Our Terms & Conditions
General Terms and Conditions of Business
§ 1 General - Scope of application
1. The terms and conditions apply to all present and future business relations.
2. Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into without a commercial or self-employed professional activity being attributable to them.
Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of a commercial or self-employed professional activity.
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
3. Deviating, conflicting or supplementary general terms and conditions of business shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
§ 2 Conclusion of contract
1. Our offers are subject to confirmation. We reserve the right to make technical changes as well as changes in form, colour and/or weight within reasonable limits.
2. With the order of a product the customer declares bindingly to want to acquire the ordered product. We are entitled to accept the contractual offer contained in the order within two weeks after receipt by us. Acceptance can be declared either in writing or by delivery of the goods to the customer.
3. If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not yet constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
4. The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with our supplier. The customer will be informed immediately of the non-availability of the service. The consideration will be refunded immediately.
5. If the consumer orders the goods electronically, the text of the contract shall be stored by us and sent to the customer by e-mail together with these GTC on request.
6. We reserve ownership rights and copyrights to illustrations, drawings, calculations and other documents. This also applies to such written documents that are designated as "confidential". The customer requires our express consent before passing them on to third parties.
§ 3 Retention of title
1. In the case of contracts with consumers, we reserve title to the goods until full payment of the purchase price. In the case of contracts with entrepreneurs, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.
2. The customer is obliged to handle the goods with care. If maintenance and inspection work is required, the customer must carry it out regularly at his own expense.
3. The customer is obliged to inform us immediately of any third-party access to the goods, for example in the event of seizure, as well as any damage or destruction of the goods. The customer must notify us immediately of any change in ownership of the goods or any change in his own place of residence.
4. We shall be entitled to withdraw from the contract and demand the return of the goods in the event of conduct in breach of contract on the part of the customer, in particular in the event of default in payment or breach of an obligation pursuant to Sections 3. and 4. of this provision.
5. The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
6. The treatment and processing of the goods by the entrepreneur always takes place in our name and on our behalf. If processing is carried out with objects not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us to the other processed objects. The same applies if the goods are mixed with other objects not belonging to us.
§ 4 Right of revocation and return
1. The consumer has the right to revoke his declaration of intent to conclude the contract within two weeks after receipt of the goods. The revocation does not have to contain a reason and must be declared to the seller in text form; the date of receipt by the seller is valid to meet the deadline.
2. The consumer is obliged to return the goods when exercising his right of revocation if they can be sent by parcel post. The costs of the return shipment are borne by the consumer when exercising the right of revocation, unless the goods delivered do not correspond to the goods ordered.
3. The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer may examine the goods carefully and carefully. The consumer must bear the loss in value which, due to the use beyond the mere inspection, means that the goods can no longer be sold as "new".
4. The right of revocation is excluded for the delivery of goods which are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature.
§ 5 Remuneration
1. The purchase price offered is binding. Unless otherwise stated in the order confirmation, our prices are "ex works", excluding packaging; this will be invoiced separately.
2. In the case of a mail order purchase with a consumer, the purchase price is understood to be plus a flat-rate shipping charge stated in the offer.
3. The statutory value added tax is not included in our prices; it is shown separately on the invoice in the statutory amount on the day of invoicing.
4. The deduction of a discount requires a special written agreement.
5. The customer does not incur any additional costs when ordering by using the means of telecommunication.
6. The customer can pay the purchase price by cash on delivery, invoice, direct debit or credit card, whereby we are responsible for determining the method of payment.
7. The customer undertakes to pay the purchase price within 10 days of receipt of the goods. After expiry of this period, the customer is in default of payment.
During the period of default, the consumer shall pay interest on the debt at a rate of 5% above the base interest rate.
During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8% above the base interest rate. We reserve the right to prove and assert a higher damage caused by default against the entrepreneur.
8. The customer has a right of set-off only if his counterclaims have been legally established or acknowledged by us.
9. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 Transfer of risk - packaging costs
1. Unless otherwise stated on the order confirmation, delivery "ex works" is agreed.
2. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery, in the case of mail order purchase upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
3. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall not pass to the customer until the item has been handed over, even in the case of mail order purchase.
4. insurance is for the account of the customer and is taken out automatically. The goods will not be insured unless expressly requested.
5. If the customer is in default of acceptance, this shall be deemed equivalent to handover.
6. Transport packaging and all other packaging in accordance with the packaging regulations shall not be taken back, with the exception of pallets. The customer is obliged to dispose of the packaging at his own expense.
§ 7 Delivery time
1. The beginning of the delivery period stated by us presupposes the clarification of all technical questions.
2. Compliance with our delivery obligation also requires the timely and proper fulfilment of the customer's obligation. We reserve the right to plead non-performance of the contract.
3. If the customer defaults in acceptance or culpably violates other duties to cooperate, we shall be entitled to claim compensation for the damage incurred to us in this respect, including any additional expenses. We reserve the right to assert further claims.
4. The risk of accidental loss or accidental deterioration of the object of purchase shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's default.
5. We are liable according to the legal regulations, as far as the underlying sales contract is a firm deal in the sense of § 286 Abs. 2 Nr. 4 BGB or § 376 HGB. We shall also be liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further fulfilment of the contract has ceased to exist.
6. We shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; any fault on the part of our representatives or vicarious agents shall be attributed to us. If the delivery contract is not based on an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
7. We shall also be liable in accordance with the statutory provisions if the delay in delivery for which we are responsible is due to a culpable breach of an essential contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage.
8. Further legal claims and rights of the customer remain reserved.
§ 8 Warranty
1. If the customer is an entrepreneur, we shall initially provide a warranty for defects in the goods by repair or replacement, at our discretion.
2. If the customer is a consumer, he has the first choice as to whether subsequent performance is to be effected by repair or replacement. However, we are entitled to refuse the type of subsequent performance chosen if it is only possible with disproportionate costs and the other type of subsequent performance is without significant disadvantages for the consumer.
3. If the subsequent performance fails, the customer may, at his option, either demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). In the event of a minor breach of contract, in particular in the event of minor defects, the customer shall not, however, be entitled to withdraw from the contract.
4. Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defect lies with the entrepreneur.
Consumers must inform us in writing of obvious defects within a period of two months after the time at which the non-conforming condition of the goods was determined. The receipt of the information by us shall be decisive for compliance with the deadline. If the consumer fails to provide this information, the warranty rights expire two months after his discovery of the defect. This does not apply in the event of fraudulent intent on the part of the seller. The burden of proof for the time of detection of the defect lies with the consumer. If the consumer has been induced to purchase the goods by inaccurate manufacturer statements, the burden of proof for his purchase decision lies with him. In the case of used goods, the consumer has the burden of proof for the defectiveness of the goods.
5. If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect. If the customer chooses compensation after failed subsequent performance, the goods shall remain with the customer if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have maliciously caused the breach of contract.
6. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. The limitation period for used goods is one year from delivery of the goods. This shall not apply if the customer has not notified us of the defect in good time (item 4 of this provision).
7. If the customer is an entrepreneur, only the manufacturer's product description shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not constitute a contractual statement of the quality of the goods.
8. If the customer receives faulty assembly instructions, we are only obliged to supply fault-free assembly instructions and this only if the fault in the assembly instructions prevents proper assembly.
9. The customer does not receive any guarantees from us in the legal sense. Manufacturer guarantees remain unaffected by this.
§ 9 Limitations of liability
1. In the event of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs for slightly negligent breach of insignificant contractual obligations.
2. The above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability shall not apply in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer.
3. claims for damages of the customer due to a defect become statute-barred one year after delivery of the goods. This does not apply if we can be accused of malice.
§ 10 Final clauses
1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office (Steinfurt). The same applies if the customer has no general place of jurisdiction in Germany or his place of residence or usual abode is not known at the time the action is filed.
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