General Conditions of Sale
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 send the ordered goods within this period.
We reserve the right of ownership and copyright to all documents provided to the customer in connection with the placing of the order - including in electronic form - such as calculations, drawings, etc. 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 of § 1, these documents must be returned to us immediately.
Prices and payment
- Our prices include sales tax (and packaging costs). Delivery and shipping costs are (not) included in our prices.
- Payment of the purchase price has to be made exclusively to the account named overleaf.
- Unless otherwise agreed, the purchase price is to be paid within 10 days of delivery (alternatives: "... the purchase price is payable within 21 days of invoicing" or "... is the purchase price by - specific Date - Payable "). Interest on arrears will be charged at a rate of 5% above the respective base rate p. a. (see Appendix 1). The assertion of a higher damage caused by default remains reserved. In the event that we assert higher damage caused by delay, the customer has the opportunity to prove to us that the asserted damage caused by delay did not occur at all or at least in a significantly lower amount.
The customer only has the right to offset if his claims have been legally established or are undisputed. The customer is also entitled to offset against our claims if he asserts complaints or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.Delivery time
- Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.
- The beginning of the delivery time specified by us assumes the timely and proper fulfillment of the purchaser's obligations. We reserve the right to object that the contract has not been fulfilled.
- The customer can request us in writing to deliver within a reasonable period of time X weeks after a non-binding delivery date / delivery period has been exceeded. If we culpably fail to meet an express delivery date / delivery period or if we are in default for any other reason, the customer must set us a reasonable grace period to effect the service. If we let the grace period elapse without success, the customer is entitled to withdraw from the purchase contract.
- If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur as a result, including any additional expenses. We reserve the right to make further claims. For its part, the customer reserves the right to prove that no damage occurred at all or at least significantly less in the amount requested.The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or default of payment
- Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
- We reserve title to the delivered item until all claims from the delivery contract have been paid in full.
- As long as ownership has not yet passed to him, the purchaser is obliged to treat the purchased item with care. In particular, he is obliged to insure them adequately at replacement value at his own expense against theft, fire and water damage (note: only permitted when selling high-quality 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 passed, 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 unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the German Code of Civil Procedure, the customer is liable for the loss we incur.
- The processing or transformation of the purchased item by the customer is always done in our name and on our behalf. In this case, the purchaser's entitlement to the purchased item continues with the remodeled item. If the purchased item is processed with other items that do not belong to us, we 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 applies in the event of mixing. If the mixing takes place in such a way that the purchaser's item is to be regarded as the main item, it is agreed that the purchaser shall transfer proportional co-ownership to us and keep the resulting sole ownership or co-ownership for us. To secure our claims against the purchaser, the purchaser also assigns to us such claims that arise against a third party through the connection of the reserved goods with a property; we already accept this assignment.
- We undertake to release the securities to which we are entitled at the request of the customer, insofar as their value exceeds the claims to be secured by more than 20%.
- Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated as binding by us, the images or drawings contained therein are only approximate,
- Insofar as the delivered item does not have the quality agreed between the customer and us, or if it is not suitable for the use required under our contract or for general use, or if it does not have the properties that the customer could expect according to our public statements, so we are obliged to provide supplementary performance. this does not apply if we are entitled to refuse supplementary performance due to legal regulations.
- The customer first has the choice of whether the supplementary performance is to be carried out through repair or replacement. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible at disproportionate costs and the other type of supplementary performance does not result in significant disadvantages for the customer.During the supplementary performance, a reduction in the purchase price or the withdrawal from the contract by the customer are excluded.Repairing work is deemed to have failed with the unsuccessful second attempt, unless something else arises from the nature of the item or the defect or other circumstances. If the supplementary performance has failed or if we have refused supplementary performance altogether, the customer can, at his option, request a reduction in the purchase price (reduction) or withdraw from the contract.
The customer can only assert claims for damages under the following conditions due to the defect if the supplementary performance has failed or we have refused the supplementary performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
- Without prejudice to the above regulations and the following limitations of liability, we are fully liable for damage to life, body and health that are based on a negligent or willful breach of duty by our legal representatives or our vicarious agents, as well as for damage that is covered by liability under the Product Liability Act , as well as for all damages based on intentional or grossly negligent breaches of contract as well as malice, our legal representatives or our vicarious agents. Insofar as we have given a quality and / or durability guarantee with regard to the goods or parts thereof, we are also liable under this guarantee. For damage that is based on the lack of the guaranteed quality or durability, but does not occur directly on the goods, we are only liable if the risk of such damage is clearly covered by the quality and durability guarantee.
- We are also liable for damage caused by simple negligence, insofar as this negligence relates to the breach of contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable insofar as the damage is typically associated with the contract and is foreseeable. Otherwise, we are not liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 also apply insofar as the liability for legal representatives, executives and other vicarious agents is affected.
- Any further liability is excluded regardless of the legal nature of the asserted claim. As far as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.
- The warranty period is 2 years, calculated from the transfer of risk (Note: a reduction to one year in terms and conditions is possible for used items. For building materials - if installed - the warranty period is 5 years, if the building materials are used there is a reduction in terms and conditions possible for 1 year). This period also applies to claims for compensation for consequential damage caused by a defect, provided that no claims are asserted from tortious acts.
- This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
- Should individual provisions of this contract be or become ineffective or contain a loophole, this shall not affect the remaining provisions.
Appendix 1 :
This requirement means that in case of doubt a clause in the general terms and conditions is unreasonably disadvantageous even if it is not clear and understandable.This requirement means that non-transparent clauses per se are to be regarded as ineffective without incurring an unreasonable disadvantage for the contractual partner are. Furthermore, this also means that the transparency requirement also applies to price provisions and performance-describing clauses, which are generally excluded from the content control.
The warranty period for sales and work contracts is 2 years. Obligation to notify defects
For defects that are not obvious, the notice period for defects must not be shorter than two years (for used goods: one year) in the terms and conditions. The start of the period is the statutory start of the limitation period.
Reimbursement of expenses for supplementary performance
Pursuant to Section 439 (2) of the German Civil Code (BGB), the seller must bear the expenses required for the purpose of supplementary performance (e.g. transport, travel, labor and material costs). This obligation must not be excluded by the terms and conditions.
Restriction to supplementary performance
In the case of a defective item, the buyer can, at his discretion, request the removal of the defect or the delivery of a defect-free item as supplementary performance. Only if the supplementary performance is unsuccessful, not possible or unreasonable, the buyer can - in the second place - assert warranty rights: withdrawal or reduction. Restrictions on supplementary performance alone are ineffective if the other party to the contract fails the right of reduction is revoked after the subsequent performance.
Limitation of Liability
Any exclusion or limitation of liability for damage resulting from injury to life, limb or health 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 default, the buyer owes the seller default interest in addition to the purchase price. If a consumer is involved in the purchase contract, be it as a buyer or as a seller, the interest rate is 5% above the base rate. In sales contracts between entrepreneurs, the interest rate is 8% above the base rate.
The current base interest rates can be determined at https://www.bundesbank.de/Redaktion/DE/Standardartikel/Bundesbank/Zinssaetze/basiszinssatz.html ..