Gesch\u00e4ftsbedingungen 1. Allgemeine Bestimmungen 1.1. F\u00fcr die Nutzung der Webseite \u201eErdmann Export-Import\u201c und den Einkauf \u00fcber dieses Online-Portal gelten die folgenden allgemeinen Gesch\u00e4ftsbedingungen. Jede nat\u00fcrliche oder juristische Person, die sich auf der Webseite gem\u00e4\u00df Ziffer 2 registriert und den dort beschriebenen Registrierungsvorgang abschlie\u00dft, erkl\u00e4rt sich mit diesen Bedingungen einverstanden und ist berechtigt, die Dienste<\/p>\n

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