General conditions of contract conclusionOur services and deliveries are made exclusively on the basis of the following conditions. The buyer's terms and conditions of purchase are hereby rejected. They are not considered recognized even if we do not expressly contradict them as soon as we become aware of them.
Our offers are non-committal and non-binding. Orders are only considered accepted if we have confirmed them in writing. Verbal side agreements are ineffective.
The agreed prices are based on the economic conditions at the time the delivery contract was concluded. If these change later with a detrimental effect on our production costs, we reserve the right to make an appropriate price adjustment for the parts of the order that have not yet been completed. If the customer does not agree to the new prices, he is entitled - to the exclusion of claims for damages - to cancel the remaining quantities of his order that have not yet been delivered.
*The prices are generally in euros. The statutory sales tax at the applicable rate is included in the displayed price (currently 19% VAT).
The prices apply ex factory uninsured and exclusive of packaging.
Terms of payment
Unless otherwise agreed, our invoices are due for payment immediately.
Should we become aware of circumstances between the offer and the delivery which are likely to reduce the creditworthiness of the customer, we can request advance payment. Payments for deliveries abroad have to be made in the form of an irrevocable, confirmed letter of credit. If the target is exceeded, interest and commission will be charged according to the respective bank rates for overdrafts from the due date, but at least interest of 8 percentage points above the respective base rate.
All our claims, regardless of the term of any accepted and credited bills of exchange, are due immediately if the terms of payment are not adhered to or if we become aware of circumstances that are likely to reduce the creditworthiness of the customer. We are then entitled to make outstanding deliveries only against advance payment and to withdraw from the contract after a reasonable grace period.
We are entitled to offset all claims to which we are entitled against the customer - for whatever legal reason - against all claims of the customer against us. If the claims are due differently, our claims are due no later than the due date of our liability and settled with the value date.
Our customers can only offset their own claims against us if these claims are undisputed or have been legally established.
Payment through a payment service provider
Should you opt for payment through a payment service provider such as PayPal, we reserve the right to pass some of the fees charged on to you.
Our customers can only assign claims against us with our consent.
Reservation of ownership
The delivered goods remain our property until all claims from our business relationship with the customer have been paid in full and the bills of exchange and checks given for them have been redeemed. The setting of individual claims in a current invoice, as well as the balance drawing and its recognition do not affect the reservation of ownership.
The customer is entitled to resell the goods subject to reservation of ownership in the normal course of business, but is not permitted to pledge or transfer ownership by assignment as security. The customer's claims from the resale of the reserved goods are now assigned to us. We accept the assignment. These claims serve as security to the same extent as the reserved goods. The customer is entitled to collect these claims as long as he fulfills his obligations towards us. At our request, the customer is obliged to indicate the third party debtors and to notify them of the assignment.
If the buyer has agreed upon a current account with his customer, the customer assigns the final balance in his favor to us. We accept this assignment. Any processing of the reserved goods will be carried out by the customer for us without incurring any obligations. If the reserved goods are processed or combined with other items, our ownership does not expire as a result, but we become co-owners of the new items in the ratio of the invoice value of our reserved goods to the other processed goods. If the goods subject to reservation of ownership are resold after being processed or combined with other goods, the above-agreed condition shall only apply to the amount of the invoice value of the goods subject to reservaion of ownership.
The customer must inform us immediately of any foreclosure measures taken by third parties in relation to the goods subject to reservation of ownership or in the claims assigned in advance, handing over the documents necessary for an intervention.
Trade mark rights
If we have to deliver items based on the purchaser's drawings or samples, the purchaser fully guarantees that the production and delivery of these items does not violate third-party property rights, either directly or indirectly. Our drafts in the form of drawings, samples or original pieces may not be made available to third parties either in the original or in photocopies. We reserve the sole right of execution and copyright for our designs. Samples produced on request will be charged; however, this does not affect our copyright.
Place of fulfillment and place of jurisdiction
The place of fulfillment for the buyer's obligation to pay and the place of jurisdiction for both parties to the contract is our headquarters in Castrop-Rauxel. We are also entitled to sue our customer at his general place of jurisdiction and to bring an action to the local court / regional court regardless of the value of the subject of the dispute.
Execution of deliveriesThe delivery times begin on the date of our order confirmation. Delivery times and dates relate to the time of dispatch from the factory. They are deemed to have been met when the goods are ready for dispatch. If we are in default, our customer can withdraw from the contract after a grace period set for us if the goods have not been reported as ready for dispatch by the deadline.
Events of force majeure entitle us to postpone delivery for the duration of the hindrance and an appropriate start-up time. If the execution of the contract becomes unreasonable for one of the parties, they can withdraw from the contract. All circumstances that make delivery significantly more difficult or impossible for us are equal to force majeure, such as strikes, lockouts or operational disruptions of any kind, as well as obstructions to the traffic routes, regardless of whether these circumstances occur with us, with our primary material supplier or another sub-supplier.
Defects, delivery of goods not in accordance with the contract
If the delivered goods are defective or lack the guaranteed properties, our customer can request supplementary performance, which, at our option, consists of either the removal of the defect or the delivery of a defect-free item. The discovery of defects must be communicated to us in writing immediately, in the case of recognizable defects within 2 weeks after receipt of the goods, in the case of hidden defects immediately after they are recognized. The warranty period is 24 months. It begins on the day on which the goods were delivered.
Without prejudice to our customer's claims under the guarantee, we are only liable for breaches of duty if our legal representatives or senior vicarious agents have acted willfully or with gross negligence. In the case of simple vicarious agents, our liability is excluded, unless they were acted with intent. The above exclusions of liability do not apply to injury to life, body or health. Except in the case of injury to life, body or health, our liability is limited to the negative interest in compensation instead of performance as well as damage caused by delay, to the amount of the purchase price in the case of compensation for performance not or not as owed. If our customer's claim to performance is excluded because this is impossible for us or for anyone, our customer cannot demand compensation.
Unless otherwise agreed, we will choose the transport route and means of transport at our discretion. Unless otherwise agreed, shipping is carried out for the account of the customer. We do not provide a transport insurance.
For private customers:
The legal regulations according to the BGB apply.
For business clients:
When the goods are handed over to the forwarding agent or carrier, but no later than when they leave the factory, the risk is transferred to our customer.
When commissioning a transport company by the customer:
Goods that are reported as ready for dispatch must be requested from us immediately, but no later than within one week. Otherwise, we are entitled to choose to either dispatch the goods or to outsource them at the expense of the customer.
Applicable law; law enforcement costs
Business relationships with us are covered exclusively by German law. If our customer is based abroad and we incur legal prosecution costs abroad, our customer must reimburse us for all legal prosecution costs, both judicial and extrajudicial.
The possible ineffectiveness of one or more provisions of these general terms and conditions does not affect the effectiveness of the remaining provisions.
The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr.
You can find our email address in the legal notice.
We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.