General terms and conditions
Sales and delivery conditions
1. general information
1.1 These terms and conditions of sale and delivery shall apply to all contracts, deliveries and other services unless they are amended or excluded with our express written consent. The buyer's terms and conditions of purchase are expressly rejected. They shall not be recognised even if we do not expressly object to them again after receipt by us. Our terms and conditions shall be deemed accepted at the latest upon receipt of our delivery or service.
2. payment conditions
2.1 Payment of the purchase price shall be made immediately after conclusion of the contract without any deduction..
2.2 We accept payment in advance only, unless otherwise expressly agreed.
2.3 Pursuant to § 288 para. 5 BGB (German Civil Code), in the event of default of payment by the debtor - insofar as the debtor is not a consumer - we shall be entitled to payment of a lump sum in the amount of € 40. This is to be offset against any damages owed, insofar as the damage is based on the costs of legal action.
3. Shipping, transfer of risk
3.1 With the handover of the goods to the forwarding agent or carrier or other persons commissioned with the shipment, the risk shall pass to the Buyer even in the case of carriage paid delivery. This shall only apply if the Buyer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB). If he is a consumer within the meaning of § 13 BGB, the risk shall only pass when he has come into possession of the delivered goods.
3.2 In the absence of a special agreement, we shall determine the transport route and the means of transport without responsibility for the cheapest or fastest route.
4. retention of title
All goods delivered shall remain our property until all claims have been fulfilled, irrespective of the legal grounds, including claims arising in the future or conditional claims, also from contracts concluded at the same time or later, the latter, however, only insofar as the customer is not a consumer within the meaning of § 13 BGB.
5. Right of withdrawal and consequences of withdrawal
We shall provide separate instructions on the right of revocation and the consequences of revocation in the form prescribed for this purpose prior to conclusion of the contract.
6. limitation period
Claims of the buyer due to material defects shall become time-barred one year after handover/delivery of the goods to the buyer. Excluded from this are claims for defects by consumers within the meaning of § 13 BGB (German Civil Code) as well as claims for damages due to injury to life, limb or health and/or claims for damages due to damage caused by gross negligence or intent by us or our vicarious agents. In this respect, the statutory limitation periods shall apply.
7.1 For damages that have not occurred to the delivery item itself, we shall be liable - for whatever legal reasons - only
a) in the case of intent,
b) in the event of gross negligence on the part of our executive bodies or senior employees,
c) in the event of culpable injury to life, body, health,
d) in the case of defects which we have fraudulently concealed or the absence of which we have guaranteed.
7.2 In the event of culpable breach of material contractual obligations, we shall also be liable in the event of gross negligence on the part of non-executive employees and in the event of slight negligence, in the latter case limited to the reasonably foreseeable damage typical for the contract. Material contractual obligations are - unless otherwise agreed in individual contracts - those whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may rely.
7.3 Further claims are excluded.
8. Place of performance, place of jurisdiction, law
8.1 The place of jurisdiction for all disputes arising from the contract is 47051 Duisburg, insofar as the buyer is not a consumer. We may also sue the buyer at his general place of jurisdiction.
8.2 This contract and the legal relationships arising from it shall be governed exclusively by German law.
10. European Commission on Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, is the competent body., www.verbraucher-schlichter.de.
11. Salvatorian clause
If the Buyer is not a consumer within the meaning of § 13 BGB, the following shall apply: Should any of the above provisions be invalid in whole or in part, the remaining provisions shall remain valid. Invalid provisions shall be replaced by provisions that come as close as possible to the economic purpose of the contract.