1. Scope of Validity
Our terms of delivery are governed exclusively by the following terms and conditions. Customers’ terms of business shall be binding upon us only if we have expressly accepted them in writing.
2. Conclusion of Contract
Our offers are subject to change as regards price, quantity, delivery time and ability to deliver. Presentation of the products in our online shop does not constitute a legally binding offer but merely a non-binding online catalogue. By clicking the “Buy” / “Checkout” button you are placing a binding order for the goods in your online basket. Acknowledgment of receipt of your order is sent along with the order acceptance by automated e-mail immediately you submit your order. The contract of sale is formed by that e-mail acknowledgment.
We endeavour to keep to agreed times for delivery. If the time for delivery is exceeded the customer is entitled and obliged to grant an appropriate extension. The customer does not have a right to rescind the contract or a right to compensation for non-performance due to late delivery or impossibility for which we are responsible until the extension of time granted has elapsed without result. Unforeseen events such as shortage of raw materials, transport disruptions, official orders, currency fluctuations, war, industrial disputes and other instances of force majeure shall release us from our delivery obligation for the duration of the disruption and to the extent of its impact. Events of this kind shall entitle us wholly or partly to rescind the contract.
4. Liability for Breach of Contract
Our liability for breaches of duty classed as ordinary negligence shall be excluded save if essential contractual duties, damage arising from injury to life, limb or health or warranties or claims under the German Product Liability Act are concerned.
The same shall apply to breaches of duty by our vicarious agents. If we negligently breach an essential contractual duty our liability for compensation shall be limited to the foreseeable damage typical of the contract.
We shall not be held liable for damage caused by business disruption, in particular due to force majeure and other events for which we are not responsible.
5. Withdrawal from Contract
In the case of sales contracts (multiple delivery contracts) if the customer has not called off the stipulated quantity within the time limit, we shall be entitled to rescind the contract in respect of the quantity not called off after granting an appropriate extension. If the purchaser defaults in payment
with respect to an earlier delivery by the time at which the call-off time limit expires, if the purchaser's financial circumstances deteriorate significantly giving reason to doubt its ability to pay or if an application has been made to open bankruptcy proceedings, we shall be entitled to withhold
delivery and set the purchaser a reasonable deadline for making advance payments or for providing securities. If that time expires without result we shall be entitled to rescind the contract.
6. Dispatch and Passing of Risk
The choice of shipping route and method of dispatch shall be made by us to the best of our judgment. We shall endeavour to take appropriate account of the customer's requests in this respect. In the case of purchase of consumer goods we bear the carriage risk; all other consignments are shipped at the customer’s risk including in the case of deliveries carriage paid. It is up to the customer to arrange transport insurance.
Our prices are ex works exclusive packaging, unless otherwise agreed. Increases and reassessments of the costs of production, sale, transport, etc. of the goods including public charges shall entitle us to increase our prices in the case of sales contracts (multiple delivery contracts). The same shall apply to deliveries not made until 4 months after the date of conclusion of contract. The calculation shall be based on the weights, measurements or unit numbers determined at our dispatch centre.
8. Payment Methods
We offer the following payment methods which are free of charge: credit card (VISA, MASTERCARD), payment in advance (transfer), payment on invoice, PayPal, immediate transfer.
Payment obligations are not deemed discharged until the countervalue of our claim is finally at our disposal. In the case of payment by credit card your credit card account will be debited upon completion of the order. Any discount will be granted only if there are no invoices outstanding. Otherwise only the terms of payment stipulated in the particular case shall apply.
10. Liability for Defects in the Case of Complaints about Defects
Complaints about defects can only be considered if the customer examines the goods without delay upon arrival at the agreed destination and notifies any obvious defects to us in writing within 10 days of arrival at the latest. If the customer fails to notify us or if the customer processes or uses the goods they shall be deemed accepted. In the event of a duly notified significant defect in the goods the first remedy available to the customer is to demand cure. If cure is unsuccessful the customer may demand a reduction in the purchase price or rescind the contract, at its option. Cure shall be deemed unsuccessful if it is impossible, seriously and finally refused, unreasonably delayed or attempted in vain. Processing of our goods takes place at the customer’s risk. Our advice on applications is without commitment including with regard to any third party proprietary rights and does not release the purchaser from the duty of checking that our products are suitable for its purpose. Application, use and processing of the products take place beyond our control and therefore come within the customer’s sphere of responsibility exclusively. Should there nevertheless be a question of liability, this shall be limited in respect of all damage to the value of the goods supplied by us and used by the customer.
11. Retention of Title
All goods supplied by us remain our property while we still have payment claims against the customer arising from business relations between us. The purchaser shall be entitled to work on, process and sell of the goods in the course of ordinary business. However, unusual disposals such as pledging, transfer of ownership by way of security, etc. are not permissible. Our retention of title also extends to products resulting from working up.
In the event of processing, combining or mixing of the goods supplied by us with material not belonging to us we shall acquire joint ownership of the products thus created in proportion to the value of our goods to the new thing. In such cases the customer shall be deemed the custodian of the goods on our behalf. Upon taking delivery of our goods the customer shall assign its claims against its customer arising from resale of the goods that are our property or joint property, along with all subsidiary rights, to us; but in the case of goods that are our joint property only up to the amount of the proportional value (invoice value) of our goods. The customer shall be authorised to collect the claims assigned to us as long as he fulfils its obligations towards us and does not suffer financial collapse. Upon request from us the customer shall give us the details necessary for collection and shall notify the debtor of the assignment. Third party seizure of goods that are our property or joint property and claims assigned to us shall be notified to us by the customer without delay. If the value of the claims assigned by us exceeds our claims against the customer by in total more than twenty per cent then we shall be obliged to release or reassign in the corresponding amount at the customer’s request. For this to happen, however, the customer must give us proof (amount, due date, etc.) of the claims assigned and produce a list of them.
12. Agreement on Bearing of Costs
If you exercise your right of withdrawal you are required to pay the standard cost of the return if the goods delivered are as per the order and the price of the item to be returned does not exceed the sum of EUR 40 or - in the case of a higher-priced item - if at the time of cancellation you have not yet paid the purchase price or a contractually agreed part payment. Otherwise, please give us a call.
Many of the products we supply carry one of our trademarks. If these products are processed,
the use of our trademarks in connection with the resulting product is permissible only with our prior written consent. That applies to all stages of processing.
14. Place of Performance, Place of Jurisdiction and Applicable Law
The place of performance for both parties’ obligations and the place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office in Ubstadt-Weiher for commercial transactions. That shall also be the venue for matters arising from cheques and bills of exchange. The contractual relationship shall be governed by German law.
15. Offsetting Ban
The customer may only set off our claims with claims that are undisputed or res judicata.
Addendum: The date indicated in the order acknowledgment determines the date of acceptance of the order, in the case of an invoice the date of delivery or performance, in the case of credits and debits the date of issue, unless otherwise stated.