General Terms and Conditions of Sale, Delivery and Repair of Electrolux Hausgeräte GmbH
General Terms and Conditions of Sale, Delivery and Repair of Electrolux Hausgeräte GmbH
The following General Terms and Conditions of Sale, Delivery and Repair (hereinafter referred to as GTC) shall apply to the entire contractual relationship between Electrolux Hausgeräte GmbH, Fürther Straße 246 in 90429 Nuremberg, Germany, registered office Nuremberg, HRB No. 20603, VAT ID No.: DE 811117185 (hereinafter referred to as Electrolux) and its Customers (consumers pursuant to Section 13 of the German Civil Code (BGB), entrepreneurs pursuant to Section 14 of the German Civil Code (BGB), and legal entities under public law). Conflicting general terms and conditions of the Customer or general terms and conditions of the Customer that deviate from or supplement these GTC shall not be recognised; individual contractual agreements shall take precedence over these GTC in all cases.
II. RIGHT OF WITHDRAWAL FOR CONSUMERS
Consumers have a right of withdrawal in certain cases regulated by law. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1. RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days. In the case of a purchase contract, the withdrawal period begins as soon as you or a third party named by you, who is not the carrier, has taken possession of the goods. If we deliver the goods to you in several partial consignments or pieces, the withdrawal period begins as soon as you or a third party named by you who is not the carrier has taken possession of the last partial consignment or piece. If you have ordered several goods as part of a single order and the goods are delivered separately, the withdrawal period begins as soon as you or a third party named by you who is not the carrier has taken or has taken possession of the last goods. In the case of a contract for the performance of a repair or other service contract, the withdrawal period begins with the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, Electrolux Hausgeräte GmbH, Fürther Str. 246, 90429 Nuremberg, telephone no. 0911-323-2000 (for repairs: 0911-323-2110), fax no.: 01805/001194 (for repairs: 01805/804141), e-mail: firstname.lastname@example.org (for repairs: email@example.com), by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you can use the sample withdrawal form provided under the following link for spare parts, and the sample withdrawal form available under the following link for the withdrawal of household appliances, which are, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
2. Consequences of Withdrawal
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; this does not apply if we collect the goods ourselves because the goods cannot be returned normally by post due to their nature.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. If the goods cannot be returned normally by post due to their nature, we will collect the goods at our expense. You will 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 condition, properties and functioning of the goods. If you have requested that services begin during the withdrawal period you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
3. Special Note for urgent Repair or Maintenance orders
You have no right of withdrawal in respect of contracts where you have expressly requested us to visit you to carry out urgent repair or maintenance work; this does not apply in respect of other services provided at the visit which you have not expressly requested or in respect of such goods supplied at the visit which are not necessarily required as spare parts in the course of maintenance or repair.
III. Terms of delivery and sale
1. General Terms and Conditions of Delivery and Sale
The following General Terms and Conditions of Delivery and Sale shall apply to all contractual relationships concluded between Electrolux and the Customer.
1.1. Conclusion of Contract
1.1.1. If a Customer orders goods from Electrolux this shall constitute an offer to Electrolux to conclude a corresponding contract, which shall require acceptance by Electrolux. Acceptance may also be effected by conclusive conduct in particular by sending the goods. Confirmation of receipt of the order alone (order confirmation) shall not constitute acceptance of the contract by Electrolux.
1.1.2. If Electrolux discovers during the processing of an order that a good ordered by the Customer is not available, Electrolux shall immediately inform the Customer thereof. If delivery of the ordered goods is not possible within 30 days, the Customer shall be entitled to withdraw from his order. Any consideration already paid by the Customer shall be refunded by Electrolux without delay.
1.1.3. If Electrolux accepts the offer of a Customer who is an entrepreneur the following shall apply in addition: If Electrolux is unable through no fault of its own to deliver the ordered goods within 30 days of acceptance of the offer although Electrolux has placed congruent orders with reliable suppliers both parties shall be entitled to withdraw from the contract. Clause 1.1.2, sentence 3 shall apply accordingly.
1.1.4. Offers made by Electrolux to companies are always subject to change.
1.2.1. The place of performance and fulfilment is Nuremberg. Electrolux shall deliver ex warehouse to the delivery address in Germany specified by the Customer. If the Customer is an entrepreneur the risk shall pass to the Customer when the goods are handed over to the carrier or, in the case of collection by the Customer, when the goods are ready for shipment.
1.2.2. All information on the availability, dispatch or delivery of a product in our (electronic) catalogues or order confirmations are only anticipated information and are non-binding. Delivery dates stated in an order confirmation are only binding if they are expressly designated as binding. An agreed delivery deadline shall also be deemed to have been met vis-à-vis an entrepreneur if Electrolux has delivered the item to the carrier by the agreed deadline or if the products are ready for collection by the Customer by the agreed deadline. Partial deliveries shall be permissible insofar as they are reasonable for the Customer.
1.3. Prices Terms of Payment and Retention of Title
1.3.1. All prices are quoted in Euros ex warehouse Electrolux plus packaging and shipping costs and, insofar as the contract is concluded with an entrepreneur, plus VAT (insofar as not already shown). All prices to Customers who are consumers already include the statutory value-added tax.
1.3.2. The remuneration to be paid by the Customer shall be due without deductions immediately upon receipt of a corresponding invoice if no other payment agreement has been made or if deviating payment periods are not shown on the invoice.
1.3.3. The Customer may not offset such claims or make use of a right of retention unless the claims are undisputed or have been legally established. If the Customer is not a consumer the Costumer may withhold payments only to the extent that this is in reasonable proportion to the defects that have occurred.
1.3.4. If the Customer defaults on payments or applies for the opening of insolvency proceedings all outstanding invoice amounts shall become due for payment immediately.
1.3.5. The delivered goods shall remain the property of Electrolux (hereinafter referred to as "goods subject to retention of title") until payment has been made in full.
1.3.6. For Customers who are entrepreneurs the following shall also apply: The delivered goods shall remain the property of Electrolux until all claims to which Electrolux is entitled against the Customer have been satisfied even if the individual goods have been paid for.
The Customer shall be authorised to resell the goods subject to retention of title in the ordinary course of business if it is ensured that payment is made to Electrolux and that ownership is not transferred to the Customer until the latter has fulfilled its payment obligations. The Customer may, in turn, resell the goods subject to reservation of title without the reserved title thereby passing to the Customer. Without the consent of Electrolux, the Customer shall not be entitled to pledge the goods subject to retention of title or to assign them as security.
Any processing or transformation of the goods subject to retention of title by the Customer shall be carried out exclusively on behalf of Electrolux and in its interest. In the event of seizure, confiscation or other dispositions or interventions by third parties the Customer shall notify Electrolux without delay.
The Customer hereby assigns its claims arising from the resale of the goods subject to retention of title together with all ancillary rights in full in advance by way of security to Electrolux which accepts this assignment without the need for any special declarations at a later date. The assignment shall also extend to balance claims arising within the scope of existing current account relationships or upon termination of such relationships of the Customer with its buyers. If the goods subject to retention of title are sold by the Customer together with other goods not belonging to Electrolux the Customer shall assign the claim to Electrolux only to the amount invoiced by Electrolux (including value-added tax). If the goods subject to retention of title are sold after being combined, mixed or processed with other goods not belonging to Electrolux, the assignment shall be made only in the amount of Electrolux's co-ownership share in the sold item thus created; if no co-ownership share is created the assignment shall be made in the amount of the portion of the total price claim corresponding to the value of the goods subject to retention of title invoiced by Electrolux. If the goods subject to retention of title are used by the Customer for the performance of a contract for work and services or a contract for work and materials, the Customer's claim arising therefrom shall be assigned to Electrolux to the same extent as determined above for the resale. The assigned claims shall serve Electrolux as security in the same way as the goods subject to retention of title.
However, until revoked and as long as the Customer is not in default the Customer shall be entitled to collect the claims assigned to Electrolux itself; however, the Customer shall not be entitled to dispose of them in any other way, e.g. by assignment. Upon Electrolux's request the Customer shall notify the relevant purchaser of the assignment of claims and shall hand over to Electrolux the documents, e.g. invoices, required for Electrolux to assert its rights against the purchaser and shall provide the necessary information. All costs of collection and any interventions shall be borne by the Customer. In the case of payments by cheque/bill of exchange ownership shall not pass until the cheque has been cashed in full. Electrolux shall release the securities to which it is entitled at the Customer's request, at Electrolux's discretion, insofar as their value exceeds the claims to be secured by more than 20%.
In the event of breaches of duty on the part of the Customer, in particular in the event of default in payment, dishonour of due bills of exchange or cheques, cessation of payments or filing for insolvency or any other significant deterioration in the Customer's financial circumstances Electrolux shall be entitled, even without withdrawing from the contract, to take back all goods still subject to retention of title and to assert the further rights arising from the retention of title, and the Customer shall be obliged to surrender the goods. The Customer shall grant Electrolux or its agents access to all of its business premises for the purpose of taking stock or taking back the goods. Electrolux shall be entitled to realise the goods subject to retention of title with the due care and diligence of a prudent businessman and to satisfy its claims from the proceeds thereof, taking into account the outstanding claims.
1.3.7. If the Customer is an association or a purchasing company of a group of companies the Customer assures that it will disclose the purchasing benefits granted to its member companies or affiliated companies and pass them on to them insofar as the Customer is obliged to do so vis-à-vis them, and that the accounting and tax recording will be carried out properly by the association or purchasing company.
1.4.1. Electrolux provides warranty in accordance with the statutory warranty law. The rights arising from a warranty shall neither be excluded nor limited by these GTC. If the Customer is an entrepreneur Electrolux shall decide on the type of subsequent performance. Section 377 of the German Commercial Code (HGB) shall remain unaffected.
1.4.2. Claims for defects by the Customer who is not a consumer shall become time-barred one year after delivery.
1.4.3. For purchased goods with digital elements (Section 327a (3) sentence 1 of the German Civil Code), Electrolux will provide Customers who are consumers with updates necessary to maintain the conformity of the goods with the contract during the period that the consumer can expect based on the nature and purpose of the goods and their digital elements and taking into account the circumstances and the nature of the contract. Electrolux will inform consumers of such updates.
Electrolux shall not be liable for a material defect solely due to the absence of an update if the Consumer fails to install an update provided by Electrolux within a reasonable period of time. However, this shall only apply if Electrolux has informed the Consumer of the availability of the update and the consequences of failure to install it and the fact that the Consumer has failed to install the update or has installed it improperly is not due to defective installation instructions provided to the Consumer.
1.4.4. If, when a consumer purchases goods with digital elements (Section 327a (3) sentence 1 of the German Civil Code), a permanent provision for the digital elements by Electrolux has been agreed, and if it has not been determined how long the provision is to last, the digital elements shall be provided for a period of time corresponding to the period of time pursuant to Clause 1.4.3 (1) sentence 1 above. During the provision period, but at least for a period of two years from delivery of the goods, Electrolux shall also be liable for ensuring that the digital elements of the goods are free from material defects.
Claims for damages on the part of the Customer, irrespective of the legal grounds, shall be excluded unless Electrolux is liable in accordance with mandatory statutory provisions (e.g. Product Liability Act) or in cases of intent or gross negligence. Electrolux shall also be liable for injury to life, body or health or for breach of material contractual obligations, i.e. for obligations which Electrolux is obliged to grant to the Customer in accordance with the content and purpose of the contract or the fulfilment of which is a prerequisite for proper performance of the contract and compliance with which the Customer regularly relies on and may rely on. A claim for damages due to a slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract.
1.6. Force Majeure
If the Customer is an entrepreneur, Electrolux shall be released from all obligations towards the Customer and shall not be obliged to fulfil them in whole or in part if an event of force majeure occurs and a contracting party is affected by it. Force Majeure shall in particular include fire, explosion, hurricane, flood, pestilences (including epidemics or pandemics), war, riot, work stoppage and industrial action, as well as any form of government intervention, operational disruptions (including transport) for which Electrolux is not responsible, non-delivery, incorrect delivery or late delivery by suppliers. Supply difficulties and other disruptions of performance on the part of Electrolux's upstream suppliers shall only be deemed to be Force Majeure if the upstream supplier, for its part, is prevented from rendering the performance incumbent upon it as a result of an event pursuant to sentence 1 and provides suitable evidence to Electrolux.
During a Force Majeure Event, Electrolux's obligations shall be suspended for a period equal to the period during which the Force Majeure Event exists. If the Force Majeure Event continues for more than two (2) months either party may terminate the contract affected by the Force Majeure Event with immediate effect by giving notice in text form to the other party without any compensation being due.
2. Special Terms and Conditions of Delivery and Sale for Online Webshops
The following Special Terms and Conditions of Delivery and Sale shall apply in addition to orders, deliveries and contracts for goods presented in Electrolux webshops. In the event of any discrepancy between the Special Terms and Conditions of Delivery and Sale and the General Terms and Conditions of Delivery and Sale under Clause 1 the Special Terms and Conditions of Delivery and Sale shall prevail.
2.1.1. The conditions for the use of your personal data can be viewed here.
2.1.2. If the Customer is a consumer the Customer confirms that he or she is at least 18 years old at the time of the order.
2.1.3. By placing an order, the Customer accepts these General Terms and Conditions to the exclusion of any other terms and conditions (in particular the Customer's General Terms and Conditions) that may be incorporated by trade, custom, practice or business relationship. No deviation from the Terms and Conditions shall be binding between Electrolux and the Customer unless expressly agreed to in text form by an authorised representative of Electrolux.
2.1.4. Electrolux reserves the right to change these terms and conditions at any time without prior notice. The General Terms and Conditions in force at the time the order is placed shall govern the order placed by the Customer.
2.1.5. The Customer is responsible for the accuracy of the e-mail address, delivery address, mobile phone number and any other information provided to Electrolux.
The Goods and their essential characteristics are described on the website so that the Customer is aware of them before placing an order. Electrolux may change the composition, characteristics or range of goods on the website as well as their presentation or packaging. Such changes shall not apply retroactively to orders.
2.3. Conclusion of Contract
2.3.1. The Customer places his order by completing the online checkout process on the website ("Order"). Before completing his order, the Customer may review a summary of his order and his delivery and contact information.
2.3.2. If a Customer orders goods from Electrolux this shall constitute an offer to Electrolux to conclude a contract which shall be subject to acceptance by Electrolux. After an order has been placed the Customer will receive a confirmation of receipt by e-mail. This automatic order confirmation shall constitute acceptance of your offer, and a purchase agreement ("Contract") between the Customer and Electrolux shall hereby be concluded. If the Customer has chosen the PayPal payment method the Contract shall be concluded at the latest at the time of confirmation of the payment instruction to PayPal. If the Customer has selected the payment method instant transfer (Sofortüberweisung) the contract shall be concluded at the latest at the time of confirmation of the payment instruction to the payment service provider.
2.3.3. If the Customer is an entrepreneur partial deliveries are permissible insofar as they are reasonable for the Customer.
2.4.1. The ordered goods will be dispatched to the delivery address in Germany within the expected delivery period stated in the order confirmation.
2.4.2. Depending on the type and size of the goods different delivery methods can be made available to the Customer. Before placing an order, the Customer will be informed about how the ordered goods will be delivered. If an appointment needs to be made for delivery Electrolux or a third party appointed by Electrolux will contact the Customer for an appointment following the order. In the event of a delay in delivery of more than 14 days, the Customer shall be entitled to withdraw from the purchase contract.
2.4.3. If the Customer has purchased several separately usable goods in one order Electrolux may ship them in several separate deliveries. In this case Electrolux shall bear the additional shipping costs caused thereby. The Customer's statutory rights with respect to timely and proper delivery shall not be limited thereby.
2.4.4. If the Customer is a consumer the risk of accidental loss of the goods shall pass to the Customer from the time they are handed over to the Customer or a person designated by the Customer to accept them. If the Customer is an entrepreneur the risk shall pass to the Customer when the goods are handed over to the carrier or at the time of handover. If the Customer does not accept the ordered goods at the time of delivery all costs incurred by Electrolux for the unsuccessful offer as well as for the storage and preservation of the owed item shall be borne by the Customer.
2.5. Installation Services
2.5.1. The delivery of the goods shall only include installation if this is expressly stated on the website or if the Customer has separately ordered the installation of the goods by adding it to the order on the website. The following terms and conditions apply to all installation services performed by Electrolux or a third party appointed by Electrolux:
- The installation service is subject to its availability and will only be carried out within the territory of the Federal Republic of Germany.
- Prices for installations are set on the assumption that these services can be carried out under standard conditions. If access to the place of delivery is made difficult for reasons such as the presence of gates, narrow passages, traffic restrictions for heavy vehicles, reduced size of lifts, absence of lifts or hoists for deliveries to upper floors, or resulting from the need to adapt the furniture for the installation of the ordered goods, the Customer shall notify Electrolux thereof before placing the order. If the Customer fails to notify Electrolux of such difficulties Electrolux reserves the right to charge the Customer for the costs incurred as a result.
- Electrolux or the third party will contact the Customer to arrange an appointment for the installation services to be carried out. The Customer agrees to allow the installer to visit its premises and carry out the installation services.
- The installation will only take place if someone is present in the designated premises during the appointment and access to the premises is guaranteed. The installer shall not wait beyond the agreed date. If the appointment is missed the Customer may arrange a new appointment. The costs incurred as a result shall be borne by the Customer.
- If the installer is unable to carry out installation work due to the unavailability of electricity and/or an internet connection, a water supply or due to other disruptions or obstructions at the intended locations, the Customer shall bear the additional costs for a new installation appointment, insofar as the Customer is responsible for the aforementioned disruptions.
- The Customer is entitled to demand that the installation be provided again or to withdraw from the installation contract if the installation provided has not been carried out without defects. If the defective installation is due to (i) (installation) instructions given by the Customer in contravention of Electrolux's or the installer's instructions, (ii) misuse, neglect, physical damage, tampering or incorrect adjustment by the Customer or (iii) normal wear and tear, Electrolux may claim reasonable compensation.
- If the Customer wishes to return or exchange an ordered product after installation without a defect, the product will be uninstalled at the Customer's expense.
2.5.2. For certain goods, the Customer has the option of purchasing additional services on the website, such as an extended warranty or special delivery conditions. Such additional services may be subject to further terms and conditions, which in this case will be displayed and provided to the Customer at the time of ordering and accepted separately by the Customer.
2.6. Price and delivery costs
The prices of the goods and the additional services on the website are inclusive of VAT. Unless otherwise stated on the website or during the ordering process, the prices do not include delivery costs which are stated separately on the website. Prices are subject to change at any time but not with effect for the past.
2.7.1. Payment is limited to the means of payment offered on the website.
2.7.2. The payment order given to the Customer's bank with a card payment is irrevocable. With the information transmitted by the card payment, the Customer authorises Electrolux to debit the specified account in the amount of the purchase price.
2.7.3. Electrolux takes all measures to ensure the confidentiality and security of the data transmitted on the website.
2.8. Return guarantee
2.8.1. In addition to the statutory right of withdrawal, Electrolux offers the Customer a voluntary return guarantee. Within 30 days of receipt of the goods, the Customer may return them to Electrolux if the goods are complete and in the same condition as when received. Goods for which there is no legal right of withdrawal due to their nature cannot be returned even under the return guarantee. In order to exercise the return guarantee, the Customer must declare to Electrolux in due time that he/she intends to make use of the guarantee. The voluntary return guarantee has no effect on the start or end of a statutory period.
2.8.2. The above return guarantee may be exercised by the Customer sending a notification to Electrolux by post to the following address Hausgeräte GmbH, Fürther Str. 246, 90429 Nuremberg or by e-mail to AEG.firstname.lastname@example.org . The notification can be made either by providing Electrolux with a completed return form available at the following link or by making any other explicit statement about the return of the ordered goods.
2.8.3. In the event of a return, the Customer must arrange for the return of the ordered goods no later than fourteen (14) days after notification to Electrolux. For goods that have been delivered by Electrolux the Customer must contact Electrolux to arrange a time for collection of the goods. Collection is only possible at the original delivery address.
2.8.4. If the Customer returns the ordered goods under the return guarantee Electrolux will refund the purchase price to the Customer within fourteen (14) days. However, Electrolux may withhold the refund until the return has been received by Electrolux. The transport risk shall be borne by the Customer.
2.8.5. The voluntary return guarantee does not affect the Customer's statutory rights and claims or the right of withdrawal pursuant to Article II.
2.9. Warranty and Claims
2.9.1. The warranty and liability of Electrolux shall be governed by Clause III. 1.4 and 1.5 of these General Terms and Conditions.
2.9.2. The Customer may contact Electrolux regarding complaints or claims based on warranty claims or an additionally assumed warranty either by mail to Electrolux Hausgeräte GmbH, Fürther Straße 246, 90429 Nuremberg, Germany or by e-mail email@example.com.
2.10. Extended Guarantee
2.10.1. In addition to the warranty referred to in Article 2.9.1, the Customer may be entitled to an extended guarantee as specified in the invoice.
2.10.2. Apart from the duration of the warranty period, the general terms and conditions of warranty provided shall apply, available among others at https://www.aeg.de/overlays/garantiebedingungen/.
2.11. Installation and Use
2.11.1. The product must always be installed and used in accordance with the instructions and warnings in the user manual.
2.11.2. Unless the installation service has been ordered via the website or is explicitly included in the order, the Customer is responsible for the correct installation.
2.11.3. The installation of some goods requires the use of authorised and professionally qualified personnel in order to avoid the risk of damage to the premises and/or the ordered goods and/or personal injury, especially when installing, using and maintaining components for the use of gas, electrical equipment, hydraulic parts and related components. The Customer is obliged to read and follow the instructions for use and/or the instructions on the packaging of the goods ordered.
2.11.4. Electrolux accepts no responsibility for claims resulting from the unsuitable use of the goods, their incorrect handling or incorrect installation by the Customer or by third parties commissioned by the Customer.
2.11.5. For any information regarding the maintenance of the goods, the Customer should read the user manual or contact Electrolux.
IV. GENERAL REPAIR CONDITIONS
1. Execution of the Repair
1.1. Electrolux will repair large appliances (e.g. fully automatic washing machines, dishwashers) at the place of installation, unless the appliance can only be repaired professionally in a workshop; in the latter case, Electrolux will collect the appliance from the Customer at the Customer's expense. The time of repair can only be determined to the day. Small appliances will not be repaired at the Customer's premises. The shipping costs shall be borne by the Customer. However, for Customers who are consumers, this shall only be to the extent that the repair is not covered by the statutory warranty.
1.2. The customer service technician's working time shall be invoiced according to labour values or the prices offered in the individual case, e.g. fixed prices. If invoicing is based on work values, one work value corresponds to a working time of five minutes. The values invoiced per order include two work values for work preparation. The travel costs are made up of a proportion of the travel time and a flat rate for motor vehicles. The repair costs are to be paid within 14 days after receipt of the invoice, insofar as no other payment deadline is specified therein.
1.3. Electrical equipment may only be repaired by appropriate electricians in accordance with the relevant safety and accident prevention regulations.
2. Warranty, liability
In the event of a defective repair, the Customer shall be entitled to the statutory rights under the law on contracts for work and services (Sections 634 et seq. of the German Civil Code (BGB)). Claims of the Customer due to defects in the work performance shall be subject to a limitation period of one year. Electrolux's liability shall be governed by Clause III. No. 1.5 of these GTC.
Electrolux shall be entitled to a contractual lien on the equipment that has come into Electrolux's possession on account of its claim under the order. If an item of equipment is not collected within three months after a written request to do so and the remuneration is not paid or acceptance of a return delivery is refused, the obligation for further storage and any liability on the part of Electrolux for slight negligence in the event of damage and destruction shall lapse. After expiry of this period, Electrolux shall be entitled to sell the equipment at its market value, giving one month's notice of the sale. Any excess proceeds shall be refunded to the Customer.
IV. CUSTOMER SATISFACTION AND DATA PROTECTION
1. The services of Electrolux also include the follow-up of the delivery or the preparation and follow-up of the repair. As part of the preparation of the repair, Electrolux shall agree with the Customer on a date and manner of the repair. The sole purpose of the follow-up is to determine the Customer's satisfaction with the delivery of the goods or the repair. In this connection, Electrolux or a service provider commissioned by Electrolux will contact the Customer by post, e-mail or telephone promptly after delivery of the goods or the repair. Based on this feedback from the Customer, Electrolux will, if applicable, take the necessary measures to rectify complaints or prevent them in the future. In this way, Electrolux wants to ensure that the goods delivered or the repairs carried out and the handling of the order meet the Customers' expectations. Electrolux therefore considers this follow-up to the delivery to be essential to good service. The Customer shall be entitled at any time to object to Electrolux contacting the Customer for the purpose of follow-up.
2. Electrolux processes the entrusted personal data in compliance with the applicable data protection provisions. This includes, in particular, the lawfulness of the processing, the processing in good faith and transparency, the purpose limitation, the determination, the accuracy of the processing, the storage limitation as well as the integrity and confidentiality of the personal data. This shall also apply to any processing by third parties which shall be carried out exclusively in compliance with the applicable data protection provisions.
3. Please refer to our data protection declaration for information on the duty to provide information in accordance with Article 13 of the EU General Data Protection Regulation and for further information on the handling of personal data of our business partners.
V. OBLIGATION TO COMPLY WITH APPLICABLE LAW, PROHIBITION OF RESALE AND EXPORT
1. Electrolux attaches importance to the fact that its contractual partners and Customers who are entrepreneurs like Electrolux itself are committed to fair competition and in particular observe the laws applicable to them in each case. The Customer who is an entrepreneur therefore expressly undertakes, also vis-à-vis Electrolux, to observe and not to violate the applicable laws, in particular the antitrust and criminal laws, within the scope of the business relationship with Electrolux.
2. If the Customer is an entrepreneur the resale of purchased goods to non-European countries is not permitted (export ban). If the Customer is a wholesaler resale of purchased goods to end consumers is prohibited.
VI. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
1. Electrolux is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act (VSBG).
2. The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.
3. All claims arising out of or in connection with these terms and conditions shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
4. All disputes arising from or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the competent courts in Nuremberg, insofar as the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law.
Status: 01 Jan. 2022
Excellent, the AEG-Electrolux Customer Service:
DEKRA has confirmed that the Electrolux Service meets the high requirements of DIN EN ISO 9001.