General Terms and Conditions
1. General points
1.1 Our deliveries, services and offers are based exclusively on these terms and conditions.
1.2 All present and future business relations shall be governed by our contractual terms and conditions as set out below, which also form the basis for our offers. Terms and conditions of the buyer that deviates from these terms and conditions shall not be binding for the contractual relationship, even if not explicitly rejected by us.
2. Formation of the contract
2.1 Our offers are non-binding. Orders and all supply contracts shall only become binding upon written confirmation from us.
2.2 Our sales staff are not authorised to make verbal ancillary agreements or to give verbal assurances that go beyond the content of the written contract.
3.1 Stated delivery dates are non-binding unless explicitly otherwise specified in the written order confirmation.
3.2 Impediments to delivery for which we are not responsible shall release us, entirely or in part, from the obligation to deliver.
3.3 We shall be entitled to refuse delivery for as long as the buyer is in default with an obligation, including obligations from other contracts.
4. Deliveries / payment within Germany
4.1 We deliver using UPS or DHL. For payment, we accept all major credit cards (Mastercard; Visa). Delivery is otherwise on the basis of prepayment or DHL cash on delivery.
4.2 All DHL deliveries are subject to a flat-rate freight charge of 4.90 euros, all UPS deliveries are subject to a flat-rate freight charge of 3.90 euros.
All UPS Express Saver deliveries are subject to a flat-rate freight charge of 8 euros.
4.3 Delivery is free of charge for order values of 50 euros or more.
5. Deliveries / payment in other EU countries
5.1 We deliver using UPS or DHL. We charge a flat rate for bank and transport charges regardless of the value of the goods. Payments by credit card (Eurocard; Visa) are also accepted.
6. Deliveries / payment outside the EU
6.1 Delivery is with UPS or DHL. All deliveries are plus actual freight costs (DHL or UPS). Payments by credit card are also accepted.
7. Retention of title and payment default
7.1 The goods sold remain our property until all receivables have been paid in full.
7.2 The buyer shall notify us without delay of any access by third parties to the goods and receivables belonging to the seller.
7.3 The exercise of retention of title does not mean withdrawal from the contract.
7.4 If the buyer defaults on payment, we shall be entitled to charge a flat rate of 5 euros for each written reminder. We reserve the right to bring claims for further loss caused by default.
8. Return costs upon withdrawal
8.1 The period for withdrawal or return is two weeks in accordance with section 355 I 2 BGB [German Civil Code].
No reasons need to be given for withdrawal, which is implemented by providing a written statement of withdrawal and returning the goods within two weeks of commencement of the withdrawal period. A form for withdrawal is also available to download. The buyer shall bear the direct costs of returning the goods.
9.1 All information about suitability, processing and use of the products, technical advice and other information are given to the best of our knowledge, but do not release the buyer from its duty to examine and inspect.
9.2 If the buyer is an entrepreneur, it must inspect the delivered goods immediately upon receipt for defects with regard to condition and intended use; otherwise, the goods shall be deemed to have been approved.
9.3 If the buyer is an entrepreneur, the warranty obligation shall be limited to replacement delivery, reduction of the purchase price or rectification of defects, at our discretion. Rejected goods may only be returned with our express consent.
9.4 We shall only be liable for claims for damages by the buyer if the damage has been caused by us or our vicarious agents intentionally or by gross negligence.
However, this shall not apply in the case of material contractual obligations or in the case of injury to life, limb or health. This shall not affect entitlements under the German Product Liability Act [Produkthaftungsgesetz].
10. Place of performance and competent courts
10.1 The place of performance for delivery is the registered office of the seller of the goods. The place of jurisdiction is the place of the registered office of the seller or, at the seller’s discretion, the general place of jurisdiction of the buyer. These Terms and Conditions and the entire legal relationship between the seller and buyer shall be governed by the laws of the Federal Republic of Germany. Conflict of laws provisions shall not apply.