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General terms and conditions
I. Order and acceptance
The products and services listed in our catalogues and in our online shop do not constitute a binding offer; the customer is in fact required to make a binding written order (by letter, fax or internet).
The customer is bound to his order for three weeks and a sales agreement is only then valid when we have issued a written confirmation. Should certain goods not be available, we are entitled to refuse acceptance within three weeks of the order being placed.
II. Prices and delivery costs
The prices stated in our catalogues and in our online shop include the statutory VAT rate according to the German VAT law.
The prices do not include costs of delivery from our office, possible custom duties and/or additional taxes.
III. Payment terms
When confirming the order, we will also inform the client of the invoice amount and our bank details.
Payment may be made by bank transfer or by Visa or Euro-/MasterCard. If you choose to pay by credit card, please state the 16-digit card number, the card check number (last block of digits in the card number) and validity.
IV. Delivery and risk transfer
The goods will be delivered when the complete purchase price including possible extra costs (see II.) has been credited to our account.
Delivery as stated in our written confirmation. We are entitled to make partial deliveries if acceptable for the customer. No extra delivery costs will be charged in the case of split deliveries.
The risk of possible loss or damage is transferred to the customer upon the handing-over of the goods to the carrier.
V. Exchanging goods
The customer is entitled to exchange the unused goods within a period of two weeks without giving a reason. This period commences upon receipt of the goods by the customer. In order to comply with this deadline, the written exchange request must be sent on time (by letter, fax or internet).
Should an exchange be possible the customer is obliged to return the goods immediately, whereby the invoice documents should be included to effectively speed up processing. The customer will pay the return costs unless the delivered goods differ from those ordered.
VI. Guarantee
If a delivered article is faulty, it is covered by warranty according to the statutory regulations. In such cases the customer can demand that an article without defect be sent or that the faulty article be repaired (rectification of defects). We are entitled to refuse the form of rectification chosen by the customer, if this causes disproportionately high costs. In this case, the customer is only entitled to choose another form of rectification.
If the repair is not satisfactory the customer may withdraw from the contract or reduce the purchase price and claim damages according to the statutory regulations.
According to the statutory regulations and provided that the customer does not run his own business, meaning that this concerns a consumer goods purchase in terms of § 474 section 1 of the German Civil Code, the period of limitation on claims and rights with regard to defects is two years. In other cases the warranty period is based on subsection VII.
VII. Reduction of period of limitations for businesses
If the customer is not a consumer, meaning that this is not a case of a consumer goods purchase in terms of § 474 section 1 of the German Civil Code, the period of limitation on the customer’s claims and rights is based exclusively on the following sections.
(1) The period of limitation for compensation claims on faulty goods – irrespective of the legal grounds – is one year.
(2) The period of limitation is also valid for other compensation claims against us, independent of their legal basis. They are also valid as long as the claims are not made on a defect.
(3) The afore-mentioned period of limitation applies provided that:
a) The period of limitation has no validity where there is intent.
b) Furthermore the period of limitation of section 1 does not apply if knowledge of a defect has been purposely withheld or insofar as warranty has been extended to the condition of the delivered article. If a defect has been purposely withheld, the applicable time limits as in § 438 section 1 Nr. 3 of the German Civil Code, excluding an extension of the time limit in the case of malice as in § 438 section 3 of the German Civil Code, apply rather than the time limit mentioned in section 1, as far as no further exception to the rule according to section 4 exists.
c) The period of limitation does not apply to additional compensation claims regarding injury to existence, person, health or freedom, for claims under the product liability law, in the case of gross negligence or through the culpable breach of important contractual obligations.
(4) The period of limitation for all compensation claims commences upon delivery.
(5) Claims for the reimbursement of gratuitous expenses are also covered whenever compensation claims are mentioned in these instructions.
(6) Insofar as no other provisions have expressly been made, the legal regulations with regard to the commencement of the period of limitation, the suspension and restart of time limits remain unaffected.
(7) An alteration of the burden of proof to the detriment of the customer has no associations with the afore-mentioned regulations.
VIII. Liability
(1) We are liable in cases of intent or of gross negligence, or in cases of intent or gross negligence on behalf of a representative or member of compliance personnel, according to the legal requirements. Furthermore we are only liable under the terms of the product liability law, upon injury to existence, person, or health, or upon culpable breach of important contractual obligations, or insofar as a defect has been purposely withheld or a warranty has been extended to the condition of the delivered article. The compensation claim for the breach of important contractual obligations is however limited to predictable loss, which is typical of contracts. We do not accept liability for damage caused by the delivered object to goods belonging to the customer, for example damage to other objects. The regulations of subsections 3 and 4 of section 1 are invalid insofar as intent or gross negligence exists or injury to existence, person, or health is under warranty, or insofar as a defect has been purposely withheld or a warranty has been extended to the condition of the delivered article.
(2) The provisions of the above-mentioned section 1 cover compensation plus service and compensation instead of service, irrespective of the legal grounds, especially in the case of defects, breach of obligation or unauthorized action. They are also valid for claims for the reimbursement of gratuitous expenses. Liability for unenforceability will be determined according to point IX.
An alteration of the burden of proof to the detriment of the customer has no associations with the afore-mentioned regulations.
IX. Unenforceability
Insofar as the delivery is not possible, the customer is entitled to claim compensation according to the legal regulations. The customer’s claim is however limited to compensation plus or instead of service and to reimbursement of gratuitous expenses on 10 % of the value of the part of the delivery, which cannot be used due to unenforceability. The customer may not make any further claims on the grounds of impossible delivery. This restriction does not apply in cases of intent or gross negligence or where injury to existence, person, or health is under warranty. The customer’s right to withdraw from the contract remains unaffected. An alteration of the burden of proof to the detriment of the customer has no associations with the afore-mentioned regulations.
X. Place of fulfilment and jurisdiction
Place of fulfilment is Koblenz / Germany.
In the case of a contractual dispute, when the customer is a dealer, a legal person in public law or a separate estate governed by public law, suit should be filed with the court of justice responsible for our head office. We are also entitled to take legal action at the purchaser’s head office.
XI. Miscellaneous
Written consent must be obtained from us before the purchaser’s rights and duties from our mutual contract can be transferred.
Should a provision be or become void, the validity of all other provisions remains unaffected.
The above-mentioned general provisions apply exclusively. The customer’s general terms and conditions are only valid if our express written consent has been given.
Queries and complaints
Queries and complaints can be addressed to customer services at the following address:
Legal information
Managing directors: Niko Küthe, Elmar Hoppe
Jurisdiction: Koblenz
Commercial register number: HRB 6931
VAT-ID-Nr.: DE 241 951 771
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