Terms and Conditions

I. Offer and conclusion of contract
The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or by dispatching the ordered goods within this period.



II. Documents provided
We reserve the right of ownership and copyright to all documents provided to the customer in connection with the order placement - including in electronic form - such as calculations, drawings, etc. These documents may not be made accessible to third parties. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in Section I, these documents must be returned to us immediately.



III. Prices and payment
- Our prices include VAT and packaging costs. Delivery and shipping costs are not included in our prices.
- Payment of the purchase price must be made exclusively to the known account. The deduction of a cash discount is only permitted with a special written agreement.

Unless otherwise agreed, the purchase price must be paid by the date stated on the invoice. Interest on arrears shall be charged at a rate of 5% above the respective base interest rate p.a. (see Appendix 1). We reserve the right to claim higher damages for default. In the event that we assert a higher damage caused by default, the customer shall have the option of proving to us that the asserted damage caused by default was not incurred at all or at least in a significantly lower amount.



IV. Offsetting and rights of retention
The customer shall only be entitled to set-off if his claims have been recognised by declaratory judgement or are undisputed. The customer is also entitled to offset against our claims if he asserts complaints or counterclaims arising from the same purchase contract. The customer is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.



V. Delivery time
Insofar as no expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.

The commencement of the delivery period stated by us presupposes the timely and proper fulfilment of the customer's obligations. The defence of non-performance of the contract remains reserved.

If the customer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For its part, the customer reserves the right to prove that no damage at all or at least significantly less damage has been incurred in the amount claimed. The risk of accidental loss or accidental deterioration of the object of purchase shall pass to the purchaser at the point in time at which the purchaser is in default of acceptance or debtor's delay.

Further statutory claims and rights of the purchaser due to a delay in delivery remain unaffected.


VI. Retention of title
We reserve title to the delivered item until all claims arising from the delivery contract have been paid in full.

The customer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure it adequately at his own expense against theft, fire and water damage at replacement value (note: only permissible for the sale of high-value goods). If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must inform us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the loss incurred by us.

The treatment and processing or remodelling of the purchased item by the customer shall always be carried out in our name and on our behalf. In this case, the expectant right of the purchaser to the object of sale shall continue in the remodelled object. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis and shall keep the resulting sole ownership or co-ownership for us. To secure our claims against the customer, the customer shall also assign to us such claims which accrue to him against a third party through the combination of the reserved goods with a property; we hereby accept this assignment.


VII. Warranty and notification of defects
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.

If the delivered item does not have the quality agreed between the customer and us, or if it is not suitable for the use assumed under our contract or for the use in general, or if it does not have the properties that the customer could expect according to our public statements, we shall be obliged to provide subsequent fulfilment. This shall not apply if we are entitled to refuse subsequent fulfilment on the basis of statutory regulations.

The customer shall initially have the choice of whether subsequent fulfilment is to be effected by repair or replacement delivery. However, we are entitled to refuse the type of subsequent fulfilment chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent fulfilment does not cause significant disadvantages for the customer. During subsequent fulfilment, the reduction of the purchase price or withdrawal from the contract by the customer are excluded. Subsequent fulfilment shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If the subsequent fulfilment has failed or if we have refused the subsequent fulfilment altogether, the customer may, at his discretion, demand a reduction of the purchase price (abatement) or declare his withdrawal from the contract.

The customer may only assert claims for damages under the following conditions due to the defect if subsequent fulfilment has failed or we have refused subsequent fulfilment. The right of the customer to assert further claims for damages under the following conditions remains unaffected. Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damage to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a guarantee of quality and/or durability with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage that is based on the absence of the guaranteed quality or durability but does not occur directly on the goods if the risk of such damage is clearly covered by the guarantee of quality and durability.

We shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, the fulfilment of which is of particular importance for achieving the purpose of the contract. However, we shall only be liable insofar as the damage is typically associated with the contract and is foreseeable. Otherwise, we shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for legal representatives, executive employees and other vicarious agents is concerned.

Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

The warranty period is 2 years, calculated from the transfer of risk. This period shall also apply to claims for compensation for consequential damage caused by a defect, provided that no claims in tort are asserted.


VIII Miscellaneous
This contract and the entire legal relationship between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.

Appendix 1:
Notes


Transparency requirement
This requirement means that, in case of doubt, a clause in general terms and conditions is also unreasonably disadvantageous if it is not clear and comprehensible. This requirement means that non-transparent clauses per se are to be regarded as invalid without any additional unreasonable disadvantage to the contractual partner. 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
The warranty period for purchase contracts and contracts for work and labour is two years.

For non-obvious defects, the notification period may not be set shorter than two years in the GTC. The period shall commence at the beginning of the statutory limitation period.

Reimbursement of expenses for subsequent fulfilment
In accordance with Section 439 (2) BGB, the seller must bear the expenses necessary for the purpose of subsequent performance (e.g. transport, travel, labour and material costs, including any dismantling and installation costs). This obligation may not be excluded by general terms and conditions.

Limitation to subsequent fulfilment
In the case of a defective item, the buyer may, at his discretion, demand the rectification of the defect or the delivery of a defect-free item as subsequent fulfilment. Only if subsequent fulfilment is unsuccessful, impossible or unreasonable can the buyer - in the second instance - assert warranty rights: Rescission or reduction.  Restrictions solely on subsequent fulfilment are ineffective if the other party to the contract is denied the right to a reduction in price if subsequent fulfilment fails.

Liability for defects - seller must bear removal and installation costs
The new law on subsequent fulfilment pursuant to Section 439 (3) sentence 1 of the German Civil Code (BGB) stipulates that, as part of subsequent fulfilment, the seller is obliged to reimburse the buyer for the necessary expenses for the removal and installation or attachment of the defect-free item if the buyer has installed the defective item in another item or attached it to another item in accordance with its type and intended use. According to Section 445a BGB, the seller can also take recourse against his supplier. However, the seller is only liable if the buyer acted in good faith. The buyer's rights are therefore excluded if the buyer was aware of the defect at the time of installation or was unaware of it due to gross negligence.

Limitations of liability
Any exclusion or limitation of liability for damages resulting from injury to life, body 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 ineffective.

Amount of default interest
From the beginning of the delay, the buyer shall owe the seller interest on arrears in addition to the purchase price. If a consumer is involved in the purchase contract, whether as buyer or seller, the interest rate is 5% above the base rate. For purchase contracts between entrepreneurs, the interest rate is 8% above the base rate.

The current base interest rates can be found at https://www.bundesbank.de/de/bundesbank/organisation/agb-und-regelungen/basiszinssatz-607820.