Terms and Conditions
§ 1 Offer and Conclusion of Contract
The order signed by the customer is a binding offer. We may accept this offer within two weeks by sending an order confirmation or by dispatching the ordered goods within this period.
§ 2 Documents Provided
We reserve ownership and copyright in all documents, such as calculations, drawings, etc., provided to the customer in connection with the order placement. These documents may not be made accessible to third parties unless we give our express written consent to the customer. If we do not accept the customer's offer within the period specified in § 1, these documents must be returned to us immediately.
§ 3 Prices and Payment
1. Our prices include VAT (and packaging costs). Delivery and shipping costs are (not) included in our prices.
2. Payment of the purchase price must be made exclusively to the account specified on the reverse side. A discount is only permissible if specifically agreed upon in writing.
3. Unless otherwise agreed, the purchase price is payable within 10 days after delivery (Alternatives: "... the purchase price is payable within 21 days after invoicing" or "... the purchase price is payable by - specific date -"). Default interest will be charged at 5% above the respective base interest rate per annum (see Appendix 1). We reserve the right to claim higher damages for default. In the event that we claim higher damages for default, the customer has the option to prove to us that the claimed damages for default did not occur at all or were at least significantly lower.
§ 4 Set-off and Rights of Retention
The customer is entitled to set-off only if their claims have been legally established or are undisputed. The customer is also entitled to set-off against our claims if they assert claims for defects or counterclaims from the same purchase agreement. The customer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
*) Please note the user information on the previous page and the remarks in Appendix 1! When using the General Terms and Conditions in distance selling, additional regulations (e.g., right of withdrawal and return) must be observed.
1. Unless an expressly binding delivery date has been agreed upon, our delivery dates and deadlines are exclusively non-binding information.
2. The commencement of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract remains reserved.
3. The customer may, X weeks after exceeding a non-binding delivery date/deadline, request us in text form to deliver within a reasonable period. Should we culpably fail to meet an explicit delivery date/deadline or if we are in default for any other reason, the customer must set us a reasonable grace period for performance. If we allow the grace period to expire fruitlessly, the customer is entitled to withdraw from the purchase contract.
4. If the customer defaults on acceptance or culpably violates other duties to cooperate, we are entitled to demand compensation for the damage incurred by us, including any additional expenses. Further claims remain reserved. The customer, for their part, reserves the right to prove that the damage in the claimed amount did not occur at all or was at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item transfers to the customer at the time the customer defaults on acceptance or payment.
5. Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.
§ 6 Retention of Title
1. We retain ownership of the delivered goods until full payment of all claims arising from the delivery contract.
2. The customer is obliged to treat the purchased item with care as long as ownership has not yet passed to them. In particular, they are obliged to insure it at their own expense against theft, fire, and water damage for the new value (Note: only permissible for the sale of high-value goods). If maintenance and inspection work must be carried out, the customer must perform it in a timely manner at their own expense. As long as ownership has not yet passed, the customer must immediately notify us in text form if the delivered item is seized or otherwise exposed to third-party interventions. Insofar as the third party is not able to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss incurred by us.
3. The processing, working or transformation of the purchased item by the customer is always done in our name and on our behalf. In this case, the customer's expectant right to the purchased item continues in the transformed item. If the purchased item is processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the objective value of our purchased item to the other processed items at the time of processing. The same applies in the event of commingling. If commingling occurs in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportional co-ownership to us and safeguards the resulting sole ownership or co-ownership for us. To secure our claims against the customer, the customer also assigns to us those claims that accrue to them against a third party through the connection of the reserved goods with a property; we accept this assignment now.
4. We undertake to release the securities due to us at the customer's request, insofar as their value exceeds the claims to be secured by more than 20%.
§ 7 Warranty and Notice of Defects
1. Insofar as the information contained in our brochures, advertisements, and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate.
2. Insofar as the delivered item does not have the quality agreed upon between the customer and us or is not suitable for the use presumed by our contract or for general use, or does not have the properties that the customer could expect based on our public statements, we are obliged to provide subsequent performance. This does not apply if we are entitled to refuse subsequent performance due to statutory regulations.
3. The customer initially has the choice of whether subsequent performance should be by repair or replacement. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer. During subsequent performance, the customer is excluded from reducing the purchase price or withdrawing from the contract. A repair is deemed to have failed after the second unsuccessful attempt, unless something else arises, in particular, from the nature of the item or the defect or other circumstances. If subsequent performance has failed or if we have refused subsequent performance entirely, the customer may, at their option, demand a reduction in the purchase price (reduction) or declare withdrawal from the contract.
4. The customer may only assert claims for damages due to the defect under the following conditions if subsequent performance has failed or if we have refused subsequent performance. The customer's right to assert further claims for damages under the following conditions remains unaffected.
5. Without prejudice to the foregoing provisions and the following limitations of liability, we are liable without limitation for damages to life, limb, and health caused by a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damages covered by the Product Liability Act, and for all damages based on intentional or grossly negligent breaches of contract and malice by our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee for the goods or parts thereof, we are also liable within the scope of this guarantee. However, for damages resulting from the lack of guaranteed quality or durability, but not occurring directly to the goods, we are only liable if the risk of such damage is evidently covered by the quality and durability guarantee.
6. We are also liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations whose fulfillment is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable insofar as the damages are typically associated with the contract and foreseeable. Otherwise, we are not liable for simple negligent breaches of non-essential ancillary contractual obligations. The limitations of liability contained in sentences 1 - 3 also apply insofar as liability for legal representatives, executive employees and other vicarious agents is concerned.
7. Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
8. The warranty period is 2 years, calculated from the transfer of risk (Note: a reduction to one year in general terms and conditions is possible for used goods. For building materials - if installed - the warranty period is 5 years; if the building materials are used, a reduction to 1 year is possible in general terms and conditions). This period also applies to claims for compensation for consequential damages, unless claims arising from tort are asserted.
§ 8 Miscellaneous
1. This contract and the entire legal relationship between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.
Notes
Transparency Requirement
This requirement means that a clause in general terms and conditions is considered unfairly disadvantageous, even if it is not clear and understandable. This requirement means that intransparent clauses are to be regarded as invalid per se, without the need for an additional substantive unfair disadvantage to the contracting party. Furthermore, this also means that the transparency requirement also applies to price provisions and performance-describing clauses, which are generally exempt from content control.
Warranty Periods
For sales and work contracts, the warranty period is 2 years. The warranty period can be shortened by general terms and conditions as follows:
Movable goods other than building materials
– new – Buyer is consumer 2 years
– Buyer is entrepreneur 1 year
– used – Buyer is consumer 1 year
– Buyer is entrepreneur none
Duty to Notify Defects
For non-obvious defects, the defect notification period in the general terms and conditions may not be shorter than two years (for used goods: one year). The period begins at the start of the statutory limitation period.
Reimbursement of Expenses for Subsequent Performance
According to § 439 (2) BGB, the seller must bear the expenses necessary for subsequent performance (e.g., transport, travel, labor, and material costs). This obligation may not be excluded by general terms and conditions.
Limitation to Subsequent Performance
For a defective item, the buyer can demand, at their discretion, either the rectification of the defect or the delivery of a defect-free item as subsequent performance. Only if subsequent performance fails, is impossible or unreasonable, can the buyer – as a secondary option – assert warranty rights: withdrawal or reduction. Limitations solely to subsequent performance are invalid if the other contracting party is denied the right to reduction in case of failed subsequent performance.
Limitations of Liability
Any exclusion or limitation of liability for damages resulting from injury to life, limb, or health, which are based on an intentional or negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user, is invalid.
Amount of Default Interest
From the beginning of default, the buyer owes the seller default interest in addition to the purchase price. If a consumer is involved in the purchase contract, either as buyer or seller, the interest rate is 5% above the base interest rate. For purchase contracts between entrepreneurs, the interest rate is 8% above the base interest rate. The current base interest rates can be determined at https://www.bundesbank.de/Redaktion/DE/Standardartikel/Bundesbank/Zinssaetze/basiszinssatz.html.