General terms and conditions
for consumer contracts
§ 1 Validity
- Our deliveries, performed services and offers are exclusively based on these general terms and conditions. They form an integral part of all contracts concluded with our customers (hereinafter referred to as the “buyer”) covering goods offered by ourselves.
- Our sales staff are not authorised to enter into verbal agreements with the customer that differ from the order form or the general sales terms and conditions.
§ 2 Offer and Contract Conclusion
- The products and prices offered in brochures, advertisements and other promotional material are subject to confirmation and non-binding.
- The order signed by the customer constitutes a binding offer.
- We reserve the right to accept the offer within a period of 4 weeks by sending an appropriate order confirmation. Alternatively, the goods may be sent to the customer during this period.
- The conclusion of the contract depends on the correct and timely delivery of goods to us from our supplier. This only applies in cases where we are not responsible for non-delivery. The customer shall be immediately informed about the non-availability of any services. The appropriate payment shall be refunded immediately.
§ 3 Prices and Payment
- All prices include statutory value added tax.
- Unless agreed otherwise in writing, our prices are for collection from our warehouse. The packaging is included.
- Payments will only be accepted on our business premises or by bank transfer to an account specified by ourselves. Technical staff, drivers and field service personnel are not authorised to collect payments.
- Cheques are only accepted on account of performance.
- The buyer can only issue counterclaims against our claims, if these counterclaims are undisputed and deemed to be legally valid. The buyer is entitled to retention on the basis of counterclaims arising from the same contractual relationship.
§ 4 Delivery and Lead Times
- Unless a lead time or deadline has been agreed in writing, our deliveries and performed services will be provided as quickly as possible and within a period not exceeding approx. four weeks.
- If we are not able to meet the agreed delivery deadline, the buyer is obliged to grant an appropriate period of grace, which may not be less than two weeks.
§ 5 Dispatch
- The goods are available from our warehouse. Goods will only be dispatched if this has been specifically agreed in writing.
- Shipping costs shall be borne by the buyer. These include a transport insurance arranged by ourselves.
§ 6 Guarantee
- If the goods are found to be defective, the buyer is entitled to his legal rights.
- If the buyer claims for damages, however, the special provisions in § 7 shall apply.
§ 7 Liability for compensation
- Claims for damages by the buyer concerning apparent defects on the delivered goods are excluded if the defects are not notified within 7 days of delivery of the goods.
- Our liability for compensation, regardless of the legal basis (in particular for delay, defects or other breaches of obligation), is restricted to typical contractual and foreseeable damages.
- The above limitation of liability does not apply to claims concerning cases of intent or gross negligence, or where there is liability in terms of guaranteed product characteristics or a loss of life, injury or damage to health as specified in the Product Liability Act.
§ 8 Retention of Title
- We shall retain title of the delivered goods until such time as full payment of the purchase price for these goods has been received. As long as the title is retained, the buyer shall not resell the goods (hereinafter: reserved goods) or make use of the title.
- In the event of access to the reserved goods by third parties - in particular bailiffs – the buyer shall immediately make reference to our ownership of the goods and inform us immediately so that we can exercise our ownership rights.
- In the case of buyer behaviour which breaches the terms of the contract, especially in the case of late payment, we have the right to reclaim the reserved goods providing we have withdrawn from the contract.
§ 9 Court of jurisdiction, applicable law
- If the buyer changes his abode or usual place of residence from the Federal Republic of Germany to a foreign country after the contract has been concluded, then our place of business shall be the place of jurisdiction. This also applies if the abode or usual place of residence of the buyer is unknown at the time when legal action is taken.
- The law of the Federal Republic of Germany applies and application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
