General Terms and Conditions

Status 01.12.2016

§ 1 Scope of application

(1) The following terms and conditions apply to all current and future business relations between the contracting parties.

(2) Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract even if they are known to us, unless we expressly agree to their validity in writing.

§ 2 Conclusion of contract, obligation to perform, delivery periods

(1) Our offers are subject to change. We reserve the right to make technical changes as well as changes in shape, color and/or weight within the scope of what is reasonable for the customer.

(2) By placing an order for goods the customer makes a binding declaration of intent to purchase the goods. We are entitled to accept the contractual offer contained in the order within two weeks of receipt.

(3) Only agreements made or confirmed in writing or by fax shall be decisive for the acceptance, the scope and the execution of the delivery. Agreements made by telephone or verbally or subsidiary agreements require a written confirmation by the parties to become effective.

(4) If the customer is an entrepreneur, the provisions of § 312e par. 1 clause 1 nos. 1–3 and clause 2 BGB shall not apply.

(5) The conclusion of the contract is subject to correct, complete and timely delivery by our supplier. This shall only apply if we are not liable for non-delivery, incorrect delivery or delayed delivery and if we have concluded a congruent coverage transaction with our supplier. The customer shall be informed immediately about the non-availability of the service. Any counter-performance already rendered by the customer shall be reimbursed without delay. 

(6) Obstacles occurring at our premises or those of our suppliers due to force majeure shall release us from our obligation to deliver for the duration of these obstacles. Agreed delivery periods shall be extended appropriately. Force majeure shall be deemed to include, in particular, war, strikes and lockouts at our suppliers or – if the strike or lockout is lawful – at our company, civil unrest, terrorist attacks and natural disasters.

(7) In the case of unlawful industrial action (in particular strike and lockout) within our company we shall not be liable insofar as we are only guilty of slight negligence. 

(8) If the impediment within the meaning of par. 6 of this provision is permanent, we shall be entitled to withdraw from the contract unless the impediment was already obvious at the time the contract was concluded. In this case we shall inform the customer immediately in accordance with par. 5 clause 3 of this provision and reimburse any counter-performance already rendered without delay.

(9) We are entitled to make partial deliveries. Partial deliveries shall be invoiced immediately.

§ 3 Retention of title

(1) In the case of contracts with consumers we reserve title to the goods until the purchase price has been fully paid. In the case of contracts with entrepreneurs we retain title to the goods until all claims arising from the current business relationship have been fully settled, irrespective of the legal basis.

(2) The customer is obliged to treat the goods with care. As far as maintenance and inspection works are required, the customer shall perform these tasks regularly and at his own expense. 

(3) The customer is obliged to notify us immediately of any third party’s access to the goods (e.g. seizure) and of any damage to or destruction of the goods. The customer is also obliged to notify us immediately of any change of ownership of the goods or of their change of residence.

(4) We shall be entitled to withdraw from the contract and demand the return of the goods in the case of the customer’s breach of contract, particularly in the case of default of payment or violation of a duty as defined in par. 3 and 4 of this provision.

(5) If we demand the return of the goods in accordance with par. 4 of this provision, the customer shall be obliged to surrender the goods immediately upon first request if he is an entrepreneur.

(6) The customer is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice against third parties which accrue to him from reselling. We accept the assignment. After the assignment the customer is entitled to collect the claims on his own behalf and for his own account. We reserve the right to collect the claim ourselves if the customer does not properly fulfill his payment obligations and is in default of payment.

§ 4 Remuneration, default in payment, set-off

(1) All prices are net prices plus the statutory value added tax. The prices we communicate to consumers include value added tax.

(2) In the case of a mail-order purchase the customer shall absorb the shipping costs; the weight determined at the place of dispatch shall be decisive for the calculation. 

(3) After receiving the invoice the customer is obliged to pay within 14 days. If this is not observed, the customer shall be in default of payment.

(4) During the period of default an entrepreneur shall pay interest on the debt at a rate of 8% above the base rate. This does not exclude the assertion of further damages.

(5) The customer shall only have a right of set-off if his counterclaims have been legally established or are undisputed.

(6) The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 5 Transfer of risk, sale by delivery to a place other than the place of performance

(1) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of sale by delivery to a place other than the place of performance upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

(2) The handover shall be deemed to have taken place if the buyer is in default of acceptance.

(3) The dispatch of the goods to entrepreneurs shall in all cases, even in the case of carriage paid delivery, be at the risk of the customer ex our works or ex our warehouse.

§ 6 Warranty

(1) If the customer is an entrepreneur, he must notify us in writing of obvious defects within a period of two weeks after receiving the goods; otherwise the goods shall be deemed to have been approved and the assertion of warranty claims shall be excluded.

(2) Timely dispatch shall be sufficient to comply with the deadline for notification of defects in accordance with par. 1. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular the existence of a defect, the time of discovery of the defect and the timeliness of the notice of defect.

(3) If the purchaser is an entrepreneur, we shall initially provide a warranty for defects in the goods at our discretion either by repair or replacement (subsequent performance).

(4) If such subsequent performance fails, the customer may in principle demand a reduction of payment (deduction) or cancellation of the contract (withdrawal). However, in the case of only a minor breach of contract, in particular in the case of only minor defects the customer shall not be entitled to withdraw from the contract.

(5) If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he shall not be entitled to any additional claim for damages due to the defect.

(6) If the customer is an entrepreneur, public statements, recommendations or advertising statements on our part or on the part of the manufacturer do not constitute a contractual description of the quality of the goods.

(7) For entrepreneurs, the limitation period for claims for defects is one year from delivery of the goods; this does not apply to defects as described in § 438 par. 1 no. 2 or § 634a par. 1 no. 2 BGB. Furthermore, this shall not apply if we can be accused of fraudulent intent or gross negligence, and finally also not for claims of the customer due to injury to life, body or health. The obligation to give notice of defects in due time in accordance with par. 1 of this provision shall remain unaffected.

(8) If the customer receives a defective assembly instruction, we shall only be obliged to supply a defect-free assembly instruction, and only if the defect in the assembly instruction prevents proper assembly.

(9) The customer does not receive any guarantees in the legal sense from us.

§ 7 Limitations of liability

(1) In the case of slightly negligent breaches of duty our liability – irrespective of the legal grounds, subject to par. 3 of this provision – shall be limited to damages which are foreseeable, contract-typical and direct for this type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents.

(2) We shall not be liable to entrepreneurs – irrespective of the legal grounds, subject to par. 3 of this provision – in the case of a slightly negligent breach of immaterial contractual obligations.

(3) The limitations of liability in par. 1 and 2 of this provision do not apply in the case of a customer’s claims arising from product liability. They also do not apply to a customer’s claims for injury to life, body or health.

§ 8 Final provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) Amendments or supplements to the contract concluded between us and the customer must be in writing, whereby transmission by fax is sufficient. This also applies to a waiver of the written form requirement.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for disputes arising from this contract shall be our place of business. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer’s place of residence or habitual abode is unknown at the time the action is brought.

(4) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall then be replaced by a provision that comes as close as possible to the economically intended provision in a legally valid form. The same shall apply if the contract contains a loophole.

Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.