general terms and conditions
§1 Scope and General
1. This general terms and conditions of sale apply exclusively to entrepreneurs, legal persons under public law or public special funds within the meaning of § 310 paragraph 1 BGB. Conflicting or deviating from our sales conditions of the customer will only be recognized if we expressly agree to their application in writing. All deliveries and services are subject to the following terms and conditions.
2. Login information will be kept confidentialand and may not be disclosed to third parties.
3. The contract language is German.
4. These sales conditions also apply to all future transactions with the customer, in so far as it is related legal transactions
§2 Offer and conclusion of contract
1. If an order as an offer pursuant to § 145 BGB is to be regarded, we may accept it within two weeks.
2. Orders by the customer shall be binding. A contract is only with the written confirmation of the contract by us, at the latest by acceptance of delivery by the customer, into existence.
3. Technical and design changes in design and materials are reserved for the same usability as far as they are reasonable for the contractual partner.
§ 3 Prices and Payment
1. Unless otherwise agreed in writing, our prices are ex works, excluding packaging and plus VAT at the applicable rate. Packaging costs are invoiced separately.
2. The Payment of the purchase price must be made solely on the specified account by us.
3. Unless otherwise agreed, the purchase price has to pay within 30 days after delivery. Interest on arrears in the amount of 5% pa above the base rate have to be calculated within 30 days after delivery. The assertion of a higher damage caused by default remains reserved.
4. Deduction of discount is only permitted with special written agreement.
5. The company is entitled to demand payment in advance and provide power only after receipt of the invoice amount
6. Unless a fixed price agreement has been made, reasonable price changes are reserved due to changes in labor, material and distribution costs for deliveries made 3 months or later after conclusion of the contract.
§ 4 Offsetting and right of retention
1. The customer has the right to offset only if his counterclaims have been legally established or are undisputed. To exercise a right of retention, the customer is only insofar as his counterclaim is based on the same contractual relationship.
§ 5 Delivery
1. Stated delivery dates are non-binding and are subject to availability. In cases of force majeure, the delivery dates extend the duration of the delay.
2. If the buyer in default of acceptance or culpably violates other cooperation obligations, we are entitled to demand compensation for damages incurred by us, including any additional expenses. Further claims remain reserved. Should the above requirements are met, the risk of accidental loss or accidental deterioration of the goods passes at the time transferred to the purchaser, in which it is in default of acceptance or payment.
3. Delay occurs only after a reasonable grace period.
4. If the goods are shipped at the Purchaser's request on this, so goes with the dispatch to the customer, at the latest when leaving the factory / warehouse, the risk of accidental loss or accidental deterioration of the goods to the purchaser. This applies regardless of whether the shipment of the goods the place of performance or who bears the freight costs.
§ 6 Retention of ownership
1. We reserve us the title to the delivered goods until full payment of all claims from the contract before. This also applies to all future deliveries, even if we do not always expressly refer on it. We are entitled to be withdrawn the purchase item if the purchaser breaches the contract.
2. The purchaser is entitled to resell the goods in normal business. The demands of the buyer from the resale of the goods, the ordering party transfer the claims/rights already to us in the amount of the mutually agreed final invoice amount (including VAT). This assignment shall apply regardless of whether the purchase item has been resold without or after processing. The purchaser shall remain entitled even after the assignment to collect the receivable. Our authority to collect the claim itself remains unaffected. However, we will not collect the claim as long as the customer meets its payment obligations from the proceeds collected, is not in arrears and in particular no petition is filed for the commencement of insolvency proceedings or suspended payments.
§ 7 Liability and warranty
1. For compensatory damages, equal for whatever legal reason, the company is only liable in case of intent, gross negligence and absence of an assured property. This also applies to vicarious agents and legal representatives of the company. The obligation to pay damages is limited to the amount of the value from the goods which were delivered.
2. The investigation and rebuke duties are valid according to §§377 and 378 HGB. Objections / Complaints with open defects must be informed us within 3 days, in case of hidden defects within six months.
3. If, despite all due care, the delivered goods contain a defect that already existed at the time of transfer of risk, we will ship the goods, subject to timely notice under our option repair or replace the goods. We must always be given the opportunity to remedy within a reasonable time limit. Recourse claims remain unaffected without restriction of the above regulation.
4. In the guarantee case we are entitled after our choice to the subsequent performance in the form of fault removal or new delivery. If subsequent performance fails, the customer is entitled to cancel the purchase or to take appropriate purchase price reduction to complete.
5. Fault claims do not exist with only unimportant divergence of the agreed state, with only unimportant interference of the usefulness, with natural wear or wear like with the damages which originate after the danger crossing as a result of faulty or negligent treatment, excessive demand, of inexpedient company means and external influence, which are not assumed under the contract. If repair works or changes are carried out by the customer or third improperly, no fault claims also exist for this and the results originating from it.
§ 8 Disclaimer (See also Disclaimer -footnote)
1. The Company is not liable for the timeliness, accuracy or completeness of the information in their online store. Errors excepted.
2. The company has no influence on content of external websites. Therefore expressly distances itself from all external contents, even if on the part of the company to these external sites link was set. This applies to all the online store links and all contents of pages to which the banners and links, as well as for foreign entries in the company guestbooks, discussion forums and mailing lists.
§ 9 Miscellaneous
1. This Agreement and the entire legal relations of parties are subject to the law of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG).
2. Place of performance and exclusive jurisdiction for all disputes arising from this contract is our place of business, unless it is clear from the order confirmation states otherwise.
3. Agreements have been reached between the parties for the purpose of executing this contract are laid down in writing in this contract.
4.Sollten individual provisions of this contract be or become ineffective or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally valid provision which most closely approximates the economic purpose of the invalid provision or fills this gap.