The following translation of the Terms and Conditions is for informational purposes only for our customers. The legally valid version is solely the German version.
We only sell under the following terms and conditions. We do not acknowledge any deviating conditions of the purchaser unless we have expressly and in writing agreed to their validity. Our sales conditions also apply to all future transactions with the purchaser, especially for reorders, replacements, modifications, and future orders. The purchaser/contractual dealer is authorized to sell the contractual products only through their own physical retail store, through their own catalog trade within the contractual territory (mail or service), or through their own websites (online trade).
2.) OFFER AND PRICES
Our offer prices in EUR are understood ex works, plus value-added tax if applicable. The respective statutory tax rate applies for value-added tax. The minimum order value is 200 EUR, and the net amount per order item is 20 EUR. Different values may apply for wholesalers and will be individually determined. Offer prices listed are subject to change. Any granted discounts or special prices apply only to the respective purchase contract and not to any subsequent orders or deliveries. This also applies if we do not expressly object to any deductions made by the customer in subsequent orders or deliveries. We reserve the right to make reasonable model changes, particularly improvements. We retain ownership and copyright to images, drawings, cost estimates, and other documents provided to the purchaser. They may not be made accessible to third parties, including in copy. This applies especially to written documents marked as "confidential."
3.) ORDER CONFIRMATION
The binding acceptance of the delivery order is made through written order confirmation or immediate delivery. The purchaser is obliged to review the order confirmation and report any errors or discrepancies with their order within one week; otherwise, the content of the order confirmation is considered binding.
4.) DELIVERY TIME
Delivery periods commence from the date of the order confirmation but not before all details of the order have been clearly clarified, and any agreed-upon advance payment has been received. Delivery dates specified in the order confirmation are intended to be met whenever possible. If we fail to meet the delivery deadline or delivery dates, the purchaser is entitled to withdraw from the contract after an unsuccessful grace period of at least one month set by them. Claiming damages is only possible if the delay was intentional or due to gross negligence, and even then, only up to the foreseeable damage. If the purchaser is in default of acceptance or breaches a significant obligation to cooperate, they must reimburse us for any additional expenses incurred. After the expiration of a grace period set by us for acceptance, we are entitled to refuse delivery and demand compensation for non-performance. This also applies in the case of payment default according to Clause 8 of these terms and conditions.
5.) SHIPMENT AND TRANSFER OF RISK
Shipment generally takes place ex works, with the purchaser bearing the cost and risk. Upon leaving the works, the risk passes to the purchaser, even if the goods are delivered by company vehicles. If timely delivery is not possible due to the purchaser being in default of acceptance or breaching a significant obligation to cooperate, the risk transfers to the purchaser at the point when the delivery would typically have taken place.
The purchaser is obliged to promptly inspect the delivered goods and notify us in writing of any ascertainable defects within 10 days of receiving the goods, or immediately after discovery for hidden defects. Otherwise, all warranty claims are excluded. Negotiations regarding the merits of a complaint do not imply that we waive the objection of untimely or improper complaint. The disputed goods must be returned to us free of charge, along with a copy of the delivery note.
In the case of legitimate complaints about defects, we provide a warranty for a period of 6 months from the date of delivery (statute of limitations), at our discretion, either by repair or replacement delivery. If the rectification or replacement delivery fails or if we are in default with it, the purchaser has the right to demand rescission of the contract or reduction of the remuneration for this goods. The expenses required for rectification shall be borne by us, as well as the costs of re-delivery. Further claims by the purchaser - regardless of the legal basis - are excluded. In particular, we are not liable for any processing costs incurred by the purchaser, loss of profit, loss of use, or for personal or property damage to items not supplied by us (consequential damages). The aforementioned shall not apply if the cause of the damage is due to intentional or grossly negligent conduct on our part, if the purchaser can assert claims for damages due to non-fulfillment due to the absence of a guaranteed characteristic, or if our liability arises from the statutory provisions of product liability. We are not liable for damages due to natural wear and tear or improper use. The return of sold goods is generally excluded. In exceptional cases, this requires prior written agreement. We charge 10% of the invoice amount, but at least EUR 20, as processing fees for this (even when exchanging for other goods). The return of goods at special prices or discontinued items is generally excluded.
8.) TERMS OF PAYMENT
Our invoices are to be paid within the agreed payment period without deductions. We are not obligated to accept checks or bills of exchange. Deliveries abroad are only possible with cash against documents or bank-guaranteed bills of exchange. In the event of default in payment, we are entitled to charge default interest at the rate of the interest burden incurred by us or 4% above the Bundesbank discount rate. In this case, we also have the right to withhold our performance from the not yet fulfilled part of the delivery contract and to make any further delivery dependent on advance payment or the provision of an appropriate bank guarantee. The same applies if we become aware of a significant deterioration in the economic circumstances of the purchaser after the conclusion of the contract. If the purchaser does not provide the security or advance payment within a reasonable period, we are entitled to withdraw from all purchase contracts with the purchaser. The set-off by the buyer is only permissible with undisputed or legally established counterclaims.
9.) RETENTION OF TITLE
We reserve ownership of the goods delivered by us until full payment has been received for all amounts arising from the delivery contract. In the event of the purchaser's contractual breach, especially in the case of payment default, we are entitled to reclaim the purchased item. The repossession of the purchased item does not constitute a withdrawal from the contract unless we expressly and explicitly declare it as such in writing. After the repossession of the purchased item, we are authorized to dispose of it, and the net proceeds from the disposal, minus reasonable disposal costs, shall be credited towards the purchaser's liabilities. The purchaser is entitled to resell the purchased item in the ordinary course of business. However, the purchaser hereby assigns to us all claims in the amount of the final invoice value arising from the resale. We are authorized to collect the assigned claims ourselves if the purchaser fails to fulfill its payment obligations in a timely manner or applies for the opening of insolvency or composition proceedings. In such a case, the purchaser is obliged to provide us with all necessary information for collection, hand over the relevant documents, and notify its buyers of the assignment. In the event of seizure, confiscation, or any other disposition by a third party, the purchaser is obliged to assert our ownership rights and promptly notify us in writing. The costs of pursuing legal action against the third party shall be borne by the purchaser unless the third party assumes responsibility. If the goods are paid for through central settlement by a purchasing association, our rights under the retention of title do not transfer to the purchaser but rather to the association upon payment. We undertake to release the securities to which we are entitled at the request of the purchaser or its purchasing association, to the extent that the value of our securities exceeds the secured claims by more than 20%. We reserve the right to determine which securities will be released.
10.) THE DELIVERY CONTRACT AND ANY DISPUTES ARISING FROM IT SHALL BE GOVERNED BY GERMAN LAW
Munich is agreed upon as the exclusive place of jurisdiction.