Terms & Conditions
Terms & Conditions
CEO: Dipl.-Wirtsch.-Ing. Jens S. Roehrssen
Tel. +49 (0) 421 277 9999
Fax +49 (0) 421 277 9998
- subsequently called saleswoman -
1. Contractual basis
1.1 On all contracts the customer (consumer or entrepreneur) concluds with the saleswoman, only these general business terms are at the bottom of it. The customer acknowledges these with his order explicitly.
1.2. Consumer is every individual person, who concluds a transaction for a purpose, that neither can't be attributed to his autonomous nor professional job.
1.3. Entrepreneur is an individual person or a legally responsible joint partnership, which on acquisition of a transaction acts in practice of his professional or autonomous job.
2. Contract formation
2.1. The presentation of the goods, especially on the Internet, doesn't represent a definite bargain of the saleswoman.
2.2. By clicking the button "In den Warenkorb" the chosen goods will be placed in the shopping cart. In the following step "Kasse" the purchase order starts, in which all necessary data will be collected to fulfill the purchase order and the general business terms by clicking on the check mark right before the hint "Ich akzeptiere die allgemeinen Geschäfts- und Lieferbedingungen" are to be accepted. At the end of the process of purchase order a summary of the order and contract dates appears. Not until after confirmation of these order and contract dates by clicking on the Button "zahlungspflichtig bestellen" you give off a mandatory bid of the goods included in your purchase.
2.3. A contract only achieved by written order acknowledgement by the saleswoman.
2.4. All transacted entries will be displayed in a confirmation window before clicking on the order button and can be edited by the customer before the contract will be concluded.
2.5. The contract text of the respectively concluded contract between saleswoman and customer will be saved by the saleswoman. The contract text will be stored on the internal systems of the saleswoman. The general business terms can be viewed by the customer every time on this site. The order data, the cancellation policy as well as the general business terms will be send to the customer by E-Mail. After acquisition of the purchase order the contract text won't be accessable through the Internet anymore.
2.6. English and German are available as language for the contract.
3. Delivery conditions
3.1. Deliveries take place worldwide. Provided that the delivery isn't send to a non-EU-Nation, additional tariffs, taxes or fees are probably to be payed by the customer, not to the vendor, but rather to the local tariff and fiscal authorities. It's recommended for the customer to ask the tariff and fiscal authorities for details before purchase order.
3.2. Should any additional costs occur for the saleswoman because of stating a false delivery adress or false adress data, then these costs are to be compensated by the customer, except he is not representative for the false statement.
4. Payment terms
4.1. The purchase price is directly payable upon formation of the contract.
4.2. All prices are to be understood as final purchase price including legal sales tax.
4.3. All delivery charges, especially packaging, cost of transport and delivery occur, if not agreed else, at the customer's charge.
4.4. The customer is indentured on arrears to pay default charges equivalent to 5 percent over the base rate to the saleswoman, if he's a consumer (§ 13 BGB). Should the customer be an entrepreneur (§ 14 BGB) the default charges amounts to 9 percent over the base rate.
4.5. Regardless of point 4.4. it's notwithstanding for the saleswoman to prove a higher damage caused by delay as well as other damage.
5. Reservation of ownership
5.1. The saleswomen reserves the ownership of the goods until complete payment of all demands according to the delivery contract. The saleswoman is authorized to withdraw the goods, if the customer acts contrary to agreement.
5.2. Towards entrepreneurs applies the following:
5.2.1. The customer is indentured to, as long as the ownership has not yet merged on him, to handle the bargain carefuly. He's especially indentured to insure these on one's own account against damage by larceny, fire or wate rsufficiently from the beginning (hint: only valid on purchase of valuable goods). If maintenance and inspection work has to be done, then the customer has to execute them on his own costs just in time. The customer is obliged, as long as the ownership has not yet been transferred, to notationally acquaint the saleswoman immediately, if the delivered item has been distrained or is suspended by interventions of third parties. As long as the third party isn't able to compensate judicial and extrajudicial costs of a lawsuit according to § 771 ZPO the customer has to be held responsible for the deficit that happened to the saleswoman.
5.2.2. The customer is authorized to resale goods subject to retention of title in normal business transactions. The claims of the resale of the goods subject to retention of title are to be relinquished by the customer to the saleswoman equivalent to the agreed final invoice amount (including betterment tax) already. This act of transfer applies no matter if the goods have been sold without or after processing. The customer is authorized for redemption of the claim after act of transfer too. The authority of the saleswoman to collect the claim on her own stays untouched by that. The saleswoman won't withdraw collecting the claim, as long as the customer fulfills his payables of the co-opted income, not being in default and especially not being in a petition for insolvency proceedings or a cessation of payment exists.
5.2.3.The process and editing or reorganization of the goods by the customer always occur by the name and order of the saleswoman. In this case the expectancy of the customer on the goods that has been reorganized continues. Provided that the goods along with other items, not owned by the saleswoman, are being processed then the saleswoman acquires a coparcenary of these new goods in relation of the objective value of our goods to the other arranged items at the time of processing. The same applies for the case of blending. Provided that the blending occurs in the way that the matter of the customer will be seen as essential, it is considered that the customer transferes coparcenary to the saleswoman and that the resulting sole ownership or coparcenary for the saleswoman will be coffered by the customer. As a backup concerning the claim of the saleswoman against the customer the customer conveys even those claims to the saleswoman, which arise for him through the connection of the goods subject to retention of title with a property against a third party; the saleswoman accepts this assignment now already.
5.2.4. The saleswoman obliges to release her own certainties on request by the customer, insofar as her value surpasses the ensuring claims by 20 %.
6.1. The legal provisions apply tegarding the guarantee, provided that nothing else has been has agreed as stated in 6.2. to 6.4..
6.2. The statute of limitation of the charges from the materials defect liability amounts to 24 months and begins with the transfer of the goods to the customer. The statute of limitation amounts to 12 months upon delivery of the goods, should the customer be entrepreneur (§ 14 BGB).
6.3. The warranty period amounts to, differing from the legal regulations, one year upon delivery of the goods in case of used goods. The shortened annual warranty period doesn't apply on damage done by the customer resulting in infringement of life, of the body or health and due to reckless or intentionally done damage or by malevolence of the vendor as well as claims provided by §§ 478, 479 BGB.
6.4. Concerning salesman legal regulation apply as well as investigation obligation and complaint obligation according to HGB.
7. Cancellation right
7.1. The cancellation right only applies for the consumer. The current cancellation right is available on our homepage at menu item current cancellation every time.
7.2. Concerning the order of wares the cancellation policy applies for the order of wares. On order of attendance the cancellation policy of order of attendance applies only.
7.2. The cancellation policy doesn't apply on delivery of goods, which are crafted by order of the customer or have been tailored especially for the customer or which are not conditioned for return. The cancellation policy doesn't apply on distance contracts of the delivery of audio and video record of software provided that delivered storage device have been unsealed by the consumer.
7.3. The customer has to pack the goods, which are to be returned, according to the cancellation right.
8. Order of service; termination
Provided that the customer should conclude a contract concerning a service (maintenance contract or calibration of measuring devices) the contract will be conluded for an infinite period of time. A termination has to occur 4 weeks before the end of a month.
9. cost contract agreement
Should the customer make use of his cancellation right, then he has to pay the standard fees for returning the goods, if the delivered wares surpass the value of 40 euros or if, in the case of a higher price, he paid a contractual regulated instalment. Other than that the return is free of charge for him.
10. Limitation of liability
10.1. The saleswoman is liable for everything except the damage of life. Body and health and the violation of essential contractual commitment (cardinal duties) only applying on damage, which can be rooted back to reckless behaviour. This also applies on colleteral resulting damage especially on lost gains.
10.2. The liability is limited on typically predictable damages, fixed as stated with the formation of a contract, and also by the size of average damages as typical of contract, except for intentionally or reckless behaviour or damage of essential contractual commitments (cardinal duties) done by violation of life, body or health. This also applies on indirect consequential damages and especially on lost earnings.
10.3. The limitation of liability of paragraph 1 and 2 also applies correspondingly in favor of the employees and agents of the saleswoman.
10.4. Claims for a liability because of the product liability law stay untouched.
11. Note on online dispute resolution
The EU Commission is an internet platform for extrajudicial Online Dispute Resolution ("ODR platform") providing for on-line contracts. The ODR platform will be available from the first quarter 2016 at the following link: http://ec.europa.eu/consumers/odr. Our email address is: firstname.lastname@example.org
12. Final clauses
11.1. Only the law of the federal republic of germany is valid with the exclusion of the UN sale of goods law. Coercing regulations of the nation, in which the customer owns inhabitancy, stay untouched.
11.2. Place of execution is the main office of the saleswoman, provided the customer is a merchant.
11.3. Place of execution is the main office of the saleswoman, provided the customer is a merchant, a legal person of public law or special fund under public law or doesn't possess a general legal domicile in it's state or changing the residence to foreign countries after formation of the contract or his residence is unknown during commencement of proceedings.
11.4. Should certain clauses of this contract become void or contradict any legal regulations, then the contract won't be touched by that incidentally.
Note on online dispute resolution
The European Commission is providing a platform for out-of-court online dispute resolution (OS platform), available at www.ec.europa.eu/consumers/odr. Our e-mail address can be found in our imprint. We are neither committed nor willing to participate in the dispute resolution process.
- End of the general business terms -