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AGB

AGB

1. general

Our terms of delivery and payment shall apply to all sales, deliveries and services to be concluded by us. They shall be deemed accepted by placing the order or accepting the delivery and shall apply to the entire future business relationship, even if no special attention is drawn to these terms in the future. We do not recognize any deviating or additional general terms and conditions of the customers.

Our employees are not authorized to make agreements or promises that deviate from our GTC. Any changes to our terms and conditions must be expressly agreed with us in writing and signed by authorized representatives in order to be effective.

2. delivery conditions

2.1. Offer and conclusion of contract
Our offers are only valid for commercial business transactions and while stocks last. They are always non-binding, subject to change and are continuously adapted to market conditions, unless we specify a period of validity that is binding for us. We reserve the right of prior sale and price changes before conclusion of the contract. Orders for merchandise (catalog goods) become legally binding upon delivery of the delivery items. By placing an order, the customer makes a binding declaration that he wishes to purchase the goods and is bound by his order. The information contained in catalogs, brochures, circulars, advertisements, illustrations and price lists regarding performance, dimensions, weights, prices and the like are non-binding unless they expressly become part of the contract. Costs arising from changes subsequently initiated by the Purchaser shall be borne by the Purchaser. The costs incurred in the event of cancellation of the order by the Customer, including administrative costs, shall also be borne by the Customer. The risk of shipment shall in any case be borne by the buyer, even if the selling prices are put franko, carriage paid, free domicile, fob or cif. Costs of shipping and packaging shall be borne by the buyer, unless otherwise agreed in writing. The packaging is done according to standard commercial aspects.

2.2. Delivery times and dates
Invoices represent order confirmations at the same time. The delivery dates will be met as far as possible, but they are not binding. The delivery period shall be deemed to have been complied with if the delivery item has been dispatched or notification of readiness for dispatch has been given by the time the delivery period expires. We shall not be liable for any fault on the part of our suppliers. Force majeure, traffic and operational disruptions, strikes, lockouts and unforeseeable delivery difficulties on the part of our suppliers shall result in a reasonable extension of the delivery and performance period. The buyer/client as well as we have the right to withdraw from the contract if the extension of the delivery time is more than four weeks due to one of the above reasons. The buyer cannot derive any claims from exceeding the delivery deadlines. Partial deliveries are permissible.

2.3. Delivery costs
For goods in stock, we charge a transportation fee of 7.50 euros/box for shipping in Germany and 17.95 euros for shipping to other EU countries. “Free house” means freight paid behind the first closed door.

3. prices and terms of payment

The prices valid on the day of delivery shall be decisive for the price calculation. Our prices do not include the value added tax applicable in the Federal Republic of Germany. Additional costs for packaging, transport, etc. will be invoiced separately. Any ambiguities in the placing of the order shall be borne by the purchaser. If it is subsequently determined that there is an obvious calculation error in our invoice or that incorrect prices have been used which are not based on a calculation error, we may demand payment of the difference. Both the Purchaser and the person to whom the invoice is to be issued on behalf of the Purchaser shall be liable for payment of the purchase price. Both are considered buyers and are jointly and severally liable. Unless otherwise agreed, invoices are due within 8 days from the invoice date without deduction. If payment is made by check or bank transfer, the date of unconditional credit to our account shall be decisive. We are entitled at any time to deliver only against prepayment or cash on delivery.

4. default of payment

The payment dates stated in invoices are fixed dates. In the event of default, we shall have the right to charge interest on arrears at a rate of 5% above the respective prime rate of the European Central Bank. The purchaser is not entitled to offset claims against us. If, after the conclusion of the contract, the fulfillment of the payment claim is endangered by liquidity difficulties on the part of the customer, we may demand immediate payment of all outstanding invoices, including those which may not yet be due. In addition, we may withhold goods not yet delivered and stop further work on current orders unless an advance payment in the full amount of the specific order volume is made. We shall also be entitled to these rights if the customer does not make payment despite a reminder justifying default. All costs caused by late payment, such as reminder fees, protest fees, attorney fees, etc., shall be borne by the delinquent purchaser.

5. retention of title

The delivered goods shall remain our property as reserved goods until payment of the purchase price and settlement of all claims existing or still arising from the business relationship. In case of breach of contract by the customer, in particular in case of default of payment, we are entitled to collect the delivery item after a reminder, the customer is obliged to surrender the delivery item.

6. deviations

We reserve the right to technical or optical deviations, in particular in color, material thickness, dimensions or design, even within a delivery. All our information on the subject matter of the order are descriptions and not warranted characteristics. For technical reasons, misprints or pockets with small defects are permitted up to 3% of the order quantity. Invoice deduction in this respect is not possible.

7. deadlines for complaints and objections

The customer is obliged to inspect the goods immediately upon delivery for both damage and obvious defects. The defects must be reported immediately to the deliverer (e.g. parcel service or carrier) and noted on the shipping documents. Furthermore, defects and transport damage must be reported to us immediately in writing. Later complaints cannot be accepted. We always strive to provide you with only absolutely reliable quality products. Should there nevertheless be reason for complaint (defective goods or wrong delivery), please send the affected goods (including copy of invoice or delivery note as well as detailed description of the defect) free of charge. For products unjustifiably sent in as defective, the inspection costs incurred will be charged to the sender. The customer is obliged to take back the unjustifiably claimed products. The return shipment must be made to us in its entirety (e.g. including software, description, etc.) in the original packaging, carriage paid. Incomplete returns cannot be processed and will be returned to the customer immediately. Justified complaints will be sent to the supplier for repair. After repair, the customer will receive the product free of charge. Please note that in case of defects in the scope of delivery (missing product or delivery of a product not ordered), this defect must be reported to us within 3 days after receipt of goods. Later complaints cannot be accepted and will be charged to the customer. We provide 20 days return policy on all catalog products. The products must be delivered to us free of charge (“carriage paid”), in their original packaging and without any signs of use. Special orders: Goods that have been ordered at the special request of the customer and have not been offered in the catalog are considered special orders. They are generally excluded from exchange or credit. Warranty is excluded for used goods.

8. liability

Liability for consequential damages of any kind resulting from non-delivery, incorrect delivery or non-function of products purchased from us is excluded. Our liability refers exclusively to the value of the goods offered by us.

9. validity

We reserve the right to make printing errors, mistakes and changes.

10 Place of performance, place of jurisdiction

The place of performance for the delivery is the respective agreed place of delivery. The local court of Steinfurt is agreed as the place of jurisdiction.