This English version is a translation provided for convenience. In case of any discrepancy, the German version shall prevail.
General Terms and Conditions
Sales and Delivery Terms
1. General
1.1 These sales and delivery terms apply to all contracts, deliveries and other services, unless amended or excluded with our express written consent. The buyer's purchasing terms are expressly rejected. They shall not be recognized even if we do not expressly object to them again upon receipt. Our terms shall be deemed accepted at the latest upon acceptance of our delivery or service.
2. Payment Terms
2.1 Payment of the purchase price shall be made immediately after conclusion of the contract without any deduction.
2.2 We accept payments exclusively by advance payment, unless otherwise expressly agreed.
2.3 Pursuant to § 288 Abs. 5 BGB, in the event of default in payment by the debtor – provided they are not a consumer – we are entitled to payment of a flat fee in the amount of €40.00. This shall be offset against any damages owed, insofar as the damage consists of the costs of legal pursuit.
3. Shipping, passing of risk
3.1 Upon handover of the goods to the carrier or freight forwarder or other persons instructed to carry out shipment, risk passes to the buyer even in the case of carriage-free delivery. This applies only insofar as the buyer is not a consumer within the meaning of § 13 BGB. If the buyer is a consumer within the meaning of § 13 BGB, risk does not pass until the buyer has taken possession of the delivered goods.
3.2 In the absence of a special agreement, we determine the transport route and the means of transport without responsibility for the cheapest or fastest route.
4. Retention of title
All delivered goods remain our property until all claims, regardless of the legal basis, have been satisfied, including future or conditional claims, also from contracts concluded simultaneously 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 will inform you separately about the right of withdrawal and the consequences of withdrawal before conclusion of the contract, in the form prescribed for this purpose.
6. Limitation period
Claims of the buyer due to defects in the goods lapse one year after handover/delivery of the goods to them. Excepted from this are defect claims by consumers within the meaning of § 13 BGB, as well as claims for damages due to injury to life, body, or health, and/or claims for damages based on damage caused by us or our vicarious agents through gross negligence or intent. The statutory limitation periods apply in this respect.
7. Liability
7.1 For damage that did not occur to the delivered item itself, we are liable - regardless of the legal grounds – only
a) in the case of intent,
b) in the case of gross negligence by our officers or executive employees,
c) in the case of culpable injury to life, body, or health,
d) in the case of defects that we fraudulently concealed or whose absence we guaranteed.
7.2 In the event of culpable breach of material contractual obligations, we are also liable for gross negligence of non-managerial employees and for slight negligence, in the latter case limited to the foreseeable damage typical for the type of contract. Unless otherwise agreed individually, material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the customer may rely.
7.3. Further claims are excluded.
8. Place of performance, jurisdiction, law
8.1 The place of jurisdiction for all disputes arising from the contract is 47051 Duisburg, provided the buyer is not a consumer. We may also sue the buyer at their general place of jurisdiction.
8.2 This contract and the legal relationships arising from it are 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 dispute settlement procedure before a consumer arbitration board.
The competent body is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
11. Severability clause
If the buyer is not a consumer within the meaning of § 13 BGB, the following applies: Should individual provisions of the above be wholly or partially invalid, the remaining provisions shall remain valid. Invalid provisions shall be replaced by provisions that come closest to the economic purpose of the contract.