General
Terms and Conditions

1 GENERAL SCOPE OF APPLICATION

1) The terms and conditions apply to all current and future business relationships.

2) Consumers within the meaning of the Terms and Conditions are natural persons with whom business relations are entered into without a commercial or independent professional activity being attributable to them. Companies within the meaning of

of the Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom business relations are entered into and who are acting in the exercise of a commercial or independent professional activity.

Customers within the meaning of the terms and conditions are both consumers and entrepreneurs.

3) Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.

2 CONCLUSION OF CONTRACT

1) Our offers are subject to change. We reserve the right to make technical changes as well as changes in shape, color and/or weight within reasonable limits.

2) By ordering goods, the customer makes a binding declaration that he wishes to purchase the ordered goods. We are entitled to accept the contractual offer contained in the order within 2 weeks of receipt. The acceptance can either

in writing or by delivery of the goods to the customer.

3) If the consumer orders the goods electronically, we will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be sent with the

declaration of acceptance.

4) The conclusion of the contract is subject to correct and timely delivery to us by our suppliers. This shall only apply in the event that we are not responsible for the non-delivery, in particular in the event of the conclusion of a congruent contract.

covering transaction with our supplier. The customer shall be informed immediately of the non-availability of the service. The consideration will be refunded immediately.

3 RETENTION OF TITLE

1) In the case of contracts with consumers, we reserve title to the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, we reserve title to the goods until all claims arising from the contract have been settled in full.

of an ongoing business relationship.

2) The customer is obliged to treat the goods with care. If maintenance and inspection work is required, the customer must carry this out regularly at his own expense. The goods subject to retention of title shall be insured against fire, burglary, theft and

sufficiently insured against water damage. Insurance claims are hereby assigned to us in the amount of the value of the goods.

3) The customer is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure or any damage to or destruction of the goods. A change of ownership of the goods and the customer’s own change of residence must be

the customer must notify us immediately.

4) We are entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment or breach of an obligation under clause 3 of this provision.

5) The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount which accrue to him from the resale to a third party. We accept the

assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.

is in default of payment.

6) The handling and processing of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If processing is carried out with items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods.

goods delivered by us to the other processed objects. The same applies if the goods are mixed with other objects that do not belong to us.

4 REMUNERATION

1) The purchase price offered is binding. The purchase price includes the statutory sales tax. The customer can pay the purchase price by cash on delivery, invoice or credit card. Prices are ex warehouse excluding packaging, which is charged separately.

2) The customer undertakes to pay the purchase price within 30 days of receipt of the goods. After expiry of this period, the customer shall be in default of payment. During the period of default, the consumer shall be liable to pay interest at a rate of 5% above the prime rate.

to pay interest. During the period of default, the entrepreneur shall pay interest on the debt at 8% above the prime rate. We reserve the right to prove and assert a higher damage caused by default against the entrepreneur.

3) The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by us. The customer may only exercise a right of retention if his counterclaim is based on the same legal grounds.

contractual relationship.

5 TRANSFER OF RISK

1) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, the carrier or the person otherwise designated to carry out the shipment.

person or institution to the buyer.

2) If the buyer is in default of acceptance, this shall be deemed equivalent to handover.

6 WARRANTY

1) If the buyer is an entrepreneur, we shall initially provide warranty for defects in the goods at our discretion by repair or replacement.

2) If the buyer is a consumer, he shall initially have the choice of whether the fulfillment is to take place by rectification or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen if it can only be carried out at disproportionate cost.

is possible and the other type of subsequent performance is without significant disadvantages for the consumer.

3) If the subsequent performance fails, the customer may in principle demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal) at his discretion. In the event of only a minor breach of contract, in particular in the case of only

minor defects, the customer has no right of withdrawal.

4) Entrepreneurs must notify us in writing of obvious defects within a period of 2 weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. To meet the deadline, it is sufficient to

Dispatch. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

5) Consumers must notify us in writing of obvious defects within a period of one month after delivery of the goods. The receipt of the notification by us shall be decisive for compliance with the deadline. If the consumer fails to do so

If the seller fails to inform the customer, the warranty rights expire two months after the defect is discovered. This does not apply in the event of fraudulent intent on the part of the seller. The burden of proof for the time of discovery of the defect lies with the consumer.

6) If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he shall not be entitled to any additional claims for damages due to the defect.

7) If the customer chooses compensation for damages after subsequent performance has failed, the goods shall remain with the customer if this is reasonable. Compensation shall be limited to the difference between the purchase price and the value of the defective item. This applies

not if we have maliciously caused the breach of contract.

8) For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. For used goods, the limitation period is one year from delivery of the goods.

9) If the buyer is an entrepreneur, only the manufacturer’s product description shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not constitute a contractual quality.

The quality of the goods.

10) If the customer receives faulty assembly instructions, we shall only be obliged to supply faultless assembly instructions and only if the fault in the assembly instructions prevents proper assembly.

11) The customer shall not receive any guarantees from us in the legal sense. Manufacturer warranties remain unaffected by this.

7 LIMITATIONS OF LIABILITY

1) In the event of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives.

representatives or vicarious agents. We shall not be liable to entrepreneurs for slightly negligent breach of insignificant contractual obligations.

2) The above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability shall not apply in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer.

3) The customer’s claims for damages due to a defect shall become time-barred one year after delivery of the goods. This shall not apply if we can be accused of fraudulent intent.

8 FINAL PROVISIONS

1) The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same shall apply if the customer has no

general place of jurisdiction in Germany or the domicile or habitual residence is unknown at the time the action is brought.

3) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or

The partially ineffective provision shall be replaced by a provision whose economic success comes as close as possible to that of the ineffective provision.