Terms and Conditions

1. Scope

The following General Terms and Conditions apply to all orders and deliveries between diwima GmbH and the buyer/customer, conducted via the online shop www.diwima.de.

2. Conclusion of Contract, Prices, and Shipping Costs

The offers in our online shop www.diwima.de are non-binding. A binding purchase contract is only concluded when your online order is confirmed via email. All prices include the statutory VAT and are subject to additional shipping costs.

3. Payment Terms

We accept payment via prepayment, cash on delivery, or offsetting against claims legally established or acknowledged by ACS. Ownership of the goods remains with us until full payment has been made.

4. Warranty and Liability

The following warranty periods apply:

• For used goods purchased by a consumer, the warranty period is one year.

• For newly manufactured goods purchased by a business, a legal entity under public law, or a special fund under public law, the warranty period is one year.

• For used goods purchased by a business, a legal entity under public law, or a special fund under public law, the warranty is excluded.
  In all other cases, the statutory warranty period of two years applies.

5. Information on Battery and Accumulator Returns

Many devices include batteries and/or accumulators in their delivery scope. As a distributor of batteries or accumulators, we are obligated under § 12 of the Battery Ordinance to point out the following:
You are legally required to return used batteries and accumulators. Disposal in household waste is not permitted. Batteries and accumulators can be returned by sending them to us or disposing of them free of charge in collection containers at retail outlets near you or at municipal collection points. If you send batteries or accumulators back to us, please ensure adequate postage and send them to:

ACS & EL Computer UG (haftungsbeschränkt)
Endelerkamp 15,
D-45481 Mülheim a.d. Ruhr

Batteries containing hazardous substances are marked with a crossed-out garbage bin symbol and the chemical designation of the hazardous substance, e.g., "Cd" for cadmium, "Pb" for lead, "Hg" for mercury.
These notes can also be found in the accompanying documents of our shipments or in the manufacturers' operating instructions. Additional information can be found in the Battery Ordinance at: Battery Ordinance.

6. Severability Clause, Place of Performance, Jurisdiction

For contracts with merchants, legal entities under public law, or special funds under public law, German law exclusively applies. The place of performance for delivery and payment, as well as the place of jurisdiction, is agreed to be the registered office of our company in Mülheim an der Ruhr.

7. Retention of Title; Set-Off; Right of Retention

1. For consumers, we retain ownership of the goods until the invoice amount has been paid in full. If you are a business, exercising your trade or self-employed professional activity, a legal entity under public law, or a special fund under public law, we retain ownership of the goods until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.

2. You are only entitled to offset claims if your counterclaims are legally established, undisputed, or acknowledged by us. Additionally, you may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

8. Right of Withdrawal

You have the right to revoke your contractual declaration within 14 days without giving any reason in text form (e.g., letter, fax, email) or, if the item is delivered to you before the deadline, by returning the item. The withdrawal period begins upon receipt of this notice in text form but not before the goods are received by the recipient, and for recurring deliveries of similar goods, not before the first partial delivery, and not before fulfilling our information obligations according to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 of the EGBGB and our obligations under § 312g paragraph 1 sentence 1 of the BGB in conjunction with Article 246 § 3 of the EGBGB. To comply with the withdrawal period, it is sufficient to send the withdrawal or the goods in time.

The withdrawal must be sent to:

diwima GmbH
Am Mittelhafen 10,
48155 Münster

or via email:
info@diwima.de

Consequences of Withdrawal:
In the event of an effective withdrawal, mutually received services must be returned, and any benefits (e.g., interest) must be surrendered. If you cannot return or surrender the received service or benefits (e.g., usage advantages) or can only return or surrender them in a deteriorated condition, you must compensate us accordingly. You are only required to compensate for the deterioration of the goods and for any benefits derived from them insofar as the use or deterioration is due to handling the item beyond checking its properties and functionality. "Checking the properties and functionality" refers to testing and trying out the goods, as is possible and customary in a retail store. Returnable items must be returned at our risk.

You must bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the returned item does not exceed 40 euros or if, in the case of a higher price of the item, you have not yet provided consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return is free of charge for you. Non-returnable items will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration or the item and for us upon receipt.

End of Withdrawal Policy

The right of withdrawal does not apply to distance contracts for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed.

9. Cost Responsibility for Returns after Withdrawal

In the event of a withdrawal, the customer bears the costs of returning the goods if the delivered goods correspond to the order and the price of the returned goods does not exceed 40 euros, or if the customer has not yet provided consideration or a contractually agreed partial payment at the time of withdrawal for goods with a higher price. Otherwise, the return is free of charge for the customer.

10. Exclusion of Return Rights for Businesses

The right of withdrawal under clause 8 does not apply if the purchase is made by a business in the exercise of its commercial or independent professional activity.