Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 General Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (AXT-electronic GmbH & Co.KG) via the website www.axt-electronic.org. Unless otherwise agreed, the inclusion of any of your own terms and conditions that you may use is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Accessibility

(1) In accordance with Section 14 para. 1 no. 2 in conjunction with Annex 3 no. 1 BFSG, we provide information on how our website or our service in electronic commerce meets the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. "Accessibility Statement" or similar designation) on our website and includes in particular the following points:

a description of the applicable accessibility requirements;
a general description of the service in an accessible format;
descriptions and explanations necessary for understanding the performance of the service;
a description of how the service meets the relevant accessibility requirements.

(2) The contact details of the competent market surveillance authority are as follows:

Market Surveillance Authority of the Federal States for the Accessibility of Products and Services - Institution under Public Law (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Telephone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de

(3) We may use artificial intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to take into account a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found under the separate, appropriately labelled button referred to in para. 1 on our website.

(4) Our website or our service in electronic commerce is accessible if it can be found, accessed and used by people with disabilities in the generally usual way, without particular difficulty and, in principle, without outside help.

(5) The measures for implementing the accessibility requirements include, for example, clearly recognisable font sizes and sufficient colour contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (insofar as videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, adaptable display options for various end devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods .

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" button or "Proceed to Order" (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the option of checking the information in the order overview again, changing it (also via the "back" function of the internet browser) or cancelling the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to payment", "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your enquiries for the preparation of an offer are non-binding for you. We will submit to you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by email, partly automatically. You must therefore ensure that the email address you have deposited with us is correct, that receipt of the emails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 4 Special agreements on offered payment methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:

Invoice ("Pay Later"): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms and conditions for the option to extend the payment period can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.

Instalment purchase ("Financing"): Further information on instalment purchase including the General Terms and Conditions and the European Standard Information for Consumer Credit for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms and conditions for the "Pay in 3 instalments" payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.

Direct debit ("Pay Now")

Credit card ("Pay Now")

The use of the payment methods invoice and/ or instalment purchase and/ or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks within the framework of the initiation of the purchase and the processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible on the basis of the results of the credit check.

Further information about Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; insofar as special payment conditions apply for this, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 Warranty

(1) The statutory liability for defects rights apply.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of complaints as quickly as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law, place of performance, jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is filed. The authority to also call upon the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer Information

1. Identity of the seller

AXT-electronic GmbH & Co.KG
Wartburgstraße 10
99817 Eisenach / OT Stedtfeld
Germany
Telephone: 03691819210
E-Mail: service@axt-electronic.de

We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, storage of contract text

3.1. Contract language is German .

3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping basket system the contract data can be printed out using the browser's print function or saved electronically. After receipt of the order by us, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. In the case of offer enquiries outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the goods or service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and payment arrangements

5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

5.4. Costs incurred for the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU Member State but payment was initiated outside the European Union.

5.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. Statutory liability for defects

The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These GTC and customer information were created by the lawyers of Händlerbund specialising in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 22/10/2024