General terms and conditions
§ 1 General - Scope of Application
(1) Our terms and conditions of sale shall apply exclusively. terms and conditions of the customer, unless we have expressly agreed to their validity in writing. agreed to them in writing. Our terms and conditions of sale shall also apply if we are aware of terms and conditions of the customer that are contrary to or deviate from our terms and conditions of sale. terms and conditions of the customer that deviate from our terms and conditions of sale, we carry out the delivery to the customer without reservation.
(2) Our Terms and Conditions of Sale shall apply only to entrepreneurs within the meaning of § 310 (1) of the German Civil Code (BGB).
§ 2 Offer - Documents
(1) The customer is bound to his order for 2 weeks. The contract of sale shall be deemed to have been concluded if, within this period, we have confirm the acceptance of the order of the object of purchase specified in more detail or have carried out the delivery. have carried out the delivery.
(2) Additions and amendments to the contract shall only be legally effective if confirmed by us in writing or by fax. confirmation. Our field staff and other employees shall not be entitled to make verbal ancillary agreements.
(3) If it turns out that ordered goods are not available, we reserve the right to withdraw from the contract. We will inform the inform the customer immediately about the unavailability and reimburse any payments already made by the customer immediately. refunded without undue delay.
(4) Illustrations, drawings, models, descriptions, files, calculations and other documents made available to the customer, client or interested party are not binding, files, calculations and other documents shall be treated confidentially. We reserve the right of ownership and copyright. The passing on to third parties requires our written consent. The customer may not use the aforementioned or documents to third parties without our express consent, neither as such nor in terms of content. third parties, or use or reproduce the same himself or through third parties without our express consent. Upon our request, he shall return the same to us in full and without retaining any copies.
§ 3 Prices - Terms of Payment
(1) The prices offered are ex works or ex warehouse, plus the statutory value added tax. This will be shown separately in the invoice at the statutory rate on the day of invoicing.
(2) The costs for packaging, insurance, shipping and customs duties shall be invoiced separately to the customer unless we have expressly agreed otherwise in our respective current price list.
(3) Our deliveries are insured up to a value of 500.00 Euro. For deliveries higher than the value of the goods, the insurance cover shall be extended accordingly by us. The associated will be invoiced separately to the customer.
(4) Our invoices are due within 14 days of the invoice date without deduction. The shall apply with regard to the consequences of default in payment.
(5) If the customer is in default of payment, we shall be entitled to charge interest on arrears at a rate of 8.5% above the base interest rate pursuant to § 1 of the Discount Rate Transition Act. We reserve the right to prove higher damages caused by default. The customer is customer shall be entitled to prove that we have suffered no damage or less damage as a result of the default. charge the statutory interest rate.
(6) If the customer is in default of payment, we shall be entitled to charge reminder fees for each additional reminder in the amount of 5 Euro for the 2nd reminder and 10 Euro for the 3rd reminder. There shall be no obligation to pay for the first reminder.
(7) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. recognized by us. In addition, he shall be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. is based on the same contractual relationship.
§ 4 Retention of title
(1) Our deliveries shall always be made subject to retention of title. All goods delivered by us shall remain our property until full payment of all all claims arising from the business relationship with the customer.
(2) In the event of a breach of contract by the customer, in particular in the event of default in payment, we shall be entitled to take back the purchased goods. The taking back of the object of sale by us shall constitute a withdrawal from the contract.
§ 5 Right of return
(1) Goods may only be returned in the same accounting year after consultation with us and with our consent, provided that the shelf life of the goods is at least one more year and the returns are original packaging, undamaged and saleable goods. The booking year is the calendar year.
(2) In the case of returns within a period of 3 months after receipt (the date of the proof of receipt by the shipper is decisive), the goods shall be of the shipper), a full refund of the purchase price will be made. After the expiry of 3 months for returns from defect-free orders, the customer must pay us a handling fee of 25% of the sales price. paid. The receipt of the goods by us shall be decisive for the timeliness of the return within the 3-month period.
(3) Deliveries of goods for medicinal products are excluded from the possibility of return.
(4) The costs of returning goods shall be borne by the customer, unless the delivered goods do not correspond to the ordered goods. The The customer must provide proof of the return.
§ 6 Liability
(1) The customer shall bear sole responsibility for the knowledge and observance of relevant regulations for the use and storage of the delivered goods from the transfer of risk. The customer shall indemnify us against all claims and claims and obligations which we incur towards third parties that the purchaser violates this obligation.
(2) We shall be liable in accordance with the statutory provisions insofar as we culpably breach a material contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
(3) Any further liability for damages other than that stipulated in § 5 (2) shall be excluded - irrespective of the legal nature of the claim asserted. claim asserted - shall be excluded. This shall apply in particular to claims for damages arising from culpa in contrahendo, due to other breaches of duty or due to tortious claims for compensation for property damage in accordance with § 823 BGB.
(4) Insofar as liability for damages against us is excluded or limited, this shall also apply with regard to the personal the personal liability for damages of our employees, staff, representatives and agents.
§ 7 EDP data utilization
(1) The customer agrees that the data arising from the business relationship may be stored by us in accordance with § 28 of the Federal Data Protection Act for the purpose of data processing. § 8 Place of Jurisdiction- Place of Performance (1) Place of performance is our registered office.
(2) The place of jurisdiction for all disputes arising from the business relationship is the registered office of the company, provided that the purchaser is a merchant, a legal entity under public law or a special fund under public law. We shall also be entitled to take legal action against the customer before any other court having jurisdiction by law. The statutory provisions on exclusive places of jurisdiction shall remain unaffected.
(3) The law of the Federal Republic of Germany shall apply; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.