General Terms and Conditions - Consumers

Table of contents

1. Offer and conclusion of contract
2. Documents provided
3. Prices and payment
4. Redemption of promotional vouchers
5. Offsetting and right of retention
6. Delivery time
7. Retention of title
8. Warranty and notification of defects
9. Miscellaneous

1) Offer and conclusion of contract

The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or by sending the ordered goods within this period.

2) Documents provided

We reserve the right of ownership and copyright to all documents - also in electronic form - such as calculations, drawings etc.. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in clause 1, these documents must be returned to us immediately.

3) Prices and payment

3.1 Our prices include value added tax. Delivery and shipping costs are (not) included in our prices.

3.2 Payment of the purchase price must be made to the account specified in the webshop or on the invoice or in cash. The deduction of a cash discount is only permitted with a special written agreement.

3.3 Unless otherwise agreed, the purchase price is payable within 30 days of invoicing. Interest on arrears shall be charged at a rate of 8% above the respective base interest rate per annum. We reserve the right to claim higher damages for default. In the event that we claim higher damages for default, the customer shall have the option of proving to us that the claimed damages for default were not incurred at all or were at least significantly lower.

3.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

3.5 Purchase on account applies to orders up to a value of €50. This payment option is only available for orders in this value range.

4) Redemption of promotional vouchers

4.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed with the seller during the specified period.

4.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

4.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

4.4 Only one promotional voucher can be redeemed per order.

4.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

4.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

4.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

4.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

4.9 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher with the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

5) Offsetting and rights of retention

The customer shall only be entitled to set-off if his claims have been legally established or are undisputed. The customer shall also be entitled to offset against our claims if he asserts notices of defects or counterclaims arising from the same purchase contract. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

6) Delivery time

6.1 Insofar as no expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.

6.2 The commencement of the delivery period stated by us presupposes the timely and proper fulfillment of the customer's obligations. We reserve the right to plead non-performance of the contract.

6.3 4 weeks after exceeding a non-binding delivery date/delivery period, the customer may request us in text form to deliver within a reasonable period. If we culpably fail to meet an express delivery date/delivery deadline or if we are in default for any other reason, the customer must set us a reasonable grace period to effect performance. If we allow the grace period to expire fruitlessly, the customer shall be entitled to withdraw from the purchase contract.

6.4 If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For his part, the customer reserves the right to prove that no damage at all or at least considerably less damage has been incurred in the amount claimed. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

6.5 Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.

7) Retention of title

7.1 We reserve title to the delivered goods until all claims arising from the delivery contract have been paid in full.

7.2 The customer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure it adequately at his own expense against theft, fire and water damage at replacement value (note: only permissible for the sale of high-value goods). If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must inform us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.

7.3 The treatment and processing or transformation of the purchased item by the customer shall always be carried out in our name and on our behalf. In this case, the expectant right of the customer to the object of sale shall continue in the transformed object. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same shall apply in the event of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer proportional co-ownership to us and shall keep the sole ownership or co-ownership thus created for us. In order to secure our claims against the customer, the customer shall also assign to us such claims which accrue to him against a third party through the combination of the reserved goods with a property; we hereby accept this assignment.

7.4 We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20%.

8) Warranty and notification of defects

8.1 Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate.

8.2 If the delivered item does not meet the subjective requirements listed below, the objective requirements or the assembly requirements, we shall be obliged to provide subsequent performance. This shall not apply if we are entitled to refuse subsequent performance on the basis of the statutory provisions.

The item does not meet the subjective requirements if it
a) does not have the quality agreed between the customer and us,
b) is not suitable for the use assumed under our contract and
c) is not handed over with the agreed accessories and the agreed instructions, including assembly and installation instructions.

Unless otherwise agreed between the customer and us in compliance with the applicable information and formal requirements, the item does not meet the objective requirements if it
a) is not suitable for normal use,
b) does not have the quality that is customary for items of the same type and that the customer can expect, taking into account the type of item and the public statements made by us or a third party.statements made by us or another link in the contractual chain or on their behalf, in particular in advertising or on the label,
c) does not correspond to the quality of a sample or specimen which we made available to the customer prior to conclusion of the contract and
d) is not handed over with the accessories including packaging, assembly or installation instructions and other instructions which the customer can expect to receive.

An effective agreement to the contrary between the Buyer and us regarding the objective requirements of the item presupposes that the Buyer was specifically informed before submitting his contractual declaration that a certain characteristic of the goods deviates from the objective requirements and that the deviation in this sense was expressly and separately agreed in the contract.

8.3 The customer shall initially have the choice of whether subsequent performance is to be effected by repair or replacement. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer are excluded. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If subsequent performance has failed or if we have refused subsequent performance altogether, the customer may, at his discretion, demand a reduction in the purchase price (reduction) or declare his withdrawal from the contract.
The customer does not have to set us a deadline for subsequent performance. As soon as the customer has informed us of the defect, a reasonable period has expired and no subsequent performance has taken place by then, the customer is also entitled to withdraw from the contract or to demand a reduction in price.

8.4 The customer may only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or we have refused subsequent performance. The customer does not have to set us a deadline for subsequent performance. As soon as the customer has informed us of the defect, a reasonable period has expired and no subsequent performance has taken place by then, the customer shall also be entitled to assert claims for damages. The right of the customer to assert further claims for damages under the following conditions remains unaffected.

8.5 The right of the customer to assert further claims for damages under the following conditions shall remain unaffected.

8.6 Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damage to life, limb and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage caused by negligence on our part.liability under the Product Liability Act, as well as for all damages resulting from willful or grossly negligent breaches of contract or fraudulent intent on the part of our legal representatives or vicarious agents.

8.7 We shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. Otherwise, we shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned.

8.8 Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

8.9 The warranty period is generally 2 years, calculated from the transfer of risk. If a defect has become apparent within the limitation period, the limitation period shall not expire before the expiry of four months after the time at which the defect first became apparent. If the customer has handed over the goods to us or to a third party at our instigation for subsequent performance, the limitation period for claims due to the asserted defect shall not expire before two months after the date on which the repaired or replaced goods were handed over to the customer. This period shall also apply to claims for compensation for consequential damage caused by a defect, provided that no claims in tort are asserted.

9) Miscellaneous

9.1 This contract and the entire legal relationship between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

9.2 Should individual provisions of these terms and conditions be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.