Terms of Use

Terms and Conditions

Business, Sales, and Delivery Conditions

I. General

1. All contracts with us are governed by the following terms and conditions. These terms and conditions are a legally binding part of the contract for all of our business transactions and are acknowledged as binding by the buyer upon placing an order. No verbal side agreements have been made. If the buyer is an entrepreneur, any deviations from these terms, side agreements, or changes to their effectiveness require our explicit written confirmation.
2. If any part of these terms is deemed invalid, it does not affect the validity of the remaining terms. If the terms refer to an entrepreneur, it also includes legal entities under public law or public law funds.
3. The place of fulfillment, and if the buyer is an entrepreneur, the exclusive jurisdiction for all current and future claims arising from the terms and conditions, including claims related to bills of exchange and freight, shall be the location agreed upon by both parties. German law applies.

II. Offer and Conclusion of Contract

1. Our offers are always non-binding. References to information and images in catalogs and price lists are for illustrative purposes only and do not obligate us to provide exact or faithful deliveries. The nature and commercial standard of the product are decisive. If the buyer is not a consumer, any guarantee will only be valid if confirmed by us in writing.

Public statements made by other manufacturers regarding the nature of a purchased item do not bind us to a buyer who is not a consumer unless we have confirmed these details in writing. In the case of purchasing branded products, the “Additional Terms for the Sale of Branded Products” by the relevant manufacturers shall apply as part of these delivery and payment terms.

2. Prices are in euros and apply to pickup from our warehouse or factory. All quotes are subject to change. Upon delivery, we charge handling and administration fees on a pro-rata basis. For overnight and express deliveries, charges are according to the zone and weight tariffs we have set. The prices valid on the day of delivery apply, along with the VAT applicable at that time.
3. If circumstances arise after the contract is concluded that reduce the buyer’s creditworthiness, we have the right to stop further deliveries, require collateral within a specified period, demand advance payments, or withdraw from the contract partially or in full after this period.
4. Packaging costs are not included in the price. Packaging is charged at a reasonable cost and can be returned in accordance with legal regulations. If packaging is returned to our warehouse within one month using the appropriate markings, 2/3 of the calculated value will be credited, unless otherwise agreed.

III. Delivery, Delays, and Acceptance

1. Delivery times are non-binding unless agreed upon in writing. Partial deliveries are allowed. Special circumstances (e.g., force majeure, strikes) extend the delivery period reasonably and entitle us to withdraw from the contract, in full or in part, if the buyer is an entrepreneur. If such disruptions lead to a delay of more than four months, the buyer may withdraw from the contract. Other withdrawal rights remain unaffected. Claims for damages are covered in Section V.4.
2. The buyer cannot delay acceptance of the goods until after the agreed delivery date. To withdraw from the contract or claim damages, an entrepreneur must set us a reasonable deadline for supplementary performance.
3. The risk of loss or damage to goods ordered by an entrepreneur transfers to the customer upon dispatch, even if partial deliveries are made or delivery is carriage-paid. Insurance is only provided at the express request of the buyer and at their expense. In the absence of special instructions, we choose transport routes and means without guaranteeing the cheapest or fastest option. Failure to meet delivery deadlines does not exempt the contracting party from their obligation to accept delivery. Claims for damages are regulated in Section V.4.
4. If we claim damages due to the unjustified refusal of goods by the buyer, the penalty will be 15% of the purchase price. The amount can be higher or lower depending on proof of a higher or lower damage.
5. For custom-made items, a deviation of up to 10% from the ordered quantity is allowed.

IV. Payment, Default, and Offsetting

1. Payment must be made within 30 days of the invoice date without any deduction. Payment must be made in such a manner that the required amount is available to us by the due date. If direct debit payment has been agreed, the buyer authorizes us to collect all invoice amounts from the specified account. The buyer’s bank is also instructed to notify us or any third-party commission about non-payment or refusal of direct debits, providing names and addresses upon request.

Money orders, checks, and bills of exchange are only accepted on account of payment, subject to collection and discount charges.

2. Representatives or other employees are not authorized to collect payments. Payments made to such individuals do not discharge the buyer from their payment obligations unless they hold a power of attorney to receive payments.
3. If partial payments have been agreed, the entire remaining debt becomes immediately due if: a) the buyer, who is not an entrepreneur, is at least two consecutive installments in default and the arrears exceed 1/10 of the purchase price; b) the buyer, who is an entrepreneur, has failed to make payment within 14 days, ceased payments, or has insolvency proceedings initiated against them.
4. If the buyer defaults on payment, we are entitled to call in all outstanding invoices and cancel agreed payment deadlines, setting a new payment term of 10 days.
5. Offsetting against purchase price claims is only permitted with undisputed or legally established claims. The assertion of retention rights and other performance refusal rights is excluded unless they stem from the same contractual relationship.

V. Warranty and Liability

1. Upon receipt or delivery, the buyer must immediately inspect all goods for accuracy, completeness, and defects. The buyer, if not a consumer, must report defects within 2 days. Hidden defects must be reported within one week of discovery. Warranty will be excluded if the buyer fails to notify us. Warranty is excluded for used goods.
2. Transport damage or shortages must be recorded on the bill of lading by the carrier or driver, noting the names and addresses of all parties involved.
3. We determine whether to deliver or repair defective goods unless the buyer is a consumer. If the buyer incurs additional costs by bringing the defective goods to another location than the commercial establishment, these costs are borne by the buyer. Warranty for non-consumers is limited to one year from delivery.
4. The buyer cannot demand damages instead of performance. We are only liable for personal injury or for typical and foreseeable damages arising from the breach of essential contractual obligations. Liability for property damage is limited to cases of gross negligence or intent. If damages are covered by the buyer’s insurance, we are only liable for any associated disadvantages, e.g., higher premiums or interest losses until claim settlement.
5. For returns or entries, the delivery note (packing slip) must be enclosed. Costs incurred due to unjustified claims will be borne by the buyer.

VI. Retention of Title

1. We retain ownership of the delivered goods until full payment is made for the respective contract. If the buyer is an entrepreneur, retention of title also applies to claims arising from ongoing business relations.
2. Any processing, connection, or transformation of the delivered goods is carried out for us as the manufacturer, but at no additional cost to us. The buyer receives a right to expect our ownership in proportion to the value of the goods.
3. The buyer may only sell or process reserved goods in the ordinary course of business. Claims arising from the sale or other transfers of the goods are assigned to us as security.
4. The buyer is authorized to collect assigned claims until further notice, provided they transfer the proceeds to us.
5. The buyer must treat retained goods with care, insure them against fire and theft risks at their expense, and provide proof of insurance.
6. If the buyer defaults on payment or violates their obligations, we can request the return of the goods.

VII. Return of Goods

Goods delivered in accordance with the order cannot be returned later than 8 days after delivery, except in exceptional cases where our explicit consent is required. If agreed, and the goods are in perfect, resalable condition with their original packaging, a credit will be issued, with a minimum 10% restocking fee.