General
Terms and Conditions
[Catalogue, Online Shop and eBay/Amazon]
status as of 28/07/2010
1. Sphere of
applicability
Our General Terms and Conditions apply both towards
our commercial customers and towards consumers in the terms of section 13 BGB.
Inasmuch as different regulations apply to consumers,
expressed indication shall be made to this.
Our General Terms and Conditions shall apply
exclusively. Any contradicting or commercial customers‘ conditions deviating
from our sales conditions are not recognised by us unless we have expreyyl
agreed to their applicability in writing.
The
Customer expressly the following General Terms and Conditions recognises on
ordering or on making an offer.
2. Conclusion of contract
The
Purchase Contract shall only come into force on confirmation of order by us at
the conditions contained in the confirmation of order.
Excepted
from this are purchase contracts concluded with eBay; these shall come into
force on submission of the highest bid or selection (clicking) of another type
of distribution provided by eBay. In this respect, we refer to the relevant
provisions of eBay’s General Terms and Conditions.
After
conclusion of contract, you shall receive an advance payment invoice from us
with the VAT (value-added tax) shown separately. Please effect your bank
transfer only after receipt of our advance payment invoice stating your
customer and document nos. as, due to the large number of orders, assignment of
your transfer is otherwise not possible.
In
this respect we request our customers to take into consideration the fact that
our business premises are not manned on weekends and holidays.
3. Prices – payment conditions
As
sales always take place to consumers, the statutory VAT is included in our prices.
It is shown separately on the invoice at the statutory amount on the day of
invoicing.
The
Customer is not entitled to deduct any discount.
The
purchase price is due on conclusion of contract. The sale shall take place, in
as much as nothing else has been agreed, by advance payment.
Outside
of trading on the Internet, payment is also possible by cash on delivery. If
you have decided on this type of payment, please pay the cash on delivery
amount on accepting the goods in cash to the person delivering the goods. In
this case, we are obliged to charge you an additional cash on delivery fee of
6.31 € incl. VAT.
If
delivery takes place against invoice, the Customer shall automatically fall
into default 30 days after receipt of the invoice (section 286 BGB) if he has
not previously received a reminder.
The
default interest rate for consumers is 5 percentage points above the applicable
base interest rate and, towards business persons, 8 percentage points above the
base interest rate (section 288 BGB).
4. Delivery
We
make every effort to carry out all orders immediately. We draw attention to the
fact that our business is only manned on working days. Orders and queries which
are received on weekends and holidays shall generally be dealt with on the
following working day.
In
the case of delay in delivery, we shall be liable in accordance with the
statutory provisions inasmuch as the delay in delivery was caused by
intentional or grossly negligent violation of contract for which we are
responsible, Any fault on the part of our representatives or vicarious agents
shall be attributed to us. Inasmuch as the delay in delivery cannot be put down
to intentional violation of contract for which we are responsible, our
liability for damages is limited to foreseeable, typically occurring damage.
We
are also liable, in according with the statutory provisions, inasmuch as delay
in delivery for which we are responsible can be put down to culpable violation
of a significant contractual duty. In this case, however, the liability for
damages is limited to the foreseeable typically occurring damage.
Further
statutory claims and rights of the Customer are reserved.
If
the Customer falls into default of acceptance, we are entitled to demand that
any damage arising for us, including any additional expense, is compensated.
Further-reaching claims are reserved. Inasmuch as the prerequisites for default
in acceptance are evident, the risk of accidental destruction or accidental
deterioration of the item of purchase shall be transferred to the Customer at
the point of time at which he/she has fallen into acceptance or debtor default.
5. Liability for defects
The
prerequisite for claims for defects by commercial customers is that they have
correctly met their responsibilities for examination and complaint required in
accordance with section 377 HGB.
Inasmuch
as there is a defect in the item of purchase, the Customer is optionally
entitled to subsequent performance in the form of repair by us or through delivery
of an item free of defects unless the selected type of subsequent performance
would be subject to disproportionate cost. In the case of a defect, we are
obliged to bear all expense necessary for the purpose of elimination of the
defect, in particular transport, way, labour and material costs. For the case
of transport of the item of purchase to a place other than the place of
performance, namely to the place of the intended use of the item, we are
entitled, inasmuch as the transport costs are disproportionately high, to
refuse subsequent performance in accordance with the statutory regulations.
If
subsequent performance fails, the Customer is optionally entitled to withdraw
(from the contract) or to demand reduction (in price).
We
are liable, in accordance with the statutory provisions, inasmuch as the
Customer asserts claims for damages which are based on intent or gross
negligence including our representatives and vicarious agents. Inasmuch as we
are not accused of any intentional violation of contract, the liability for
damages is limited to the foreseeable typically occurring damage.
We
are liable, in accordance with the statutory provisions, inasmuch as we
culpably violate a significant contractual duty. In this case, however, the
liability for damages is limited to the foreseeable typically occurring damage.
Inasmuch
as the Customer is due a claim to compensation for the damage in lieu of
performance, our liability is limited to compensation for the foreseeable,
typically occurring damage.
Liability
due to culpable fatal injury, physical injury or damage to the health is not
affected. This also applies to compelling liability in accordance with the
Product Liability Act.
Inasmuch
as nothing deviating is regulated above, liability is ruled out.
The
limitation period for claims for defects amounts to two years for new goods and
one year for used goods. It shall commence, in accordance with section 199 BGB,
at the end of the year in which the claim arises and the creditor gains
knowledge of the circumstances substantiating the claim or would have had to
gain knowledge but for gross negligence.
The
limitation period in the case of delivery recourse in accordance with sections
478, 479 BGB is not affected. It amounts to five years calculated from delivery
of the defective item.
In
the case of a complaint, the Customer is obliged to return the goods securely
and at favourable cost. In case of the return of used or damaged goods, we
reserve the right to demand compensation for the reduction in value and for the
value of the use of the goods. There is no claim for compensation, however, if
the deterioration in the goods can be put exclusively down to correct
examination by the Customer.
6. Transfer of risk and transport
Inasmuch
as nothing else has been agreed, delivery from our company headquarters has
been agreed with our commercial customers. For consumers, the place of
performance is their place of residence.
For
commercial customers, transport damage can only be recognised if it is reported
to us without delay, at the latest, however, 48 hours after receipt of the
goods in writing or by e-mail whereby, for the period to be have been observed
in good time, the point of time of despatch of such report is decisive.
7. Reservation of title
For
delivery against invoice, we reserve the right of title to the item of purchase
up to receipt of all payments from the delivery contract. In the case of
non-contractual behaviour on the part of the Customer, in particular default in
payment, we are entitled to re-possess the item of purchase.
Re-possession
of the item of purchase means withdrawal from the contract. After re-possession
of the item of purchase, we are authorised to utilise it (sale). The revenue
from utilisation shall be set off against the Customer’s liabilities– less
reasonable utilisation costs.
The
Customer is obliged, up to complete payment, to report any pledge of the goods
to us without delay.
8. Place of jurisdiction – place of performance
Inasmuch
as the Customer is a businessman, our business headquarters (Remscheid) is the place of jurisdiction. We
are, however, also entitled to take action against the Customer at the court at
his place of residence
The
relationships between us and the Customer are subject exclusively to the law of
the Federal Republic of Germany. The Convention on Contracts for the
International Sale of Goods (CISG) shall not apply.
9. Miscellaneous
We
reserve exclusive copyright in images, descriptions, instructions for use and
other documents. All product and company names mentioned by us are brands of
the owners or manufacturers concerned. Inasmuch as we enable access to other
web sites from our Internet page by means of links, we are not liable for their
content.
For
orders by electronic means, we are entitled to store the customer data for the
period up to final processing of the contract and the expiry of all warranty
and revocation periods. Forwarding of these to third parties is ruled out.
Exclusion of liability:
1. Content of the
online offer
The author assumes
no warranty for the topicality, correctness, completeness or quality of the
information provided. Liability claims against the author which refer to loss
of a material or ideal type and which have been caused by the use or the
non-use of erroneous or incomplete information are basically ruled out inasmuch
as on the part of the author there is no verifiably intentional or gross
negligent fault.
Our quotations are
non-binding and subject to confirmation. The author expressly reserves the
right to modify, supplement or delete parts of the site or the whole quotation
without special announcement or to stop publication temporarily or finally.
2. References and
links
In the case of direct
or indirect references to external Internet sites (links), which lie outside
the author’s sphere of responsibility, a liability obligation would come into
force only for the case that the author has knowledge of the content and it is
technically possible for him and also reasonable to prevent use in the case of
illegal content.
The author
therefore expressly declares that, at the point of time of placing the link,
the linked pages concerned were free of any illegal content. The Author has no
influence over the current and future design or over the content of the linked
pages. Therefore he hereby distances himself expressly from all content of the
linked pages which may have been altered after the link was placed.
This ascertainment
shall apply for all links and references placed within the author’s own
Internet presence and for any external entries in guest books, discussion
forums or mailing lists set up by the author. Only the offeror of the site to
which reference is made, not that which refers through links to the publication
concerned is liable for illegal, erroneous or incomplete content or, in
particular, for loss, which may arise from the use or non-use of such
information.
3. Copyright and
labelling law
The author aims to
observe the copyright of the graphics, sound documents, video sequences and
text in all publications, to use the graphics, sound documents, video sequences
and text, which he has drawn up himself or to fall back on graphics, sound
documents, video sequences and text, which is free of licence rights.
All brands and
trade marks stated within the Internet presence and possibly protected by third
parties are unrestrictedly subject to the provisions of the current labelling
law and the right of ownership of the registered owner concerned. The
conclusion cannot be drawn that brand marks are not protected by the rights of
third parties solely due to mere statement.
The copyright of
published work created by the author himself remains solely with the author of
the site. Any duplication or use of such graphics, sound documents, video
sequences or text in other electronic or printed publications is not permitted
without the expressed approval of the author.
4. Data protection
Personal data such
as the name, address, telephone number or email address which we maintain,
collect and administer for our web activities in all countries appear in
adherence to the national laws concerning data protection and data security.
You shall
determine whether you wish to make personal data known to us or not, for
example, within the framework of a query or similar, or not. You can basically
always visit our Internet presence without depositing your personal data.
Generally your data are only sent by emails to the envisaged e-mail address and
not stored.
Your personal data
and information, which you make available to us shall be used only to answer
your query, to process your order, to co-ordinate delivery of the goods or to
process your payment. Furthermore, we shall use your data to inform you about
orders, special information or offers.
Furthermore, it
can be necessary for maintenance of the customer relations for us (or a third
party on our behalf) to use such data to inform you about our offers.
You can apply for
modification, deletion or blocking of stored data at any time by e-mail. User
profiles with or without a personal reference are not drawn up. Naturally we
shall respect it if you do not wish to transfer your personal data to us for
the support of our customer relations. We shall neither sell nor otherwise
market your personal data to third parties. We shall neither sell nor otherwise
market your personal data to third parties.
If you access our
web site, information shall be automatically collected which is not assigned to
a certain person (e.g. IP address, Internet browser and operating system; the
domain name for the web site from which you came; the number of visits, average
time spent, pages retrieved). An evaluation of the data shall take place only
in anonymous form. No cookies or active content shall be used. We use this
information to determine the attractiveness of our websites and to improve
their content.
Precautions are
taken to guarantee the security of your personal data. Your data shall be
protected conscientiously against loss, destruction, falsification,
manipulation or unauthorised access.
Our web pages
contain links to other web sites. We are not responsible for the data
protection strategies or the content of these other web sites.
We have an SSL
certificate for the secure data transmission between the web browser and
server. SSL (Secure Socket Layer) is a hybrid encoding protocol for data
transmission on the Internet through which any data access by third parties is
ruled out.
5. Legal
effectiveness of this exclusion of liability
This liability
exclusion shall be regarded as a part of the Internet presence from which
reference was made to this page. Inasmuch as parts or individual formulation of
this text should not, no longer or no completely correspond to the currently
valid legal situation, the other parts of the document are not affected in
their content or their validity.
