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General Terms and Conditions for the Web Shop of AGCO International GmbH
(Last updated: June 2014)
Section 1 Scope of application, definitions
(1) The following General Terms and Conditions shall apply to all business relationships between you, the customer, and us, AGCO International GmbH (hereinafter also referred to as "AGCO"), that are initiated and processed through our Web Shop. The version of our General Terms and Conditions which is valid at the time of ordering shall be decisive. Any terms and conditions of the party placing the order deviating therefrom shall not apply unless AGCO expressly recognizes the validity of said terms and conditions in writing.
(2) The goods and services offered by us via our Web Shop are targeted exclusively at end consumers. For the purposes of these General Terms and Conditions, (i) "consumer" shall mean any natural person who enters into a legal transaction for a purpose that is predominantly outside his or her trade, business or profession (Section 13 of the German Civil Code [BGB]) and (ii) "entrepreneur" shall mean a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 para. 1 BGB).
Section 2 Conclusion of agreement
(1) The goods and services offered in our Web Shop do not represent an offer for the conclusion of an agreement but rather only a request that customers place an order.
(2) In placing an order, you are making us an offer to conclude a sales agreement. The sales agreement shall be finalized through the ordered items being sent to you. Confirmation that your order has been received shall not constitute acceptance of your offer. The sole purpose of this confirmation is to inform you that the order has been received.
Section 3 Consumer's right of withdrawal, exclusion of the right of withdrawal
(1) As a consumer, you have a right of withdrawal. The prerequisites for this right and the legal effects thereof are as stated in the instructions on the right of withdrawal below.
Instructions on the right of withdrawal
Right of withdrawal:
You have the right to withdraw this agreement within fourteen days without providing a reason for doing so.
The withdrawal period will expire after 14 days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last item of goods.
To exercise your right of withdrawal, you must inform us
of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back or hand over the goods to us undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.’
(2) Pursuant to Section §312g German Civil Code (BGB), there shall be no right of withdrawal if, among other things,
a) goods are delivered that have not been prefabricated and are to be used to produce an individual selection or for some other use determined by the consumer, or that have clearly been customized;
b) the goods delivered are sealed and cannot be returned for reasons of health safety or hygiene if the seal has been broken;
c) the goods delivered are sound or video recordings or computer software in sealed packaging and the seal was broken after delivery or
d) if the goods delivered constitute newspapers, magazines or glossy magazines, with the exception of subscriptions.
Section 4 Pricing, payment conditions, retention of title
(1) Unless otherwise agreed, the prices listed in our Web Shop on the day upon which the agreement is concluded shall be considered authoritative. Delay shall be defined as 14 days after the invoice is issued.
(2) Payment can be made via credit card and PayPal. AGCO reserves the right to exclude certain payment options depending on the order amount and the credit standing of the party placing the order.
(3) You, as the party placing the order, shall only have the right to offset against said claims if your counterclaim is legally asserted, undisputed or recognized by us. In addition, you shall only have the right to exercise your right of retention to the extent that your counterclaim is based on the same contractual relationship.
(4) Deliveries shall only be made within the European Union and Switzerland.
(5) The goods shall remain our property until payment has been received in full. If you are in delay of payment by more than 10 days, we shall have the right to withdraw from the agreement and request that you return the goods.
Section 5 Shipping costs, terms of delivery and service
(1) Shipping costs may vary depending on the type of delivery and nature of the order. Please refer to the page on shipping costs for more information on shipping fees.
(2) We shall deliver the goods in accordance with the agreement concluded with you. Please refer to the order overview for details about the delivery date.
Section 6 Warranty, liability
(1) The legal warranty regulations shall apply.
(2) We shall be liable for compensation for damages only in the cases described under a) through d) as follows:
(a) unlimited in cases involving damage to life, limb and/or health as well as damages caused by willful intent or gross negligence;
(b) for damage and/or loss arising from failure to comply with any warranties issued in writing, within the scope of your property interest, which is covered by the purpose of the warranty and which was apparent to us upon issuance thereof, as the party who placed the order;
(c) in cases of product liability pursuant to the German Product Liability Act (Produkthaftungsgesetz);
(d) liability for damages involving violation of essential contractual obligations due to slight negligence shall be limited to the scope of damage that we would typically expect upon concluding the agreement based on the factors and conditions of which we were aware at that time. Essential contractual obligations refer to basic obligations that were decisive in your decision to conclude the agreement, and compliance with which is to be expected.
(3) Any other liability for damages on our part shall be excluded, regardless of cause in law.
(4) Claims for damages and reimbursement of expenses listed under para. 1 d) shall expire after twelve months. The expiration period shall begin pursuant to Section 199 German Civil Code (BGB).
(5) Where our liability is excluded in accordance with these terms and conditions, the same shall apply to the liability of our corporate bodies and vicarious agents, particularly to that of our employees.
Section 7 Data protection and privacy
(1) We shall collect, process and save all personal information provided by you exclusively in accordance with the provisions specified by the German Data Privacy Law.
Section 8 Customs
When ordering products from AGCO for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges are not under our control and customs clearance must be borne by you. Customs policies vary widely from country to country, so you may want to contact your local customs office for further information. When ordering from AGCO, you are considered the importer of record and you must comply with all laws and regulations of the country in which you are receiving the products. Cross-border deliveries may be subject to opening and inspection by customs authorities.
Section 9 Identity of the supplier, contact
(1) The webshop is operated and managed by:
AGCO Deutschland GmbH
(2) Complaints can be reported to the aforementioned address.
Section 10 Final provisions
(1) German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If individual terms and conditions of these General Terms and Conditions should be or become invalid, then this shall not affect the validity of the remainder of the agreement’s contents.
AGCO International GmbH