General Terms and Conditions
General Terms and Conditions
- These General Terms and Conditions apply, without exception, to all goods and services. In addition, the manufacturer’s licensing conditions that accompany the products also apply. All product names and logos are the property of the respective manufacturer. Product depictions show representative examples and can deviate from the products as delivered. When new catalogues and price-lists appear, all prior versions become invalid.
- Deviations from these business conditions, supplementary agreements and ancillary agreements must essentially be tendered in writing. In principle, the most current version of our GTC will apply.
- Our statements and offerings with regard to the products and product descriptions sold by us are non-binding. Taking into account ongoing technical developments and product improvements, we reserve the right to make changes to the construction and manufacture of products, which may differ to the specifications in our various printed publications and online catalog. This also applies to changes that affect our ability to deliver in timely fashion. Printing errors and mistakes are reserved. The buyer is given notice that s/he is not obligated to accept goods that s/he has not ordered, or has not received as ordered. Return shipments are at the cost and risk of the customer.
- Sales contracts only come into existence by virtue of a written order confirmation (e-mail suffices) or the acceptance of the goods by the customer (and after expiration of the cancellation/return deadline). By opening the original packaging, or rather the plastic film wrapping, the customer accepts our copyright protection and the warranty conditions, as well as the manufacturer’s licensing terms.
- Prices and payment conditions:
- For deliveries, the price at the time of the placement of the order, shall apply. The currency of the prices in the catalog are given in € (Euro) and does not include the official value-added tax at the time of printing. In addition to the net price, the extra services will be indicated: shipping costs, insurance, packaging as well as the value-added tax applicable at the time of billing.
- Price changes that become necessary due to war, customs duties, import or export fees, currency controls, exchange rate fluctuations, allocation ware, book market due to price fixing, etc. remain reserved. Return of goods in their original condition is, of course, expected.
- Deliveries and delivery deadlines:
- Delivery dates are to be understood as estimates that will be observed by us if possible, as long as we have not agreed in writing to binding delivery dates. If the delivery deadline is missed, the buyer is entitled to specify an appropriate grace period.
- The delivery deadline is extended by force majeure events, strikes or circumstances that are not the seller’s responsibility, such as circumstances caused by subcontractors or production processes.
- The aforementioned circumstances are also not our responsibility, if they occur during an already-existing delay. The purchaser will be informed as soon as possible regarding the start and end of delays of this kind, in important cases. Any claims instituted by the buyer for damages caused by delivery delays is precluded, as long as such damages are not caused by malicious intent or gross negligence.
- Partial deliveries are permitted to a reasonable extent.
- For deliveries on open order (agencies, companies), these are due without discount and payable within 7 days of date of invoice. If payment is delayed, we are entitled to charge interest on amounts in arrears, in the amount of 5% above the current base interest rate published by the German Central Bank. If payments are behind schedule, we are entitled to delay all deliveries to the customer, including those from other contractual relationships. We are not liable for possible damages resulting from this non-delivery.
Minimum purchase amounts
Domestic: € 25,- Foreign: € 50,-
Flat shipping rate (up to 10kg, domestic)
generally € 7.95
Flat shipping rate (up to 20kg, domestic)
based on expense incurred
Foreign shipping costs
- The object of purchase remains the property of the seller, until compensation is complete in terms of the existing claims of the seller based on the contract. If the buyer is a merchant for whom the contract belongs to his/her commercial trade, then the seller reserves ownership of the good until all claims of the seller are met, including claims arising in the future, also from contracts concluded at the same time or afterwards. The buyer is entitled to resell the purchased goods as part of his/her his ongoing business activities. However, s/he now already relinquishes to the seller, just to be on the safe side, the receivables gained from the resale in the amount of the purchase price. The withdrawal of the receivables is permitted by the buyer in the course of his/her normal conduct of business. The seller can revoke this permission upon presentation of a valid interest – in particular, delay of payment, bankruptcy, etc. The buyer is prohibited from reassigning or pawning the goods, subject to retention of title. In the event of a pledge of the goods, or other impairment by third parties, the buyer is obliged to immediately reference the property of the seller, and to inform the seller by telephone or telegraph with a written follow-up. By processing, connecting or mixing the goods with others that do not belong to the principal, the seller is entitled to a share in the new goods, equal to the calculated value of the seller’s goods at the time of processing, connecting or mixing. For culpable behavior of the seller in breach of contract, especially for the case of delayed payment, the seller is entitled to take back the goods subject to retention of title. The taking back of the goods by the seller does not constitute default of the contract, as long as the German Installment Act does not take effect.
- Missing parts or damage to shipping or product packaging must be pointed out immediately, however within a period of three days or less after receipt of the goods.
- Warranty and Guarantee:
- If the goods are defective or its guaranteed properties are missing, the seller will provide, in accordance with his own choice and without the possibility of any warranty claims by the buyer, a replacement or repair. Upon further failure of the repaired part, or the delivery of a replacement, the buyer can demand a reduction in the compensation or if s/he chooses, rescission of the contract. Obvious shortcomings must be reported in writing within 2 weeks of delivery. If the buyer does not fulfill this duty, any warranty claim against the seller is precluded. The seller can demand the compensation of his/her expenses to the extent he took action without the buyer having reported a failure. In the case of used products, any warranty claim is rejected.
- For our products, we provide a guarantee for a period of 24 months and for consumables, such as rechargeable batteries, for a period of 6 months. The warranty claim on the basis of a detected shortcoming should be placed with us. During the guarantee period, we will process a justified warranty claim either through an exchange or a repair. The guarantee period begins with the date of purchase of the product and applies throughout the EU. The guarantee that is granted stands alongside the statutory warranty and does not affect it. The guarantee only applies to non-commercial use of the products. Exceptions to the guarantee are damages caused by accidents, abusive or improper use, fires, contact with liquids, earthquakes or other external causes, as well as access or repairs by unauthorized persons. In the event of a guarantee claim, please contact us and provide proof of purchase.
- Compensation for damages:
- Damage compensation claims resulting from a positive breach of contract, from culpability during the conclusion of a contract, and from impermissible activity, are precluded, both against the seller as well as against his/her fulfillment agents and other vicarious agents as long as the damages were not caused intentionally or through negligence. This does not apply in the case of violation of significant contractual obligations. This also does not apply for damage compensation claims for assurance of properties that were supposed to protect the buyer against the risk of damage caused by a defective product.
- Rights and obligations:
- The buyer is not permitted to transfer rights and obligations from this contract to third parties without the agreement of the seller.
- Should a provision in these terms and conditions be, or become, invalid, the effectiveness of all other provisions will not be affected. Place of fulfillment, as well as the exclusive place of jurisdiction for all disputes arising from this contractual relationship, is the seller’s head office location, as long as the parties to the contract are fully-qualified traders, corporate bodies under public law, or special funds under public law. The law of the Federal Republic of Germany shall apply exclusively.
- Bank connections:
Bank Bank code Account IBAN BIC/SWIFT
Hypo Vereinsbank (EUR) 795 200 70 1684264 DE37 7952 0070 0001 6842 64 HYVEDEMM407
Hypo Vereinsbank (USD) 795 200 70 874627534 DE31 7002 0270 0874 6275 34 HYVEDEMMXXX
Sparkasse Hanau (EUR) 506 500 23 19067 DE54 5065 0023 0000 0190 67 HELADEF1HAN
Sparkasse Hanau (USD) 506 500 23 71200075 DE28 5065 0023 0071 2000 75 HELADEF1HAN