General Terms and Conditions
The following terms and conditions are valid for all electronically transmitted orders.
2. Prices and payment conditions:
The prices in effect are those listed at the time the internet order is placed. The prices indicated are total, meaning they include applicable sales tax. All offers are non-binding. The prices, in case of doubt, are considered as business possessions of the distributor. All payments are due immediately upon the commitment to purchase, at the latest upon receipt of the bill. In the event of non-payment, the customer will be required to pay default interest at the rate of 8 %. Each party has the possibility to present proof that, in a specific case, the damages incurred are significantly higher or lower than the established lump sum. There is a 14 day grace period.
After the order has been placed, you will receive a copy of the invoice per e-mail for your personal information. The sales contract for the ordered goods will arrive separately, as a written sales confirmation (per e-mail).
Taking into account the deliverability of the items from the manufacturer, goods ordered will be delivered as quickly as possible. In the event that some of the items ordered are not in stock, we reserve the right to make partial shipments. The customer is required to accept reasonable partial shipments. Partial shipments are to be paid separately, as long as the customer has no legitimate opposing concerns. The partial shipments will not incur additional shipping or handling charges. International shipments will be calculated separately. Responsibility for the goods is transferred to the buyer upon handing over the shipment to the parcel service.
5. Returns (Telemarketing law):
The telemarketing law applies solely to private customers. The purchase may be cancelled within 14 days after receipt of the order. Merchandise may be returned within this 14 day limit. In keeping to these terms it is sufficient to mail the merchandise, in original condition, in the original packaging, with the original invoice, within the allotted time. With merchandise that can not be returned in a postal package, it is sufficient to send notification of cancellation within the allotted time. This can be done by e-mail, mail, telephone or fax. Return shipping will be assumed by the seller. We are unable to accept shipments sent C.O.D. After the merchandise has been returned, we will reimburse any payments that have been already been made. In no circumstances will we assume the costs for messenger deliveries or any other kind of irregular shipping services which exceed the cost of regular shipping. If damaged or used products are returned, we reserve the right to make a claim for compensation. Specially altered or custom made merchandise and consumer goods are excluded from returns.
6. Title Retention:
The sold article remains the property of the seller until the buyer lives up to all requirements of the sales contract. Until this time the merchandise may not be sold, given as a present, or loaned to anybody. The seller is to be immediately notified in the event of confiscation, destruction, damage, or theft of the merchandise. The customer must then cede to the seller in the case of potential charges against an individual responsible for damage or an insurance company, in order to demand replacement due to destruction, damage, or the like. The seller assumes assignment of the claim. As soon as all requirements of this contract have been fulfilled by the seller, the responsibility falls again on the customer. During the period of the retention of title the customer is required to have all necessary maintenance or repair work professionally completed, as well as to carefully safe keep and handle the sales item in proper form.
All new merchandise is guaranteed for 6 months after it has been sold. Obvious defects must be reported within 10 work days after purchase; otherwise the seller is released from its warranty. Reported defects must always be accompanied with proof of purchase. The seller is entitled to repair or replace sold articles that exhibit defects. If this is not accomplished within a reasonable period of time, or if this is declined or unreasonably delayed, the customer can either demand a reduction in the sales price or the cancellation of the order, whichever is preferred.
8. Protection of Privacy, Schufa Clause:
Data necessary for the completion of business will be saved and likewise passed on to affiliated enterprises within the framework of completing the order. All personal data will naturally be treated confidentially.
9. Liability of the Distributor:
The liability of the distributor is limited to premeditation and gross negligence. This does not apply when the breach of obligation challenges the nature of the contract (the so-called cardinal responsibilities); in this situation the distributor is liable for lesser negligence. We do not assume liability for the accuracy of information provided by the manufacture, product descriptions and price quotations, nor for possible misprints, technical revisions or deliverability of the products offered. The limitations on liability also apply to claims of fault at the contract closure.
10. Termination of Contract:
The seller can terminate a contract if the customer has provided incorrect information in the process of completing an order, as long as this information can, by reasonable evaluation, be qualified to create doubt as to the ability of the customer to adhere to its obligation to pay. The distributor retains the right to demand payment in advance.
11. Final Provisions:
Once the contract has been completed in writing, the deed of covenant correctly and completely echoes the content of the pertinent agreement. Variations or additions to the written substance of the contract, which are met in a timely connection with the completion of the contract, require the written form in order to be effective. The place of fulfillment is the principal office or the place of business of the distributor. The area of jurisdiction for all civil suits will be Saarlouis, to the extent which it is admissible. Solely the utilization of German law is stipulated. If the customer is a registered merchant, the sole area of jurisdiction will be the principal office of the distributor. The same is applicable when the customer moves his residence or customary whereabouts to a foreign country, or when the customer’s residence or customary whereabouts, in the course of legal proceedings, are unknown.