Terms
Terms and Conditions for Commercial and Business Customers
I. Scope
1.These terms of sale apply exclusively to entrepreneurs (§14 BGB), legal entities under public law or special funds under public law within the meaning of § 310 paragraph 1 BGB. We only recognize conflicting or deviating terms and conditions of the customer if we expressly agree to their validity in writing.
2. Our online shop is not aimed at consumers (private individuals). Sales contracts with consumers are completely excluded in our online shop.
3.These terms of sale also apply to all future transactions with the customer, as far as legal transactions of a related nature are concerned.
4.In individual cases, individual agreements made with the buyer (including ancillary agreements, additions and changes) always take precedence over these terms of sale. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
II. Offer and conclusion of contract
1.Our offers are non-committal and non-binding.
2.The order by the customer is considered a binding contract offer. By clicking on the "Order with costs" button, you make a binding purchase offer in accordance with Section 145 of the German Civil Code. We can declare acceptance of these offers either expressly (e.g. by means of an order confirmation) or impliedly (e.g. by delivering the products to the customer) within two weeks.
3. After receipt of your order in our online shop, you will receive an automatically generated e-mail with which we confirm that we have received your order (order confirmation). This confirmation of receipt does not yet represent acceptance of your purchase offer. A contract is not yet concluded through the confirmation of receipt, but only through receipt of your invoice or through the shipping confirmation.
4. By agreeing to these Terms and Conditions, you agree to our fully automated system. This includes automatic confirmation emails, automatic recognition of your payments and automatic forwarding to our logistics department. Therefore, we are unable to consider transfer receipts or prioritization requests from you. We therefore ask you to refrain from sending such evidence entirely.
III. Documents provided
All documents provided to the customer in connection with the placing of the order - also in electronic form - such as e.g. B. Calculations, drawings etc., we reserve property rights and copyrights. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in Section II, these documents must be returned to us immediately.
IV. Delivery time, delivery, transfer of risk upon dispatch and default of acceptance
1.The beginning of the delivery time specified by us presupposes the timely and proper fulfillment of the customer's obligations. The objection that the contract has not been fulfilled remains reserved.
2.If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which he is in default of acceptance or debtor.
3.In the event of a delay in delivery that is not caused by us intentionally or through gross negligence, we shall be liable for each completed week of delay within the framework of a flat-rate compensation for delay in the amount of 3% of the delivery value, but no more than 15% of the delivery value._d04a07d8-9cd1-3239-9149- 20813d6c673b_
4.Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
5.If the goods are sent to the customer at his request, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch to the customer, at the latest when they leave the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.
6.From an order weight of 100 kg, we ship orders on pallets. If you do not provide our shipping service provider with a pallet for exchange when your order is delivered and you have not purchased one from us, we will subsequently invoice you for each pallet at €25.
V. Prices and Payment
1.Unless otherwise agreed in writing, the prices listed in the online shop at the time the contract is concluded apply from the place of performance plus VAT at the applicable rate.
2.The payment of the purchase price must be made exclusively via the listed and selectable payment methods and in accordance with the specified payment deadlines. The deduction of cash discount is only permitted with a special written agreement.
3. You will receive your invoice immediately after receipt of your transfer on our bank account.
4. Interest on arrears will be charged at 8% above the respective base interest rate pa (see Appendix 1). The assertion of a higher damage caused by delay remains reserved.
5.Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after the conclusion of the contract.
6. If, after conclusion of the contract, it becomes apparent that our claim to the purchase price is at risk due to the customer's inability to pay (e.g. due to an application for the opening of insolvency proceedings), we are entitled to refuse performance and to Withdrawal from the contract in accordance with Section 321 of the German Civil Code.
VI. retention of title
1.We reserve ownership of the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to reclaim the purchased item if the customer behaves in breach of contract.
2.As long as ownership has not yet passed to him, the customer is obliged to treat the purchased item with care. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet passed, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit pursuant to Section 771 ZPO, the customer shall be liable for the loss incurred by us.
3.The customer is entitled to resell the reserved goods in normal business transactions. The customer assigns to us the claims against the customer from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment applies regardless of whether the purchased item has been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended.
4.The treatment and processing or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the purchaser's expectant right to the purchased item continues with the transformed item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in relation to the objective value of our purchased item to the other processed items at the time of processing. The same applies in the event 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 transfers proportionate co-ownership to us and keeps the resulting sole ownership or co-ownership safe for us. To secure our claims against the customer, the customer also assigns to us such claims that accrue to him against a third party as a result of the connection of the goods subject to retention of title with property; we already accept this assignment.
5.We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20%.
VII. Warranty and notification of defects as well as recourse/manufacturer's recourse
1. Liability in accordance with Section 447 of the German Civil Code passes to you as soon as we have handed over your order to the transport company. You are only entitled to warranty rights if the goods were not properly handed over for transport. The purchaser's warranty rights therefore require that you have properly fulfilled your obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). A return or exchange outside of these conditions is excluded.
2.Claims for defects expire 12 months after the goods delivered by us have been delivered to our customer. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as injury to life, limb and health, which are based on an intentional or negligent breach of duty by the user. Insofar as the law according to Section 438 Paragraph 1 No. 2 BGB (buildings and objects for buildings), Section 445 b BGB (right of recourse) and Section 634a Paragraph 1 BGB (construction defects) stipulates longer periods, these periods shall apply. Our consent must be obtained before any return of the goods.
3.If, despite all due care, the delivered goods show a defect that was already present at the time of the transfer of risk, we will either repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity to remedy the defect within a reasonable period of time. Rights of recourse remain unaffected by the above provision without restriction.
4.If the supplementary performance fails, the customer can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
5.Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable equipment, defective construction work, unsuitable building ground or arise due to special external influences that are not required under the contract. If the customer or third parties carry out improper repair work or changes, there are no claims for defects for these and the resulting consequences.
6.Claims by the customer for the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs including any dismantling and installation costs, are excluded insofar as the expenses increase because the goods delivered by us were subsequently sent to another location than the customer's branch, unless the shipment corresponds to its intended use.
7.The customer's right of recourse against us only exists insofar as the customer has not made any agreements with his customer that go beyond the legally mandatory claims for defects. Paragraph 6 also applies accordingly to the extent of the customer's right of recourse against the supplier.
VIII. Choice of law, place of jurisdiction and place of performance
1.This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
2.Place of performance 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 a provision of these General Terms and Conditions be or become invalid or void in whole or in part, the remaining provisions shall remain in effect without change. The contracting parties undertake to replace the ineffective, void or missing provision with an effective provision with content that comes as close as possible to the intended economic success and the original intention of the ineffective provision.
Terms and Conditions for private consumers
I. Scope
1. These terms and conditions of sale apply exclusively to consumers who have reached the age of 18. We only recognize the purchaser's conditions that conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing.
2. These terms and conditions only apply to consumers (private individuals).
3. These terms and conditions of sale also apply to all future transactions with the customer, as long as they involve legal transactions of a related nature.
4. Individual agreements made with the buyer in individual cases (including additional agreements, additions and changes) always take precedence over these terms and conditions of sale. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
II. Offer and conclusion of contract
1. Our offers are subject to change and non-binding.
2. The order placed by the customer is considered a binding contract offer. By clicking the “order for a fee” button, you are making a binding purchase offer in accordance with Section 145 of the German Civil Code (BGB). Acceptance of these offers can be declared by us either expressly (e.g. through an order confirmation) or implicitly (e.g. by delivering the products to the customer) within two weeks.
3. After we receive your order in our online shop, you will receive an automatically generated email confirming that we have received your order (order confirmation). This confirmation of receipt represents an acceptance of your purchase offer and thus a conclusion of the contract.
4. By agreeing to these Terms and Conditions, you agree to our fully automated system. This includes automatic confirmation emails, automatic recognition of your payments and automatic forwarding to our logistics department. Therefore, we are unable to consider transfer receipts or prioritization requests from you. We therefore ask you to completely refrain from sending such evidence.
III. Right of withdrawal
If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. a natural person who concludes a legal transaction for a purpose that cannot be attributed to your commercial or independent professional activity, you are entitled to a right of withdrawal regarding the conditions, deadlines and the procedure We will inform you separately about the exercise, the legal consequences and further details in our cancellation policy. You will also find the sample cancellation form there.
IV. Documents provided
All documents provided to the customer in connection with the placing of the order - including in electronic form - such as: B. Calculations, drawings, etc., we reserve ownership and copyright. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so. If we do not accept the purchaser's offer within the period specified in Section II, these documents must be returned to us immediately.
V. Delivery time, delivery, transfer of risk upon dispatch and delay in acceptance
1. The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations. Specifically, this means that the order will only be shipped after receipt of payment for the entire gross total amount. The objection of non-fulfillment of the contract remains reserved.
2. If the purchaser defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage we incur, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser defaults on acceptance or debtor.
3. In the event of a delay in delivery not caused intentionally or through gross negligence on our part, we are liable for a flat-rate compensation for delay of 3% of the delivery value for each completed week of delay, but a maximum of no more than 15% of the delivery value.
4. Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.
5. If the goods are sent to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch to the customer, at the latest when they leave the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.
VI. Prices and payment
1. Unless otherwise agreed in writing, the prices listed in the online shop at the time the contract is concluded apply from the place of performance plus VAT at the applicable rate.
2. Payment of the purchase price must be made exclusively through online payment options or immediately by bank transfer in advance.
3. The customer receives the invoice immediately after receipt and manual verification of the order.
VII. Retention of title
1. We reserve ownership of the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to demand the return of the purchased item if the purchaser behaves in breach of contract.
VIII. Warranty and notice of defects as well as recourse/manufacturer recourse
1. You are entitled to the statutory warranty rights for defects.
IV. Choice of law, place of jurisdiction and place of performance
1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Place of performance 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. If a provision of these General Terms and Conditions is or becomes wholly or partially ineffective or void, the remaining provisions remain in effect unchanged. The contractual partners undertake to replace the ineffective, void or missing provision with an effective provision with the content that comes closest to the desired economic success and the original intention of the ineffective provision.