§ 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

We reserve the right of ownership and copyright to all documents, such as calculations, drawings, etc., provided to the customer in connection with the order placement. 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 specified in § 1, these documents must be returned to us immediately.

§ 3 Prices and payment

1. sales tax (and packaging costs) is (are) included in our prices. Delivery and shipping costs are (not) included in our prices.

2. payment of the purchase price must be made exclusively to the account specified overleaf. The deduction of a cash discount is only permitted with a special written agreement.

3. unless otherwise agreed, the purchase price shall be payable within 10 days of delivery (alternatives: ” … the purchase price shall be payable within 21 days of invoicing” or ” … the purchase price shall be payable by – specific date”). Interest on arrears shall be charged at a rate of 5% above the respective base interest rate p.a. (see Annex 1). We reserve the right to claim higher damages for default. In the event that we assert a higher damage caused by default, the customer shall have the option of proving to us that the damage caused by default asserted was not incurred at all or at least in a significantly lower amount.

§ 4 Offsetting and rights of retention

The customer shall only be entitled to set-off if his claims have been legally established or are undisputed. The customer shall also be entitled to offset against our claims if he asserts notices of defects or counterclaims arising 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.

*) Please note the user information on the previous page and the notes in Appendix 1! When using the GTC for distance selling, additional regulations (e.g. right of withdrawal and return) must be observed.

§ 5 Delivery time

1. unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.

2. the commencement of the delivery period stated by us presupposes the timely and proper fulfillment of the customer’s obligations. We reserve the right to plead non-performance of the contract.

3. the customer may request us in text form to deliver within a reasonable period of time X weeks after a non-binding delivery date/delivery period has been exceeded. If we culpably fail to meet an express delivery date/delivery period or if we are in default for any other reason, the customer must set us
a reasonable grace period to effect performance. If we allow the grace period to expire fruitlessly, the customer shall be entitled to withdraw from the purchase contract.

4. if the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For its part, the customer reserves the right to prove
that no damage at all or at least significantly less damage has been incurred in the amount claimed. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.

5. further statutory claims and rights of the customer due to a delay in delivery remain unaffected.

§ 6 Retention of title

1. we reserve title to the delivered goods until all claims arising from the delivery contract have been paid in full.

2. as long as ownership has not yet been transferred to him, the customer is obliged to treat the purchased item with care. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value (note: only permissible for the sale of high-value 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 been transferred, the customer must inform us
immediately in text form if the delivered item is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.

3. the treatment and processing or transformation of the object of sale by the customer shall always be carried out in our name and on our behalf. In this case, the expectant right of the customer to the object of sale shall continue in the transformed object. If the purchased item is processed with other items not belonging to us, we shall 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 shall apply in the event of mixing. If the mixing is carried out in such a way that the customer’s item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis and shall keep the resulting sole ownership or co-ownership for us. In order to secure our claims
against the customer, the customer shall also assign to us such claims which accrue to him against a third party through the combination of the reserved goods with a property; we hereby accept this assignment.

4. we undertake to release the securities to which we are entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20%.

§ 7 Warranty and notice of defects

1. insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate.

2. if the delivered item does not have the quality agreed between the customer and us or if it is not suitable for the use assumed under our contract or for the general use or if it does not have the properties that the customer could expect according to our public statements, we shall be obliged to provide subsequent performance. this shall not apply if we are entitled to refuse subsequent performance on the basis of the statutory provisions.

3. the customer shall initially have the choice of whether subsequent performance is to be effected by repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer are excluded. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If subsequent performance has failed or if we have refused subsequent performance altogether, the customer may, at his discretion, demand a reduction in the purchase price (reduction) or declare his withdrawal from the contract.

4. the customer may 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 right of the customer to assert further claims for damages under the following conditions remains unaffected.

5. notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damages to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damages covered by liability under the Product Liability Act, as well as for all damages resulting from intentional or grossly negligent breaches of contract as well as fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given 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 which do not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.

6. we shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. Otherwise, we shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 – 3 shall also apply insofar 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 claim asserted
. Insofar as our liability is excluded or
limited, this shall also apply to the personal liability of our employees,
workers, staff, representatives and vicarious agents.

8. the warranty period is 2 years, calculated from the transfer of risk (note: a reduction to one year is possible in the GTCs 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 GTCs). This period also applies to claims for compensation for consequential harm caused by a defect, provided that no claims in tort are asserted.

§ 8 Miscellaneous

1. this contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

2. should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.

Notes

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 comprehensible. This requirement means that non-transparent clauses are to be considered invalid per se, without any additional unreasonable disadvantage to the contractual partner. Furthermore, this also means that the transparency requirement also applies to price provisions and clauses describing services, which are generally exempt from content control
.

Warranty periods

The warranty period for purchase contracts and contracts for work and services is 2 years. The warranty period can be shortened by GTC as follows:

Movable goods other than building materials
– new – buyer is consumer 2 years
– buyer is entrepreneur 1 year

– used – buyer is consumer 1 year
– buyer is entrepreneur none

Obligation to notify defects

For non-obvious defects, the defect notification period may not be set shorter than two years (for
used goods: one year) in the GTC. The start of the period is the statutory
start of the limitation period.

Reimbursement of expenses for subsequent performance

Pursuant to Section 439 (2) BGB, the seller must bear the expenses necessary for the purpose of subsequent performance (e.g. transport, travel, labor and material costs). This obligation may not be excluded by general terms and conditions.

Restriction to subsequent performance

In the case of a defective item, the buyer may, at his discretion, demand the rectification of the defect or the delivery of a defect-free item as subsequent performance. Only if subsequent performance is unsuccessful, impossible or unreasonable can the buyer – in the second instance – assert warranty rights: Rescission or reduction. Restrictions on subsequent performance alone are ineffective if the other party to the contract is denied the right to a reduction in price if subsequent performance fails.

Limitations of liability

Any exclusion or limitation of liability for damages resulting 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 interest on arrears

From the beginning of the default, the buyer shall owe the seller default interest in addition to the purchase price. If a consumer is involved in the purchase contract, whether as buyer or seller, the interest rate is 5% above the prime rate. In the case of purchase contracts between entrepreneurs, the interest rate is 8% above the prime rate. The current base interest rates can be found at
https://www.bundesbank.de/Redaktion/DE/Standardartikel/Bundesbank/Zinssaetze/basiszins
satz.html.