Conditions of Use
1. Shipping conditions
Deliveries, services and offers are made exclusively on the basis of these terms and conditions. These therefore also apply to all future terms and conditions, even if they are not expressly agreed again.
1.1. Offers contained in brochures, catalogues, advertisements, etc. are subject to change and non-binding, including with regard to price information. We reserve the right to make technical changes and changes to shape, colour and/or weight within reasonable limits. We are bound to specially prepared offers for two weeks.
1.2. The customer's declaration is binding upon ordering goods or placing a repair order. We are entitled to accept the contractual offer contained in the order or repair order within two weeks of receipt. Acceptance can be declared either in writing or by delivering the goods to the customer.
1.3. The conclusion of the contract is subject to correct and timely delivery by our suppliers. This only applies in cases where we are not responsible for the non-delivery, in particular when a congruent covering transaction has been concluded with our supplier. The customer will be informed immediately of the non-availability of the service. The consideration will be refunded immediately.
1.4. The calculation is based on the prices in euros ex warehouse Cologne valid on the day the order is received. If there are more than four months between the conclusion of the contract and the agreed and/or actual delivery date, our prices valid at the time of delivery or provision shall apply; if the latter prices exceed the initially agreed prices by more than 10%, the customer is entitled to withdraw from the contract.
1.5. Postage and packaging costs shall be borne by the purchaser or customer.
1.6. If the client does not expressly specify the transport route, shipping and packaging type, we are entitled to arrange the necessary measures. In this case, the risk of transport shall be borne by the client, unless it can be proven that we acted with intent or gross negligence in choosing the measure in the event of damage occurring.
1.7. Shipment is always at the expense and risk of the recipient. Returns are at the risk of the sender. If goods are received by post, rail, etc., the customer is obliged to request a report and, if necessary, compensation from the railway or postal service in order to preserve their right to compensation.
1.8. The return of ordered and already delivered goods that are free of defects is excluded. Cancellations of special orders are generally not possible.
1.9. If we are unable to deliver an ordered item or spare part in the version requested by the customer, we may offer the customer a service of equivalent quality and price, provided this is reasonable for the customer.
1.10. If additional work proves necessary during the execution of a repair order and the client cannot be reached at short notice to obtain their consent, we are entitled to carry out this work without the client's consent if the price to be paid is only slightly exceeded or if the execution of this work is in the presumed interest of the client. Normally, the client's consent is required for any extension of the order.
1.11. If we claim damages for non-acceptance, these shall amount to 20% of the purchase price excluding VAT in the case of the purchase of goods. The amount of damages shall be set higher or lower if we prove higher damages or the buyer proves lower damages. We may invoke the relaxation of the burden of proof under Section 287(2) of the German Code of Civil Procedure (ZPO) vis-à-vis the buyer.
2. Payment conditions
2.1. All prices are gross prices (i.e. including 19% VAT) – without discounts or other reductions – ex warehouse Cologne. If no cash on delivery or advance payment is made, our invoices are payable as follows:
10 days after invoice date 2% discount from 50 €.
30 days after invoice date net Repair invoices are payable immediately and without deduction.
2.2. The agreed prices for repairs apply ex workshop, excluding packaging and loading costs. The agreed price is payable without deduction.
2.3. We expressly reserve the right to refuse cheques and bills of exchange. Acceptance is always on account of payment only. Discount or bill charges shall be borne by the customer and are due immediately. Bill payments are not considered cash payments and do not entitle the customer to a cash discount. Discount and bill charges as well as bill tax shall be borne by the debtor and are payable immediately without deduction.
2.4. We are entitled to offset payments against the customer's older debts first, notwithstanding any provisions to the contrary on the part of the customer. We will inform the customer of the type of offsetting that has taken place. If costs and interest have already been incurred, we are entitled to offset the payment first against the costs, then against the interest and finally against the principal performance.
2.5. Invoices under 25 € are payable immediately.
2.6. If the buyer or client defaults on payment, we may – apart from the rights to which we are entitled under Section 321 of the German Civil Code (BGB) – demand that the customer pay all outstanding invoice amounts without notice, so that in the event of default, any payment terms – including those for other invoices – shall cease to apply.
2.7. During the period of default, the consumer shall pay interest on the debt at a rate of 5% above the base rate, and the entrepreneur shall pay interest at a rate of 8% above the base rate. We expressly reserve the right to claim higher damages in both cases.
2.8. The customer shall only be entitled to offset claims if their counterclaims have been legally established or recognised by us. The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
3. Place of performance and retention of title
3.1. The place of performance for delivery and payment is Cologne.
3.2. We reserve the inalienable title to all goods delivered by us until payment of our total claims arising from the business relationship or settlement of any current account balance – in the case of bills of exchange or cheques, until they have been honoured.
3.3. We shall be entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment or a breach of the obligations under clauses 3.4 or 3.5 of this provision.
3.4. The customer is obliged to treat the goods with care. The customer must notify us immediately of any damage or destruction. The customer must notify us immediately of any change in ownership of the goods or change of residence.
3.5. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the customer shall be liable for the loss incurred.
3.6. If the customer is an entrepreneur, they are entitled to resell the purchased item in the ordinary course of business; however, they hereby assign to us all claims in the amount of the final invoice amount (including VAT) of our claims, which accrue to them from the resale against their customers or third parties, irrespective of whether the purchased item has been resold without or after processing. The customer remains authorised to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets their payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of bankruptcy, composition or insolvency proceedings has been filed or payments have been suspended. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtor (third party) of the assignment.
3.7. We undertake to release the securities to which we are entitled at the customer's request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is at our discretion.
3.8. The processing and treatment of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If processing is carried out with items that do not belong 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 items. The same shall apply if the goods are mixed with other items that do not belong to us.
4. Acceptance of the shipping & payment conditions
By placing an order, the purchaser or client accepts the above terms of shipping and payment.
5. Warranty
5.1. Obvious defects must be reported to us in writing within a period of two months, or within two weeks if the customer is an entrepreneur, after their discovery and described as precisely as possible. This does not apply in the event of fraudulent intent on our part. The object of the order must be handed over to us immediately after a defect has been discovered for the purpose of inspection.
5.2. If the buyer or client gives us special instructions regarding design or materials, liability for material defects pursuant to Sections 433, 434, 633, 634 of the German Civil Code (BGB) shall not apply if the defect is attributable to these special instructions. However, we are obliged to point out any risks and restrictions that are apparent to us with regard to the normal or contractually agreed use of the specified design or the processing of the specified material.
5.3 If the customer is an entrepreneur, subsequent performance in the case of the purchase of goods shall be effected at our discretion by repair or replacement. If the buyer is a consumer, they shall first have the choice of whether the subsequent performance should take the form of repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance does not entail any significant disadvantages for the consumer. If the subsequent performance fails, the customer shall be entitled to further statutory rights.
6. Total liability
6.1. In the event of slightly negligent breaches of duty, our liability shall be limited to the average damage that is foreseeable, typical for the contract and direct, depending on the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
6.2. The limitations and exclusions of liability do not apply to claims arising from our fraudulent conduct, that of our legal representatives or our vicarious agents, as well as to liability for guaranteed characteristics, claims under the Product Liability Act and damage resulting from injury to life, limb or health.
6.3. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, representatives and vicarious agents.
7. Data protection
In accordance with Section 33 of the Federal Data Protection Act, we hereby point out that the contract data is stored in a data processing system. It is ensured that this stored data is not disclosed to unauthorised persons.
8. Applicable law, place of jurisdiction, partial invalidity
8.1. These terms and conditions and all legal relationships between us and the customer are governed by the law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
8.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, Cologne shall be the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, we are also entitled to sue the customer at their place of residence.
8.3. Should any provision in these terms and conditions or any agreement within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
We cannot accept any liability for damage caused during repair due to brittleness of the material or stress cracks.
All prices include VAT.
Subject to technical changes and prices.