Conditions of Use
§ 1 General - Scope
These terms and conditions apply to all current and future business relationships. Divergent, conflicting or supplementary general terms and conditions, even if known, are not part of the contract, unless their validity is expressly agreed in writing.
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
All offers on our website are non-binding and subject to change. This applies in particular to prices, illustrations and brochures. Technical changes and changes in shape, color and / or weight are reserved within reasonable limits.
With the order of a commodity with us the entrepreneur bindingly declares to want to acquire the ordered commodity. We are entitled to accept the contract offer from us or from one of our representatives within two weeks of receipt. The acceptance can be declared either in writing or by delivery of the goods to the entrepreneur.
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 is not our responsibility.
If the delivery time is not adhered to, the contractor 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 period of grace has also passed without result, the entrepreneur can withdraw from the contract of sale. 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 Default of acceptance
If the entrepreneur is in default with his obligation to accept the goods in the event of proper provision, we shall be entitled to demand compensation for damages after the expiry of a grace period of at least 10 days or to withdraw from the contract.
§ 4 Warranty
For defects in the goods we will initially provide warranty at our discretion by repair or replacement.
If the supplementary performance fails, the entrepreneur can in principle demand at his option a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal). With only a small lack of conformity, in particular with only small deficiencies, the entrepreneur is however no right of withdrawal.
The entrepreneur must notify us in writing of obvious defects within a period of four weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of the determination of the defect and for the timeliness of the complaint.
If the entrepreneur chooses to withdraw from the contract because of a defect after failed supplementary performance, he is not entitled to any claim for damages due to the defect. If the entrepreneur chooses compensation for damages after failed supplementary performance, the goods remain with the entrepreneur if this is reasonable for him. The compensation is then limited to the difference between the purchase price and the value of the defective item. This does not apply if we or one of our vicarious agents caused the breach of contract due to gross negligence, intent or malice.
The warranty period for new goods is two years from the delivery of the goods. This does not apply if the entrepreneur has not notified us of the defect in time (§ 4 (2)).
As a condition of the goods is basically only the product description from our side.
§ 5 Transfer of risk - dispatch
The dispatch takes place exclusively on calculation and danger of the entrepreneur. The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, during the sale of the consignment with the delivery of the goods to the carrier, the carrier or the person or institution otherwise intended to carry out the consignment.
The transfer is the same if the entrepreneur is in default of acceptance.
If the entrepreneur does not specify a special shipping request, we will ship the goods according to the appropriate shipping route.
Any detected damage in transit must be reported immediately and the goods must be sent to us with a declaration of acknowledgment by the forwarding agent, post office, rail or other parcel service as well as an assignment declaration by the contractor. 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 entrepreneur has handed over all necessary documents and information.
§ 6 Remuneration
First orders are only delivered against advance payment. The entrepreneur will receive a proforma invoice. After payment the goods will be shipped. A cash discount is not granted in connection with advance payment calculations. Deduction without consent is not permitted.
After delivery of the goods to the entrepreneur, the invoice is created. We grant a 2% discount on the net value of the goods within 10 days. If payment is made within 30 days, the invoice amount is due net without any deduction. The day of payment is the day on which we can dispose of the money. A discount deduction is inadmissible if claims are still open due to at least one further invoice already due.
In the case of a consignment purchase, the purchase price plus transport costs (see § 5 (1)).
We are not obliged to accept bills of exchange or checks. However, if we accept changes in individual cases, any discount and collection charges will be borne by the contractor.
The entrepreneur has the right to offset only if his counterclaims have been legally established or recognized by us. The entrepreneur can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
If payment default occurs, we are entitled to exclude the entrepreneur from further deliveries, even if they have already been confirmed, and to assert a corresponding right of retention. In exceptional cases, especially if the entrepreneur is in urgent need of delivery, what he has to display and substantiate immediately after asserting the right of retention, will be made after receipt of confirmation by us delivery to advance or cash on delivery.
For order values up to 100, - Euro, a minimum quantity surcharge of 5, - Euro will be charged.
§ 7 Retention of title
We reserve title to all goods delivered by us until the entrepreneur has completely settled all claims arising from the current business relationship.
The entrepreneur is entitled to resell the goods in the ordinary course of business. 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 entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to properly meet his payment obligations and is in default of payment.
The entrepreneur is obliged to treat the goods with care.
The entrepreneur is obligated to immediately notify us of third party access to the goods, for example in the case of a seizure, as well as any damage or destruction of the goods. Furthermore, the entrepreneur undertakes in the event of seizure of the reserved goods or claims assigned to us by third parties, the garnishees and the enforcement authorities involved to inform us verbally and in writing immediately of our rights (retention of title) and otherwise undertake everything to safeguard our rights. A change of ownership of the goods as well as their own residence or relocation, the entrepreneur, as far as retention of title exists, must also inform us immediately. The entrepreneur must prove at any time on request, where the reserved goods are located.
We are entitled to withdraw from the contract in case of breach of contract by the contractor, in particular in the case of default in payment or in case of breach of an obligation under paragraphs 3 and 4 of this provision, and to demand the return of the goods.
§ 8 Final Provisions
The substantive law of the Federal Republic of Germany applies.
If the entrepreneur is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the entrepreneur does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown when filing the claim.
Should individual provisions of the contract with the contractor including these general terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected here. The wholly or partially ineffective regulation shall be replaced by a regulation whose economic success comes as close as possible to the ineffective one.
§ 9 Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr/
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
Terms of Service: As of January 30, 2018