- 1 Offer and contract
The order signed/made by the customer is a binding offer. We can accept this offer within two days by sending an order confirmation. Our offers on the Internet represent a non-binding invitation to the customer to order goods.
- 2 Overmade documents
At all documents made available to the purchaser in connection with the placing of the order-including in electronic form-such as e.g. Calculations, drawings, etc., we reserve the right of ownership and copyright. These documents may not be made accessible to third parties, unless we give our express written consent to the purchaser. Insofar as we do not accept the offer of the purchaser within the time limit of § 1, these documents shall be returned to us immediately.
- 3 Prices and payment
- In our prices is (are) the sales tax (and packaging costs) included. Delivery and shipping costs are not included in our prices.
- Payment of the purchase price has to be made exclusively to the account mentioned on the back of the page. The deduction of discount is only allowed with a written special agreement.
- Unless otherwise agreed, the purchase price shall be paid directly for default interest in the amount of 5% above the respective base interest rate p. a. calculated. The assertion of a higher default damage is reserved. In the event that we have a higher default damage, the customer has the possibility to prove to us that the claimed default damage is not at all or has been incurred in at least substantially lower altitude.
- 4 Intakes and retention rights
The customer shall have the right to offset only if his claims are legally established or are undisputed. In order to offset the claims against our claims, the customer shall also be entitled to claim defects or counterclaims arising from the same purchase contract. In order to exercise a right of retention, the Purchaser shall be entitled only to the extent that his counterclaim is based on the same contractual relationship.
- 5 Delivery time
- Insofar as no explicitly binding delivery date has been agreed, our delivery date and/or Delivery deadlines only non-binding information.
- The beginning of the delivery time indicated by us requires the timely and proper performance of the obligations of the purchaser. The objection of the unfulfilled contract is reserved.
- 2 weeks after exceeding a non-binding delivery date/delivery period, the customer may request us to deliver us in text form within a reasonable period of time. Should we fail to comply with an explicit delivery date/time of delivery culpably, or if we are in default for other reasons, the customer must set us a reasonable grace period for the performance of the service. If we allow the grace period to pass through fruitless, 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 of participation, we shall be entitled to demand compensation for the damage resulting from this, including any additional expenses. Any further claims shall be reserved. The customer shall, for its part, reserve the right to prove that damage in the required height has not been or at least substantially lower. The risk of accidental loss or accidental deterioration of the purchased goods shall pass to the customer at the time when he or she is in default of acceptance or debtor.
- Further legal claims and rights of the ordering party due to a delay in delivery remain unaffected.
- 6 Retention of title
- We reserve the right of ownership of the delivered goods until full payment of all claims arising from the delivery contract.
- The customer is obliged, as long as the property has not yet been transferred to him, to treat the purchased matter pfleglich. In particular, it is obligated to insure it sufficiently for the new value at its own expense against theft, fire and water damage (note: only permissible with the sale of high-quality goods). If maintenance and inspection work has to be carried out, the customer must execute these at his own expense in good time. As long as the property has not yet been transferred, the customer shall immediately notify us in text form if the delivered object is paved or otherwise exposed to other interventions by third parties. To the extent that the third party is not in a position to reimburse us for the judicial and extrajudicial costs of a lawsuit pursuant to § 771 ZPO, the purchaser shall be liable for the loss incurred to us.
- The processing or transformation of the purchased goods by the customer always takes place on behalf of and on behalf of us. In this case, the purchaser's right to be entitled to the purchase shall continue to be the subject of the purchased item. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the objective value of our purchase order to the other processed objects at the time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that the order of the customer is to be regarded as the main thing, it is considered agreed that the customer shall transfer the co-ownership to us in part and the resulting sole property or co-ownership shall be held for us. In order to safeguard our claims against the customer, the customer also assigns to us such claims, which are due to the connection of the reserved goods with a property against a third party; we accept this assignment already now.
- We undertake to release the securities to which we are responsible at the request of the customer, insofar as their value exceeds the claims to be secured by more than 20%.
- 7 Warranty and defects
- Insofar as the information contained in our prospectuses, advertisements and other offer documents has not been expressly referred to by us as binding, the illustrations or drawings contained therein are only approximate,
- Insofar as the delivered object does not have the nature agreed between the customer and us or if it is not suitable for the prerequisite or the use in accordance with our contract, or if it does not have the properties that the customer could expect according to our public statements, we are obligated for subsequent performance. This shall not apply if we are entitled to refuse supplementary performance due to the statutory provisions.
- The customer first has the choice of whether the subsequent performance should be done by rectification or replacement delivery. We are, however, entitled to refuse the type of supplementary performance chosen by the purchaser if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the purchaser. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer is excluded. A rectification shall be deemed to have failed with the unsuccessful second attempt, unless otherwise provided in particular by the nature of the object or the defect or the other circumstances. If the subsequent performance has failed or if we have refused subsequent performance as a whole, the customer can demand reduction of the purchase price (reduction) or declare the cancellation of the contract after his election.
- Claims for damages under the following conditions due to the defect can only be asserted by the customer if the subsequent performance has failed or we have refused subsequent performance. The right of the ordering party to assert further claims for damages under the following conditions shall remain unaffected.
- We shall be liable without prejudice to the above rules and the followingLimitations of liability fully for damages to life, body and health based on a negligent or intentional breach of duty of our legal representatives or our vicarious agents, as well as for damages, which shall be covered by the liability according to the Product Liability Act, as well as for all damages based on intentional or grossly negligent breach of contract, as well as Arglist, our legal representatives or our vicarious agents. Insofar as we have provided a guarantee of quality and/or durability with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damages which are based on the absence of the guaranteed quality or durability, but not directly on the goods, if the risk of such damage can be seen from the guarantee of the quality and the durability. We shall also be liable for damage caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the contract purpose (cardinal obligations).
- Any further liability is excluded without regard to the legal nature of the claim made. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, employees, employees, representatives and vicarious agents.
- The warranty period is 2 years, calculated from the point of transfer of risk (note: possible a reduction to one year in terms of terms and conditions for used items. In the case of construction materials-if installed-the warranty period is 5 years, if the building materials are used, a reduction in terms and conditions is possible for 1 year). This period shall also apply to claims for compensation of consequential damages, in so far as no claims are asserted from an unauthorised act.
- 8 Other
- This contract and the entire legal relations of the parties are subject to the law of the Federal Republic of Germany under exclusion of the UN Sales Law (CISG).
- Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions shall remain unaffected thereby.
This requirement means that a clause in terms and conditions in terms of general terms and conditions will in doubt be unreasonably disadvantaged even if it is not clear and comprehensible. This requirement means that non-transparent clauses per se are to be regarded as ineffective, without the contracting party's inequitable disadvantage being disregarded in terms of content. Furthermore, this also means that the transparency requirement also applies to price rules and performance-descriptive clauses, which are in principle excluded from content control.
(1) In theCase of aMangelsthe customer has the choice of whether the subsequent performance byRectificationor replacement delivery. However, we shall be entitled to refuse the type of supplementary performance selected by the customer if it is only with disproportionateCostis possible and the other type of supplementary performance remains without significant disadvantages for the customer.
(2) Isthe subsequent performance has failed or we have refused the subsequent performance as a whole, theCustomerafter itsElection reductionof thePurchase price (reduction)require orResignationfromContractExplain.Any claims for damages by the customerremain unaffected by this.
(3) Isthe customerEntrepreneurs in the sense§ 14BGBapplies to theWarranty claimsof theCustomersas a unifiedrt:
Obvious defectsmust be compared withVendorimmediately, at the latest within 14Calendar days after delivery of the goodsis displayed in writingn; veCoveredDefectsshall also be without delay, at the latest within 14Calendar daysaccording to theNoticein writing.If the defect is displayednot timely, theWarranty rights of the customerin relation to the nicReTime displayedLackexcluded.Theshall not, however, apply to:Vendor the defectis concealed and/or a correspondingWarrantyhas taken over.Warranty claims-except in the case ofCase of claims for damages-within aYearafterDeliverythePurchaseto theEntrepreneurs.
For non-obvious defects, the deadline for defects must not be less than two years (in the case of used goods: one year) in the General Terms and Conditions. The beginning of the statutory period is the statutory limitation period.
Expense compensation in the case of subsequent performance
In accordance with Section 439 (2) of the German Civil Code (BGB), the Seller has the expenses required for the subsequent performance (e.g. Transport, travel, labour and material costs). This obligation may not be excluded by the GTC.
Limitation to supplementary performance
The purchaser may, in the event of a defective item, demand the elimination of the defect or the delivery of a defect free-of-charge as a supplementary performance after his election. Only if the subsequent performance does not succeed, is not possible or is not reasonable, the buyer can assert-in the second line-warranty rights: resignation or reduction. Restrictions solely on the subsequent performance shall be ineffective if the other part of the contract is to be recognized as the right of reduction in the event of failure of subsequent performance.
Limitations of liability
Any exclusion or limitation of liability for damages arising from injury to life, body or health, which are 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 rates
From the beginning of the delay, the buyer owes the seller to the purchase price in addition to the purchase price. If a consumer is involved in the purchase contract, whether as a buyer or as a seller, the interest rate is 5% above the base interest rate. In the case of purchase contracts between entrepreneurs, the interest rate is 8% above the base interest rate.