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Conditions of use

1. Application of the terms and conditions

(I) The deliveries, services and offers of the seller shall take place exclusively on the bsis of these terms and conditions of business. These shall thus apply for all future business relationships, even if they are not expressly agreed again. These terms and conditions shall be considered as accepted at the latest at the time of taking delivery of the goods or service. We hereby object to counterconfirmations by the buyer pointing out its terms and conditions of business or purchase.
(II) All agreements that are entered into between the seller and the buyer for the purpose of this contract must be recorded in writing in this contract.

2. Offer and the conclusion of the contract
(I) The offers of the seller are unbinding and without obligation. Declarations of acceptance and all orders shall not be deemed legally effective, unless or until confirmed in writing by letter or by fax by the seller.
(II) Drawings, illustrations, measures, weights or any other performace data are only binding if this is expressly agreed in writing.
(III) The sales clerks of the deller are not authorized to enter into verbal collateral agreements or give verbal undertakings that go beyond the content of the written contract.

3. Prices
(I) The prices stated in the acknowledgement of the order by the seller plus the respective statutory VAT shall prevail. Additional deliveries and services shall be charged separately.
(II) Unless otherwise agreed, the prices are quoted ex warehouse Frankfurt/M.

4. Term of delivery and service
(I) Terms of delivery or delivery times that are agreed with or without binding force must be in writing.
(II) The seller is not responsible for delays in delivery and service due to force majeure and due to occurrences that render the delivery significantly more difficult or impossible for the seller - including strikes, lockouts, official orders, etc., even if they occur at the business premises of suppliers of the seller or their subcontractors, and even in the event of terms and deadlines agreed with binding force. They entitle the seller to defer the delivery or service by the duration of the impediment plus an appropriate start-up period or to rescind the contract in whole or in part due to the not yet performed part of the contract.
(III) If the impediment lasts longer than three months, after setting an appropriate additional period of grace, the buyer is entitled to rescind the contract with regard to the not yet performed part. If the delivery time is extended or the seller is released from its obligation, the buyer may not derive any claims for damages from this. The seller may only invoke the stated circumstances if it notifies the buyer of these without undue delay.
(IV) If the seller is deemed responsible for the non-observance of binding warranted terms and deadlines or finds itself in default, the buyer shall have a claim to compensation for default in the amount of 1/2% for each completed week of the default,however, in total no more than up to 3% of the invoice value of the deliveries and services eaffected by he default. Further claims shall be excluded, unless the default is at least based on gross negligence by the seller.
(V) The seller is entitled to make deliveries and services by installment at any time.
(VI) The timely and orderly performance of the obligations by the buyer shall be a precondition of the observance of delivery and service obligations by the seller.
(VII) If the buyer defaults in acceptance, the seller is entitled to demand compensation for the damage and loss it has incurred; the risk of the accidental deterioration and accidental perishing or loss of the goods shall pass to the buyer upon the onset of the default in acceptance.

5. Passing of the risk
The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the warehouse of the seller for the purpose of forwarding. In the dispatch of the goods becomes impossible without the fault of the seller, the risk shall pass to the buyer upon the notification of the readiness to dispatch the goods.

6. Warranty
(I)Warranty for electronic goods shall be excluded.
(II) The seller must notify to the seller any defects in writing without undue delay, however, at the latest within 10 days after the receipt of the delivery item.

7. Patents or other third party protected privileges
In the evetn of a breach of patents or other protected privileges of third parties and associated bans on sale, claims for damages against the seller by the buyer shall be excluded.

8. Retention of title
(I) The goods shall remain the property of the buyer until such time as all present or future claims to which the seller is entitled against the buyer for whatever legal reason have been settled.
(II) In the event of access to the reserved goods by third parties, in particular seizures or attachments, the buyer shall draw attention to the ownership by the seller and notify the seller without undue delay so that the seller can enforce its property rights. If the third party is not in a position to reimburse the seller for the cort and out-of-court costs incurred in this connection, the buyer shall be liable for these.
(III) In the event of behaviour by the buyer contrary to the terms of the contract, in particular default in payment, the seller is entitled to take back the reserved goods or if applicable demand the assignment of the claims of the buyer against third parties for the return of the goods. The taking back or seizure or attachment of the reserved goods by the seller shall not entail a right to rescid the contract.

9. Payment
(I) Unless otherwise agreed, the invoices of the seller are payable without deductions immediately after the presentation of the invoice.
(II) If the buyer default, the seller is entitled to demand interest in the amount of 2% above the respective discount rate of the Central Bank of Germany [Deutsche Bundesbank] as lump-sum damages from the point of time concerned. The interest must be set at a lower rate if the buyer furnishes documentary evidence of a lesser charge; the documentary evidence of higher damage or loss by the seller is admissible.
(III) The buyer is only entitled to set off claims, retain title or reduce the payment, even if notice of defects of quality or quantity given by purchaser to seller in sales governed by the Commercial Code or counterclaims are asserted, if the counterclaims have been stablished by declaratory judgement or are uncontested. The buyer is however entitled to retain title to the reserved goods on account of counterclaims arising out of the same contractual relationship.

10. Limitation on liability
Claims for damages for positive breach of an obligation, based on fault when concluding the contract and on unlawful acts shall be excluded both against the seller as well as its vicarious agents, unless intentional or grossly negligent behaviour occurs. This shall also apply for claims for damages for non-performance, however, only insofar as compensation for indirect or consequential harm caused by a defect is demanded, unless the liablity is based on a warranty that is to supposed to cover the risk of such damage or loss. Each liability shall be limited to the damage or loss foreseeable at the time of concluding the contract. In any case, this shall not affect a liability of the seller based on product liability and any other claims under the terms of the Product Liability Act [Produkthaftungsgesetz].

11. Applicable law, place of jurisdiction, severability
(I) For this business relationship and the entire legal relations between the seller and the buyer, the law of the Federal Republic of Germany shall apply.
(II) If the buyer is a merchant [Vollkaufmann] within the meaning of the German Commercial Code [Handelsgesetzbuch], a legal entitity under public law or a separate estate under public law, Frankfurt/Main shall be the exclusive place of jurisdiction for all disputes directly or indirectly arsing out of the contractual relationship.
(III) Should a provision in these terms and conditions of business or a provision in the terms of other agreements be or become ineffective, this shall not affect the effectiveness of all other provisions or agreements.