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Our supplies, achievements and offers at consumers in accordance with § 13 BGB take place on the basis of these trading conditions. With task of his order the buyer explains itself in agreement with this contractual basis.
§1 duty to supply information of the buyer
(1) the buyer is to be made obligated with its order only truthful data. Us the buyer has changes of the data important for our business relation (e.g. name, address, E-Mail address, consumer characteristic) with current order immediately to communicate otherwise before the next order. Us if wrong data are communicated, we are entitled to the resignation from already closed contracts and for the blockage of our on-line Shops for this buyer.
(2) the buyer ensures that the E-Mail address indicated by it is attainable. If the receipt of enamels is prevented deactivation or overstocking of the account due to forwardings, the rights stand for us in accordance with paragraph (1) too.
(3) direct (up to 24 hours) after task of its order receives the buyer from us by E-Mail an acknowledgement of receipt. The buyer commits itself to inform us immediately if it did not keep this confirmation time near.
§ 2 conclusion of a contract, revocation
(1) our offers are noncommittal and stand under the reservation of appropriate stocks and/or punctual supply by our suppliers. With his order the buyer explains obligatorily that he would like to acquire contents of its warenkorbes (contract offer). We are entitled, the present contract Treaty within the times for delivery indicated by us by distribution of the commodity to accept separate confirmation of order or in other suitable way totally or partly. With our express or konkludenten notification of acceptance the sales contract comes off, as far as our notification of acceptance is enough. To the acceptance of orders we are obligated in no case.
(2) with contradictions between order and confirmation of order our explanation proceeds, if the deviation not when new contract offer is to be evaluated.
(3) obvious mistakes, write -, pressure and calculation errors, which to us with the presentation of an offer or within the framework occur to a confirmation of order, are not obligatory on us.
(4) the buyer is entitled within the legal periods to send its order back too recalled and already received commodity. The buyer bears the cost of the return, if the purchase price of the commodity concerned does not exceed ¤ 40.00 and the commodity corresponds to the order. If a return is not possible by package, we fetch the commodity. If the buyer took the commodity before revocation and return in use, it has to carry indemnification according to value out for the pulled uses and a degradation of the commodity. The indemnification according to value can reach the height of the purchase price in individual cases. If the buyer examined the commodity only in appropriate form, we do not have a requirement on indemnification according to value. To the detailed information to the conditions and consequences of the revocation on our appropriate service side we refer expressly.
§ 3 prices
(1) so far nothing different one is agreed upon, applies the prices specified in the order.
(2) the prices understand themselves including at the time of the order the valid German value added tax plus the overall freight charges proven in the order. In the case of supplies into a country, which is not member of the European union, the price reduces itself around the German value added tax. The buyer has to carry the tariffs and import value added tax developing with the import directly in this case however. It exempts us in this connection from each demand. We do not prove a value added tax, since we are small tradesmen and thus to the removal of trade tax are not obligated.
(3) if we implement the buyer partial deliveries when desired, this has to carry thereby developing extra costs.
(4) for reduced or offer articles no forwarding expenses liberty can be granted. In the general one forwarding expenses liberty refers to the pure dispatch. Collection fees with payment by cash on delivery are to be always carried from the customer to. Forwarding expenses-freely can be supplied only to the FRG. Supplies within the community are not forwarding expenses-free possible.
§ 4 supplies, higher force
(1) dates and times for delivery mentioned by us are noncommittal, if not expressly something else was agreed upon. The actual times for delivery depend in particular on the times for delivery of our suppliers. If our noncommittal times for delivery are actually substantially exceeded, we will inform the buyer immediately.
(2) the time for delivery extends, without we refer to separately if and as far as the buyer selected payment means Vorauskasse, but no payment carries out.
(3) temporary delivery obstacles due to higher force (e.g. war, trade restrictions, strike, obstructions of traffic) and other unvorsehbarer and events representing of us not entitle us to only implement the supply after removal of this obstacle. We will inform the buyer immediately from being present such an obstacle. If the obstacle exists over more than two weeks beyond our regular times for delivery, both we and the buyer are entitled to withdraw under appropriate period setting from the contract.
§ 5 default of acceptance
(1) for the duration of the default of acceptance of the buyer we are entitled to store the commodity at danger and costs of the buyer. We can also for this a forwarding business or a warehouseman avail ourselves. The storage costs are charged for overall with 1 % of the net invoice amount of the stored commodity per month, at the most however at a value of ¤ 25,00. We are entitled to prove and in calculation place actually higher costs. The buyer is entitled to the proof that no or smaller storage costs developed.
(2) if we withdraw due to the default of acceptance of the buyer from the contract, we are entitled when being present the further legal conditions to demand overall payment of damages at a value of 25 % of the agreed upon net invoice amount. The asserting of an actually higher damage remains reserving. The buyer is entitled to the proof that none or a smaller damage developed.
§ 6 payment
(1) our calculations are bar payable depending upon agreement by vorauskasse or by cash on delivery and/or during collection, as far as differently does not agree. Supplies abroad take place only against vorauskasse.
(2) in the case of the vorauskasse the payment is to be made within two weeks after entrance of our confirmation of the order entrance. The time of the receipt is relevant with us. During later payment we will inform the buyer immediately, if we its order (e.g. because of intermediate price increases) no more do not accept, and which paid amount back transfer. The same applies to that extent, when we accept an order also with payment within the prescribed period only partly or not at all.
(3) a payment is considered only then as effected if we can have the amount.
(4) the buyer can exercise a right of lien only if its counterclaim is based on the same contractual relation. A right for set-off is entitled to the buyer only if its counterclaim were validly determined or recognized by us.
§ 7 guarantee
(1) all pictures, which we use in the on-line presentation, in order to commodity to represent, are only example photos. They represent the respective article not in every case in a true-to-life manner, but serve only for the illustration. The articles can deviate from the photo. The technical description of the articles is relevant.
(2) designs, illustrations, technical data, weight -, measurement and performance specifications are to be understood as approximate values and obligatory only if they are called of us in text form expressly obligatory. Condition data are guaranteed only then in the sense § 443 BGB, if we explain an appropriate warranty expressly in text form. Changes of condition of the articles before the distribution remain reserving, as far as they do not affect the quality of the commodity or only to small extent. In all other respects only the product description of the manufacturer is considered as agreed upon condition of the commodity, not however a description in public expressions, Anpreisungen or advertising measures.
(3) obvious lack of the commodity are to be indicated us immediately after the supply in text form, otherwise one our relevant warranties are void. Obvious transport damages are to be logged with the delivery opposite the transportation person to ruegen and. With substantial transport damages the acceptance of the commodity is to be refused. With each notice of defect has the buyer the complained of commodity with complete accessories as well as a copy of the delivery note to send back with which the commodity was supplied, under indication of the model and seriennummer and connected with an exact error description at us. For the complaint the complaint light placed from us to the order is to be used. The commodity is to be sent back in the original packaging or an accordingly suitable packing at our expense.
(4) if the buyer indicates the kind of the Nacherfuellung wished by it in the notice of defects not expressly, the choice is incumbent on us. If the buyer of the defective commodity did not attach all accessories during the return, in the case of the subsequent delivery with appropriate accessories this is placed to it to the selling price additionally in calculation. Replaced goods or parts change into our property. Footstep of the buyers due to a lack of the sales contract back, not returned delivery components are likewise taken off to the selling price from our credit note.
(5) If a notice of defect turns out as unauthorized, we send back the complained goods to the buyer. The buyer carries the expenses including the test expenditure. We are entitled to calculate(charge) for an overall representational allowance to the amount of ¤ 50.00. The assertion of a real higher expenditure is left. The buyer is entitled to the proof that our expenditure was lower actually. We can make the return of the goods of the payment of our bill dependent.
(8) We guaranty the products for 2 years from the date of purchase.
(9) no guarantee resulted taken over for damage, from unsuitable or inappropriate use, incorrect assembly and/or initial start-up by the buyer or third, natural wear, incorrect or careless treatment, unsuitable operational funds, neglect of the operating and wartungsanleitungen as well as inappropriate changes or repairs from the buyer or third.
(10) if the commodity is continued using despite knowledge of a lack, then we are responsible only for the original lack, not however for such damage, which resulted from the further use.
§ 8 adhesion we clings on payment of damages because of injury of contractual and except-contractual obligations with bad cunning, resolution and rough negligence without reservation. As far as we hurt negligently a contract-substantial obligation, our obligation to indemnify is limited to the contract-typical, foreseeable damage. The same applies to obligation injuries of our executing aides. Large requirements are impossible. Our adhesion after the product liability law, from a warranty or because of personal injuries remains of it unaffected.
§ 9 retention of title up to the complete payment of the purchase price our commodity our property remains. With connection of the reservation commodity with other goods we receive co-ownership at the new thing in the relationship, in which the invoice amount of our commodity stands for the invoice amount of the other connected goods. The buyer keeps the reservation commodity and/or the thing in our co-ownership free of charge for us. Verpfaendungen or transfers by way of security concerning in our ownership standing goods are inadmissible. With accesses third on the reservation commodity will refer the buyer to our property and us immediately will inform.
§ 10 transfer prohibition the transfer of any demands or requirements against us to third is impossible, if we agree the transfer not expressly in text form. We are obligated to the agreement, if the buyer a justified interest in the transfer prove.
§ 11 data security we to store and process received the data in connection with the business relation are justified over the buyer, equal whether these from the buyer or from third come, in the sense of the data protection act, as far as they are necessary for the business relation. The data are passed on on - apart from legal or official report obligations - only with agreement of the buyer third.
§ 12 final clauses (1) for the business relation with the buyer the right of the Federal Republic of Germany - under exclusion of the UN buying rights- is applicable. (2) if one of the preceding regulations is totally or partly ineffective, then of it the effectiveness of the remaining clauses or clause parts is not affected.