- 1 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 by sending the ordered goods within this period.
- 2 Documents Provided
All documents provided to the customer in connection with the placing of the order - also in electronic form - such as calculations, drawings, etc. we reserve the right of ownership and copyright. 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.
- 3 Prices and Payment
- Sales tax is included in our prices. Delivery and shipping costs are not included in our prices.
- The purchase price must be paid exclusively to the account specified overleaf. The deduction of cash discount is only permitted with a special written agreement.
- Unless otherwise agreed, the purchase price is payable by the - specific date. Default interest will be charged at 5% above the respective base interest rate (see Appendix 1). The assertion of a higher damage caused by default remains reserved. In the event that we claim a higher damage caused by delay, the customer has the opportunity to prove to us that the damage caused by delay did not occur at all or was at least significantly lower.
- 4 Set-Off and Rights of Retention
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 insofar as his counterclaim is based on the same contractual relationship.
*) Please note the user information on the previous page and the comments in Appendix 1! When using the terms and conditions in distance selling, additional regulations (e.g. B. Right of revocation and right of return) must be observed.
- 5 delivery time
- Unless an expressly binding delivery date has been agreed, our delivery date or Delivery periods exclusively non-binding information.
- The start of the delivery time specified by us presupposes the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.
- Two weeks after a non-binding delivery date/delivery period has been exceeded, the customer can request us in text form to deliver within a reasonable period of time. If we culpably fail to meet an express delivery date/delivery period or if we are in default for another reason, the customer must set us a reasonable period of grace to effect performance. If we let the period of grace elapse without result, the customer is entitled to withdraw from the purchase contract.
- If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur as a result, including any additional expenses. Further claims remain reserved. For his part, the customer reserves the right to prove that damage of the requested amount did not occur at all or at least was significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which he defaults in acceptance or as a debtor.
- Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
- 6 Retention of Title
- We reserve ownership of the delivered item until all claims arising from the delivery contract have been paid in full.
- As long as ownership has not yet passed to him, the customer is obliged to treat the purchased item with care. In particular, he is obliged to insure them at his own expense against theft, fire and water damage at replacement value (note: only permitted for the sale of 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. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by us.
The handling and processing or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the purchaser's expectant right to the purchased item continues with the transformed 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 relation to 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 customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to us and keeps the resulting sole ownership or co-ownership safe for us. To secure our claims against the customer, the customer also assigns to us such claims that accrue to him against a third party as a result of the connection of the goods subject to retention of title with property; we already accept this assignment.
- We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20%.
- 7 Warranty and Complaints
- Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated as binding by us, the illustrations or drawings contained there are only approximately authoritative,
- If the delivered item does not have the quality agreed between the customer and us or it is not suitable for the use required by our contract or general use or it does not have the properties that the customer could expect according to our public statements, we are obliged to supplementary performance. this does not apply if we are entitled to refuse subsequent performance based on statutory regulations.
- The customer initially has the choice of whether the supplementary performance should take the form of repairs or a replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance does not result in significant disadvantages for the customer. During the supplementary performance, the purchaser cannot reduce the purchase price or withdraw from the contract. A subsequent improvement is deemed to have failed with the unsuccessful second attempt, unless something else arises from the nature of the item or the defect or the other circumstances. If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer can either demand a reduction in the purchase price (reduction) or withdraw from the contract.
- The customer can only assert claims for damages under the following conditions because of the defect if the subsequent performance has failed or we have refused the subsequent performance. The customer's right to assert further claims for damages under the following conditions remains unaffected.
Notwithstanding the above provisions and the following limitations of liability, we are fully liable for damage to life, limb 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 based on intentional or grossly negligent breaches of contract as well as fraudulent intent, our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee for the goods or parts thereof, we are also liable under this guarantee. However, we are only liable for damage that is based on the lack of the 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.
- We are also liable for damage caused by simple negligence, insofar as this negligence relates to the breach of such 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 is foreseeable. For the rest, 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 insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned.
- Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar 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 is possible in terms and conditions 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 general terms and conditions). This period also applies to claims for compensation for consequential damages, insofar as no claims from tort are asserted.
- 8 Miscellaneous
- This contract and the entire legal relationship 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 invalid or contain a gap, the remaining provisions shall remain unaffected.
This requirement means that, in case of doubt, a clause in general terms and conditions is also unreasonably disadvantageous 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 for the contractual partner in terms of content. Furthermore, this also means that the transparency requirement also applies to price determinations and clauses describing services, which are generally exempt from content control.
The warranty period for purchase and work contracts is 2 years. The warranty period can be shortened as follows by general terms and conditions:
Obligation to report defects
For non-obvious defects, the period for notification of defects must not be shorter than two years (one year for used goods) in the General Terms and Conditions. The start of the period is the statutory start of the limitation period.
Reimbursement of expenses in the case of supplementary performance
According to Section 439, Paragraph 2 of the German Civil Code, the seller must bear the expenses required for the purpose of supplementary performance (e.g. B. transport, travel, labor and material costs). This obligation may not be excluded by general terms and conditions.
Limitation on supplementary performance
In the case of a defective item, the buyer can, as supplementary performance, demand either the elimination of the defect or the delivery of a defect-free item. Only if subsequent performance is unsuccessful, not possible or unreasonable can the buyer – secondarily – assert warranty rights: withdrawal or price reduction. Restrictions solely on supplementary performance are ineffective if the other party to the contract is denied the right to a price reduction if the supplementary performance fails.
Limitations of Liability
Any exclusion or limitation of liability for damage resulting from injury to life, limb 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.
Amount of default interest
From the beginning of the delay, the buyer owes the seller default interest in addition to the purchase price. If a consumer is involved in the purchase contract, either as a buyer or as a seller, the interest rate is 5% above the base rate. In the case of sales contracts between entrepreneurs, the interest rate is 8% above the base rate.
Under https://www.bundesbank.de/Redaktion/DE/Standardartikel/Bundesbank/Zinssaetze/basiszinssatz.html the current base interest rates can be determined.