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Terms & Conditions for purchases from Robotixx GmbH (Date: 04/2007)
1. Validity of the general Terms & Conditions
1.1. The following terms and conditions apply to purchases made from Robotixx GmbH (in the following “Robotixx”).
These conditions set out the agreement between you (customer) and us (Robotixx GmbH, Germany) for purchases made from this website. To purchase from this site you will need to provide an email address as this will be the preferred form of contact.
1.2. These terms and conditions may be modified or terminated by Robotixx GmbH without notice at any time for any reason. We suggest you print a copy to keep it for your records.
2. Offer and signing of contract
2.1 The information displayed on this website, including prices, does not constitute an offer to contract or enter into an agreement. When you place an order via this website for products and/or services your order shall constitute an offer for the goods and/or services selected.
2.2 We shall not be obliged to accept your order. If we do, your order will be accepted by us by means of an email confirming the order. Confirmation of orders will be sent to the email address supplied by you when the order was placed.
2.3 A contract for the products requested by you shall only be formed once our confirmation message has been successfully sent to the address of your electronic mailbox or your internet access providers’ server. It is your responsibility to verify that your mailbox is in proper working order and that you are solely responsible for all transmission or operational failures.
3. Information-duties
3.1 The customer is indebted with the registration to provide truthful statements. If the provided address data of the customer changes, especially name, delivery address or e-mail-address, it is the customers’ duty to inform the supplier of this alteration through an e-mail instantaneously.
If the customer omits this information or provides false data, especially a wrong e-mail-address, the supplier, providing a contract was made, can resign from this contract. The resignation is explained in writing. Sending of an e-mail is sufficient.
3.2 The imperfection of the statements is suspected, if an e-mail directed to the customer returns three times consecutively, or the performance cannot be produced on the basis of a faulty address. The customer has to pay for the accrued shipping-costs.
4. Prices and terms of payment
4.1 The list-prices are applicable to the delivery at the time of the order.
4.2 Our prices include legal value added tax. The shipping-costs are not included.
4.3 Installation, training and other additional-performances are not included in the price.
4.4 Payments are required to be paid immediately on receiving the bill. A payment is regarded as made when Robotixx has the amount due at their disposal.
4.5 The product will be delivered to the customer only against pre-cash register.
4.6 Provided no other statements are made, prices refer to the European currency (Euro). Payments are to be made in Euro.
5. Time of delivery
5.1 The period of delivery begins with the confirmed order.
5.2 The period of delivery will lengthen until the customer has provided all statements and records which are necessary for the implementation of the order.
5.3 The period of delivery will lengthen until the pre-cash register-amount is received by Robotixx.
5.4 Delivery-postponements, that are caused by legal or official orders (e.g. import and export-limitations) and are not represented by us, extend the time of delivery in accordance with the duration of such hindrances.
5.5 Provided a definite period or date are not arranged in writing, deliveries and performances of Robotixx will take place as quickly as possible, at the latest however within a period of four weeks. This delivery period is achieved when the products leave our premises before the end of the four weeks, or set date.
5.6 If Robotixx should not keep to an arranged delivery-date, the customer has to grant Robotixx an appropriate extension that cannot under-stride two weeks.
6. Retraction-right
6.1 The customer has the right to revoke the contract in accordance with the German legal regulations.
6.2 The retraction-period begins with the reception of the delivered merchandise. The customer is no longer tied to the order, if he revokes within a period of 2 weeks after receiving the merchandise.
6.3 In the case of a retraction no reason must be given and notification can be in writing (e-mail is sufficient) and through return of the merchandise
Ship to the following address:
Helmig MarketingService & Logistik GmbH & Co. KG
Niemannstraße 12–14
48477 Hörstel
Germany
6.4 Depreciations from use are to be reimbursed by the customer, unless, the depreciation is from examination of the merchandise as it would have been possible in the store. The value-liability can be avoided, in that the merchandise is not used as an owner would use it and everything is omitted, which impairs their value. The self-cleaning cat-toilet can therefore not be used with cat-litter and not be used by the animal either, if the customer wants to claim on the retraction-right.
6.5 With timely retraction, previously paid amounts will be reimbursed by Robotixx: At pre-cash register, the merchandise-values of the return incl. all shipping-costs are reimbursed. We therefore ask you to send back the returns freely to us, to avoid unnecessary penal-postage.
6.6 The penal-postage of unfree returns will be withdrawn from the credit-amount. With free returns, the shipping-costs for the return are fully reimbursed.
6.7 For the repayment, the customer must provide all necessary bank information unbidden (IBAN and BIC/Swift; e-mail is sufficient).
7. Delivery, shipping and danger-transition
7.1 The shipping-type, the shipping-way and the company put in charge of the shipping, is determined by Robotixx.
7.2 The responsibility for the safety of the merchandise goes to the customer as soon as the customer receives the merchandise. The customer must check the package for transportation-damages and must report them immediately to the carrier. All problems are to be reported immediately to Robotixx by e-mail.
7.3 If the merchandise can not be delivered to the address supplied by the customer, the customer gets in delay with the delivery. The customer has to refund the shipping-costs originated through the useless delivery.
7.4 The customer carries possibly accruing customs and clearance-costs.
7.5 Robotixx sends the merchandise in principle per post. Self-collection is not possible.
8. Guarantee / Liability-Exclusion
8.1 We guarantee for the duration of 24 months from delivery-date that the products are in full working order. A liability for normal wear is impossible.
8.2 The term of guarantee for refurnished products is 12 months from delivery-date.
8.3 Minor differences in colour, measurements and/or other qualities and features of the products are unavoidable and do not substantiate any claim of refund made by the customer.
8.4 The product guarantee does not include damages, that arise from inappropriate or improper usage, non-observance of application advice or faulty or careless treatment. This is especially applicable for the usage of the products with the wrong power supply, exceeding currents or exceeding the advised voltages. The same is applicable for deficiencies damages that arise due to fire, lightning, explosion, moisture and water.
8.5 The guarantee expires immediately, if the product is repaired or tampered with by anyone not previously authorised by Robotixx.
8.6 All obvious deficiencies must be reported in writing within the first 14 days after reception of the merchandise. Failing to comply with these conditions will result in forfeit of all claims on this deficiency.
In the commercial business, the §§ 377, 387 HGB, are valid complementary.
8.7 The guarantee period does not change or lengthen should an exchange of products or parts of the product occur; § 203 BGB remains unaffected.
8.8 Generally all claims which do not concern the product itself are excluded; especially loss of profit or other asset damages.
9. Other liability
9.1 For technical disturbances of the server of Robotixx as well as technical disturbances of the internet, Robotixx excludes all liability.
10. Proprietary-reservation
10.1 The product remains the property of Robotixx until the complete payment of the product has been made. The customer is not permitted to sell the merchandise during this period. The customer is indebted to treat the purchase matter with care.
11. Special return-right: Money-back-Guarantee!
11.1 The customer has the right to return the merchandise against reimbursement of the full purchase-price within 60 days. Contact returns@litter-robot.eu to get an RMA number within the 60-days period and send the product with written RMA number back to the following address:
Helmig MarketingService & Logistik GmbH & Co. KG
Niemannstraße 12–14
48477 Hörstel
Germany
11.2 The customer has the right to test the self-cleaning cat-toilet extensively and to accustom his animals to the cat-toilet.
11.3 The customer is committed to pay the entire freight cost for the merchandise in the case of Money-Back-Guarantee; this includes the delivery-costs to the customer and return-costs to Helmig Marketing Service & Logistik GmbH & Co. KG.
11.4 The returned products must be packed in cleaned and completely emptied condition and in the original box. Additionally, all delivered components must be returned (base, globe, waste-drawer, power adapter). Only then can the complete purchase-price be reimbursed.
Following costs accrue for returns with missing parts:
Missing base: 200,--€ incl. tax.
Missing Globe: 200,--€ incl. tax
Missing Waste Drawer: 100,--€ incl. tax
Missing power supply: 30,--€ incl. tax.
Missing original box: 30,--€ incl. tax.
Product not cleaned: 40,--€ incl. tax.
12. Personal data protection
The necessary business data is stored and all personal data is treated confidentially. The customer declares himself hereby in agreement that the stored data is passed to the producer Automated Pet Cares Inc., USA as well as to the services companies chosen by Robotixx. These companies are committed to treat the data confidentially and are not permitted to pass any data on to third parties.
13. Law and Place of Jurisdiction
Any contracts formed between you and us via this website will be deemed to have been made in Germany and shall be governed and construed according to German law. Any disputes or proceedings shall be subject to the exclusive jurisdiction of the German Courts.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) from the 11.04.1980 is excluded.
14. SEVERABILITY
Any part of this agreement which is held to be invalid or unenforceable under the laws of any place where this terms & conditions is to be performed or is sought to be enforced shall be enforceable to the maximum extent permitted by law, without invalidating its effect elsewhere in the agreement. The provision which is invalid or impracticable shall be deemed to be replaced by a valid and feasible provision which comes as close as possible to the economic purpose of the invalid provision.
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