General Terms and conditions
General Terms and Conditions of Business
- The business relationship between us and the customer shall be governed exclusively by the following General Terms and Conditions of Business (hereinafter GTC). You can download the text version of our GTC onto your computer or print it out.
A consumer is any natural person who enters into a legal transaction for a purpose unrelated to his or her business, trade or self-employed professional activity.
An entrepreneur is any natural or legal person, or any individual or company vested with legal capacity, who enters into a legal transaction in the conduct of its business, trade or self-employed professional activity.
- Our offers are exclusively intended for entrepreneurs and are made solely on the basis of, and taking into account, our General Terms and Conditions of Business, which in all instances are an integral part of a contract.
- Any deviating, conflicting or supplementary General Terms and Conditions of our customers, even if not expressly rejected by us, shall only become an integral part of the contract if we expressly acknowledge their inclusion in writing prior to, or during, conclusion of the contract. Confirmations of the customer to the contrary with reference to deviating Terms and Conditions are herewith contradicted in advance.
2. Conclusion of contract
- A customer order represents an offer to us to conclude a contract of sale.
- We are entitled to accept the contractual offer made in an order within 7 days of receiving it. Acceptance of the offer can be declared either in writing or by delivery of the goods to the customer. If no action is taken by the time the 7-day period has expired, the offer shall be considered rejected.
- We shall confirm receipt of an order immediately via e-mail. However, confirmation of receipt does not constitute acceptance of the offer, rather is intended only as notification that the order was received.
3. Reservation of adequate supply
- Conclusion of the contract is subject to the reservation that we receive correct and punctual deliveries from our own suppliers. However, this shall only apply if we are not responsible for non-delivery by our supplier, we previously concluded a congruent covering transaction with our supplier, and the incorrect or unfulfilled delivery of supplies to us is unforeseeable, cannot be reasonably rectified by us and is not only temporary.
- If the goods to be delivered by us are not available, we shall notify the customer without delay and, in such cases, immediately reimburse any consideration received.
- We deliver only to customers in Europe.
- Unless agreed otherwise, deliveries are made from our warehouse to the delivery address provided by the customer. After payment of the agreed price, the delivery address can no longer be changed. However, the customer is free, at its own risk, to change the delivery address in agreement with the forwarding agent specified by us.
- The delivery periods stated in our online shop shall apply. The delivery period begins on the working day following receipt of payment.
- If the period for performance is exceeded, the customer shall define a reasonable grace period.
- Circumstances or events beyond our control, which make timely performance impossible or unreasonably difficult, such as traffic or business disruption, energy shortage, lawful strike or lock-out, or force majeure, shall correspondingly extend the performance period. The same shall apply if the circumstances specified above affect our sub-suppliers, in which case the lawfulness of a strike shall not be a determining factor.
- We are entitled to make partial deliveries. In the case of partial deliveries, we shall bear any resulting, additional shipping costs.
- The fulfilment of our delivery obligation shall be conditional upon the timely and proper fulfilment of our customer’s contractual obligations.
5. Payment provisions, default
- All prices are in euros. Our prices are ex works Mönchengladbach, plus freight costs and the value-added tax applicable on the date of delivery. The price shown on our Internet site on the date an order is placed shall apply.
- If a delivery is made to companies outside Germany, the invoice shall be issued without value-added tax if the customer provides us with its current VAT ID and proof that the business is a commercial undertaking. For this purpose, a customer is required to contact us in advance at +49 2405-60398-10.
- The purchase price is due immediately.
- The customer can pay in advance, via PayPal, or cash on self-pickup.
- The customer shall only have a right of set-off if its counterclaims have been deemed legally valid or are undisputed. The customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
6. Transfer of risk, transport risk, insuring of the goods
- The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon delivery of the goods or, in cases involving the carriage of goods, upon surrender of the goods to the respective forwarding agent or carrier.
The goods shall only be insured in transit at the express request of the customer. The resulting costs shall be borne by the customer.
- We are responsible for choosing the mode and route of transport.
- The delivery shall be deemed to have taken place even if the customer delays in accepting the goods.
Should goods be defective, the following applies:
· Minor deviations in the delivered goods from those ordered shall not be regarded as defects insofar as we have not given any assurances or guarantees with respect to quality characteristics, and contractual use is not limited or impaired by such deviations.
· Immediately upon receipt, the customer shall inspect the goods for completeness and freedom from defects. The customer shall notify us of any obvious defects in a delivered object without delay, but no later than 10 days from the date of its delivery. The customer shall notify us of any defects in a delivered object which are not obvious without delay, but no later than 10 days from the date such defects could be identified. In this case, the date on which notification is sent is decisive. If the customer allows these deadlines to elapse, the goods shall be considered to be in conformity with the contract.
· In cases of defects, we shall be entitled at our discretion to supply a replacement or to repair the item. If this subsequent performance fails twice, the customer shall be entitled to reduction (reduce payment) or rescission (cancel the contract).
· In the event of rescission after the failure of replacement or repair, the customer shall have no further claim to compensation for the defect.
8. Quality of the goods/Quality guarantee
- It shall be agreed that the quality of the goods is based exclusively on the manufacturer’s product description. Public statements, promotional information or advertisements of the manufacturer do not constitute contractual quality characteristics of the goods. The same applies to technical descriptions as well as colour, shape and size information provided in our catalogues, brochures or price lists.
- We give no guarantee as to the quality of the goods. If the product manufacturer offers a guarantee, any claims of the customer shall be exclusively against the manufacturer and governed by its respective guarantee terms and conditions.
9. Limitation of liability/Limitation of warranty and compensation claims
- In the event of slightly negligent breaches of obligation, our liability shall be limited to the foreseeable, direct average damages typical for such a contract and in consideration of the nature of the goods. We shall not be liable for any slightly negligent violation of immaterial contractual obligations.
- Clause 1 shall not be applicable in the case of bodily injury, damage to health or loss of life of the customer attributable to us, or in the case of customer claims arising from product liability.
- The limitation period for warranty and compensation claims of the customer arising from a defect shall be one year from delivery of the goods. This shall not apply in cases of fraudulent intent, gross negligence or wilful intent.
10. Retention of title
- The goods shall remain our property until the purchase price has been paid in full.
- Delivered goods shall remain our property until our claims to payment of the purchase price arising from our business relationship have been settled in full. Our retention of title expires once all claims still outstanding at the time of payment, as well as claims covered by our retention of title, have been settled.
- The entrepreneur is entitled to resell the reserved goods in the course of ordinary business activity as long as it duly fulfils its contractual obligations to us. The customer shall assign in advance all claims arising from such resale to us to the amount of the respective invoice total. We herewith accept such assignment of claims in advance. We authorize the customer, this being revocable at any time, to collect such claims.
- The customer may not pledge the goods or assign them as security to a third party. The customer shall inform us without delay of any interference by third parties in our ownership of the goods.
- The entrepreneur is obligated, at its own cost, to insure the reserved goods at replacement value against damage due to fire, water and theft, and to provide us with verification on request that all due premiums have been paid.
11. Applicable law
The laws of the Federal Republic of Germany shall apply with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12. Legal venue
The legal venue for all disputes arising from the contractual relationship shall be Gelsenkirchen.
13. Final provisions
The invalidity of any individual provisions shall not affect the validity of the remaining provisions.