GENERAL TERMS AND CONDITIONS
§ 1 General & Scope
Definitions
Consumers in the sense of the terms and conditions are natural persons with whom a business relationship is entered into, without a commercial or independent professional activity being attributable to them.
Entrepreneurs in the sense of the terms and conditions are natural or legal persons or partnerships with legal capacity with whom business relationships are entered into and who act in the exercise of a commercial or independent professional activity.
Customers in terms of the terms and conditions are both consumers and entrepreneurs.
The terms and conditions apply to all current and future business relationships. They apply to all information given in connection with this in brochures, price lists, advertisements, etc. This applies regardless of whether the information is given orally, in writing, by fax or via the Internet.
Deviating, conflicting or supplementary general terms and conditions, even if known, are not part of the contract, unless their validity is expressly agreed in writing.
The user is entitled to change these general terms and conditions at any time with effect for the future.
§ 2 conclusion of contract
Offers by the user are non-binding. We reserve the right to make technical changes as well as changes in shape, color and / or weight within reasonable limits.
By ordering goods, the customer makes a binding declaration that he wishes to purchase the goods ordered. The user is entitled to accept the contract offer contained in the order within two weeks of receipt by the user. The acceptance can be declared either in writing or by delivering the goods to the customer.
If the consumer orders the goods electronically, the user will immediately confirm receipt of the order. The confirmation of receipt does not yet represent a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
The conclusion of the contract is subject to the correct and timely delivery by the user's suppliers. This only applies in the event that the non-delivery is not the fault of the user. The customer will be informed immediately about the unavailability of the service. Any consideration will be refunded immediately.
If the consumer orders the goods electronically, the text of the contract will be saved by the user and, on request, sent to the customer along with the present General Terms and Conditions by email.
Changes to a concluded contract must be made in writing. This written form clause can only be canceled in writing.
Distance sales contracts according to § 312 BGB: If the consumer orders by catalog, letter, e-mail or telephone, he can return goods within a period of 14 days and receive the purchase price back. Only new and complete goods in their original packaging will be taken back. If the customer has damaged the goods negligently or deliberately, he is obliged to pay compensation. The most cost-effective shipping method is to be selected for the return.
§ 554 BGB and § 455 BGB do not apply.
§ 3 Retention of title
In contracts with consumers, we reserve title to the goods until the purchase price has been paid in full. In contracts with entrepreneurs, we reserve title to the goods until all claims from an ongoing business relationship have been settled in full.
The customer is required to handle the product with care. If maintenance and inspection work is required, the customer must do this regularly at his own expense. The customer also undertakes to notify any change of residence or place of business.
If the value of the security existing for the user exceeds his claims by a total of more than 20%, the customer is obliged to release security at the customer's request in the amount of the excess value.
The customer undertakes to notify the user immediately of any third party access to the goods, for example in the event of seizure, as well as any damage or destruction of the goods.
The user is entitled in the event of behavior by the customer contrary to the contract, in particular in the event of default in payment or violation of an obligation according to No. 4 of this provision to withdraw from the contract and demand the return of the goods.
The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to the user all claims in the amount of the invoice amount that arise from the resale against a third party. The user accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The user reserves the right to collect the claim himself as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment. If the entrepreneur is in default with one or more payments in whole or in part, if he stops paying or if insolvency proceedings have been applied for against his assets, he is no longer entitled to dispose of the reserved goods. The user is then entitled to withdraw from the contract, to take back the reserved goods or to revoke the authorization granted to the customer to collect the claims from resale and to request information about the recipients of the reserved goods and to notify them of the assignment of the corresponding claim and to collect the claim themselves. The user is entitled to freely dispose of any retained goods that have been recovered to the best of their judgment. In the case of further processing, the user remains the manufacturer within the meaning of § 950 BGB. to take back the reserved goods or to revoke the authority granted to the customer to collect the claims from resale and to request information about the recipients of the reserved goods and to notify them of the assignment of the corresponding claim and to collect the claim themselves. The user is entitled to freely dispose of any retained goods that have been recovered to the best of their judgment. In the case of further processing, the user remains the manufacturer within the meaning of § 950 BGB. to take back the reserved goods or to revoke the authority granted to the customer to collect the claims from resale and to request information about the recipients of the reserved goods and to notify them of the assignment of the corresponding claim and to collect the claim themselves. The user is entitled to freely dispose of any retained goods that have been recovered to the best of their judgment. In the case of further processing, the user remains the manufacturer within the meaning of § 950 BGB.
Neither the assertion of the retention of title nor the seizure of the delivery item by the user are considered a withdrawal from the contract.
§ 4 Right of withdrawal and return
I. Distance contract with revocation clause
The consumer has the right to revoke his declaration of intent aimed at concluding the contract within two weeks of receipt of the goods. The revocation does not have to contain any justification and must be declared in writing or by returning the goods to the user; Deadline is sufficient for the timely dispatch.
When exercising the right of withdrawal, the consumer is obliged to return the goods if the goods can be sent by parcel. The cost of returning the goods is borne by the consumer when exercising the right of withdrawal for an order value of up to EUR 40.00, unless the goods delivered do not correspond to the goods ordered. If the order value exceeds EUR 40.00, the consumer does not have to bear the costs of the return.
The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer can carefully and carefully examine the goods. The loss in value that leads to the fact that the goods can no longer be sold as “new” as a result of the use going beyond the mere examination, must be borne by the consumer.
II. Distance contract with return clause
The consumer has the right to return the goods within two weeks of receipt. The right of return can only be exercised by returning the goods or, if the goods cannot be sent as a package, by requesting them to take them back; Deadline is sufficient for the timely dispatch.
The cost of the return is borne by the consumer when exercising the right of return for an order value of up to EUR 40.00, unless the goods delivered do not correspond to the goods ordered. If the order value exceeds EUR 40.00, the consumer does not have to bear the costs of the return.
The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer can carefully and carefully examine the goods. The loss in value that leads to the fact that the goods can no longer be sold as “new” as a result of the use going beyond the mere examination, must be borne by the consumer.
III. Doorstep selling with a revocation clause
The consumer has the right to revoke his declaration of intent aimed at concluding the contract within two weeks of the conclusion of the contract. The revocation does not have to contain any justification and must be declared in writing or by returning the goods to the user; Deadline is sufficient for the timely dispatch.
The user reserves the right to deliver the goods only after the withdrawal period has expired.
If the consumer is already in possession of the goods, he is obliged to return the goods when exercising his right of withdrawal if the goods can be sent by parcel. The cost of returning the goods is borne by the consumer when exercising the right of withdrawal for an order value up to EUR 40.00, unless the goods delivered do not correspond to the goods ordered. If the order value exceeds EUR 40.00, the consumer does not have to bear the costs of the return.
The consumer has to pay compensation for the deterioration caused by the intended use. The consumer can carefully and carefully examine the goods. The loss in value that leads to the fact that the goods can no longer be sold as “new” as a result of the use going beyond the mere examination, must be borne by the consumer.
IV. Door-to-door sales with a return clause
The consumer has the right to return the goods within two weeks of the conclusion of the contract. The right of return can be exercised by returning the goods or, if the goods cannot be sent as a package, by requesting them to take them back; Deadline is sufficient for the timely dispatch.
The cost of the return is borne by the consumer when exercising the right of return for an order value of up to EUR 40.00, unless the goods delivered do not correspond to the goods ordered. If the order value exceeds EUR 40.00, the consumer does not have to bear the costs of the return.
The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer can carefully and carefully examine the goods. The loss in value that leads to the fact that the goods can no longer be sold as “new” as a result of the use going beyond the mere examination, must be borne by the consumer.
§ 5 Remuneration
The offered purchase price is binding. For consumers, sales tax is included in the purchase price. In addition, the stated product (net) price does not include shipping or insurance costs, expenses and taxes; these costs are calculated separately. The user reserves the right vis-à-vis companies to adjust prices accordingly in the event of changes in exchange rates, customs duties, taxes, freight and insurance costs or purchase costs with effect for future transactions.
In the case of contracts with entrepreneurs, the user is entitled to change the prices even after the conclusion of the contract, if the cost factors relevant for pricing have demonstrably changed or the user's supplier has demonstrably increased the prices.
Unless otherwise agreed, the prices according to the user's current price list on the day of delivery apply.
§ 6 Terms of Payment
Unless otherwise agreed, the purchase price and other remuneration, prices for ancillary services, costs incurred are due for payment upon delivery of the object of purchase.
The customer can pay the purchase price by cash on delivery, invoice or credit card.
In the event of default in payment by the customer, the user reserves the right to withhold deliveries and / or services until any outstanding claims have been paid in full, to demand interest on arrears as well as compensation for further damage caused to the user as a result of the default. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
The customer is not entitled to offset claims against the user unless the claim that can be offset is undisputed or has been legally established.
If the customer has deceived the user about his creditworthiness when placing the order or if this was missing, and if this circumstance was not recognizable to the user, the user can withdraw from the contract without a grace period. If such circumstances occur after the order has been placed, the user is only obliged to provide further services against a reasonable down payment.
During the delay, the consumer has to pay interest on the debt at a rate of 5% above the base rate. During the delay, the entrepreneur has to pay interest on the debt at a rate of 8% above the base rate.
§ 7 Delivery
Delivery times are only approximately agreed. Agreed delivery times do not begin to run until the customer has fulfilled any obligations to cooperate.
The user is entitled to make partial deliveries. The place to which delivery is to be made is specified in the order confirmation. The goods are delivered in customary packaging suitable for normal shipping. In the event of default in acceptance, the customer bears all associated costs, in particular storage and labor costs.
Unless otherwise agreed, the user reserves the right to choose the route and means of transport. All deliveries are made ex warehouse and at the customer's risk and expense. The customer also bears the transport risk if the shipping costs are exceptionally borne by the user. The goods can be insured against transport damage against reimbursement of expenses. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass to the customer until the goods are handed over, even if the goods are sold by mail.
The handover is the same if the customer is in default of acceptance.
Delivery is only within the Federal Republic of Germany.
§ 8 Warranty
If the customer is an entrepreneur, the user will initially guarantee defects in the goods by repairing the goods or delivering a replacement.
If the customer is a consumer, the following procedure is agreed, taking into account the economic interests of the user, to remedy a defect in the goods: For products with a value of less than EUR 500.00, the consumer can initially only request a replacement delivery. If the value of the purchased item exceeds EUR 500.00, the user is initially entitled to an attempt at rectification within a reasonable period of time. A reworking period of 20 working days is considered appropriate. If the repair is not economically reasonable, the supplementary performance is carried out by means of a replacement delivery.
If the supplementary performance fails, the customer can in principle, at his own discretion, request a reduction in the payment or cancellation of the contract. However, in the case of only a minor lack of conformity, in particular only minor defects, the customer has no right of withdrawal.
Entrepreneurs must notify the user in writing of obvious defects within a period of two weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects. Consumers must inform the user in writing about obvious defects within a period of two months after the time at which the non-contractual condition of the goods was determined. The receipt of the notification by the user is decisive for meeting the deadline. If the consumer fails to provide this information, the warranty rights expire two months after the defect is discovered. This does not apply to fraudulent intent on the part of the user. The burden of proof for the point in time at which the defect was discovered lies with the consumer. If the consumer was persuaded to purchase the item by incorrect statements made by the manufacturer, he has the burden of proof for his purchase decision. In the case of used goods, the consumer bears the burden of proof that the goods are defective.
If the customer wishes to withdraw from the contract because of a legal or material defect after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect. If the customer wants compensation after a failed supplementary performance, the goods remain with the customer if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if the user fraudulently caused the breach of contract.
For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. For used items, the limitation period is one year from delivery of the goods. This does not apply if the customer has not notified us of the defect in good time (Section 4 of this provision).
If the customer is an entrepreneur, only the manufacturer's product description is deemed to be agreed as the quality of the goods. Public statements, promotions, product and visual samples or advertising by the manufacturer do not represent a contractual specification of the quality of the goods.
The customer does not receive any guarantees in the legal sense from the user. Manufacturer guarantees remain unaffected.
§ 9 Limitations of Liability
In the case of slightly negligent breaches of duty, the liability of the user is limited to the foreseeable, contract-typical, direct average damage based on the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
The above limitations of liability do not affect customer claims arising from product liability. Furthermore, the limitations of liability do not apply to physical injury or damage to health attributable to the user or to the loss of the customer's life.
Claims for damages by the customer due to a defect expire one year after delivery of the goods. This does not apply if the user can be accused of malice.
§ 10 Final provisions
The law of the Federal Republic of Germany. The provisions of the UN sales law do not apply.
If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the user's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or habitual abode are not known at the time the action is brought.
Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.
