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Conditions

General conditions of sale

I. 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.

Please note the user information in appendix 1!

II. Documents provided

We reserve ownership and copyright to all documents – including in electronic form – provided to the customer in connection with the placing of the order, 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 purchaser's offer within the period specified in Section I, these documents must be returned to us immediately.

III. Prices and payment

1. Unless otherwise stated, our prices include sales tax (and packaging costs). Delivery and shipping costs are (not) included in our prices.

2. Payment of the purchase price must be made exclusively to the specified account. The deduction of a discount is only permitted if there is a special written agreement.

3. Unless otherwise agreed, the full amount (including shipping costs) must be paid in advance to the named account.

IV. Offsetting and retention rights

The customer only has the right to offset if his claims have been legally established or are undisputed. The customer is also entitled to set off against our claims if he asserts complaints about defects or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

V. Delivery time

1. Unless an expressly binding delivery date has been agreed, our delivery dates and delivery times are exclusively non-binding information.

2. The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.

3. The customer can request us in text form to deliver within a reasonable period of time 2 weeks after a non-binding delivery date/delivery period has been exceeded. If we culpably fail to comply with an express delivery date/delivery period or if we are in default for another reason, the purchaser must give us a reasonable grace period to provide the service. If we allow the grace period to elapse without result, the purchaser is entitled to withdraw from the purchase contract.

4. If the purchaser defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. The purchaser, for his part, reserves the right to prove that no damage occurred at all in the requested amount or that it was at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser defaults on acceptance or debtor.

5. Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.

VI. Retention of title

1. We reserve ownership of the delivered item until all claims arising from the delivery contract have been paid in full.

2. The purchaser is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to adequately insure them against theft, fire and water damage at their new value at his own expense (note: only permitted when selling high-quality goods). If maintenance and inspection work needs to be carried out, the purchaser must carry this out in a timely manner at his own expense. As long as ownership has not yet been transferred, the purchaser must notify us immediately in text form if the delivered item is seized or is subject to other third-party interference. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the purchaser is liable for the loss incurred by us.

3. The processing or transformation of the purchased item by the purchaser is always carried out on behalf of us and on behalf of us. In this case, the purchaser's expectant right to the purchased item continues with the converted 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 case of mixing. If the mixing occurs in such a way that the purchaser's item is to be viewed as the main item, it is agreed that the purchaser transfers proportional co-ownership to us and stores the resulting sole ownership or co-ownership for us. To secure our claims against the purchaser, the purchaser also assigns to us those claims that arise against a third party as a result of the connection of the reserved goods with a property; we accept this assignment now.

4. We undertake to release the securities to which we are entitled at the purchaser's request if their value exceeds the claims to be secured by more than 20%.

VII. Warranty and notice of defects

1. Unless we have expressly designated the information contained in our documentation, advertisements and other offer documents as binding, the illustrations or drawings contained therein are only approximately authoritative.

2. If the item delivered does not meet the subjective requirements, the objective requirements or the assembly requirements listed below, we are obliged to provide subsequent performance. This does not apply if we are entitled to refuse supplementary performance due to legal regulations.

The matter does not meet the subjective requirements if

a) it does not have the quality agreed between the purchaser and us or
b) it is not suitable for the use specified in our contract or
c) it is not handed over with the agreed accessories and the agreed instructions, including assembly and installation instructions.

Unless otherwise agreed between the customer and us, taking into account the applicable information and form requirements, the item does not meet the objective requirements if

a) it is not suitable for normal use or
b) it does not have the quality that is usual for items of the same type and that the customer can expect, taking into account the nature of the item and the public statements made by us or another member of the contractual chain or on its behalf, in particular in advertising or on the label, or
c) if it does not correspond to the quality of a sample or sample that we made available to the customer before the conclusion of the contract, or
d) if it is not handed over with the accessories including the packaging, the assembly or installation instructions and other instructions that the purchaser can expect to receive.

An effective other agreement between the customer and us regarding the objective requirements of the item requires that the customer was specifically informed before submitting his contractual declaration that a specific feature of the goods deviates from the objective requirements and the deviation in this sense was expressly and separately agreed in the contract.

3. The purchaser initially has the choice of whether subsequent performance should take place through repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the customer. During subsequent performance, the purchaser may not reduce the purchase price or withdraw from the contract. A repair is deemed to have failed if the second attempt is unsuccessful, unless the nature of the item or the defect or other circumstances indicate otherwise. If subsequent performance has failed or we have refused subsequent performance altogether, the purchaser can, at his discretion, request a reduction in the purchase price (reduction) or declare withdrawal from the contract.

The customer does not have to set us a deadline for subsequent fulfillment. As soon as the purchaser has informed us of the defect, a reasonable period of time has expired and no supplementary performance has been provided by then, the purchaser is also entitled to withdraw or reduce the price.

4. The customer can only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or we have refused subsequent performance. The customer does not have to set us a deadline for subsequent fulfillment. As soon as the purchaser has informed us of the defect, a reasonable period of time has expired and no subsequent performance has been provided by then, the purchaser is also entitled to assert claims for damages. The purchaser's right to assert further claims for damages under the following conditions remains unaffected.

5. The purchaser's right to assert further claims for damages under the following conditions remains unaffected. Without prejudice to the above provisions and the following liability limitations, we are liable without restriction for damage to life, body and health that is based on a negligent or intentional 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 that are based on intentional or grossly negligent breaches of contract as well as fraudulent behavior on the part of our legal representatives or our vicarious agents. To the extent that we have provided a quality and/or durability guarantee with respect to the goods or parts thereof, we are also liable within the scope of this guarantee. However, we are only liable for damage that is due to a lack of guaranteed quality or durability but does not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.

6. We are also liable for damages caused by simple negligence to the extent that this negligence concerns the violation of contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable if the damage is typically associated with the contract and foreseeable. We are not liable for simple negligent violations of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 also apply as far as the liability for legal representatives, executive employees and other vicarious agents is concerned.

7. Any further liability is excluded regardless of the legal nature of the asserted claim. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.

8. The warranty period is generally 2 years, calculated from the transfer of risk. If a defect became apparent within the statute of limitations, the statute of limitations does not come into effect before four months after the time at which the defect first became apparent. If the purchaser has handed over the goods to us or to a third party at our request for subsequent performance or to fulfill claims under a guarantee, the statute of limitations for claims due to the asserted defect does not come into effect before the expiry of two months after the time at which the repaired or replaced goods were handed over to the purchaser. (Note: a reduction to one year in the general 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, a reduction to 1 year is possible in the general terms and conditions). This deadline also applies to claims for compensation for consequential damage caused by defects, provided that no claims are asserted due to unlawful acts.

VIII. Miscellaneous

1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. If individual provisions of this contract are or become ineffective or contain a gap, the remaining provisions remain unaffected.

 

Annex 1:

Remarks

Transparency requirement

This requirement means that, in case of doubt, a clause in 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 the addition of an unreasonable disadvantage to the contractual partner in terms of content. This also means that the transparency requirement also applies to price regulations and service-describing clauses, which are generally excluded from content control.

Warranty periods

For purchase and work contracts, the warranty period is generally two years. If a defect became apparent within the statute of limitations, the statute of limitations does not come into effect before four months after the time at which the defect first became apparent. If the purchaser has handed over the goods to us or to a third party at our request for subsequent performance or to fulfill claims under a guarantee, the statute of limitations for claims due to the asserted defect does not come into effect before the expiry of two months after the time at which the repaired or replaced goods were handed over to the purchaser. The warranty period can be shortened as follows by General Terms and Conditions, taking into account the information and form requirements listed below:

Movable property other than building materials:

New

Needed

Movable property other than building materials:

The agreement on a shortened limitation period is only effective if the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration and the shortening of the limitation period was expressly and separately agreed in the contract.

Obligation to report defects

For defects that are not obvious, the deadline for reporting defects may not be shorter than two years (for used goods: one year, taking into account the information and form requirements). The start of the period is the start of the statutory limitation period.

Reimbursement of expenses for subsequent performance

In accordance with Section 439 Paragraph 2 of the German Civil Code (BGB), the seller must bear the expenses necessary for the purpose of supplementary performance (e.g. transport, travel, labor and material costs including any dismantling and installation costs). This obligation may not be excluded by general terms and conditions.

Limitation on subsequent performance

In the case of a defective item, the buyer can, at his discretion, demand the elimination of the defect or the delivery of a defect-free item as supplementary performance. Only if the supplementary performance is not successful, not possible or unreasonable can the buyer – secondarily – assert warranty rights: withdrawal or reduction. Restrictions solely on supplementary performance are ineffective if the other party to the contract is deprived of the right to a reduction if supplementary performance fails.

Liability for defects – Seller must cover removal and installation costs

The new law on supplementary performance in accordance with Section 439 Paragraph 3 Sentence 1 of the Civil Code (BGB). determines that, as part of subsequent performance, the seller is obliged to reimburse the buyer for the necessary expenses for the removal and installation or attachment of the defect-free item if the buyer installs the defective item in another item in accordance with its nature and intended use or attached to another thing. According to Section 445a BGB, the seller can also take recourse against his supplier. However, the seller is only liable if the buyer acted in good faith. The buyer's rights are therefore excluded if the buyer was aware of the defect at the time of installation or was not aware of it due to gross negligence.

Limitations of Liability

Any exclusion or limitation of liability for damages resulting from injury to life, body or health that is 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.

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