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AGB

General Terms and Conditions (GTC) - as at 18.03.2025

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Table of contents:


1. scope of application, general
2. Conclusion of contract in the online store
3. Prices and terms of payment
4. Delivery time, delivery
5. Transfer of risk, storage costs
6. Default of acceptance, non-acceptance
7. Warranty, guarantee, liability
8. Retention of title
9. Retention, set-off
10. Dispute resolution
11. Final provisions


1. scope of application, general


1.1 The following General Terms and Conditions (GTC) apply to all contracts concluded between us and the customer - entrepreneurs as defined by § 14 BGB (German Civil Code) - with regard to the goods presented by us in our online store. The version valid at the time of the conclusion of the contract shall be authoritative in each case.


1.2 Our offer is directed only to entrepreneurs in the sense of § 14 BGB. With his order, the customer confirms that he is an entrepreneur and that he is acting in the exercise of his commercial or independent professional activity.


1.3 Our GTC shall apply exclusively. They shall also apply to all future transactions with the customer, even if they are not separately agreed again.


1.4 Terms and conditions of the customer or third parties shall not apply unless we have expressly agreed to their application in writing.


2. conclusion of contract in the online store


2.1 The product descriptions presented in our online store do not constitute binding offers on our part, but serve for the submission of a binding offer by the customer.


2.2 The customer can submit the offer via the online order form integrated in our online store. The customer can select products from our range in our online store and collect them in a so-called shopping cart via the button ("Button") "Add to cart". Via the further steps "Continue to shipping" and "Continue to payment", the customer ultimately submits a legally binding contractual offer to purchase the goods in the shopping cart via the button "Buy now".


2.3 Before submitting the order, the customer can change and view the data entered by him and correct input errors at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.


2.4 We will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by us; it does not yet constitute acceptance of the application. The contract is not concluded until we have issued a declaration of acceptance, which we will send by separate email within 5 working days at the latest. If the customer does not receive this within 5 working days from the order, his offer is considered rejected. If the transmission of the declaration of acceptance (order confirmation) by email is not possible (e.g. because the customer does not have a deliverable email address or a SPAM filter prevents delivery), we can replace the declaration of acceptance by the execution of the order within 5 working days from receipt of the order.


2.5 Only the German language is available for the conclusion of the contract.


3. prices and terms of payment


3.1 All prices stated shall be in EURO and shall be understood "ex warehouse" subject to special agreement. They represent net prices which are subject to the respective statutory value added tax. Transport or shipping costs in the respective agreed amount shall be borne by the customer.


3.2 Various payment options are available to the customer, which are indicated in our online store.


3.3 Unless otherwise agreed, invoices shall be paid within 10 days without deduction. The deduction of a discount requires a special written agreement.


3.4 A payment shall be deemed received as soon as the equivalent amount has been credited to one of our accounts. In the event of default in payment, we shall be entitled to interest on arrears in the amount of 10 percentage points above the respective base interest rate. Our other statutory rights in the event of a default in payment by the customer shall remain unaffected.


3.5 If, as agreed, delivery is to be made more than 4 months after conclusion of the contract, we shall be entitled to increase the price appropriately and to adjust it to changed price bases. The price valid at that time shall then apply. If this exceeds the initially agreed price by more than 10%, the customer may withdraw from the contract.


4. delivery time, delivery


4.1 Unless otherwise stated in the order confirmation, delivery "ex warehouse" shall be deemed agreed. In this context, we shall be free to determine the mode of dispatch, the company commissioned with the dispatch and the dispatch route at our reasonable discretion. Unless otherwise agreed, the delivery of goods by forwarding agent shall be "free curb", i.e. to the public curb closest to the delivery address.


4.2 Self-collection is not possible.


4.3 We shall be entitled to make partial deliveries insofar as this is reasonable for the customer. In the event of permissible partial deliveries, we shall also be entitled to issue partial invoices.


4.4 We reserve the right to sell only customary quantities to end customers.


4.5 Our delivery times are non-binding unless we have agreed in writing to a binding delivery time.


4.6 We shall not be liable for disruptions in delivery and performance insofar as these are caused by force majeure or by other unforeseeable events for which we are not responsible, such as in particular strikes, lockouts or untimely self-delivery. If such events substantially impede the delivery or performance or make it impossible and if the impediment is not only of temporary duration, we shall be entitled to withdraw from the contract; in the event of incorrect or improper self-supply, however, this shall only apply if we have concluded a specific covering transaction with the supplier with due diligence. In the event of our withdrawal, we shall be obliged to inform the customer thereof without delay and to reimburse the customer's counter-performance without delay. In the event of hindrances of only temporary duration, the delivery or performance deadlines shall be extended by the period of the hindrance.


5. transfer of risk, storage costs


5.1 Unless otherwise agreed, the purchased goods to be delivered to the customer shall be packed by us at our own expense in a manner suitable for transport. If the customer so desires, we shall cover the delivery by transport insurance; the costs incurred thereby shall be borne by the customer.


5.2 In the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the purchased goods shall pass to the customer as soon as we have handed over the purchased goods to the person carrying out the transport.


5.4 If the shipment or handover is delayed for reasons for which the customer is responsible (e.g. because the customer cannot be found at the delivery address provided by him), the risk of accidental loss and accidental deterioration of the purchased item shall pass to the customer at the time at which we were ready to ship and notified the customer of this within a reasonable period of time. In this case, the customer shall bear the costs for the unsuccessful delivery and shall be obliged to pay a lump-sum compensation for delay. This shall amount to 1% for each full week of delay, but in total not more than 8% of the value of the total delivery or the unaccepted part of the total delivery. The parties are at liberty to prove higher or lower damages.


5.5 The customer shall bear the storage costs resulting from a delay pursuant to 5.4. In the event of external storage (manufacturer, forwarder), we shall be entitled to pass on the storage costs charged to us in full to the customer. If the storage is carried out by us, the storage costs shall amount to a flat rate of 0.25% of the purchase price for each full week of storage, but in total not more than 5% of the purchase price. We reserve the right to claim and prove higher or lower storage costs.


6. default of acceptance, non-acceptance


6.1 If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for any resulting damage not already covered by 5.4 or 5.5.


6.2 If the customer does not accept the object of purchase or if the contract is not performed as a result of any other circumstance for which the customer is responsible, we shall be entitled to claim damages at a flat rate of 25% of the purchase price without providing evidence. We reserve the right to claim and prove higher damages. The customer shall be entitled to prove that no damage has been incurred at all or that the damage is significantly lower than this lump sum.

7.Warranty, Guarantee, Liability


7.1 Claims for defects of the customer require that the customer - if he acts as a merchant within the meaning of § 1 HGB - has duly complied with his obligations to examine the goods and to give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved. It shall also apply to entrepreneurs who do not act as merchants that they must immediately inspect the goods delivered by us for defects and the goods shall be deemed to have been approved if obvious defects or defects discovered during the inspection, differences in quantity or an obvious wrong delivery are not notified to us in writing within an exclusion period of 3 working days after the arrival of the goods at the place of destination. The customer must notify us in writing of hidden defects immediately if he is acting as a merchant, otherwise within a preclusive period of 8 days after their discovery, otherwise the goods shall be deemed to have been approved.


7.2 The devices sold by us are empfindable and require special maintenance, cleaning and Pflege. Claims for defects or claims under guarantees given by us therefore further require that the purchased item is set up and put into operation professionally, and that the customer uses it properly, in particular carries out the maintenance and cleaning measures prescribed in the operating instructions, and that the products used are suitable for the operation of the purchased item. Proper function of the equipment requires that it be used for its intended purpose. In case of doubt, please consult your authorized specialist dealer.


7.3 Insofar as we issue warranty declarations, these are generally manufacturer's warranties; we shall pass these on to the customer in full in each case. We shall only give warranties covering ourselves (dealer warranty) in special cases and these shall always require our express written consent.


7.4 If there is a defect in the purchased item, we shall be entitled, at our discretion, to subsequent performance either by remedying the defect or by making a replacement delivery. If a replacement delivery is made within the scope of the subsequent performance, the limitation period shall not start anew. If the supplementary performance is carried out by way of a replacement delivery, the customer shall be obliged to return the goods first delivered to us within 30 days. The return package must contain the reason for the return, the customer's name and the invoice number, which enables us to assign the returned goods. As long as and insofar as the assignment of the return is not possible for reasons for which the customer is responsible, we are not obligated to accept returned goods and to repay the purchase price. The customer shall bear the costs of a renewed shipment. If we deliver a defect-free item for the purpose of subsequent performance (replacement delivery), we shall be entitled to demand compensation for use from the customer pursuant to Section 346 (1) of the German Civil Code (BGB). Other statutory claims shall remain unaffected.


7.5 If the subsequent performance fails, the customer shall be entitled, at its option, to withdraw from the contract or to reduce the price appropriately.


7.6 The delivery of used goods shall be made to the exclusion of any warranty, unless otherwise expressly agreed in writing in the individual case or the defect has not been fraudulently concealed.


7.7 The limitation period for claims for defects shall be 12 months for newly manufactured items and 6 months for used items - unless the warranty is excluded by way of exception contrary to 7.6 - in each case from the date of handover.


7.8 Liability for damage to legal assets other than life, limb or health is excluded unless the damage is due to intentional or grossly negligent conduct and the conduct does not constitute a breach of material contractual obligations. Material contractual obligations are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely. If we culpably violate such an essential contractual obligation, we shall be liable in accordance with the statutory provisions; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.


7.9 Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.


7.10 Any further liability for damages than provided for under 7.8 and 7.9 shall be excluded. This shall apply in particular to claims for damages arising from culpa in contrahendo, other breaches of obligations or claims in tort pursuant to Section 823 of the German Civil Code (BGB), as well as for damage that has not occurred to the purchased item itself (consequential damage); in particular, we shall not be liable for loss of profit or other financial losses of the customer.

7.11 The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.


8. retention of title


8.1 The purchased item shall remain our property until payment has been made in full.


8.2 As long as the ownership of the purchased goods has not yet passed to the customer, the customer is obliged to handle the goods in a pfleaceful manner; in particular, in the case of high-priced purchased goods, the customer is obliged to sufficiently insure the goods against theft, breakage, fire, water and other damage at its own expense.


8.3 Any processing or transformation of the object of sale by the customer shall always be carried out on our behalf. If the object of sale is processed or mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale to the value of the other processed objects at the time of processing or mixing. The same shall apply to the object created by processing or mixing as to the object of sale delivered under reservation of title. In the event that the customer's item created by processing or mixing is to be regarded as the main item, it shall be deemed agreed that the customer transfers to us pro rata co-ownership.


8.4 The customer shall be entitled to resell the object of sale in the ordinary course of business; however, he hereby assigns to us all claims in the amount of our claim (including VAT) accruing to him from the resale against his customer, irrespective of whether the object of sale has been resold without or after processing. We accept the assignment already now. The same shall apply to other claims against third parties which take the place of the object of sale or otherwise arise in respect of the object of sale, such as insurance claims or claims in tort in the event of loss or destruction. The customer shall remain authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer is not in default of payment and no application for the opening of
insolvency proceedings has been filed. However, if one of these cases occurs, we may demand that the customer informs us of the assigned claims and their debtors, provides all information required for collection, hands over the associated documents and informs the (third-party) debtors of the assignment.


8.5 As long as ownership has not yet been transferred, the customer shall, in the event of seizures or other interventions by third parties, a) immediately inform us thereof in order to enable us to enforce our ownership rights and b) immediately inform the third party of our existing ownership.


8.6 In order to secure our claims against the customer, the customer also assigns to us the claims against a third party arising from the connection of the object of sale with a plot of land or building. We accept the assignment already now.


8.7 We shall release the object of sale or the items or claims replacing it at the customer's request and at the customer's discretion, insofar as their value exceeds the claims to be secured by more than 10%.


9. retention, set-off


9.1 The customer shall not be permitted to set off or exercise a right of retention against our claims unless its counterclaims are undisputed or have been finally determined by a court of law.


9.2 Assignment by the customer of claims arising from the contract concluded with the customer, in particular assignment of any claims for defects by the customer, is excluded.

10. Dispute resolution


The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.


11. final provisions


11.1 The legal relationship between the customer and us shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.


11.2 If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be D-94315 Straubing. However, we are also entitled to take legal action at the customer's place of business.