General Terms And Conditions
1.1 The following General Terms and Conditions apply without restriction to business transactions with our customers.
1.2 These are natural or legal persons or partnerships with legal capacity with whom business relations are entered into and who act in the exercise of a commercial or independent professional activity with registered office in Germany or the EU.
1.3 Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. Within the framework of a permanent business relationship, these shall also apply to all future transactions, even if they are not agreed again. Opposing or deviating conditions of the customer are expressly contradicted.
1.4 In case of doubt, deviations from these terms and conditions shall only be effective if we confirm them in writing.
2. offer, conclusion of contract
2.1 Our offers are subject to confirmation and non-binding; they are rather a request to the customer to submit a binding offer by placing an order; we shall be bound for 10 days by offers made.
2.2 By ordering the goods, the customer bindingly declares that he wishes to purchase the ordered goods. We are entitled to accept the contractual offer contained in the order within two weeks of receipt by us. Acceptance may be declared either in writing or by delivery of the goods.
2.3 If the customer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding declaration of acceptance. The confirmation of receipt can, however, be combined with the declaration of acceptance.
2.4 If the customer orders the goods electronically, the text of the contract shall be stored by us and sent to the customer on request together with these General Terms and Conditions by e-mail.
3.1 All prices quoted are in EUR plus the statutory value added tax applicable at the time, without cash discount and other discounts and without packaging and shipping costs at the time of the order.
4. terms of payment
4.1 Unless otherwise agreed in writing, the amount shall be paid immediately in advance without cash discounts or other deductions.
4.2 If deliveries against invoice are agreed, they shall be due for payment immediately, but no later than 7 days after delivery. In the event of default by the customer, we shall be entitled to charge default interest in accordance with the law on the acceleration of due payments. Any further claims for damages remain unaffected by this.
4.3 If the customer is in default of payment, as well as in the event of cheque or bill protest, we shall be entitled to make further deliveries only against advance payment, to demand immediate payment of all outstanding invoice amounts - including deferred invoice amounts - and to demand payment of bills of exchange or cheques, cash payment or the provision of security in return for the return of bills of exchange or cheques accepted on account of payment.
4.4 The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. The customer is also not entitled to any right of retention due to disputed counterclaims.
4.5 Despite provisions to the contrary, we are entitled to offset payments made by the customer against the customer's older debts. If costs and interest have arisen, we may set off the payment against the costs, then against the interest and finally against the principal claim.
5. retention of title
5.1 The following securities shall be granted to us until all claims, including future claims, arising from the business relationship with the customer have been satisfied. We shall release these securities at the customer's option upon request, provided that their value exceeds the secured claim by 20% on a sustained basis.
5.2 The delivered goods shall remain our property until the purchase price has been paid in full. Until this time, the goods may not be pledged, transferred by way of security or encumbered with other rights. The customer shall keep our (co-)ownership in safe custody free of charge. Goods to which we are entitled to (co-)ownership are hereinafter referred to as reserved goods.
5.3 As long as the ownership has not yet been transferred to the buyer, the buyer is obliged to treat the object of sale with care. As long as the ownership has not yet been transferred, the buyer must inform the seller immediately in writing if the delivered item is seized or subjected to other interventions by third parties.
5.4 The customer shall only be entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default, if the reserved goods are intended for resale according to the type of transaction. Pledging or transfer by way of security is not permitted. Claims arising from resale or other legal grounds (e.g. insurance, tort, installation in third-party property) with regard to the reserved goods are hereby assigned by the customer to us by way of security. We revocably authorise the customer to collect the claims assigned to us on his own account and in his own name in the ordinary course of business. This direct debit authorisation can be revoked if the customer does not properly meet his payment obligations. After revocation of the direct debit authorization, the customer undertakes to provide us with information on all outstanding claims arising from the resale of the reserved goods (amount / due date / debtor). The customer undertakes to fulfil the obligation to provide information within 10 days of receipt of the request by us.
5.5 In the event of access by third parties to the reserved goods, the customer must draw attention to our ownership and inform us immediately.
5.6 In the event of the customer acting in breach of contract - in particular default in payment - we shall be entitled to take back the reserved goods or to demand the assignment of surrender claims against third parties. The repossession or seizure of the reserved goods does not constitute a withdrawal from the contract.
5.7 In the event of suspension of payments, application for or opening of insolvency proceedings or out-of-court composition proceedings, the right to resell, use or install the reserved goods and the authorisation to collect the assigned claim shall lapse. The indispensable rights of the insolvency administrator according to § 119 InsO remain unaffected.
5.8 The customer is obliged to insure the goods against the risk of fire and theft and to provide us with evidence of the conclusion of the insurance policy upon request. All claims against the insurer arising from this contract with regard to the reserved goods shall be deemed assigned to us.
6. delivery; shipping costs; passing of risk
6.1 Delivery shall be made at the shipping costs stated in the respective item description. In the case of cash on delivery orders, separate cash on delivery charges will also be levied. The amount of the fees is stated in the item description, shipping notification. Please note that in addition to the higher shipping costs, a cash on delivery fee of € 2.00 is charged by DHL. For shipping with DHL This C.O.D. fee is charged to DHL and is not shown on the goods invoice.
6.2 Unless a special delivery time is specified on the product detail page, the goods can be shipped 3 to 4 working days after receipt of payment ex warehouse by parcel service or shipping company. Partial deliveries with different delivery times of the ordered products can be agreed.
6.3 If the customer is an entrepreneur, all risks and dangers of shipment shall pass to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.
7.1 The statutory provisions shall apply to your rights in the event of material defects and defects of title, unless otherwise specified below. In all cases, the statutory special provisions shall remain unaffected upon final delivery of the goods to a consumer (supplier recourse, §§ 478, 479 BGB).
7.2 If the subject of the contract is not the purchase of newly manufactured goods, your rights to subsequent performance (§ 437 No. 1 BGB), as well as to withdrawal and reduction (§ 437 No. 2 BGB) are excluded in the case of material defects and defects of title. The provisions in sections 6.4 to 7.8 shall not apply in such cases. We will inform you in a suitable manner before conclusion of the contract if the item ordered by you is not a newly manufactured but a used item.
7.3 Claims for defects on your part require that you have properly fulfilled your obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code).
7.4 If the delivered item is defective, we can first choose whether we provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). Our right to refuse subsequent performance under the statutory conditions shall remain unaffected.
7.5 We shall be entitled to make the subsequent performance owed dependent on you paying the purchase price due. However, you shall be entitled to retain a reasonable part of the purchase price in proportion to the defect.
7.6 You shall give us the time required for the subsequent performance owed and the opportunity to inspect the goods complained of. You shall hand over the goods complained about to us for inspection. In the event of a replacement delivery, you must return the defective goods to us in accordance with the statutory provisions.
7.7 We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: dismantling and installation costs), if a defect actually exists. If, however, a request by you to remedy a defect turns out to be unjustified, we may demand reimbursement of the resulting costs from you.
7.8 If the supplementary performance fails or if a reasonable period to be set by you as the customer for the supplementary performance has expired without success or is dispensable according to the statutory provisions, you shall be entitled, at your option, to demand rescission or reduction.
7.9 Claims for damages or claims for reimbursement of futile expenses asserted by you as a customer shall only exist in accordance with Clause 7 (Total liability) and shall otherwise be excluded.
8. total liability
8.1 Unless otherwise stated in these GTC including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
8.2 We shall be liable for damages - for whatever legal reason - in the event of intent and gross negligence. In the case of simple negligence, we shall only be liable for
a) Damage resulting from injury to life, limb or health,
b) for damages resulting from the breach of an essential contractual obligation (i.e. an obligation the fulfilment of which is essential for the proper performance of the contract and the observance of which the contractual partner regularly relies on and may rely on); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.
8.3 The limitations of liability resulting from Section 8.2 shall not apply if we have fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The same applies to your claims under the Product Liability Act.
8.4 You may only rescind or terminate the contract due to a breach of duty that does not consist of a defect if we are responsible for the breach of duty. A free right of termination on your part (in particular according to §§651, 649 BGB) is excluded. Otherwise, the statutory requirements and legal consequences shall apply.
8.5 Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
9. statute of limitations
9.1 Notwithstanding § 438 paragraph 1 no. 3 BGB, the general limitation period for claims arising from material defects and defects of title shall be one year from delivery. If acceptance has been agreed, the limitation period shall commence upon acceptance.
9.2 The aforementioned limitation periods of the sales law also apply to contractual and non-contractual claims for damages on your part based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199) would lead to a shorter limitation period in individual cases.
9.3 The limitation periods of the Product Liability Act shall remain unaffected in any case. Otherwise, the statutory periods of limitation shall apply exclusively to claims for damages on your part pursuant to Clause 7, in particular in the event of an intentional or grossly negligent breach of duty, fraudulent concealment of a defect, liability under guarantee promises and in cases of injury to life, limb or health.
10.2 The essential characteristics of the goods offered by us as well as the validity period of limited offers can be found in the individual product descriptions in the context of our Internet offer.
10.3 The language available for the conclusion of the contract is exclusively German.
10.4 The contract text is stored by us. The print function of your browser allows you to print out the text of the contract. You can also save the contract text by clicking on the right mouse button to save the website on your computer. After submitting your order, you will receive an e-mail from us confirming receipt of your order. In the e-mail of the order confirmation you will again be informed of all essential data of your order.
10.6 You can check and identify input errors before submitting a final offer by checking the summary order overview and, if necessary, correct them after pressing the "Back" button on your browser on the previous page.
11 Data protection notice, collection of address, objection to use
11.1 As the body responsible in accordance with the provisions of data protection law, we assure you that the collection, storage, modification, transmission, blocking, deletion and use of your personal data in our company for the protection of your personal data always takes place in accordance with the applicable data protection provisions and other statutory provisions.
11.2 Your personal data will only be passed on to third parties within the framework of contract processing to the service partners involved, such as the logistics company responsible for delivery and the credit institution responsible for payment. However, in cases where your personal data is passed on to third parties, the scope of the data transmitted is limited to the necessary minimum.
11.3 By concluding the contract you agree to the collection, processing and use of your personal data (e.g. address) in accordance with the aforementioned instructions. You can object to the use of your personal data at any time without incurring any costs other than the transmission costs according to the basic tariffs.
11.4 You have the right to receive information free of charge on the personal data stored about you. We may ask you to contact the address indicated in the provider identification with appropriate inquiries. If the personal data stored by us about your person is incorrect, the data will of course be corrected upon notification by you. You also have the right to revoke your consent to the storage of your personal data at any time with effect for the future. In the event of a corresponding notification, the personal data stored on your persons will be deleted, unless the data concerned is still required to fulfil the obligations of the concluded contractual relationship or statutory provisions prevent deletion. In this case, the deletion will be replaced by a blocking of the relevant personal data. With all data protection inquiries we may ask you to contact the address indicated in the provider identification.
12. copyright, copyright
12.1 The contents of our website are protected by copyright. All rights reserved.
12.2 Texts and images may only be used with our express permission.
12.3 In the event of a copyright infringement, we will assert the claims to which we are entitled (information claim, injunction claim, claim for damages). We reserve the right to take criminal action.
12. links to websites of third parties The published links are researched and compiled with the greatest possible care. We have no influence on the current and future design and content of the linked pages. We are not responsible for the content of the linked pages and do not adopt the content as our own. For illegal, incorrect or incomplete contents as well as for damage, which results from the use or disuse of the information, alone the offerer of the web page, to which one referred, is responsible. The liability of the person who merely refers to the publication by a link is excluded. We are only responsible for third-party references if we have positive knowledge of them, i.e. also of any illegal or criminal content, and if it is technically possible and reasonable to prevent their use.
13. final provisions
13.1 If the aforementioned provisions have not become part of the contract in whole or in part or are invalid, the remaining provisions of the contract shall remain valid. Insofar as the provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.
13.2 The law of the Federal Republic of Germany shall apply to the contractual relationship between us and the customer as well as to the respective terms and conditions.
13.3 The exclusive place of jurisdiction shall be the local court of our place of business if the customer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law.