GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY AND PAYMENT
§ 1 General
(1) Our terms and conditions of business, delivery and payment shall apply exclusively. All ancillary agreements to these conditions, even if they are accepted by representatives or employees, require our written confirmation in order to be valid.
The customer’s general terms and conditions of business shall only apply insofar as we have expressly agreed to them in writing.
(2) Any invalidity of individual terms and conditions shall not affect the validity of the remaining terms and conditions.
§ 2 Offer and conclusion of contract
(1) Our offers are subject to confirmation. Orders shall only be binding on us if we confirm them or comply with them by delivery of goods. Verbal subsidiary agreements shall only be binding if we confirm them in writing.
(2) With the order confirmation, the customer is obliged to accept the goods listed in the order confirmation.
(3) The order must always be placed in writing (also by fax). If the order is only placed verbally, transmission errors and any misunderstandings shall be borne by the customer. If a written order confirmation is available, the scope and content of the order shall be derived from it.
§ 3 Delivery and delivery periods
(1) The goods shall be delivered in the specified versions and packaging units. We reserve the right to make partial deliveries.
(2) As long as the customer is in arrears with an obligation, our obligation to deliver shall be suspended.
(3) In the event that an agreed delivery period is culpably exceeded, a delay in delivery shall only be deemed to have occurred after a reasonable grace period has been set, which shall commence upon receipt of the grace period by us. If we are in default of delivery for reasons for which we are responsible, the customer shall be entitled to demand compensation for default in the amount of 0.5% for each full week of default, but in no case more than a total of 5% of the invoice value of the deliveries and services affected by the default. A change in the burden of proof to our disadvantage is not associated with the above provision. Any further claims are excluded unless the delay is due to at least gross negligence.
§ 4 Force majeure
(1) In the event of force majeure, which shall include strikes, lock-outs or other events which we are unable to avert despite exercising reasonable care in the circumstances, whether occurring in our business or at a supplier, the contractual obligations of the parties shall be suspended for the duration and to the extent of the disruption.
(2) If the resulting delays exceed a period of six weeks, both contracting parties shall be entitled to withdraw from the contract with regard to the affected scope of performance. No other claims shall exist.
§ 5 Prices and terms of payment
(1) The prices (in EUR) stated in our sales documents (catalogues, order price lists, etc.) refer to the time of their respective publication. Advertising prices are only valid during the respective period indicated. We reserve the right to make price changes after publication of the sales documents. In the case of contracts already concluded, a change in the agreed price is excluded.
(2) Prices are ex works Germany excluding packaging.
(3) The statutory value added tax is not included in our prices. It will be shown separately in the invoice at the statutory rate on the day of invoicing.
(4) Unless otherwise stated in the order confirmation, our invoices are payable within 10 days without deduction. The time of performance is stated in the invoice. The customer shall be in default without a reminder.
(5) If the payment deadline is exceeded, we shall be entitled to charge default interest of at least 4% p.a. from the date of default. Both the customer and we reserve the right to prove lower or higher damages in individual cases.
(6) In the event of default in payment and justified doubts about the solvency or creditworthiness of the customer, we are entitled to demand securities or advance payments for outstanding deliveries, to make all claims from the business relationship due immediately and to take back goods delivered under reservation of title.
(7) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us.
§ 6 Data storage and data protection
To enable us to process the order, we collect and process the buyer’s personal data. The legal basis is Art. 6 Para. (1) b DSGVO. Of course, we do not pass this data on to third parties unless this is absolutely necessary for the execution of the contract.
In order to maintain the customer history and ensure the quality of service, this data is also stored beyond the purposes of the contract execution. The buyer can object to this storage at any time. We will then delete the data after expiry of the statutory retention obligations and will not contact the buyer for advertising purposes.
Our data protection officer will be happy to answer any questions regarding data processing. You can contact him by post at our business address with the addition “The data protection officer” or by email at firstname.lastname@example.org.
§ 7 Shipping and transport damage
(1) Shipment shall be at the risk of the customer. The risk shall pass to the customer upon dispatch from the warehouse. Insurance will only be provided upon express request. An insurance premium of 1% of the value of the goods will then be charged.
(2) If the customer detects damage to the packaging (transport damage), he must have the damage certified by the transport company upon acceptance of the goods. Transport damage that is only detected after the goods have been unpacked must be reported to us in writing and received by us within three days of receipt of the goods.
§ 8 Warranty and liability
(1) Complaints with regard to defects and quality of the delivered goods will only be considered if they are made in writing within eight days after receipt of the goods, in the case of hidden defects after their discovery, but no later than six months after receipt of the goods, enclosing supporting documents.
(2) The statutory warranty obligation shall be limited to rectification or replacement delivery at our discretion. If the repair/replacement delivery fails, the customer shall be entitled, at his discretion, to demand rescission of the contract or a corresponding reduction of the purchase price.
(3) Liability for consequential damages is excluded.
(4) The limitation period for claims and rights arising from defects shall be 1 year.
(5) Limitations and exclusions of liability do not apply in the case of intent or gross negligence.
§ 9 Returns
Goods may only be returned with our consent. The reason for return must be stated and the relevant copy of the invoice must be enclosed with the return delivery. Special orders are excluded from return. In the case of goods returned for credit, the outward freight will be deducted. All returns are to be dispatched free of charge for us. The return of items that have been altered or damaged by the buyer is excluded.
§ 10 Retention of title
(1) The goods sold shall remain our property until full payment of our claims arising from the business relationship with the buyer. The buyer may dispose of the purchased goods in the ordinary course of business. The buyer hereby assigns to us as security any claims against third parties arising from the resale of the goods. He is authorised to collect these for our account until revocation or cessation of his payments to us.
(2) In the event of access by third parties, in particular bailiffs, to the goods belonging to us, the buyer shall draw attention to our ownership and notify us immediately by registered letter or by fax.
(3) In the event of conduct by the buyer in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the goods belonging to us. The exercise of the retention of title does not imply withdrawal from the contract.
§ 11 Place of performance, place of jurisdiction, applicable law
(1) The place of performance for all obligations arising from the contractual relationship is Rheinstetten.
(2) In the event of any disputes arising from the contractual relationship, if the customer is a registered trader, a legal entity under public law or a special fund under public law, the action shall be brought before the court which has jurisdiction for our registered office. We are also entitled to take legal action at the headquarters of the customer.
(3) German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
§ 12 Copyrights
We reserve all property rights and copyrights to illustrations, in particular of our products, drawings, calculations and other documents. This applies in particular to such written documents which are designated as “confidential”. The customer or business partner must obtain our express written consent before using, utilising or passing them on.
§ 13 Severability clause
In the event that any provision of this contract is invalid or becomes invalid during the term of this contract, the validity and effectiveness of the remaining provisions shall not be affected thereby.