of application and provider
(1) These General Terms and Conditions apply to all orders placed by customers with this.
(2) The range of goods in our online shop is aimed exclusively at customers who are to be regarded
as entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), i.e. who are
acting in the exercise of their commercial or independent professional activity when concluding the
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and
Conditions. The General Terms and Conditions shall also apply to all future business relations, even if
they are not expressly agreed again. The inclusion of general terms and conditions of the customer
that contradict our General Terms and Conditions is hereby already objected to.
2 Conclusion of contract and prices
(1) By completing the customer's order in our online shop, the customer submits a binding purchase
offer. Insofar as we subsequently send an automated confirmation of receipt, this does not yet
constitute acceptance of the customer's purchase offer. A purchase contract for the goods shall only
be concluded if we expressly declare acceptance of the purchase offer or if we separate the goods
without prior express declaration of acceptance and dispatch them to the customer.
(2) The prices stated in our online shop are net prices. The statutory value added tax applicable at the
time shall be added to this.
(3) All prices are exclusive of the respective shipping costs indicated.
3. terms of payment; default
(1) In our online shop, the payment methods that can be selected for the respective customer are
indicated in each case.
(2) All payments shall be made within 14 days after invoicing.
(3) If the customer does not meet his payment obligations on time or if it becomes apparent that his
financial circumstances are no longer sufficient for any credit granted or deferment of payment, we
shall be entitled to declare all outstanding claims due immediately or to demand the provision of
4. set-off/right of retention
(1) The customer shall only be entitled to set-off if his counterclaim has been legally established or is
not disputed by us.
(2) The customer may only assert a right of retention insofar as his counterclaim is based on the
same contractual relationship.
(3) We may assert a right of retention against all future orders of the customer, including
acknowledged orders, if the customer does not fulfil his payment obligations.
5 Delivery, transport risk, delivery dates
(1) Unless otherwise agreed, the goods shall be delivered at your request from our warehouse to the
address specified by you. The delivery of freight forwarded goods is free kerbside, unless otherwise
agreed in the individual case.
(2) The risk shall pass to the customer when the goods are handed over to the forwarding agent,
carrier or other third party appointed to carry out the shipment. The handover begins at the same
time as the loading process. A delay in acceptance by the customer leads to the transfer of risk.
(3) We shall be released from our performance insofar as we ourselves were not supplied on time by
our suppliers within the scope of a congruent covering transaction, unless we ourselves are
responsible for the non-delivery. The customer shall be informed immediately of the lack of delivery
and the consideration shall be refunded without delay.
(4) If advance payment has been agreed, the delivery dates stated are subject to timely payment. In
the event of late payment, the delivery date shall be postponed accordingly.
(5) We are entitled to make partial deliveries insofar as this is reasonable for the customer, taking
into account the interests of both parties.
5. retention of title
(1) We retain title to the goods until all claims arising from the current business relationship have
been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of
ownership by way of security is not permitted.
(2) The customer may resell the goods in the ordinary course of business. In this case, the customer
already now assigns to us all claims in the amount of the invoice amount accruing to the customer
from the resale. We accept the assignment. However, the customer remains authorised to collect the
claims. Insofar as the customer does not properly fulfil his payment obligations, we reserve the right
to collect claims ourselves.
(3) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in
the ratio of the invoice value of the reserved goods to the other processed items at the time of
(4) We undertake to release the securities to which we are entitled upon request to the extent that
the realisable value of our securities exceeds the claims to be secured by more than 10%. The
selection of the securities to be released shall be incumbent upon us.
(1) Unless expressly agreed otherwise, the customer's warranty claims shall be governed by the
statutory provisions of the law on sales (§§ 433 et seq. BGB) with the modifications specified in the
(2) Only our own information and the manufacturer's product description are binding for the quality
of the goods, but not public promotions and statements and other advertising by the manufacturer.
Samples, material properties and structure of the products may deviate from the information in the
online shop. Our information on the object of the delivery or the service, including the illustrations,
are only approximate descriptions, unless an exact match is required for the contractual purpose.
(3) You are obliged to examine the goods with due care for deviations in quality and quantity and to
notify us of obvious defects immediately after receipt of the goods. This also applies to hidden
defects discovered later from the time of discovery. In the event of a breach of the obligation to
inspect and give notice of defects, the assertion of warranty claims shall be excluded.
(4) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect
or replacement delivery (subsequent performance). In the event of subsequent improvement, we do
not have to bear the increased costs incurred by transporting the goods to a place other than the
place of performance, provided that the transport does not correspond to the intended use of the
(5) If the supplementary performance fails twice, the customer may, at his discretion, demand a
reduction or withdraw from the contract.
(6) The warranty period is one year from delivery of the goods. This limitation shall not apply to
claims based on damages resulting from injury to life, limb or health or from the breach of an
essential contractual obligation, the fulfilment of which makes the proper performance of the
contract possible in the first place and on the observance of which the contractual partner may
regularly rely (cardinal obligation) as well as to claims based on other damages which are based on
an intentional or grossly negligent breach of duty by us or our vicarious agents.
(7) Should the delivery of used products be agreed between us and the customer in individual cases,
this shall be done to the exclusion of any warranty.
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in
accordance with the Product Liability Act. We shall be liable for slight negligence in the event of
damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we
shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of
which is a prerequisite for the proper performance of the contract and on the observance of which
you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount
of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which
must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
8. final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity
of the remaining provisions.
(2) Contracts between you and us shall be governed exclusively by German law to the exclusion of
the provisions of the United Nations Convention on Contracts for the International Sale of Goods
(CISG, "UN Sales Convention").
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place
of jurisdiction for all disputes arising from or in connection with contracts between us and the
customers shall be at our place of business.