Terms and Conditions
1. General - Scope
1) These terms and conditions apply to all current and future business relationships. Deviating, conflicting or supplementary general terms and conditions of business, even if known, are not part of the contract, unless their validity is expressly agreed in writing.
2) These terms and conditions apply exclusively to entrepreneurs, that is, to natural or legal persons or partnerships with legal capacity, with whom business relationships are entered into that are in the exercise of a commercial or independent professional activity.
2. Conclusion of contract
1) All offers on our website and in our price list are not binding and subject to change. This applies in particular to prices, illustrations and brochures.
2) With the order of a commodity with us the orderer declares binding to want to acquire the ordered commodity. We are entitled to accept the contract offer from us in the order within two weeks after receipt. The acceptance can be declared either in writing or by delivery of the goods to the customer.
3) The contract is concluded subject to the correct and timely delivery by our suppliers. This only applies in the event that the non-delivery is caused by an obstacle that we are not responsible for, in particular when concluding a congruent hedging transaction with our supplier. The customer is informed immediately about the unavailability of the service. The consideration is, as far as already provided, immediately refunded.
4) If the delivery time is not adhered to, the purchaser may set a grace period of at least 14 days in writing. After fruitless expiry of this period, a further period of at least 10 days is set. If this grace period has also passed without success, the customer may withdraw from the purchase contract. A claim for damages is not considered, unless the delay is based on intent or gross negligence on our part or one of our vicarious agents.
3. Submitted documents
We reserve the right of ownership and copyrights to all documents provided to the orderer in connection with placing the order. These documents may not be made accessible to third parties, unless we give the orderer our express written consent. As far as we do not accept the offer of the orderer within the period from above 2., these documents are to be returned to us immediately.
4. Minimum order value, prices and payment
1) The minimum order value is ¤ 50.00 plus . statutory VAT in each valid amount. For new customers we supply the first 3 orders against prepayment.
2) The prices indicated on our website and in our price list are valid from our company headquarters plus the packaging and shipping costs and the statutory VAT in the respective valid amount.
3) Payment of the purchase price must be made exclusively to the account named overleaf. The deduction of cash discount is only permitted with a written special agreement.
4) Unless otherwise agreed, the purchase price must be paid within 30 days from the invoice date. In the event of late payment default interest in the amount of 8,000% points above the respective base interest rate will be charged. The assertion of a higher damage caused by default remains reserved.
5) Unless a fixed price agreement has been made, reasonable price changes remain due to changes in labor, material and distribution costs for deliveries made 3 months or later after conclusion of the contract.
5. Delivery time
1) If a delivery time is agreed or required, the following applies:
The delivery dates quoted by us are non-binding, unless they have been expressly confirmed by us in writing as a "binding delivery date".
2) The delivery by us is subject to self-supply. We will inform the customer immediately, if a self-delivery does not take place.
If a self-delivery does not take place, the purchase contract is considered not closed. A procurement risk assumed by us does not exist.
3) Prerequisite for compliance with the delivery time is the timely fulfillment of the contractual obligations assumed by the customer, in particular the performance of the agreed payments.
4) Incidentally, in the event of a delay for which we are responsible for the assertion of further rights, the purchaser is only authorized if a grace period of at least 3 weeks set by him after default has expired fruitlessly.
6. Transfer of risk - dispatch
1) The dispatch takes place exclusively on calculation and danger of the orderer. The risk of accidental loss and accidental deterioration of the goods shall pass to the purchaser upon delivery, upon dispatch purchase upon delivery of the goods to the freight forwarder, the carrier or the carrier otherwise intended to carry out the shipment.
2) The transfer is the same if the customer is in default of acceptance.
3) If the customer does not specify a special shipping request, we will ship the goods on the appropriate shipping route.
4) Any detected damage in transit must be reported immediately and the goods are to be sent to us with a declaration of acknowledgment by the forwarding agent, post office, rail or other parcel service as well as a declaration of assignment by the customer. Thereafter, a substitute delivery can be made by us, as far as the conditions of a claim of the transport company are given and the purchaser has handed over all necessary documents and information.
5) The shipping / transport takes place at the expense of the customer. Deliveries in Germany are dispatched from an order value of ¤ 650.00 net, deliveries abroad from an order value of ¤ 1.200,00 net free of charge.
7. Retention of title
1) We reserve the title to all goods delivered by us until the customer has completely settled all claims from the current business relationship.
2) The purchaser is entitled to the goods in the ordinary course of business resell . He now assigns to us all claims in the amount of the invoice, which accrue to him through the resale against a third party. We accept the assignment. After the assignment, the customer is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the customer fails to meet his payment obligations properly and is in default of payment.
3) The customer is obliged to treat the goods with care.
4) The purchaser is obliged to notify us immediately of access by third parties to the goods, for example in the case of a seizure, as well as any damage or destruction of the goods. The ordering party further undertakes to immediately point out our rights (retention of title) in the event of seizure of the reserved goods or claims assigned to us by third parties, the garnishees and the enforcement authorities involved, and otherwise to do everything to safeguard our rights. A change of ownership of the goods and their own place of residence or location change , the purchaser, as far as retention of title exists, must also inform us immediately. The customer must prove at any time on request, where the reserved goods are located.
5) We are entitled to withdraw in breach of contract, especially in case of default or breach of a duty under par. 3 and 4 of this provision from the contract and the goods to demand .
6) The processing and processing of the goods by the purchaser always takes place in the name and on behalf of us. If processing takes place with items that we do not own, we acquire co-ownership of the new item in proportion to the value of the goods delivered by us to the other processed objects. The same applies if the goods are mixed with other objects not belonging to us.
8. Liability for defects
1) The purchaser is obliged to examine the delivered goods immediately after delivery and to notify us in writing of any existing defects (at the latest until the next working day following the delivery). Defects that were reported late, ie contrary to the above obligation, are not considered by us and are excluded from the warranty.
Notifications of defects as such shall only be recognized by us if they have been notified in writing. Complaints made against field staff or transporters or other third parties do not constitute formal and timely complaints.
2) The return of the goods to us in the event of a defect can only be made with our prior consent. Returns that are made without our prior consent need not be accepted by us. In this case the orderer bears the costs of the return.
3) In the event that a rectification of defects or replacement takes place on the basis of a legitimate complaint, the provisions regarding the delivery time shall apply accordingly.
4) The existence of a defect determined as such and notified by an effective notice of defect justifies the following rights of the customer:
a) In the case of defectiveness, the customer first has the right to demand supplementary performance from us.
The right of choice, whether a new delivery of the thing or removal of defects takes place, we make this case in our sole discretion.
b) In addition, we have the right, in the event of failure of a subsequent performance attempt, to carry out another subsequent performance, again at our own discretion. Only if the repeated supplementary performance fails, the orderer has the right to withdraw from the contract or to reduce the purchase price. 5) The purchaser may demand compensation for damages or reimbursement of wasted expenses only in cases of grossly negligent or intentional violation of the duty to deliver goods free of defects. He must prove the damage incurred to the reason and amount. The same applies to the futile expenses.
6) The warranty period for new and used goods is one year from delivery. The customer must prove in each case that the defect was already present at delivery.
9. Refusal of acceptance
If the acceptance of the ordered goods is refused, we can set a deadline for acceptance. If the customer does not accept the goods during this time, we are entitled to withdraw from the contract and assert claims for damages.
1) This contract and the entire legal relationships of the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
2) The place of fulfillment and exclusive place of jurisdiction and for all disputes arising from this contract is our place of business, unless otherwise stated in the order confirmation.
3) All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
4) Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions remain unaffected. The parties undertake to replace the ineffective provision with such legally permissible provision that comes closest to the economic purpose of the invalid provision or fills in this gap.