1. Acceptance of the terms and conditions of sale
The following terms and conditions apply to all sales, whether these transactions are concluded online or offline. Deviations must be agreed between the parties in writing. Individual agreements made with you in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.
These General Terms and Conditions of Business shall apply exclusively to companies as defined by §§ 14, 310 para. 1 BGB (German Civil Code).
Should the terms and conditions also apply to consumers, this will be expressly mentioned and regulated.
2. Offer and conclusion of contract
In addition to direct orders via our portal, you have the possibility to create your own user account and thus register as a customer to our portal through us. Only entrepreneurs are entitled to participate (see No. 1 Para. 2).
The data required to create the user account must be provided by you completely and truthfully. Subsequent changes to your personal data must be entered by you on your own responsibility.
All information is subject to change without notice.
As far as the possibility of an online order is additionally set up, you already submit a binding contract offer at the end of the ordering process by clicking on the button "Payable order".
Orders are only considered accepted by us when they have been confirmed by us in writing. Offer and order confirmation together form the sales, delivery and payment conditions contained therein.
3. Technical specifications
All information without guarantee. Subject to technical changes
All prices are quoted in Euro net plus the statutory value added tax.
Our prices are always subject to change and can be changed by us without prior notice.
Therefore, the prices which are/were applicable at the time of your order shall apply.
There is no claim to receive goods at earlier or later valid, more favourable prices.
We reserve the right to charge the prices valid on the day of delivery. Shipping costs are not included in our prices and are charged separately.
You may only fulfil the obligation to pay the purchase price by offsetting if your counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, you are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
5. Delivery time and force majeure
The indication of a delivery time is made to the best of our knowledge, but without guarantee. Events of force majeure entitle us to postpone deliveries. Force majeure includes catastrophes, fire, strikes, riots, pandemics, war and war-like conditions.
6. Delivery and dispatch
The delivery takes place from our warehouse in Lübeck.
We are entitled to make partial deliveries, provided that the partial delivery is reasonable for the purchaser in the individual case.
Our obligation to perform is limited to the stock of goods of the same type and designation available in our warehouse until the goods are handed over to the shipping or transport company. Beyond this, there is no obligation to procure goods.
7. Notices of defects
If the buyer has received defective goods from us, he is entitled within the framework of the statutory warranty provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price. Furthermore, the buyer may be entitled to claim damages. For these, the restrictions set out in No. 10 apply.
The period of limitation for claims for defects is 12 months calculated from the transfer of risk. This shall not apply in the case of claims for damages.
Minor or insignificant deviations with regard to colour, material thickness and design of the goods are reserved and do not lead to a deviation from the agreed quality. We do not assume any guarantee for the agreed quality of the goods in the sense of § 443 BGB (German Civil Code).
Complaints about our goods will only be accepted if they are made to us in writing within 8 days of receipt of the goods and if material defects or incorrect designs are proven and it is established that the goods are those supplied by us. In this case we will exchange the defective goods free of charge. Claims for damages cannot be asserted.
8. Terms of payment
Our invoices are payable net after 30 days. In the event of overdue payment, interest on arrears will be charged at a rate of 8 percentage points above the respective base interest rate. Discount and bank charges shall be borne by the customer.
9. Reservation of title
We reserve the right of ownership of the purchased item until receipt of all payments from the delivery contract.
You are obliged to treat the goods(s) with care, in particular to protect them from damage.
You are entitled to resell the purchased goods in the ordinary course of business. However, you hereby assign to us all claims arising from the resale by way of security. We hereby accept this declaration of assignment.
We undertake to release the securities to which we are entitled at your request,
We shall only be liable for damages, regardless of the legal grounds, in the event of intent and gross negligence. However, we shall also be liable in the case of simple negligence for damages resulting from injury to life, body or health as well as for damages resulting from the breach of a material contractual obligation; in this case, however, our liability shall be limited to compensation for foreseeable, typically occurring damages.
The above limitations of liability shall not apply if we have fraudulently concealed a defect or assumed a guarantee. The same applies to claims of the customer under the Product Liability Act.
11. Place of performance and jurisdiction
Place of performance and jurisdiction for deliveries and payments is Lübeck. German law shall apply to all disputes, whether extrajudicial or judicial, between the parties. The UN Convention on International Sales Contracts of 11.04.1980 shall have priority in international contracts.
12. Validity of our condition
Should any of our provisions or parts of any of our aforementioned provisions be and/or become ineffective, the ineffectiveness of the provisions shall not affect the effectiveness of the contract as a whole. The contract remains valid. In the event of an ineffective provision, the parties undertake to find a new contractual provision to close the contractual gap.