Conditions
Terms of Service
§ 1 Scope
1. These conditions of sale apply exclusively to both consumption and to companies within the meaning of § 310 paragraph 1 sentence 1 BGB. Conflicting or divergent terms and conditions of the buyer, we only accept if we expressly agree in writing to the validity.
2. These conditions of sale also apply to all future transactions with the buyer, as far as related legal transactions are concerned.
§ 2 Offer and contract
The agreement signed by the buyer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or within this period the ordered goods send. If an order is to be regarded as an offer according to § 145 BGB, we can accept it within 2 weeks.
§ 3 prices and payment
1. Unless otherwise agreed in writing, our prices are ex warehouse excluding packaging and include 19% VAT. Packaging costs will be charged seperately.
2. Payment of the purchase price must be made exclusively to our business account. The deduction of cash discount is only permitted with a written special agreement.
3. Unless otherwise agreed, the purchase price must be paid within 14 days of delivery.
4. If the buyer is a consumer, then the agreed delivery time exceeds the period of four months from the conclusion of the contract or the delivery for four months from the conclusion of the contract for reasons that are the sole responsibility of the buyer or alone fall into its scope of risk, delayed, we are entitled to charge the price valid on the day of delivery. If the price increase is more than 5% of the purchase price stated on the previous page, the buyer is entitled to withdraw from the contract. This right of withdrawal does not apply if the buyer does not exercise it within a period of 2 weeks starting from the date of notification of the new price.
5. If the buyer and a company are involved, reasonable price changes are reserved for changes in labor, materials and distribution costs for deliveries made three months or more after the conclusion of the contract.
6.In case of default of payment, we are entitled, from the second reminder to charge dunning fees in the amount of 5 - EUR and default interest. § 2 Offer and contract
§ 4 set-off and rights of retention
The buyer has the right to offset only if his counterclaims are legally established or undisputed. The buyer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 5 delivery time
1. The beginning of the delivery time specified by us requires the clarification of all technical questions as well as the timely and proper fulfillment of the obligations of the buyer. The exception of the unfulfilled contract remains reserved.
2. If the buyer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred in this respect (including any additional expenses). Further claims are reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased goods at the time of the buyer, in which he is in default of acceptance and debtor default.
3. We are liable in the event of default in delivery for each completed week of delay in the context of a flat-rate compensation for default in the amount of 3% of the delivery value, but not more than 15% of the delivery value. Further legal claims and rights of the buyer due to a delay in delivery remain unaffected.
§ 6 Transfer of risk upon dispatch
If the goods are shipped to the buyer at the buyer's request, the risk of accidental loss or accidental deterioration of the goods is transferred to the buyer upon dispatch to the buyer, at the latest when leaving the factory / warehouse. This applies regardless of whether the shipment of goods from the place of performance or who bears the freight costs.
§ 7 Retention of title
1. We reserve the ownership of the delivered goods until full payment of all claims from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the buyer behaves contrary to the contract.
2. The buyer is obliged, as long as the property has not been transferred to him, to handle the purchased goods with care.
§ 8 Warranty and notice of defects
1. Warranty rights of the buyer presuppose that they have duly fulfilled their duties of inspection and complaint pursuant to § 377 HGB. Should complaints arise despite the greatest attention, according to § 377 HGB obvious defects must be asserted immediately, but at the latest within 14 days after receipt of the goods, concealed defects immediately after their discovery. Otherwise, the goods are considered approved.
2. Claims for defects expire 12 months after delivery of the goods delivered by us to our buyer. The above provisions do not apply insofar as the law requires longer periods in accordance with § 479 (1) BGB (right of recourse). Prior to returning the goods our permit is to be requested.
3. If, despite all due care, the delivered goods have a defect that was already present at the time of transfer of risk, we will repair the goods, subject to timely notice of defects at our option or deliver replacement goods. We always have the opportunity to provide supplementary performance within a reasonable period of time.
4. If the subsequent performance fails, the buyer can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration. The customer can not demand compensation for futile expenses.
5. Claims for defects do not exist with insignificant deviation from the agreed condition, with only insignificant impairment of the usability, with natural wear and tear or with damages such as after the transfer of risk due to faulty or negligent treatment, excessive use, unsuitable equipment, defective construction work, unsuitable Ground or due to special external influences, which are not required by the contract. If the purchaser or third party undertakes improper repair work or changes, there are no claims for defects for these and the resulting consequences.
6. Claims of the buyer for the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by us subsequently to a location other than the establishment of the Buyer, unless the shipment complies with its intended use.
7. Claims for recourse of the purchaser exist only to the extent that the purchaser has not made any agreements with his purchaser beyond the legally binding claims for defects. Paragraph 6 shall apply mutatis mutandis to the extent of the claim of recourse of the buyer against the supplier.
8. Any further or other claims of the buyer against us and our vicarious agents as regulated here in § 9 due to a defect are excluded.
9. In the case of malicious concealment of a defect or in the case of the assumption of a guarantee for the condition of the commodity at the time of passing of risk in the sense of § 444 BGB the rights of the buyer are directed exclusively after the legal regulations.
§ 9 Miscellaneous
1. This contract and the entire legal relationships between the parties are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
2. Place of performance and exclusive place of jurisdiction for all disputes arising from this contract is Berlin.
3. Changes and additions to this contract must be made in writing. This also applies to changes to this written form clause. Verbal collateral agreements were not met.
§ 10 Savatory clause
1. Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions shall remain unaffected. The parties undertake to replace the ineffective provision with such legally permissible provision that comes closest to the economic purpose of the invalid provision or fills in this gap.