1.3 Conclusion of contract
The presentation of the assortment in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step you enter your data including billing address and, if applicable, different delivery address, if you have not already entered them in your customer account. In the third step you select the desired payment method. In the fourth step you have the possibility to enter all information (e.g. name, address, payment method, ordered items) again, payment method, ordered items) once again and, if necessary, to correct any to correct any input errors, before you place your order by clicking on the button “order with obligation to pay”. With the order you declare binding your contract offer. We will confirm the receipt of the order without delay. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to cancel the contract offer order within two days after receipt of the order by e-mail, fax, telephone, or order by e-mail, fax, telephone, post or by notification of the dispatch of the goods. dispatch of the goods. Only with the acceptance the contract is concluded.
1.4 Storage of the contract text
The contract text will be stored by us and you after sending your order your order together with these terms and conditions and customer information in text form (e.g. by e-mail, fax or post) after you have sent your order. The contract text can after sending your order, however, can no longer be retrieved from the website after you have sent your order. You can use the print function of the browser print out the relevant website with the text of the contract.
In order to use the full scope of this website, it is first necessary to necessary to create a customer account. Here the data required for the data required for the provision of services by us. The entries are confirmed by clicking on the “Register” button. You will receive a confirmation e-mail with the information required for a login. Only when you log in to our website for the first time with this information, the registration is completed.
The password that allows you to access to the personal area is strictly confidential and must not be and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from learning your password. by third parties. A customer account may not be transferred to other users/ customers or other third parties.
1.6 Subsequent amendment of the terms and conditions
We shall be entitled to subsequently adjust and supplement the General terms and conditions with respect to existing business relationships, as far as changes in legislation or jurisdiction require it or circumstances lead to the contractual equivalence relationship being disturbed in more than is not only insignificantly disturbed. A subsequent amendment of the Terms and Conditions shall become effective if you do not object within six weeks after notification of the within six weeks of notification of the change. At the beginning of the period, we will the effect of your silence as acceptance of the contract amendment and give you the and give you the opportunity to make an express declaration during the period. express declaration during the period. If you object within the time limit, both both we and you may terminate the contractual relationship for cause, unless we allow the contractual relationship to continue under the old General continue under the old General Terms and Conditions.
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to and due to extraordinary and unforeseeable events, which cannot be prevented by us cannot be prevented by us even through the utmost diligence and for which we are not for which we are not responsible (this includes in particular strikes, official or judicial judicial orders and cases of incorrect or improper self-delivery despite the correct or improper self-delivery in spite of a covering transaction to this effect), entitle us to to postpone the delivery for the duration of the impeding event. postponed.
2.3 Exclusion of delivery
P.O. Box addresses are not delivered.
2.4 Default of acceptance
Geraten Sie mit der Abnahme der bestellten Ware in Verzug, sind wir nach Setzung einer angemessenen Nachfrist berechtigt, vom Vertrag zurückzutreten und Schadensersatz wegen Verzug oder wegen Nichterfüllung zu beanspruchen. Während des Annahmeverzugs tragen Sie die Gefahr des zufälligen Untergangs oder der zufälligen Verschlechterung.
Unless otherwise expressly agreed, delivery shall be effected by us within delivery by us within 5 days. The start of the delivery period payment is the day after issuance of the payment order to the remitting bank or in the case of cash on delivery or invoice purchase the day after invoice purchase the day after conclusion of the contract. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period ends on the next working day.
3.1 Prices and shipping costs
All prices are exclusive of sales tax. To this must be added the costs for packaging and shipping, which are shown separately in each case, unless collection by you at our place of business is agreed.
3.2 Default of payment
You will be in default of payment if the payment is not received by us within two weeks after receipt of the invoice. In the event of default in payment interest will be charged at a rate of 9 percentage points above the base interest rate of the European Central Bank will be charged. Should you be in default with your payments payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. to invoice. The assertion of a claim for damages in excess of this compensation remains unaffected. You have the possibility to prove prove that we have incurred no or less damage.
3.3 Right of retention
You shall only be entitled to assert a right of retention for those counterclaims that are due and based on the same legal relationship as your obligation. legal relationship as your obligation.
4. Retention of title
The goods, works and materials delivered by us shall remain our property until all until all present and future claims arising from the business relationship have been from the business relationship. You shall assign to us any claim compensation that you receive for the damage, destruction or loss of these goods. loss of these items to us. Unless otherwise agreed in the following, you shall not be entitled to you are not entitled to sell the items delivered to you under retention of title. delivered to you under retention of title, to sell, to give away, to pledge or to pledge or assign by way of security.
4.2 Attachment and other impairments
If the object subject to retention of title is seized or otherwise impaired by third otherwise impaired by third parties, you must notify us immediately so that a so that an action can be brought in accordance with §771 ZPO. As far as third party is not in a position to bear the judicial and extrajudicial and out-of-court costs of an action pursuant to § 771 ZPO, you shall be liable for the loss loss incurred by us.
You are entitled to resell the reserved goods in the normal course of business. normal course of business. The claims of the customer from the resale of the resale of the goods subject to retention of title to us in the amount of the final agreed final invoice amount (incl. value added tax). This assignment shall apply regardless of whether the purchased goods have been resold without or after processing. has been resold. You shall remain entitled to collect the claim even after the assignment. authorized. The authority of us to collect the claim ourselves remains unaffected by this. unaffected by this. However, we shall not collect the claim as long as you meet your as long as you meet your payment obligations from the collected proceeds, are not in default are not in default of payment and, in particular, no application for the opening of insolvency insolvency proceedings have been filed or payments have been suspended.
4.4 Transformation, treatment and processing
The processing or transformation of the object of sale by you shall always be carried out always in the name and on behalf of us. In this case, your expectant right to the right to the object of sale shall continue to exist in the transformed object. If the processed with other objects not belonging to us, we shall acquire co-ownership of the we shall acquire co-ownership of the new item in the ratio of the objective value of the item value of the purchased item to the other processed items at the time of processing. processing. The same shall apply in the event of mixing. If the mixing takes place in such a way that your item is to be regarded as the main item, it is main thing, it shall be deemed agreed that you shall transfer to us pro rata joint ownership and hold the resulting sole ownership or co-ownership in safe custody for us. For the you also assign to us such claims as may accrue to you as a result of the combination of the claims against you that accrue to you against a third party as a result of the combination of the reserved against a third party through the combination of the reserved goods with real estate; we accept this assignment already now.
4.5 Take back
In the event of any breach of contract by you, in particular in the case of default of payment, but also in the event of an application for insolvency proceedings against your over your assets, we shall be entitled to take back the goods. The case does not constitute a rescission of the contract, unless we expressly declare this unless we expressly declare this in text form.
4.6 Release of collateral
If the value of the collateral exceeds the value of the secured claims by more than value of the secured claims by more than 15 percent, we shall be obligated to release the release of collateral at your request.
5. Warranty for the purchase contract
There are legal warranty rights. A warranty claim can only arise with regard to the quality of the goods. reasonable deviations in the aesthetic properties of the goods are not covered by the warranty. are not subject to the warranty claim. In particular with regard to descriptions, representations and information in our offers, brochures, catalogs, website and other catalogs, on the website and other documents, technical and design deviations may occur (e.g. deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), design, scale, positioning, etc.), insofar as these changes are reasonable for you. are reasonable for you. Such reasonable reasons for changes may result from variations customary in the trade and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect the warranty rights.
5.2 Warranty claim
In the event of a defect, we shall provide subsequent performance at our own discretion in the form of rectification of the defect or new delivery. You must report obvious defects immediately and non-obvious defects immediately after in text form; otherwise the assertion of the warranty claim is excluded. warranty claim is excluded. The timely dispatch is sufficient to meet the timely dispatch is sufficient. You shall bear the full burden of proof for all claim, in particular for the defect itself, for the time of the discovery of the of the defect and for the timeliness of the notice of defect. notice of defect.
5.3 Rights in case of insignificant defect
In the event of an insignificant defect, you shall only be entitled to an the right to a reasonable reduction of the purchase price to the exclusion of the right of withdrawal. of the purchase price.
5.4 Compensation for defects
No warranty is given for damage caused by improper handling or use. no warranty is given for damage resulting from improper handling or use. The following disclaimer is expressly referred to the following exclusion of liability.
For used goods the warranty is excluded and for new goods this is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the limitation period expressly does not exclude the liability for damages arising from injury to life, limb or health or in the case of health or in the case of intent or gross negligence. Also the provisions of the Product Liability Act shall also remain unaffected.
6. Maintenance and service
In accordance with the respective contractual agreement, we shall also provide provide maintenance and repair services for the goods supplied even beyond the statutory maintenance services for delivered goods. Your warranty rights shall shall not be affected thereby.
Our services include all measures that are required as a result of the and the resulting wear and tear of the delivered goods. necessary for the goods supplied. Our services refer to the place of delivery place of delivery designated in the written order confirmation.
6.3 Damage to or caused by third-party goods
Defects or damage caused by or to products not supplied by us shall be products are excluded from our maintenance and service activities. excluded.
6.4 Right to vote
Within the scope of maintenance and servicing, we shall have a right to choose, as an alternative to repair, a replacement delivery of an equivalent equivalent new or used goods or components.
6.5 Presentation of the services
For details of our services, please refer to the latest edition of our current issue of our “Maintenance and Service” brochure.
7. General information about renting
We reserve the right to demand a reasonable deposit for the rental demand.
7.2 Rental period
The agreed rental period begins with the receipt of the rental object by the the lessee. The rental period ends with the handover/receipt of the return of the rental object to us. The return has to take place at the latest by 9:00 o’clock in the morning on the agreed return day. The day of return shall be deemed to be the return by 9:00 a.m., will not be charged for the rental payment. If you return return the rental object to us after 9:00 a.m., you will incur additional additional costs.
7.3 Your duties as a tenant
You may not sublet the rental property. You may only use the use the rental equipment only in combinations approved by the manufacturer.
The legal warranty rights exist.
8. Provision and return for rental
8.1 Handover protocol
When handing over and taking back the rental object, a handover or return protocol (rental delivery note) must be (rental delivery bill) must be completed in full and signed. signed. These two protocols are components of the rental agreement.
8.2 Spare equipment provision
If the rental object cannot be made available at the time of handover we reserve the right to provide a comparable rental item to the extent insofar as it is reasonable for you.
8.3 Fault of the tenant
If the rental object is destroyed through your fault or if it is foreseeable, that its use will be restricted or rendered impossible by a circumstance for which you are responsible. for which you are responsible, we may refuse to provide substitute rented refuse. A termination by you according to § 543 II No. 1 BGB is excluded in this excluded in this case.
8.4 Late return
The provision of § 545 BGB shall expressly not apply. If you do not return the rental object to us at the end of the agreed period of use or at the to us at the agreed time, we shall be entitled to charge a usage fee in the amount of the period of retention exceeding the term of the contract, we shall be entitled to the amount of the agreed rent for the period of retention exceeding the term of the contract. Any further claims claims for damages on our part remain unaffected. An extension of the rental period is only possible with our express consent in text form. text form. The right to use the leased property shall extend only to the agreed period of use. Continuation of use after expiry of the expiry of the rental period shall not lead to an extension of the rental agreement even does not lead to an extension of the rental agreement.
8.5 Premature return
The return of the rental object before the expiry of the agreed rental period does not does not result in any reduction of the agreed rent, unless the rental object can be rented object can be rented to another party or in the event of an extraordinary extraordinary termination without notice by you for good cause.
8.6 Return state
You undertake to return the rental object to us at the contractually agreed time cleaned and in a recorded condition (according to the handover protocol). return to us. If the rental object is not or insufficiently cleaned on return, the actual cleaned, the actual cleaning costs will be charged in addition. will be charged.
8.7 Unfree return
If the return of the rental object is made by mail, you are obliged to bear the shipping costs incurred.
9. Responsibility of the tenant
9.1 Proper Handling
The rental object is to be handled carefully and properly, and is to be operated properly and to operate it in accordance with the specifications. Furthermore, the lessee shall ensure that that for the transport of the rental object (including the return shipment) in suitable transport and packaging material is used (e.g. the material of the shipping to the lessee). The lessee may not at the leased property
9.2 Scope of liability during the agreed useful life and after expiry of of the agreed useful life
You are liable for such damage that goes beyond normal use or wear and tear, if you are responsible for this. wear and tear, insofar as you are responsible for this.
9.3 Compulsory insurance
You are obliged to insure the rental object against loss, theft, damage or accidental destruction. Likewise, there is the obligation to take out a transport insurance for the delivery and the return shipment.
10. Purchase of the leased property
It could purchase the leased property at any time by offsetting the rent payments made up to that point.
10.2 Conclusion of contract
The contract is concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is for you to send us an submit an inquiry. Subsequently, you will receive a confirmation from us of receipt of your order, which, however, does not cause or confirm a contract acceptance. or confirms acceptance of the contract. With agreement on our part you receive from us an offer to purchase, taking into account the purchase price at the time of your order of the rental object. Already paid rents are included. Bach complete painting of the purchase price in advance, you will receive a Confirmation of the purchase of the rental item after the expiry of the rental period.
10.3 Retention of title
The delivered goods remain our property until full payment of the purchase price. purchase price is paid in full. You shall treat the goods subject to simple retention of title goods subject to simple retention of title with care at all times. You shall assign to us any claim or you receive for damage, destruction or loss of the delivered goods to us. delivered goods to us. If you behave contrary to the contract, especially in case of default of payment, we are entitled to take back the purchased take back. In this case, the taking back of the goods does not constitute a rescission of the contract from the contract, unless we expressly declare this in text form.
We as well as our legal representatives and vicarious agents shall be liable only for intent. Only if essential contractual obligations (i.e. those obligations whose obligations, the compliance with which is of particular importance for the achievement of the of particular importance for the achievement of the contractual purpose), we shall also be liable negligence. In this case the liability is limited to the foreseeable, contract-typical damage.
11.2 Liability reservation
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. Also the provisions of the Product Liability Act shall remain unaffected by this shall remain unaffected by this exclusion of liability.
12. Final provisions
The exclusive place of jurisdiction for all legal disputes arising from this contract is our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, insofar as you are a merchant, a legal legal entity under public law or a special fund under public law. special fund under public law.
12.2 Choice of law
Unless mandatory legal provisions according to your home law conflict with this German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. agreed.
12.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining of the remaining General Terms and Conditions.