General Terms and Conditions
Our deliveries are made exclusively in accordance with the following terms and conditions of sale and delivery
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Our Terms and Conditions of Sale and Delivery apply exclusively;
We do not recognize any conflicting or deviating terms and conditions of purchase unless we have expressly agreed to their validity in writing. Our Terms and Conditions of Sale apply even if we make a delivery without reservation while aware of conflicting or deviating terms and conditions of purchase.
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Our prices are net, plus the applicable statutory sales tax.
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Deliveries are made from our warehouse in St. Ingbert. The customer is responsible for shipping costs. This applies in particular to additional costs incurred due to special requests by the customer, such as deliveries by courier or express service. For orders with a net merchandise value of €500 or more, we offer free shipping within EU countries; deliveries to islands are excluded from this free shipping offer. The customer is responsible for any customs clearance fees. St. Ingbert is the place of performance for all claims arising from or in connection with contracts to which these Terms and Conditions of Sale and Delivery apply.
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Standard packaging is not billed separately.
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The purchase price must be paid net (without deduction) within 30 days of the invoice date to account no. 116691000 at Bank1Saar, bank code 591 900 00. We grant a 2% discount for payments made within 10 days of the invoice date. In the event of late payment, we reserve the right to charge interest at the statutory rate. The date of payment shall be determined by the date the credit is received in the aforementioned account. If we become aware of circumstances that cast serious doubt on the customer’s creditworthiness—in particular, the customer’s suspension of payments or the dishonoring of checks issued by the customer—we are entitled to declare all outstanding claims arising from the business relationship due and payable, even if we have accepted checks. In such a case, we are also entitled to demand advance payments. Furthermore, we are entitled to immediately withdraw from circulation all acceptances, bills of exchange, and checks outstanding in connection with the business relationship.
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The delivered goods remain our property until all claims arising from the business relationship (including any refinancing or reverse bills of exchange) have been paid in full. Any processing or transformation of our products by our customer is always carried out on our behalf free of charge. If our products are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of our products (invoice amount including sales tax) to the value of the other processed items at the time of processing. In all other respects, the same provisions apply to the item created through processing as to our products delivered under retention of title. The same applies in the event of mixing. By placing an order, the customer expresses an offer to conclude an agreement to the effect that, in the event our retention of title should expire due to any circumstances, (co-)ownership of the new item shall pass to us upon processing or mixing. The delivery of our products shall be deemed our acceptance of this offer. In such cases, the customer shall hold the new item in safekeeping for us free of charge. The products delivered by us may only be resold in the ordinary course of business. Upon ordering our products, the customer assigns to us all claims arising against third parties from the resale, regardless of whether the purchased item was resold as is or after processing. If, in addition to our goods subject to retention of title, the processed product contains only items that either belonged to the customer or were delivered under so-called simple retention of title, the customer assigns the entire purchase price claim to us. In the event of overlapping assignments to multiple suppliers, we are entitled to the fraction of the claim corresponding to the ratio of the invoice value of our goods subject to retention of title to the invoice value of the new item. Notwithstanding the assignment, the customer remains authorized to collect its claims against third parties arising from the resale of our products. Our right to collect the receivable ourselves remains unaffected by this. We undertake not to collect the receivable as long as the customer meets its payment obligations from the proceeds received, does not fall into default, does not suspend payments, and, in particular, no petition for the opening of insolvency proceedings is filed, and no check or bill of exchange is protested and no attachment is made. If any of these events occurs, any assigned receivables received thereafter must be accumulated in a separate account. In addition, we may require that the customer provide us with a list of the claims assigned to us and their debtors, furnish all information necessary for collection, hand over the relevant documents, and notify the third parties of the assignment. At the customer’s request, we will release goods subject to retention of title of the customer’s choice, provided that the realizable value of the collateral exceeds the claims to be secured by more than 20%.
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We are liable for the quality of our products and, in particular, for any material or workmanship defects in accordance with statutory warranty provisions. Our products are subject to a natural aging process depending on the nature and duration of their use and how they are cared for. Normal signs of wear and tear resulting from the use and care of our products do not constitute defects. We are therefore not liable for these. We will bill our customers for any costs incurred by us due to unauthorized returns made without prior consultation with us. We calculate these costs as a flat rate of 10% of the original purchase price of the products returned to us without authorization. However, the customer is entitled to prove that the unauthorized return caused us no damage or damage significantly lower than this flat rate. Visible defects or discrepancies in quantity must be reported within 8 days of receipt of the goods. Defects not recognizable at the time of delivery must be reported within 8 days of their discovery. The obligation to inspect the goods remains unaffected.
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The customer is entitled to set off claims only if his counterclaims have been legally established, are undisputed, or have been acknowledged. Furthermore, he is authorized to exercise a right of retention only if his counterclaim is based on the same legal relationship.
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In connection with our accounting operations, and in particular for the purposes of collecting receivables and, where applicable, outsourcing accounts receivable management, we collect, store, process, and use invoice-related information and data about our customers.
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Our contracts with our customers are governed by German law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods of April 11, 1980.
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The exclusive venue for all disputes arising from or in connection with contracts to which these General Terms and Conditions of Sale and Delivery apply is Saarbrücken.