General Terms and Conditions for the webshop of AGCO Deutschland GmbH / AGCO International GmbH(as of January 2020)
Sect. 1 Scope of application, definitions
- (1) The following General Terms and Conditions of Business apply to all business relations between you as a customer from Germany and us, AGCO Deutschland GmbH (hereinafter also referred to as "AGCO"), or for customers outside Germany, to all business relations between you as a customer and AGCO International GmbH (hereinafter also referred to as "AGCO"), which are initiated and processed via our webshop. The version of our General Terms and Conditions that applies at the time the order is made is decisive. Any deviating terms and conditions of the purchaser shall not be recognised unless AGCO expressly agrees to their validity in writing.
- (2) The goods and services we offer via the webshop are aimed exclusively at consumers as end users. For the purposes of these General Terms and Conditions, (i) a "consumer" is any natural person who concludes the contract for a purpose that is outside his commercial or self-employed trade, business or profession (sect. 13 German Civil Code) and (ii) an "entrepreneur" is a natural or legal person, or a partnership with a legal capacity who or which, when entering into a legal transaction, acts in order to exercise his or its trade, business or profession (sect. 14 para. 1 German Civil Code).
Sect. 2 Conclusion of the contract
- (1) The goods and services offered in our webshop do not yet constitute the conclusion of a contract, but merely an invitation to place an order.
- (2) With your order you submit an offer to us to conclude a purchase contract. The purchase contract is concluded by us sending the ordered item to you. The confirmation of the receipt of your order is not an acceptance of your offer. It merely serves to inform you that this order has been received.
Sect. 3 Revocation of the consumer, exclusion of the revocation
(1) As a consumer you have a right of revocation. The conditions and legal consequences of the right of revocation result from the following revocation instruction.
You have the right to withdraw from this contract within fourteen days without the need to state reasons.
In the case of delivery of goods, the withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took (or has taken) possession of the last goods.
AGCO Deutschland GmbH
c/o AGCO GmbH
of your decision to withdraw from this contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post). You may use the standard withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of exercising the right of withdrawal before the end of the withdrawal period.
If you withdraw from this contract, we shall immediately reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), and at the latest within fourteen days from the day on which we receive the notification of your withdrawal from this contract. For this refund, 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 refund. We may refuse to make a refund until we have received the goods or until you have provided us with proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and, in any event, within fourteen days at the latest from the date on which you notify us of withdrawal from this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen day period.
We shall bear the costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to any handling of the goods that is not necessary for testing the condition, properties or functionality of the goods.
(2) According to sect. 312g German Civil Code, the right of withdrawal does not exist, among other things,
- a) in the case of the delivery of goods which are not prefabricated and for the production of which, individual choice or determination by the consumer is decisive or goods which are clearly tailored to personal needs; and
- b) if, in the case of the delivery of sealed goods which cannot be returned for reasons to do with the protection of health or hygiene, their seal has been removed after delivery; and
- c) if, in the case of the delivery of sound or video recordings or computer software in a sealed package, the seal has been removed after delivery; and
- d) in the case of the delivery of newspapers, periodicals or magazines, other than subscription contracts.
Sect. 4 Prices, terms of payment, reservation of title
- (1) Unless agreed otherwise, the prices that are applicable on the day the contract is concluded and stated in our webshop shall apply. All prices include the statutory VAT that is applicable at the time. Default occurs 14 days after the invoice is issued.
- (2) Payments can generally be made by credit card, PayPal or immediate bank transfer. AGCO reserves the right to exclude certain methods of payment in individual cases, depending on the order value and creditworthiness of the purchaser. The individual steps and payment options are explained during the ordering process.
- (3) As the customer, you shall only be entitled to offsetting rights if your counterclaims have been legally established, are undisputed and have been recognised by us. Furthermore, you are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.
- (4) Deliveries are only made within the European Union and Switzerland. You will find further information on the "Delivery" page.
- (5) The goods remain our property until full payment has been received. If you are more than 10 days in arrears with the payment, we have the right to withdraw from the contract and demand the return of the goods.
Sect. 5 Shipping costs, delivery and service conditions
- (1) The shipping costs may vary depending on the delivery method and the nature of the order. For more information concerning the shipping costs, please see the "Delivery" page.
- (2) We deliver the goods according to the agreements made with you. The delivery time can be found in detail in the order overview.
Sect. 6 Warranty, liability
- (1) The statutory provisions relating to warranties apply.
- (2) We are only liable for damages in the cases of letters a) to d) as follows:
- (a) for fatal injury, physical injury and/or risks to health, and for damages caused intentionally or by gross negligence without limitation;
- (b) for damages resulting from non-compliance with any guarantees given in writing to the extent of your financial interest as a purchaser which is covered by the purpose of the guarantee and which was identifiable to us when it was given;
- (c) in cases of product liability under the Product Liability Act;
- (d) for the breach of material contractual obligations due to slight negligence, the resulting liability for damages is limited to the extent of damage that we could have typically expected at the time the contract was concluded due to the circumstances known to us at that time. Essential contractual obligations are for example, basic obligations which were decisive for the conclusion of your contract and upon the observance of which, can be relied upon;
- (3) Any further liability for damages on our part, regardless of the legal basis, is excluded.
- (4) In the cases described in paragraph 1 d), claims for damages and the reimbursement of expenses shall become statute-barred after twelve months. The period of limitation begins in accordance with sect. 199 German Civil Code.
- (5) Insofar as our liability is excluded according to these provisions, this shall also apply to the liability of our executive bodies and vicarious agents, especially employees.
Sect. 7 Data protection
- (1) We will collect, process and store all of the personal data provided by you exclusively in accordance with the provisions of the applicable data protection law.
- (2) It is necessary to use your personal data in order to process the contract concluded with you. Any use beyond this requires your express consent. Details of the data that is collected and its respective use can be found in our data protection declaration.
Sect. 8 Customs
When ordering products from AGCO for delivery outside the EU, import duties and taxes may apply and are levied once the package reaches its destination. Such additional charges for customs clearance are beyond our control and must be borne by you. Customs regulations vary greatly from country to country, so if in doubt, you should contact your local customs office for further information. Please also note that when ordering from AGCO, you are considered the importer and you must comply with all laws and regulations of the country in which you receive the products. Cross-border shipments may be opened and searched by customs authorities.
Sect. 9 Identity of supplier, contact
AGCO Deutschland GmbH
(2) Complaints may be made at the address stated above.
Sect. 10 Information concerning online dispute resolution
The European Commission has provided an Internet platform for online dispute resolution (the so-called "OS platform") in order to settle consumer disputes out of court. This platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.
AGCO will not take part in alternative dispute resolution proceedings before a consumer arbitration board as defined by the Consumer Arbitration Settlement Act and is not obliged to do so.
Sect. 11 Final provisions
- (1) German law shall apply to the exclusion of the UN Sales Convention.
- (2) If individual provisions of these General Terms and Conditions are or become invalid, the validity of the remaining contractual provisions shall not be affected.
AGCO International GmbH