The following terms and conditions of sale apply to all our business relations with our customers ("Buyer"). The Buyer's terms and conditions of purchase shall only become part of the contract with our express consent. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the Buyer without reservation in the knowledge of the Buyer's GTC.
1. Delivery
(1) Unless otherwise agreed, delivery shall be made by sending the goods to the buyer. We deliver free of charge from a net goods value of € 125.00. If this value is not reached, we charge € 9.95 shipping costs. The buyer leaves the choice of shipping method to us.
(2) The dispatch of our goods shall be at the risk of the buyer.
(3) Binding delivery dates or fixed delivery periods shall only exist if we have expressly confirmed them. Our delivery is subject to proper and timely delivery to ourselves.
2. Prize
Unless otherwise agreed in individual cases, the prices valid at the time of conclusion of the contract shall apply in accordance with our price list, plus VAT.
3. Payment
The purchase price is due and payable within 10 days of the invoice date and delivery of the goods. After issuing a SEPA direct debit mandate, we grant a 2% discount.
4. Liability
(1) We shall be liable for damages - irrespective of the legal grounds - without limitation in the event of intent and gross negligence. In the event of simple negligence, we shall only be liable for damages arising from injury to life, limb or health and for damages arising from the breach of a material contractual obligation (i.e. an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Buyer regularly relies and may rely); in the latter case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.
(2) The above limitations of liability do not apply to claims of the buyer under the Product Liability Act. They shall also not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The special statutory provisions in the case of final delivery of the goods to a consumer (supplier recourse) shall also remain unaffected.
5. Limitation period
(1) The limitation period for claims arising from material defects and defects of title is one year from delivery. The same limitation period shall also apply to contractual and non-contractual claims for damages of the buyer based on a defect of the goods.
(2) The limitation period according to paragraph (1) shall not apply in the case of intent and gross negligence, in the case of injury to life, body or health or if we have assumed a guarantee for the quality of the goods or have fraudulently concealed a defect. The special statutory provisions in the case of final delivery of the goods to a consumer (supplier recourse) shall also remain unaffected.
6. Force majeure
Impediments to delivery due to force majeure or due to unforeseen events for which we are not responsible, such as operational disruptions, strike, lockout, official orders, subsequent discontinuation of export or import possibilities as well as our own reservation of supply in accordance with Clause 1, Paragraph (3) shall release us from the obligation to comply with any agreed delivery times for the duration and to the extent of their effects. They also entitle us to withdraw from the contract without the buyer being entitled to damages or other claims as a result.
7. Retention of title
(1) Delivered goods shall remain our property until full payment of all present and future claims arising from the business relationship with the buyer. During the existence of the reservation of title, the buyer shall treat the goods with care and insure them at his own expense against damage by natural forces and theft at replacement value. In the event of damage to or destruction of the goods, the buyer already assigns to us the claims for compensation against the insurer arising in that case.
(2) The buyer is revocably authorised to sell the goods subject to retention of title ("reserved goods") in the ordinary course of business; the buyer assigns to us any claims arising from the resale. We accept this assignment.
(3) Irrespective of our authority to collect the claim ourselves, the buyer shall remain authorised to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long and insofar as the buyer meets his payment obligations, no application for the opening of insolvency or similar proceedings has been filed and there is no cessation of payments.
(4) If third parties assert rights to the reserved goods, the buyer is obliged to inform us immediately.
(5) Advertising objects (e.g. sales stands) and decorative items provided by us shall remain our property and shall be returned to us at any time upon our request.
8. Set-off and retention
The buyer shall only be entitled to rights of set-off or retention insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the counter rights of the buyer shall remain unaffected.
9. Collection
Our field staff do not have collection authority.
10. Place of performance, choice of law, place of jurisdiction, severability clause
(1) The place of performance for the delivery (including any subsequent performance) and the payment of the purchaser is our place of business, currently Egelsbach.
(2) The contractual relationship between us and the Buyer shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) The exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office, subject to any exclusive jurisdiction established by law. However, we are also entitled to assert claims against the buyer at the court responsible for the buyer's registered office or a branch office.
(4) Should individual provisions of the contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of the contract.
Status: May 2022