General Terms and Conditions of Business
1. scope of application
2. offer, conclusion of contract
3. prices and terms of payment
4. deliveries
5. place of performance, dispatch, transfer of risk
6. return of goods
7. warranty, material defects
8. liability for damages due to fault
9. retention of title
10. final provisions
1. scope of application
(1) Our deliveries, services and offers are made exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law or special funds under public law (hereinafter also referred to as “Customer”).
(2) All deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions are therefore an integral part of all contracts concluded by us for the deliveries or services offered by us. General terms and conditions of the customer or third parties are not recognised unless we expressly agree to their use in writing in individual cases. The same applies to agreements, in particular the customer’s terms and conditions of purchase, which deviate from these General Terms and Conditions.
(2) Offer, conclusion of contract
(1) Information in our catalogue and in the online shop on the subject matter of the delivery or service (e.g. weights, dimensions, load-bearing capacity and technical data) are only approximate, unless the usability for the contractually intended purpose requires an exact match. They are not guaranteed quality features, but descriptions or identifications of the delivery or service. Guarantees of quality require express agreement. In case of doubt, we do not give any special quality guarantees. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements as well as the replacement of components with equivalent parts are permissible insofar as they do not impair the usability for the contractually intended purpose.
(2) Conclusion of contract for catalogue orders: All offers in the catalogue represent a non-binding invitation for the customer to place an order for goods. Only when we accept the customer’s order does the contract come into effect under the agreed terms and conditions. This acceptance takes place at the latest with the delivery of the goods. An order confirmation sent in advance does not constitute acceptance of the offer.
(3) Conclusion of contract for orders in the online shop: All offers in our online shop represent a non-binding invitation for the customer to place an order for goods. The customer can place the individual goods in a shopping basket and then proceed to the checkout. Before submitting his order declaration, all data is displayed once again on an order overview. Here the customer can quickly and easily identify input errors and change them by clicking on the “Edit” button. To place a binding order, the customer must click on the “Order with costs” button. Immediately thereafter, the customer will receive an e-mail confirming receipt of the order. This is not a declaration of acceptance. The purchase contract is concluded either by sending the goods or by a separate declaration of acceptance. After conclusion of the contract, the individual orders can be viewed in the customer account. The GTC are only made available on the website in the current version. The language provided for the conclusion of the contract is exclusively German.
3 Prices and terms of payment
(1) The prices are in EURO plus the statutory value added tax. The shipping and freight costs resulting from section 5 shall be added to this.
(2) The following payment methods are available: Bank transfer, Sepa direct debit, Paypal, advance payment and cash payment. New customers can only pay by advance payment, Paypal or cash payment.
(3) Invoices with the payment method bank transfer or Sepa direct debit are payable net within 30 days. The payment methods Paypal, prepayment and cash payment are payable immediately strictly net.
(4) Abroad (only EU member states): For EU corporate customers with a VAT registration number, we automatically deduct the applicable VAT from the invoice, provided they send us their VAT registration number. Deliveries abroad shall only be made against advance payment, Paypal or cash payment.
(5) The customer shall only be entitled to a right of retention and a right of set-off insofar as his counterclaims are undisputed or have been legally established.
(6) In the event of late payment, we shall charge interest on arrears in the amount of 9 percentage points above the base interest rate, whereby we reserve the right to claim higher damages for late payment.
4 Deliveries
(1) Our deliveries are ex works Straelen / NRW. Delivery periods and delivery dates refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport. We will choose the most suitable mode of shipment.
(2) If the customer refuses to accept the goods without justification or if the goods cannot be delivered for other reasons for which the customer is responsible, we shall be entitled to demand 10% of the sales price for the expenses incurred in processing the order. Further claims for damages remain unaffected by this. The customer shall be entitled to prove that we have incurred no or only minor damage.
5 Place of performance, dispatch, transfer of risk
(1) The place of performance for all obligations arising from the contractual relationship is Straelen, unless otherwise specified.
(2) The customer shall bear the shipping costs.
(3) Within Germany, the shipping costs for parcels weighing up to 30 kg amount to 6.95 euros net. For deliveries to the German islands, an island surcharge of 15.00 euros net is added for each parcel. The maximum package weight for deliveries to the German islands is 30 kg. For a net goods value of 250 euros or more, no shipping costs are incurred in Germany.
(4) For deliveries abroad, we charge freight costs, which may be requested separately by the customer. We only ship to countries in the European Union and the European Economic Area. For deliveries to Austria, Belgium, the Netherlands and Luxembourg, no shipping costs are incurred for a net goods value of 500 euros or more.
(5) The risk of accidental destruction, accidental damage or accidental loss shall pass to the customer at the latest when the delivery item is handed over to the forwarding agent, carrier or other third party designated to carry out the shipment.
(6) We shall only insure the consignment against theft, breakage, transport, fire and water damage or other insurable risks at the express request of the customer and at the customer’s expense. We will pass on any existing insurance cover to the customer in order to compensate for any damage incurred.
6. return of goods
(1) All returns are to be sent free domicile, properly packed, whereby the transport risk remains with the customer until the goods have reached our area of control.
(2) If the customer returns goods, we are free to accept the (partial) cancellation of the purchase contract. In this case, we will retain 10% of the purchase price, but at least 10 euros.
(3) The customer’s rights in respect of defects shall remain unaffected by this clause 6.
7 Warranty, material defects
(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance. This period shall not apply to claims for damages by the customer arising from injury to life, limb or health or from intentional or grossly negligent breaches of duty by us or our vicarious agents, which shall each be time-barred in accordance with the statutory provisions. This period shall also not apply to the claims referred to in paragraph 4.
(2) The delivered items shall be inspected carefully immediately after delivery to the customer or to the third party designated by the customer. They shall be deemed to have been approved by the customer with regard to obvious defects or other defects which would have been recognisable in the course of an immediate, careful inspection if we do not receive a written notice of defect within two weeks of delivery. With regard to other defects, the delivery items shall be deemed to have been approved by the customer if the notice of defect is not received by us within two weeks after the point in time at which the defect became apparent; however, if the defect was already apparent to the customer at an earlier point in time during normal use, this earlier point in time shall be decisive for the commencement of the period for giving notice of defect. At our request, a delivery item which is the subject of a complaint shall be returned to us carriage paid. In the event of a justified complaint, we shall reimburse the costs of the most favourable shipping route; this shall not apply if the costs increase because the delivery item is located at a place other than the place of intended use.
(3) In the event of material defects in the delivered items, we are obliged and entitled, at our discretion to be made within a reasonable period of time, first to rectify the defect or to make a replacement delivery. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, the customer may withdraw from the contract or reasonably reduce the purchase price.
(4) Claims of the customer according to § 439 para. 2 and 3 BGB as well as § 635 para. 2 BGB remain unaffected. Claims of the customer pursuant to §§ 445a, 445b BGB shall only exist if we are at fault. The rights of the customer according to § 478 BGB remain unaffected. The rights referred to in this paragraph shall not exist insofar as the delivered items are deemed to have been approved in accordance with paragraph 2.
(5) If a defect is due to our fault, the customer may claim damages under the conditions set out in clause 8.
(6) Any delivery of used items agreed with the customer in individual cases shall be made to the exclusion of any warranty for material defects.
8 Liability for damages due to fault
(1) Our liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contractual negotiations and tort, shall be limited in accordance with this clause 8, insofar as fault is involved in each case.
(2) We shall not be liable in the event of simple negligence on the part of our executive bodies, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. Material contractual obligations are the obligation to deliver and install the delivery item in good time, to ensure that it is free from defects of title and material defects which impair its functionality or usability to a more than insignificant extent, as well as advisory, protective and custodial obligations which are intended to enable the customer to use the delivery item in accordance with the contract or which are intended to protect the life and limb of the customer’s personnel or to protect the customer’s property from significant damage.
(3) Insofar as we are liable for damages on the merits in accordance with section 8, this liability shall be limited to damages which we foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which we should have foreseen by exercising due care. Indirect damages and consequential damages which are the result of defects in the delivery item are also only eligible for compensation insofar as such damages are typically to be expected when using the delivery item as intended.
(4) The above exclusions and limitations of liability shall apply to the same extent in favour of our executive bodies, legal representatives, employees and other vicarious agents. Insofar as we provide technical information or act in an advisory capacity and this information or advice is not part of the contractually agreed scope of performance owed by us, this shall be done free of charge and to the exclusion of any liability.
(5) The limitations of this clause 8 shall not apply to our liability for intentional conduct, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
9 Retention of title
The goods remain our property until full payment has been made. Treatment and processing shall be carried out for us; we shall acquire ownership in accordance with § 950 BGB (German Civil Code).
10. final provisions
(1) The place of jurisdiction for all possible disputes arising from this business relationship shall be Straelen or the customer’s registered office, at our discretion. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
(2) The legal relationship between us and the customer shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.
(3) Amendments or supplements to these terms and conditions of business must be made in text form. This also applies to the text form requirement.
