- General: These General Terms and Conditions of Sale come into force with effect from 25.05.2018 and replace our previously valid General Terms and Conditions of Sale. Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. They shall also apply to future business relationships, even if they are not expressly agreed again. Deviations – in particular the validity of the buyer’s procurement regulations – require our express written acknowledgement and are otherwise rejected. Our offers are subject to change and verbal side agreements are only binding for us if we confirm them in writing or comply with them by sending the goods.
- Prices: Our prices are subject to change and apply exclusively to domestic requirements. The prices invoiced are always those valid on the day of delivery.
- Delivery: We deliver free domicile using the cheapest shipping route of our choice. Additional costs will be charged for special requests. All shipments travel at the expense and risk of the buyer. Delivery shall be deemed to have been fulfilled as soon as the goods have been duly handed over to the post office or parcel service. Orders are generally executed immediately. If, in individual cases, immediate delivery of the entire order is not possible, we reserve the right to make partial deliveries. A fixed delivery time shall only be regarded as binding if it has been agreed in writing. We shall be released from the obligation to deliver if our supplier fails to deliver or fails to deliver on time. We shall not be obliged to obtain supplies from external suppliers. Cases of force majeure – events which cannot be prevented by ordinary business management – shall suspend the contractual obligations of the parties for the duration of the disruption and to the extent of its effect. If the resulting delays exceed a period of 6 weeks, both contracting parties shall be entitled to withdraw from the contract with regard to the affected scope of services. No other claims shall exist. In the event of non-compliance with the terms of payment, our obligation to deliver shall be suspended.
- Payment: The individual or monthly collective invoices are due and payable within 14 days of the invoice date without any deductions, unless otherwise agreed: We grant a 1.5% discount for payment within 10 days and bank debit. If the deadline is exceeded, interest at the usual bank debit interest rate, but at least 4% above the discount rate and €2.50 reminder costs will be charged, subject to the assertion of further damages. A payment shall only be deemed to have been made when we can dispose of the amount. Payments are first credited to the costs, then to the interest and finally to the main service. We reserve the right to deliver against cash on delivery or advance payment in individual cases. Only undisputed or legally established claims shall entitle the purchaser to offset or withhold payment.
- Retention of title: The delivered goods shall remain our property until full payment of all our present and future claims arising from the business relationship, including ancillary costs and interest as well as balance claims from a current account relationship limited to the business relationship. The customer shall not be entitled to pledge the goods to third parties or assign them as security until all claims pursuant to para. 1 have been paid. In the event of foreclosure or other seizure or access by third parties to the reserved property, the customer is obliged to inform us immediately and to inform the third party immediately of our reserved property. If the customer acts in breach of contract, in particular in the event of default of payment, we shall be entitled to take back the purchased item. In this case, the customer shall allow us to have the object of purchase collected by an authorized person who may enter the customer’s business premises for this purpose without the collection being deemed to be prohibited personal authority. The customer is obliged to provide information about the whereabouts of the goods, provided that he does not thereby breach his duty of confidentiality pursuant to § 203 of the German Criminal Code (StGB). If we take back the purchased goods, this shall not constitute a withdrawal from the contract unless we have expressly declared this in writing. We shall be entitled to utilize the repossessed goods in the best possible way by private sale. The proceeds shall be credited against the customer’s liabilities after deduction of reasonable utilization costs and any value added tax to be paid, and any excess proceeds shall be paid out.
- Warranty: The buyer must inspect the goods immediately upon receipt, otherwise the goods shall be deemed approved. Complaints will only be considered if they are made in writing within 2 working days of receipt of the goods – in the case of hidden defects after discovery – and are accompanied by supporting documents. Our warranty is limited to taking back the goods in return for delivery of defect-free goods. If we do not deliver defect-free goods as a replacement within 3 weeks of the buyer’s request for a replacement delivery, the buyer shall be entitled to rescind the contract or reduce the purchase price at his discretion. Rejected goods may only be returned with our express consent.
- Returns: Properly delivered goods will only be taken back or exchanged by prior agreement. We reserve the right to destroy unsolicited returned goods without compensation. Otherwise, our separate returns policy applies.
- Data storage: Customer data is stored and processed to the extent necessary for business purposes and permitted under the GDPR. Further information on data protection can be found here: Data Protection
- Place of performance and jurisdiction: The place of performance for deliveries of goods, payments, other contractual services and jurisdiction, including actions on bills of exchange and checks, is Bielefeld. Local court, commercial register: HRB34060