Terms and Conditions
General Terms and Conditions
1 - Scope Our General Terms and Conditions (GTC) apply to all our offers, deliveries, and services. Deviations from these conditions, especially oral agreements, require written confirmation. The GTC are accepted by placing an order or accepting the delivery. The buyer's purchasing conditions that we do not expressly acknowledge are non-binding for us, even if we do not explicitly object. Catalog data, illustrations, and properties are only approximately authoritative unless explicitly confirmed as binding.
2 - Offer and Acceptance Our offers are always non-binding unless explicitly stated otherwise. If contracts are concluded subject to written or telegraphic confirmation, the content of our confirmation letter is decisive unless the recipient objects immediately.
3 - Prices Our prices are net prices ex-warehouse, excluding freight, packaging, and VAT, unless otherwise agreed in writing. The prices listed are valid until a new list is published, unless we are compelled to make early price adjustments due to price increases by manufacturers.
4 - Delivery Our delivery is made solely under retention of title and at the buyer's risk and expense, even with free delivery. For orders under €50 net value, we reserve the right to charge a processing fee of €10. We are entitled to make partial deliveries and adjust the order quantity to the next higher packaging unit. The choice of shipping method and type is at our discretion. In the event of delays due to force majeure or other events not attributable to us, delivery may be postponed by us for the duration of the corresponding impediment.
5 - Returns The buyer may not refuse acceptance or payment of goods delivered as ordered. The return of delivered goods is generally excluded. However, the buyer can withdraw from the contract within the framework of legal provisions if the seller is at fault for a breach of duty. In case of breach of duty, the buyer must declare within a reasonable period after our request whether they withdraw from the contract due to the breach of duty or insist on delivery. In the case of defects, legal provisions apply. In the event of withdrawal, the return of the goods must be made to us free of charge. We will deduct a processing fee of 20% of the order value, but at least €10.00. Returns must be made in complete, undamaged original packaging without third-party markings, stating the delivery or invoice number.
6 - Claims for Defects The buyer is obligated to inspect the goods delivered by us for their suitability and purpose. Complaints can only be acknowledged if the buyer inspects the goods immediately upon arrival at the agreed destination and notifies us of any alleged defects within 10 days after arrival, or immediately after discovery of concealed defects in writing. If the buyer fails to notify or processes or consumes the goods, the goods are considered accepted. In the case of a timely reported significant defect that is due to manufacturing or not occurring after shipping, the buyer can demand rectification (defect removal or replacement delivery). If rectification fails, the buyer may withdraw from the contract, reduce the purchase price, or claim damages for a significant defect. Claims for defects do not exist for only minor deviations from the agreed quality or only minor impairments of the usability of the goods. Further claims are excluded to the extent legally permissible. We are not responsible for material defects in deliveries that we receive from third parties and forward unchanged to the buyer; responsibility for intent or negligence remains unaffected. Claims and rights regarding defects in used goods - regardless of the legal basis - are excluded. The limitation period for claims and rights due to defects in deliveries is one year. The limitation period begins with the delivery of the goods. Liability for defects or damages caused by transport and subsequent storage, improper handling, incorrect application, or other interventions changing the warranty in the delivered item or due to wear and tear is excluded.
6.1 - Liability In cases of breach of contract by us or one of our representatives or vicarious agents, we are liable in cases of intent or gross negligence. Otherwise, we are only liable according to the Product Liability Act for the culpable breach of essential contractual obligations. Claims for damages due to breaches of essential contractual obligations are limited to the typical, foreseeable damage. Liability for damage caused by the delivery item to the buyer's legal goods, e.g., damage to other items, is excluded. We are not liable for unintentional malfunctions and disturbances of technical devices used for reading, transmitting, storing, and processing data.
7 - Payment Invoices are payable 10 days after the invoice date without any deductions. If otherwise agreed individually, payment must be made on the agreed due date free of expenses and deductions. For customers unknown to us, we may require advance payment. If the payment deadline is not met, the buyer is in default without a reminder. Default interest of 5% above the current base rate of the ECB will be charged without the need for a reminder.
8 - Retention of Title The delivered items remain our property until full payment of the purchase price and all claims we have or will acquire from the business relationship with the buyer.
9 - Place of Fulfillment and Jurisdiction The place of fulfillment is Troisdorf. For all disputes arising from the contractual relationship, if the buyer is a merchant, a legal entity under public law, or a public-law special fund, the lawsuit must be filed with the court responsible for our headquarters. We are also entitled to sue at the buyer's headquarters. German law applies exclusively, excluding the laws on the international sale of movable goods, even if the buyer's company is located abroad.
10 - Miscellaneous The transfer of rights and obligations of the buyer from the contract with us requires our written consent to be effective. Should any provision be or become invalid, the validity of the other provisions remains unaffected.