§ 1 Scope
These terms and conditions apply to the sale of consumer goods. Consumer purchases are contracts by which a consumer buys a moveable item from an entrepreneur. A purchase of consumer goods is also a contract which, in addition to the sale of a moveable object, involves the provision of a service by the trader. They also apply to works contracts for which the purchase right applies pursuant to § 651 BGB.
§ 2 Privacy
The collected personal data of the buyer are used for the purpose of the contract execution and the processing of the inquiries of the buyer. Processing and use of the data for purposes of consultation, advertising and market research is only with the express consent of the buyer.
§ 3 Note according to § 36 Consumer Dispute Settlement Act (VSBG)
The seller will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.
§ 4 Conclusion of contract
(1) Both sides are bound to binding offers for a period of 2 weeks. A contract is concluded when the other side accepts a contract offer. A contract is also the result of the seller executing a delivery on order of the buyer.
(2) The buyer may transfer rights and obligations arising from the contract, including claims arising from material defect liability, to third parties only with the seller's written consent.
(3) The seller or his supplier has a copyright on the drawings and documents handed over to the buyer.
§ 5 Obligations of the seller
(1) Changes in the design and shape of the goods sold, variations in color and changes in the scope of delivery by the manufacturer remain reserved during the delivery time, provided the changes or deviations are reasonable taking into account the interests of the seller for the buyer.
(2) Delivery periods begin with the conclusion of the contract. If a delivery time is neither determined nor deducted from the circumstances, the buyer can only demand the immediate delivery of the purchased item. In this case, the seller must hand over the purchased item to the buyer no later than 30 days after conclusion of the contract. If subsequent contract changes are agreed, the delivery periods shall be extended by the same period of time between the conclusion of the contract and the amendment of the contract, unless the parties have agreed otherwise.
(3) The seller shall not be in default on the agreement of a non-binding delivery date or a non-binding delivery period, or in the absence of a corresponding agreement with its delivery obligation, if it has been reminded by the buyer. If a binding delivery date or a binding delivery time is exceeded, the seller is already in default by exceeding the deadline or the deadline.
(4) Force majeure or malfunction of the seller or its suppliers, e.g. through turmoil, strike, lockout, which temporarily prevent the seller without fault of his own, to deliver the purchased item by the agreed date or within the agreed period, change the agreed dates and deadlines once for the duration of the disruption caused by this circumstance. If a performance interruption leads to a delay of more than four months, the buyer can withdraw from the contract. A previous period of grace by the buyer is not required in this case. The seller can only invoke the said circumstances if he informs the buyer immediately about the unavailability. Other rights of withdrawal remain unaffected.
(5) In the event of default by the seller, the buyer may demand compensation for damage caused by delay. In case of slight negligence of the seller or his vicarious agents, the claim is limited to a maximum of 5% of the purchase price. The limitation of liability does not apply to damages resulting from injury to life, limb or health.
(6) In addition, if the buyer wishes to withdraw from the contract and / or assert damages in lieu of performance, he must grant the seller a reasonable grace period for delivery. The deadline set by the buyer is unnecessary under the conditions specified in § 323 Abs. 2 and § 281 Abs. 2 BGB.
§ 6 shipping
(1) If the transfer is not to be effected at the legal place of performance, this must be expressly agreed upon. The buyer bears the transport costs, if the purchase thing is sent to a place other than the legal place of fulfillment. Packaging costs are only charged if the goods to be transported require packaging or, if appropriate, a nautical packaging for safe transport or if the buyer so wishes. The costs of transport insurance, loading and transfer as well as agreed ancillary services are to be borne by the buyer. If the buyer does not explicitly stipulate the route of transport, shipping or type of packaging, the seller is entitled to take the necessary measures taking into account the alleged interests of the buyer.
(2) The risk is transferred to the buyer when the goods are shipped with the handover to the buyer. In addition, the risk of accidental loss and accidental deterioration shall pass to the buyer only if the buyer has commissioned the shipper, the carrier or the person or institution otherwise responsible for carrying out the shipment and the seller shall charge that person to the buyer or institution has not previously named.
§ 7 Obligations of the buyer
The buyer has to pay the agreed purchase price, unless otherwise agreed, at the time of delivery of the purchased item. Payments must be made free of charge. The service is only provided with the credit note in the account of the seller. The receipt of checks or bills of exchange is only on the basis of special agreement on account of payment. The buyer can only set off against claims of the seller if the counterclaim of the buyer is undisputed or recognized or a legally valid title exists; A right of retention can only be asserted by the buyer insofar as it is based on claims arising from the contract. If the buyer does not respond to a reminder from the seller after the due date, he will be in default by the reminder. The buyer is also in default if he does not pay within 30 days of the due date and receipt of an invoice, provided that such legal consequences are expressly noted on the invoice. The buyer is not in arrears, as long as the payment is omitted as a result of a circumstance, which he is not responsible.
§ 8 acceptance
(1) The Buyer has the right to inspect the purchased item within 8 days after receipt of the notification of availability at the agreed place of takeover. The buyer is obliged to take over the defect-free purchase object within the aforementioned period and, unless otherwise agreed, to pay the agreed purchase price. If the purchased item is directed by the purchaser or his authorized representative during a test drive before acceptance, the purchaser shall be liable for any damage caused to the item purchased, if caused intentionally or through gross negligence.
(2) In the case of non-acceptance, the seller is entitled to the legal rights. If the seller receives damages instead of performance, this amounts to 15% of the agreed purchase price. The buyer is allowed to prove that the seller has not incurred any damage or significantly lower damage. The seller is allowed to prove that a higher damage has occurred.
§ 9 Material defect liability
(1) If the purchased item is defective, then the buyer may, at his choice, first demand supplementary performance in the form of rectification or subsequent delivery. The seller will first try to eliminate the defect and offer it to the buyer. The seller can refuse the type of subsequent performance chosen by the buyer if it is only possible with disproportionate costs. In particular, the value of the purchased item in immaculate condition, the importance of the defect and the question to be considered whether the other type of subsequent performance could be used without significant disadvantages for the buyer.
(2) The parts replaced by supplementary performance become the property of the seller.
(3) Claims of the buyer due to material defects become statute-barred on new purchased goods and new ships in 2 years, on used purchased goods and on used ships in 1 year, calculated from handover. Insofar as the seller has assumed a guarantee or has fraudulently concealed a defect, the limitation of limitation does not apply. The limitation of the statute of limitations does not apply to claims for damages arising from material defect liability, which are based on an intentional or grossly negligent breach of duty by the seller, a legal representative or vicarious agent of the seller. Furthermore, the limitation of limitation does not apply to damages resulting from injury to life, limb or health, which are based on an intentional or negligent breach of duty by the seller, a legal representative or vicarious agent of the seller.
§ 10 Retention of title
The seller reserves ownership of all purchased goods until full payment of the purchase price.
The seller may reclaim the purchased item if he has withdrawn from the purchase contract
The buyer bears the costs of the return and the utilization of the purchase thing. The recovery costs amount to 5% of the realization proceeds without proof. The buyer is allowed to prove that no costs of utilization or significantly lower costs of use have arisen. The seller is allowed to prove that higher recovery costs have arisen.
The buyer is obliged to inform the seller of access by third parties to the goods delivered under retention of title - e.g. of garnishments, of exercising the business lien of a workshop - to notify immediately. He has to inform the bailiff or other third parties about the property rights of the seller and to notify the seller in writing by sending the pledge log. He bears all costs that must be incurred to lift a lien and the replacement of the purchased goods, and has to compensate for all damages resulting from access to the purchased goods, as far as costs and damages can not be recovered by third parties. As long as the retention of title exists, a sale, a pledge, a transfer by way of security or leasing of the object of sale as well as a change of its regular location are only permitted with the prior written consent of the seller.
The buyer is obliged to keep the purchased item in good condition for the duration of the retention of title and to have all scheduled maintenance work and necessary repairs carried out by the seller or a workshop appointed by the seller, except in the case of emergencies.
§ 11 Liability
(1) The seller is liable for damages caused by slight negligence. A liability of the seller exists only in the case of breach of essential contractual obligations, such as the sale contract to the seller just wants to impose its content and purpose or the fulfillment of the proper execution of the purchase contract in the first place and the compliance of which the buyer regularly trusts and trust , For slightly negligent breaches of duty, the liability of the seller is limited to the predictable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the seller. The same applies to damage caused by a material defect.
(2) The limitations of liability and disclaimers shall not apply to claims which have arisen due to a warranty accepted by the seller or a defect fraudulently concealed by the seller. Furthermore, they shall not apply to claims based on an intentional or grossly negligent breach of duty by the seller, a legal representative or a vicarious agent, or for damages resulting from injury to life, limb or health resulting from a willful or negligent breach of duty by the seller, a legal representative or a vicarious agent. The limitations or exclusions do not apply to claims under the Product Liability Act.
(3) The liability of the seller for delay in delivery for compensation for the damage caused by delay, with the exception of the compensation instead of the performance, is finally concluded in § 4 prov. (5) of these terms and conditions.
(4) Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of the employees, employees, representatives and vicarious agents of the seller.
§12 jurisdiction
Court of jurisdiction is 56112 Lahnstein
payment
If invoices from deliveries and services are paid via the SEPA-BASIS direct debit procedure or company direct debit procedure, the customer receives advance information on the direct debit collection no later than one day before the due date. By submitting the invoice to be collected, the preliminary information is considered to have been made.
As of 01.01.2018
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