Terms of Service

General Terms and Conditions

Information for consumers on distance contracts

as well as customer information for contracts in electronic commerce

 

§ 1 Scope

For business relationships between us and the customer, the following general terms and conditions apply to orders via the Internet shop in the version valid at the time of the order.

§ 2 Conclusion of contract

The presentation of our products on our website only includes an invitation to the customer to submit a contract offer.

By submitting an order, the customer makes an offer within the meaning of § 145 BGB. The customer will receive a confirmation of receipt of the order by email.

The contract with us is concluded if we accept the customer's offer in writing or in text form within 2 working days after sending the order. The time of receipt of the declaration of acceptance by the customer is decisive in this respect

Business day means any calendar day that is not a Saturday, Sunday or federal public holiday.

§ 3 Delivery, shipping costs, transfer of risk

The delivery takes place at the shipping costs shown in each individual case. If the customer is a consumer, we always bear the shipping risk, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by us to the logistics partner commissioned. Notes on delivery by courier:

Delivery is by truck and "free curb", i.e. to the public curb closest to the delivery address, unless expressly agreed otherwise.

Please note that delivery of the goods to the delivery address “free curb” cannot be carried out in the following cases due to the lack of truck access by the forwarding agent:

- The delivery address is on a street or can only be reached via a street that is designated as a restricted traffic area / “playing street” dedicated, and/ or
- The delivery address is on a street or can only be reached via a street where vehicles with a maximum permissible weight of 40 tons are not allowed to enter, and/or
- The delivery address is on a street or can only be reached via a street narrower than 3.25 meters or at a point to be passed during delivery at the time of delivery by obstacles such as parked vehicles or a construction site is restricted to a passage width of less than 3.25 meters, and/or
- The delivery address is in a dead end.

If one of the special features mentioned applies to the desired delivery address or if you are unsure about this, please contact our customer service by phone or email before placing an order to clarify whether or by which date Place then a delivery can take place.

Please also note that it is necessary for you to be personally present at the delivery address when the goods are delivered by the forwarding agent.

On the one hand, because you have to confirm the delivery of the goods in writing. On the other hand, the unloading of the goods requires your help in such a way that you support the employee of the forwarding agency with the unloading of the goods from the truck to the curb by physical cooperation. You must therefore be physically able to lift a weight of up to 30 kilograms.

Finally, it should be noted that no specific desired time for delivery can be agreed. The forwarding agent will coordinate with you a delivery on a desired day from Monday to Friday (excluding public holidays) in a time window from 8 a.m. to 1 p.m. or 1 p.m. to 6 p.m. Your presence at the delivery address is required throughout the time slot. A more precise definition of the delivery time is unfortunately not possible."

We charge a flat rate of 20 euros for the retrospective refund of VAT on the export of goods subject to excise duty under tax suspension from the excise duty area of the EU (e.g. from Germany). In order to process the refund, we need proof of the export from the responsible customs authority.

§ 4 Retention of title             

The delivered goods remain our property until the purchase price has been paid in full.

§ 5 payments

Only the payment methods shown to the customer during the ordering process will be accepted.

§ 6 Liability for Defects

The statutory rights to liability for defects apply.

§ 7 Information for consumers in the case of distance contracts and customer information in the case of contracts in electronic commerce

a) We are not subject to any special codes of conduct not mentioned above.

b) You can identify any input errors when submitting your order in the final confirmation before sending your contract declaration and with the help of the delete and change function correct at any time before sending the order.

c) For the essential characteristics of the goods we offer and the period of validity of limited offers, please refer to the individual product descriptions on our website.

d) The language available for the conclusion of the contract is German.

e) Complaints and claims for liability for defects can be submitted to the address given in the provider identification.

f) The text of the contract is not saved by us and is therefore not accessible to you as a customer after the conclusion of the contract.

g) Please refer to the quotation for payment, delivery or fulfillment information.

§ 8 Miscellaneous

The law of the Federal Republic of Germany applies to the contractual relationship between us and the customer as well as to the respective terms and conditions. If the customer is a consumer, the statutory regulations and rights applicable to the protection of the consumer under the law of the country in which the consumer has his habitual residence and from which no deviations may be deviated from by agreement remain unaffected by this agreement . The application of UN sales law is excluded.
 

§ 9 Warranty

1. The statutory warranty period for the buyer, if he is a consumer, is basically 2 years from the delivery of the purchased item. For tradespeople and companies, the warranty period is 1 year from delivery of the purchased item.

2. A consumer within the meaning of the German Civil Code is any natural person who concludes a transaction for a purpose that is neither part of their commercial nor their independent professional activity can be. An entrepreneur, on the other hand, is any legal or natural person who, when concluding a transaction, acts in the exercise of their commercial or independent professional activity.

3. A warranty case always exists if the purchased item has a defect. This is to be assumed if the item does not have the agreed quality when the risk passes to the customer. Unless a special quality agreement has been made, an item is defective if it is not suitable for the use stipulated in the contract or if it is not suitable for the normal use of such items or it lacks the quality which is usual in things of the same kind and which the buyer can expect according to the kind of thing.

4. For sales contracts between entrepreneurs and consumers about movable things (so-called “consumer goods purchase”) only applies within the first 12 months from the handover of the purchased item an assumption that an occurring defect already existed when the purchased item was handed over to the customer and thus a warranty case exists. At the end of 12 months, the buyer must prove that the defect that was discovered late already existed when the item was handed over to him.