Terms of service
1 General scope
(1) Our general terms and conditions apply to all of our business relationships with our customers. The terms and conditions only apply if the customer is an entrepreneur (§14 BGB), a legal entity under public law or a special fund under public law.
(2) Our terms and conditions apply in particular to contracts for the sale and / or delivery of movable items (hereinafter also: "goods"), regardless of whether we manufacture them ourselves or buy them from suppliers. The terms and conditions in their respective version also apply to future contracts for the sale and / or delivery of movable objects with the same buyer, without our having to refer to them again in each individual case; In this case, we will inform the customer immediately about changes to our terms and conditions.
(3) Our terms and conditions apply exclusively. We do not recognize any terms and conditions of the customer that contradict or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. This requirement of consent applies in any case, especially if we carry out the delivery to the customer without reservation in the knowledge of any general terms and conditions of the customer.
(4) Individual agreements made with the customer on a case-by-case basis (including side agreements, additions and changes) always take precedence over our general terms and conditions.
References in our terms and conditions to the validity of legal regulations are only for clarification purposes. Even without such a representation, the statutory provisions apply, unless they are directly changed or expressly excluded in these general terms and conditions.
(1) An order from the customer that qualifies as an offer to conclude a purchase contract can be made within two weeks by sending an order confirmation or by sending the ordered products within our usual delivery times of up to 4 weeks from the date of receipt of the Accept order.
(2) Our offers are subject to change and non-binding, unless we have expressly designated them as binding.
(3) We reserve our property rights, copyrights and other property rights to all images, calculations, drawings and other documents. The contractual partner may only pass these on to third parties with our written consent, regardless of whether we have marked this as confidential.
(4) The customer undertakes not to resell the delivered goods directly or indirectly to other specialist dealers or to compete with us in any other way by passing on the goods. The goods are intended exclusively for the end user. In the event of a breach of this obligation, the customer is obliged to pay damages in the amount of the lost profit, as well as to provide comprehensive information about the whereabouts of the goods. Goods that have been ordered or delivered cannot be taken back.
(5) Commitments by our sales force that do not comply with our general terms and conditions require written confirmation, as otherwise they are irrelevant.
3 Prices Terms of Payment
(1) Unless otherwise stated in the order confirmation, our prices apply ex works, excluding packaging and transport. These costs will be billed separately.
(2) Unless otherwise stated in the order confirmation, our list prices valid on the day of the order confirmation are decisive.
(3) Statutory sales tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
(4) In principle, we offer the payment methods prepayment, credit card and PayPal. With every order we reserve the right not to offer certain payment methods and to refer to other payment methods. Please note that we only accept payments from accounts within the European Union (EU). Any costs of a money transaction are to be borne by you. In the case of purchase by credit card, your credit card account will be debited when we dispatch the order.
You agree that you will only receive invoices and credit notes in electronic form.
(5) The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. The same applies to any right of retention. In addition, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship. In the event of defects in the delivered goods, the rights of the customer, in particular according to § 6 of these terms and conditions, remain unaffected.
(6) We reserve the right to request full or partial advance payment of the purchase price. This applies in particular in the event that the customer is in arrears with payments from other orders. We also reserve the right - if necessary after setting a deadline - to withdraw from orders that have not yet been carried out if the customer is in arrears on other orders or it becomes apparent after the conclusion of the contract that our claim to the purchase price is jeopardized by the customer's inability to perform.
(7) Promotion vouchers are vouchers that cannot be purchased, but that we issue as part of advertising campaigns with a certain period of validity.
Promotion vouchers can only be redeemed within the specified period and only once as part of an order process. Individual brands can be excluded from the voucher campaign. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers can be tied to a minimum order value.
The value of the goods must be at least equal to the amount of the campaign voucher. A difference to a higher value of the goods can be compensated with the payment options offered. The value of a campaign voucher is neither paid out in cash nor is interest paid. The campaign voucher will not be reimbursed if goods are wholly or partially returned.
Promotion vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible. The campaign voucher cannot be transferred to third parties. Several campaign vouchers cannot be combined with one another unless we have agreed otherwise.
If you used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you are keeping if - due to your cancellation - the total value of the order falls below or corresponds to the value of the promotional voucher .
4 Delivery deadline / delay in delivery / delay in acceptance / liability
(1) The delivery period is agreed individually or specified by us when accepting the order. The start of the delivery time specified by us assumes that all technical questions have been clarified.
(2) If we cannot meet binding delivery deadlines for reasons for which we are not responsible, we will inform the customer of this immediately and at the same time notify the expected new delivery deadline. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part. We will immediately reimburse any consideration already provided by the customer. A case of non-availability of the service in this sense is in particular the late delivery by our supplier if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault, or we are not obliged to procure in individual cases.
(3) The occurrence of our delay in delivery is determined by the statutory provisions. In any case, however, a reminder from the customer is required. We are liable with regard to the delay in delivery insofar as this is based on an intentional or grossly negligent breach of contract for which we are responsible, whereby a corresponding fault on the part of our representatives or vicarious agents is attributable to us. If the delay in delivery is not based on an intentional breach of contract for which we are responsible, our liability for damages is
limited to the foreseeable, typically occurring damage. We are also liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is due to the culpable breach of an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage. The rights of the customer according to § 6 of our terms and conditions and our statutory rights, in particular in the case of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of the service and / or subsequent performance) remain unaffected.
(4) We are also liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; a fault on the part of our representatives or vicarious agents is attributable to us. If the delay in delivery is not based on an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typical damage. We are also liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is based on the culpable breach of an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
(5) We are entitled to partial deliveries and partial services at any time, provided this is reasonable for the customer.
(6) If the customer is in default of acceptance, we are entitled to demand compensation for the damage incurred and any additional expenses. The same applies if the customer culpably violates his duty to cooperate. With the occurrence of default of acceptance or default of the debtor, the risk of accidental deterioration and accidental loss of the purchased item passes to the customer. We reserve the right to make further claims.
5 Transfer of risk / shipping / packaging
(1) Loading and shipping take place uninsured at the risk of the customer. We try to take into account the wishes and interests of the customer with regard to the type and route of dispatch; Any additional costs caused by this, even if freight paid delivery has been agreed, shall be borne by the customer. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest when the goods are handed over. In the case of sales by mail order, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay are transferred to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.
The handover is the same if the customer is in default of acceptance.
(2) Unless otherwise stated in the order confirmation, delivery "ex works" is agreed.
(3) Transport and all other packaging in accordance with the packaging regulations will not be taken back;
pallets are excluded. The customer bears all related costs. The customer is also obliged to dispose of the packaging at his own expense.
(4) At the customer's written request, we will insure the delivery. The customer bears the costs incurred in this respect.
6 Liability for Defects and Statute of Limitations
(1) The customer's claims for defects presuppose that the customer has properly complied with his inspection and complaint obligations according to §§ 377, 381 HGB. If a defect becomes apparent during the examination or later, we must be notified of this immediately in writing. The notification is deemed to be immediate if it is made within 2 weeks, with timely sending of the notification being sufficient to meet the deadline. Irrespective of this inspection and notification obligation, the customer must report obvious defects in writing within 2 weeks of delivery. If the customer fails to properly examine and / or report defects, our liability for the defect that has not been reported is excluded.
(2) If the delivered item is defective and the above conditions are met, we can first choose whether we provide supplementary performance by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). Our right to refuse supplementary performance under the legal requirements remains unaffected.
(3) We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer is entitled to withhold part of the purchase price that is reasonable in relation to the defect.
(4) The customer must give us the time and opportunity required for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. In the case of a replacement delivery, the customer must return the defective item to us in accordance with the statutory provisions. The supplementary performance does not include the removal or reworking of the defective item if we were not originally obliged to carry out such rebuilding work.
(5) We shall bear the expenses required for the purpose of testing and subsequent performance, in particular transport, travel, labor and material costs (not: processing or reworking costs) if there is actually a defect. However, if the customer's request to remedy a defect turns out to be unjustified, we can demand that the customer reimburse the costs arising from this. We are not obliged to bear those expenses that increase because the subject of the contract is at a different location than the place of performance.
(6) If the supplementary performance has failed, or a reasonable deadline to be set by the customer for the supplementary performance has expired without success, or is dispensable according to the statutory provisions, the customer can withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.
(7) We are liable in accordance with the statutory provisions if the customer asserts claims for damages based on willful intent or gross negligence, including willful intent or gross negligence on the part of our representatives or vicarious agents. Unless we are accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage. Liability is also limited to this foreseeable, typically occurring damage insofar as the customer is entitled to compensation for the damage in lieu of performance.
(8) We are liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable damage that has typically occurred.
(9) Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(10) Unless otherwise regulated above, liability is excluded.
(11) The limitation period for claims for defects is twelve months, calculated from the transfer of risk.
(12) Liability in the event of delivery recourse according to §§ 478, 479 BGB presupposes that the customer informs us immediately in writing of the notification of defects from his contractual partner. He is obliged to provide us with photocopies of all correspondence. A period of five working days is deemed to be immediately within the meaning of this provision. With regard to any claims for compensation that we have to fulfill against the customer, the customer receives a credit note. A cash payment is excluded in the event of delivery recourse.
(13) The above limitation periods of the sales law also apply to contractual and non-contractual claims for damages by the customer that are based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would be shorter in individual cases Lead to statute of limitations. The limitation of the product liability law remain unaffected in any case. This does not affect any special legal regulations for third-party claims in rem for surrender, in the event of malice on the part of the seller and for claims in supplier recourse in the event of final delivery to a consumer. Otherwise, the statutory limitation periods apply exclusively to claims for damages by the customer in accordance with Section 7.
7 Other liability
(1) We are liable for damages - for whatever legal reason - in the event of willful intent and gross negligence.
In the event of simple negligence, we are only liable
a) for damage resulting from injury to life, limb or health,
b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner regularly relies and may rely on) in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage. The aforementioned limitation of liability does not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The same applies to customer claims under the Product Liability Act.
(2) As far as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, employees, representatives and vicarious agents.
(3) Due to a breach of duty that does not consist of a defect, the customer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the customer (in particular according to § 651, 649 BGB) is excluded. In addition, the legal requirements and legal consequences apply.
8 Reservation of Title
(1) We reserve ownership of the sold goods until all of our current and future claims from the purchase contract and an ongoing business relationship (secured claims) have been paid in full. If the customer acts in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. Taking back the purchased item does not constitute a withdrawal from the contract, unless we have expressly stated this in writing. If we seize the purchased item, we always withdraw from the contract. After taking back the purchased item, we are authorized to dispose of it; the proceeds from the sale shall be offset against the customer's liabilities, less reasonable disposal costs.
(2) The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure them adequately at replacement value at his own expense against fire, water and theft damage.
If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.
(3) The goods subject to retention of title may not be pledged to third parties or assigned as security before the secured claims have been paid in full. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing. If the third party is unable to pay us the judicial and extrajudicial costs, e.g. B. to reimburse a lawsuit according to § 771 ZPO, the customer is liable for the loss incurred by us.
(4) The customer is entitled to resell the purchased item in the ordinary course of business. However, he already now assigns to us all claims in the amount of the final invoice amount (including sales tax) of our claims that arise from the resale or for other reasons against third parties (including insurance), regardless of whether the purchased item is without, or has been resold after processing. We accept this assignment. However, we undertake not to collect the claim as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, has not filed for bankruptcy or composition or insolvency proceedings or payments have been suspended. Upon request by us, the customer must provide us with information about each sales transaction at any time, stating the quantity of goods, the recipient with address and a copy of the invoice, as well as the other documents relevant for the sales transaction.
(5) The processing or transformation of the purchased item by the customer is always carried out for us.
If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including sales tax) to the other processed items at the time of processing. The same applies to the item resulting from processing as to the purchased item delivered with reservation.
(6) If the purchased item is inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including sales tax) to the other mixed items at the time of mixing.
If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer proportional co-ownership to us. The customer shall keep the resulting sole or joint ownership for us.
(7) We undertake to release the securities to which we are entitled at the customer's request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is incumbent on us.
9 Choice of law and place of jurisdiction
(1) For these terms and conditions and all legal relationships between us and the customer, the law of the Federal Republic of Germany and the exclusion of uniform international law, in particular the UN sales law, apply. Requirements and effects of the retention of title according to § 8 are subject to the law of the respective storage location of the item, insofar as the choice of law made in favor of German law is inadmissible or ineffective.
(2) If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business. However, we are also entitled to take legal action at the customer's general place of jurisdiction.