Terms of Service
§ 1 Scope and contractual basis
(1) For the contract of sale concluded between you as buyer and us as a seller concerning the delivery of our goods the following conditions of sale apply.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions and our order confirmation or declaration of acceptance.
(3) Illustrations or drawings contained in our advertisement, especially in our online shop, as well as in our offer documents, are only approximate, insofar as the information contained therein has not been expressly stated as binding by us.
§ 2 Customer specification
We manufacture our goods according to your individual choice or destination. We make custom made, our goods are not prefabricated.
§ 3 Revocation right
(1) Due to the above customer specification, your statutory right of withdrawal in respect of distance sales contracts does not exist. Only as long as we do not supply goods according to the customer specification, you are entitled to revoke.
(2) In the case of a revocation of your declaration of consent to the conclusion of the purchase contract, you must bear the regular costs of the return of the goods detailed in the revocation instruction (there under withdrawal sequences).
(3) We ask you to return the goods to us in their original packaging.
§ 4 prices; payment
(1) Our prices include the packaging costs and the statutory value added tax; Shipping and delivery costs are only included in our prices if a separate agreement has been reached with you.
(2) Unless we have agreed otherwise with you in writing, the purchase price you owe must be paid without deduction within 30 days after our invoice has been received by you.
(3) If you are in arrears with the payment, we shall be entitled to charge interests of 5 per cent points above the respective base rate of the European Central Bank (ECB). We reserve the right to prove higher damages.
§ 5 set-off; lien
You are only entitled to set off against our claims if your claims have been legally established, we have recognized them or if your claims are undisputed. You are also entitled to set off against our claims if you assert claims of defect or counterclaims from the same purchase contract. As you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
§ 6 Delivery and Service Period
(1) Our delivery dates or delivery periods are exclusively non-binding, unless these have been expressly agreed between you and us as binding.
(2) You can request us in writing within four weeks of a non-binding delivery date or a non-binding delivery period to be delivered within a reasonable period of time. In the event that we fail to meet a delivery date which is expressly agreed as binding or a delivery period which is expressly agreed as binding, or if we are in default for another reason, you must provide us with a reasonable period of time to effect our performance. If we allow this grace period to expire without results, you are entitled to withdraw from the purchase contract.
(3) Subject to the limitations set forth in section 7 below, we shall be liable to you in accordance with the statutory provisions if the contract is a fixed transaction or if you are entitled to a delay due to a delivery delay which we are responsible for, Of your interest in the fulfillment of the contract.
(4) We are entitled to partial deliveries and partial services at any time provided that this is reasonable for you.
§ 7 Rights in case of default and deficiencies; liability
(1) Insofar as delivered goods do not have the nature agreed upon between you and us or if they are not suitable for the requirements according to our contract or the use in general or the properties which you could expect according to our public statements, we are obligated to supplementary performance , This does not apply if we are entitled to refuse the supplementary performance due to the statutory regulation.
(2) The supplementary performance shall be made at your choice by removing the defect (reworking) or delivery of new goods (replacement delivery). In doing so, you must grant us a reasonable period for supplementary performance. You are not entitled to lower the purchase price or withdraw from the contract during the supplementary performance. If we have attempted the rectification twice in vain, this is considered to have failed. If the supplementary performance has failed, you are entitled, at your discretion, to reduce the purchase price or to withdraw from the contract.
(3) You can only assert claims for damages on account of a defect if the supplementary performance has failed. This shall not affect your right to assert further claims for damages in accordance with the following paragraphs.
(4) We are liable according to the statutory provisions for damages to life, body and health which are based on a culpable breach of duty by us, our legal representatives or our vicarious agents. Furthermore, we are liable according to the statutory provisions for other damages, which are based on intentional or grossly negligent breaches of contract as well as fraudulent intentions of us, our legal representatives or our vicarious agents. As far as the scope of application of the Product Liability Act is concerned, we are fully liable for its provisions.
We are also liable in the context of a quality and / or durability warranty, provided that we have delivered such goods with regard to the delivered goods. If damage occurs, which is due to the fact that the quality or durability which we have provided is missing, and if this damage does not occur directly on the goods delivered by us, then we are liable Only if the risk of such damage is evidently covered by our condition and durability guarantee.
(5) If a damage is caused by default or due to a defect on the simple negligent violation of an essential contractual obligation, that is to say the simply negligent violation of a duty, the fulfillment of which allows the proper execution of the contract at first and on which you may regularly trust as a buyer , Our liability is limited to the foreseeable and contract-type damage at the time the contract is concluded. The same applies if you are entitled to damages instead of performance.
(6) No further liability claims against us exist, irrespective of the legal nature of your claims against us. This shall not affect our liability under paragraph 3 above.
§ 8 Reservation of title
The goods delivered (reserved goods) remain our property until the full payment of all claims under this contract.
§ 9 Final provision, applicable law
The law of the Federal Republic of Germany applies to our contract. The application of the UN purchase law is excluded.