§ 1 General - Scope of application
(1) Our Terms and Conditions of Sale shall apply exclusively; we do not recognize any terms and conditions of the
conditions of the customer, unless we have expressly agreed to their validity in writing.
agreed in writing. Our Terms and Conditions of Sale shall also apply even if we are aware of conflicting or deviating
conditions of sale of the customer without reservation.
(2) Our Terms and Conditions of Sale shall only apply to entrepreneurs within the meaning of Section 310 (1) BGB.
§ 2 Offer - Documents
(1) The customer is bound to his order for 2 weeks. The purchase contract is concluded if we confirm acceptance of the order for the
the acceptance of the order of the specified object of purchase or have carried out the delivery within this period.
have carried out the delivery.
(2) Additions and amendments to the contract require our written or faxed confirmation in order to be legally effective.
confirmation. Our sales representatives and other employees are not authorized to make verbal collateral agreements.
make verbal collateral agreements.
(3) If it turns out that ordered goods are not available, we reserve the right to withdraw from the contract. We will inform the
inform the customer immediately of the unavailability and reimburse any payments already made by the customer without delay.
immediately.
(4) Illustrations, drawings, models, descriptions, files, calculations and other documents made available to the purchaser, customer or interested parties shall be treated confidentially,
files, calculations and other documents are to be treated confidentially. We reserve the right of ownership and
the copyright. Disclosure to third parties requires our written consent. The customer may not use the aforementioned
or documents to third parties without our express consent, either as such or in terms of content, or disclose them
use or reproduce them himself or through third parties.
At our request, he must return them to us in full and without retaining any copies.
§ 3 Prices - Terms of payment
(1) The prices quoted are ex works or ex warehouse, plus statutory value added tax. This will be
separately in the invoice at the statutory rate on the day of invoicing.
(2) The costs for packaging, insurance, shipping and customs duties shall be invoiced separately to the customer, provided that
unless we have expressly agreed otherwise in our current price list.
(3) Our deliveries are insured up to a value of 500.00 Euro. In the case of deliveries higher than the
value of goods, the insurance cover shall be extended accordingly by us. The associated
additional costs will be invoiced separately to the customer.
(4) Our invoices are due and payable without deduction within 14 days of the invoice date. The
statutory regulations regarding the consequences of late payment shall apply.
(5) If the customer is in default of payment, we shall be entitled to charge interest on arrears at a rate of 8.5% above the prime rate in accordance with § 1 of the
Discount Rate Transition Act. We reserve the right to prove higher damages caused by default. The customer is
entitled to prove that we have suffered no or less damage as a result of the delay.
charge the statutory interest rate.
(6) If the customer is in default of payment, we shall be entitled to charge reminder fees for each further reminder in the amount of
of 5 Euro for the 2nd reminder and 10 Euro for the 3rd reminder. There is no payment obligation for the first reminder.
(7) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us.
recognized by us. In addition, the customer is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
is based on the same contractual relationship.
§ 4 Securing retention of title
(1) Our deliveries are always subject to retention of title. All goods delivered by us shall remain our property until full payment of all
of all claims arising from the business relationship with the customer.
(2) If the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the purchased item.
The taking back of the purchased item by us shall constitute a withdrawal from the contract.
§ 5 Right of return
(1) Returns of goods are only possible after consultation with us and with our consent in the same accounting year,
provided that the shelf life of the goods is at least another year and the returned goods are in their original
undamaged and saleable goods in their original packaging. The booking year is the calendar year.
(2) In the case of returns within a period of 3 months after receipt (the date of the proof of receipt from the
of the shipper) the purchase price will be refunded in full. After the expiry of 3 months, for returns from
orders executed without defects, the customer shall pay us a processing fee amounting to 25% of the sales price.
pay. The receipt of the goods by us is decisive for the timeliness of the return within the 3-month period.
(3) Deliveries of goods via pharmaceuticals are excluded from the possibility of return.
(4) The customer shall bear the costs of returning goods, unless the goods delivered do not correspond to those ordered. The
proof of the return shipment must be provided by the customer.
§ 6 Liability
(1) The customer shall bear sole responsibility for knowledge of and compliance with the relevant regulations
for the use and storage of the delivered goods from the transfer of risk. The customer shall indemnify us against all
claims and obligations which we incur towards third parties as a result of the customer's breach of this obligation.
(2) We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation.
liability for damages is limited to the foreseeable, typically occurring damage.
(3) Any further liability for damages other than that specified in § 5 (2) is excluded, regardless of the legal nature of the asserted claim.
claim - is excluded. This applies in particular to claims for damages arising from culpa in contrahendo,
due to other breaches of duty or due to tortious claims for compensation for material damage in accordance with § 823 BGB.
(4) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal
to the personal liability for damages of our employees, staff, representatives and vicarious agents.
§ 7 EDP data utilization
(1) The customer agrees that the data arising from the business relationship may be stored by us in accordance with § 28
Federal Data Protection Act for the purpose of data processing.
§ 8 Place of jurisdiction - place of performance
(1) The place of performance is our registered office.
(2) The place of jurisdiction for all disputes arising from the business relationship shall be the registered office of the company, provided the
the customer is a merchant, a legal entity under public law or a special fund under public law. We
shall also be entitled to take legal action against the Purchaser before another legally competent court. The statutory
provisions on exclusive places of jurisdiction shall remain unaffected.
(3) The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.