General terms and conditions

General terms and conditions

1 Validity of the Conditions

Deliveries, services and offers are made by us exclusively on the basis of these terms and conditions. They also apply to future transactions within current business relationships, even if they are not expressly agreed again. At the latest with the acceptance of the goods or service, these conditions shall be deemed accepted. Counter-confirmations by the customer with reference to his business or purchasing conditions are hereby contradicted. Agreements differing from our terms and conditions are only valid if confirmed by us in writing. An oral cancellation of this written form clause is ineffective.

2 Offer and conclusion of contract

Our offers are free and non-binding. A contract comes into existence only if the order given to us has been confirmed by us in writing or we recognize by delivery that we have accepted the order. Within the online shop, the contract is concluded with the final sending of the order. Before the final sending, you have the possibility again to check all data for correctness.

3 prices

The prices quoted by us are subject to changes in the foreign exchange rates on a daily basis for products which are denominated in foreign currencies, plus the respectively applicable statutory value-added tax. All prices including VAT are shown for end users. A detailed list is available at the end of the ordering process.

4 Delivery

Delivery cost:
We deliver from stock including packaging. The delivery terms of the current price list apply. In the Internet shop, all the resulting costs are displayed in the overview. Should further costs arise, we will contact you immediately.
Delivery times and delivery dates:
Dates and delivery periods are non-binding, unless expressly agreed otherwise in writing. The specification of specific delivery periods and delivery dates is subject to the proviso of the correct and timely delivery to us by suppliers and manufacturers.
Delivery and performance delays due to force majeure and due to other unforeseeable events which make the delivery substantially more difficult or impossible and which we are not responsible for (especially war, warlike events, official orders, deportation of AU's, Or any transitory interference or other operational disturbances of any kind, traffic disturbances), whether these events occur with us, the suppliers or their subcontractors, the delivery or service entitles us to the duration of the hindrance, A reasonable start-up period, or to withdraw from the contract in whole or in part, if not already fulfilled. The delivery period shall also be extended by the period during which the buyer is in default with the fulfillment of his contractual obligations. If the hindrance lasts longer than 3 months, the buyer is entitled to rescind the contract in whole or in part, if not fulfilled, after a reasonable grace period (at least 14 days).
Part deliveries and partial services are possible. In the case of supply contracts, each partial delivery and partial service shall be considered an independent service.

5 Shipping and transfer of risks

The risk shall pass to the customer at the latest upon dispatch of the parts, even if partial deliveries are made. Insofar as insurances for the parts are in favor of us at the transporter, they are assigned to the customer in the event of damage. The same applies to any further liability of the transporter to us as consignor.
The statutory provisions apply to end users.

6 Payment

Unless otherwise agreed, our invoices with invoice receipt and provision of the goods are payable immediately or within 14 days without deduction. The customer is obligated to have the payments made by him initially offset against his oldest liability. A different provision made by the customer is ineffective. If costs and interest have already been incurred, the customer first has to pay the payment to the costs, then to the interest and finally to the main service. A payment is only deemed to have been made with our authority over the amount. Checks and bills of exchange will not be accepted.
Payment delay:
In the event of a delay in payment, we charge default interest at the rate of 2% above the respective discount rate of the Deutsche Bundesbank, but at least 8%. If the customer fails to meet his payment obligations or falls into arrears, or if we become aware of other circumstances that call into question his creditworthiness, we are entitled to pay the entire residual debt due. A right of retention of the buyer or the set-off of the buyer with counter-claims are excluded, unless the buyer's counterclaim is not disputed or legally established.

7 Property reservation

The goods remain our property until full payment of the purchase price and all demands from the existing business connection. The customer may neither pledge nor surrender the delivered goods before their full payment. In the case of access by third parties, in particular in case of seizures and confiscation, the customer shall immediately notify us thereof. The third party shall immediately refer to our retention of title.
In the case of a breach of contract by the customer, in particular in the event of a delay in payment, we are entitled to take back the goods after a reminder and the customer is obliged to surrender. The assertion of the retention of title as well as the seizure of the delivery item by us shall not be deemed a rescission of the contract unless the Consumer Credit Law is applied. The customer's claims arising from the resale of our goods which have not yet been paid will be ceded to us in advance. In the event that the goods are sold by the customer with other goods which are not our property, the purchase price shall only be deemed to be assigned to the value of the goods delivered by us. The customer is authorized to collect the assigned claims as long as he meets his payment obligations.

8 Warranty

The seller assumes the warranty that the goods are free from defects in materials and workmanship that will cancel or significantly reduce the suitability of the goods in normal use, as long as the warranty has not been restricted or lifted by the supplier. No liability is assumed for damages resulting from the following reasons: unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable equipment, exchange materials and chemical or electrical influences , Provided that they are not attributable to a fault on the part of the supplier. In the absence of any further claims, all of our parts will be repaired, re - delivered or credited free of charge at any discretion, which shall be deemed to be within six months of delivery as a result of a circumstance occurring before the transfer of risk - particularly due to faulty design, poor material or defective design Unusable or impaired in their usefulness. The determination of such defects shall be reported to us immediately in writing. Replaced parts will be our property, as long as the reservation of ownership is ours. Further claims of the customer, in particular a claim for compensation for damages, which have not arisen on the delivery item itself, are excluded, unless they were based on intent or gross negligence. All goods leave our house in the tested condition.
For end users:
The guarantee is made according to the statutory provisions, whereby in the event of a defect of the goods, we shall initially deliver or repair the goods. If the rectification fails, or if the delivered goods are also defective, you can return the goods against a refund of the full purchase price or keep the goods and reduce the purchase price. Information about any manufacturer warranties, please refer to the product documentation.
Transportation damage:
The customer is obliged to inspect the goods immediately upon delivery for damage as well as for obvious defects. The defects must be reported immediately to the deliverer (eg parcel service or freight forwarder) and must be noted on the freight documents. The damaged goods remain at the recipient's disposal until they are examined by an expert. The statutory provisions and deadlines apply to final consumers.
Special orders:
Goods which have been ordered at the customer's special request shall be regarded as special orders. They are generally excluded from the exchange or from the return and credit note.
Advice, notes and information:
Liability for advice, advice and information is excluded, even if it is within the scope of the instruction.
Returns:
Returns of defect-free and original packaged consignments are in principle excluded and will not be accepted by us for the crediting, unless the return is made with our prior consent and with a calculation of a processing fee of 15% of the value of the goods. The return is free of charge for us ( "Freihaus") and in perfect condition. In all other respects, the conditions of complaint of the current price list apply.

9 Revocation right

Consumers are entitled to the right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.

10 Applicable law, nonexistence

The law of the Federal Republic of Germany shall apply to our business conditions and all legal relations between us and the customer. Should a provision of these terms or a provision be or become invalid under other agreements, the validity of the remaining provisions or agreements shall remain unaffected. Jurisdiction and place of performance is the place of business.