1. Scope of application
Our General Terms and Conditions of Business shall apply exclusively. We do not recognize any terms and conditions of the buyer that are contrary to, supplementary to or deviate from our General Terms and Conditions unless their validity has been expressly agreed to in writing. agreed to in writing. This requirement of consent shall apply in any case, in particular even if we carry out the delivery to the Buyer without reservation in the knowledge of the Buyer’s terms and conditions. All of our services, deliveries, consultations and offers shall be based shall be made exclusively on the basis of these General Terms and Conditions. Diese gelten somit auch für alle künftigen Geschäftsbeziehungen, auch wenn sie nicht nochmals ausdrücklich vereinbart werden. These terms and conditions shall be deemed to have been accepted at the latest when the these terms and conditions as accepted.
2. Conclusion of contract
All offers are non-binding and subject to change. The buyer is bound to his order for two weeks. The purchase contract shall be deemed concluded if we confirm acceptance of the order in writing within this period or have carried out the delivery. have executed the delivery. If an item is not available, we are entitled to withdraw from the purchase contract, stating the relevant reason. The buyer will be informed as soon as possible. Seitens des Käufers besteht kein Schadensersatzanspruch für nicht gelieferte Ware. Angaben über Leistungen, wie z.B. Betriebskosten, Energieverbrauch, Maße und Gewichte, Bearbeitungszeiten und Werkstückqualitäten, sind als annähernd zu betrachten und stellen keine garantierten Beschaffenheitsmerkmale dar, es sei denn, wir haben diese ausdrücklich schriftlich zugesagt. Die Übertragung von Rechten und Pflichten aus dem Kaufvertrag bedarf der vorherigen schriftlichen Zustimmung des Vertragspartners. All agreements must be recorded in writing. This also applies to subsidiary agreements and assurances as well as to subsequent amendments to the contract.
All prices are exclusive of the applicable statutory value added tax and shipping costs. The buyer shall insure and declare the item at his own expense and bear the costs of packaging customary for transport. We must merely make the object of purchase available for loading. Other agreed ancillary services and costs disbursed by the purchaser as agreed shall be borne by the purchaser.
Unless otherwise agreed, payment shall be made in advance. In the case of advance payment, we will provide you with our bank details in the order confirmation. Your order can be deleted by us after two weeks if no payment has been received by then. has been received. Through our online store, payment via PayPal and credit card is also available. When paying with PayPal, we debit your account after receipt of order. Bei Kreditkartenzahlung belasten wir Ihre Kreditkarte bei Auftragsannahme. In Rechnung gestellte Beträge sind mit Erhalt der jeweiligen Rechnung ohne Abzug zur Zahlung fällig. Der Abzug von Skonto ist nur bei gesonderter schriftlicher Vereinbarung zulässig. Kommt der Käufer binnen zwei Wochen nach Lieferung in Zahlungsverzug, können wir auch ohne Mahnung Verzugszinsen in Höhe von 8 % über dem von der Europäischen Zentralbank bekannt gegebenen Basiszinssatz p.a. berechnen. Die Geltendmachung eines darüber hinausgehenden Verzugsschadens bleibt vorbehalten. Against our claims The buyer can only offset against our claims if the counterclaim of the buyer is undisputed or a legally binding title exists. The buyer can only assert a right of retention if it is based on claims from the purchase contract.
5. Shipment and transfer of risk
The method of shipment, in particular the choice of the carrier, is at our discretion, unless otherwise agreed. The dispatch of the goods takes place on working days usually 2 days after receipt of payment. Force majeure, riot, strike, lockout and significant operational disruptions through no fault of our own shall alter the above dates and deadlines by the duration of the performance disruptions caused by these circumstances. The delivery of the goods is at the risk of the buyer. The risk passes mit Übergabe der Ware an das Transportunternehmen auf den Käufer über. Dies gilt auch, wenn der Verkäufer die Transportkosten übernommen hat oder die Ware selbst abholt. Complaints due to transport damage (e.g. damaged packaging on receipt of the goods) must be of the goods) the buyer has to claim directly against the transport company within the time limits provided for this purpose.
The sale is made under exclusion of any warranty. We are only liable if we have guaranteed certain characteristics in writing or have fraudulently concealed defects. Defects must be reported to us in writing within two weeks after receipt of the goods, otherwise our otherwise our liability is excluded. Insofar as a condition report forms the basis of the purchase contract, the information provided therein shall only represent a description of the condition of the object of purchase corresponding to its age and performance. description of its condition. The information in the condition report does not represent any guaranteed quality features. Even in the case of a positive assessment, the buyer must expect use and impairment of the functions of the object corresponding to its age. of the object to be expected.
7. Assembly, commissioning and use
The goods sold by us require trained specialist personnel for assembly, commissioning and use. If, in the case of claims for defects, the specialist knowledge and expertise required for assembly, commissioning and use cannot be proven, our liability is excluded, our liability is excluded.
8. Exchange and return of goods
If we agree to an exchange request or a return of the goods of the buyer without being legally obliged to do so, the buyer shall bear the resulting costs. A prerequisite for an exchange or a return of goods is that the buyer buyer returns the goods at his own risk and that they are in perfect condition upon arrival. For agreed returns of goods, we charge a restocking fee of 15% of the gross value of the goods, but at least 30 euros. Returns without our prior written consent will not be accepted. In the event of a claim, costs for express shipments will not be refunded.
9. Retention of title
All deliveries are made under reservation of title. The delivered goods remain our full property until full payment of the purchase price.
Unless otherwise stipulated in these General Terms and Conditions including the following provisions, we shall be liable for damages, irrespective of the legal grounds, in particular for impossibility, delay, defective or incorrect delivery and wrong delivery and tort, to the extent that fault is involved in each case. We shall not be liable in the event of slight negligence on the part of our organs, legal representatives, executive employees or other vicarious agents, as far as it does not concern a breach of essential contractual obligations, e.g. in case of timely delivery. Liability shall be limited to such damages as we foresaw or should have foreseen at the time of conclusion of the contract as possible consequences of a breach of contract. or should have foreseen at the time of the conclusion of the contract. Indirect damage and damage as a result of defects in the object of purchase shall also only be compensated by the seller insofar as such damage is possibly to be expected in the case of intended use of the object of purchase. are to be expected. The above limitations shall not apply to the Seller’s liability in case of intent, warranty of quality features, injury to life, body or health and under the Product Liability Act.
11. Applicable law
These General Terms and Conditions and all legal relations between us shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of all international and supranational legal systems, in particular the UN Convention on Contracts for the International Sale of Goods.
12. Place of performance and jurisdiction
The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our registered office.
The invalidity or ineffectiveness of individual provisions of this contract shall not affect the validity of the remaining provisions. Invalid or ineffective conditions shall be replaced by legal provisions that come closest to the ineffective provision comes closest to the invalid provision or fills this gap.
Last updated: 01.2016