General terms and conditions of business

1. Scope, General Provisions

1.1. The following general terms and conditions apply to all contracts with merchants and non-merchants for the delivery of goods that are offered for sale at trade fairs, in the online shop, in catalogues. They are always made part of the contract in business transactions with non-merchants under the conditions of §305 BGB for contracts of the type mentioned.

1.2. The offered and calculated prices are in euros per item plus the applicable VAT rate including packaging.

1.3. The following general terms and conditions are part of all contracts concluded with the supplier and his representatives. Purchasing conditions of the buyer that are not expressly recognized in writing do not bind the supplier even if they are not expressly contradicted.

1.4. Our offers are non-binding in every respect, the general use of a new price list invalidates all previous price lists and offers. We are entitled to adapt the order quantities to our packaging units specified in the currently valid price lists.

1.5. Excess or short deliveries of up to 15% of the order quantity are permitted for custom-made products. All declarations by the buyer are only binding for us if we have confirmed them in writing.

 1.6. We are entitled to store, process and transmit the data of the goods and payment transactions as well as the data about the buyer. The buyer agrees to this use of his data in accordance with the Federal Data Protection Act.

 1.7. Offers are non-binding. All offers are non-binding with regard to price, quantity, delivery time and delivery options. Slight deviations in shape, colour, weight and material from the samples and models and catalogs issued remain reserved, as these are unfortunately unavoidable and do not constitute a defect.

1.8. Individual agreements on delivery time agreements, price agreements, property assurances and deviations from our general terms and conditions must be in writing to be effective. This requirement cannot be waived.

1.9. The contract language is exclusively German and English.

2. Information and advice, documents

2.1. Information and advice regarding our products are based on our previous experience. The values ​​given here, in particular with regard to the possible applications of our values, in particular also with regard to the possible applications of our goods, are only average values ​​and do not represent any indication of the quality of the goods. We cannot accept any obligation to strictly adhere to the values ​​and application options.

2.2. All documents and items such as drawings, illustrations, samples or models that we provide to the customer in connection with our offer remain our property. We are entitled to the copyrights and related property rights within the meaning of the Copyright Act to these documents and objects. The customer is not authorized to disclose the documents made available to third parties without our prior written consent.

3. Order confirmation

3.1. By placing an order or accepting delivery, the buyer accepts the general terms and conditions.

3.2. All agreements - including modifications or additions - require the written confirmation of the supplier.

3.3 In the absence of an order confirmation, the invoice counts as an order confirmation. For the rest, the binding orders of the buyer apply. They are deemed to have been accepted if the supplier does not send any other notifications within two weeks.

3.4. If, after sending the order confirmation or invoice, the supplier becomes aware of a significant deterioration in the buyer's financial situation, the supplier can either make delivery dependent on prior payment or another security that appears appropriate, or withdraw from the contract.

3.5. All information about our products, in particular the illustrations, drawings, quality, quantity, weight, colour, dimensions and performance information contained in our offers and publications are only approximate values ​​and are not quality information. Insofar as no limits are specified for permissible deviations in the order confirmation and none result from expressly recognized customer specifications, deviations customary in the industry are permissible in any case.

3.6. Guarantees regarding the quality or durability of our goods must be expressly marked as such in the order confirmation. When samples or specimens are delivered, their quality is not guaranteed unless otherwise expressly stated in the order confirmation. However, we endeavor to deliver products with the properties specified as the samples or specimens.

4. Delivery and transfer of risk

4.1. If a concluded contract is canceled at the request of the buyer and an express provision is made as to who will bear the expenses of the supplier for transport, storage. production costs etc. is not affected, the supplier is entitled to charge the buyer for these costs. A maximum of 25% of the order value from the canceled contract can be charged to the buyer.

4.2. Insofar as a contract has been concluded for goods specially manufactured or specially procured by the supplier, a cancellation of the contractual relationship is generally excluded.

4.3. In order to avoid breakage and streamline the organization, we can only deliver complete sales units without exception. If the order quantity does not reach the first sales unit or a multiple of the first sales unit, we increase the order quantity to the first sales unit or to a multiple of the first sales unit.

4.4. Stated delivery times are only agreed as approximate. The supplier is entitled to make reasonable partial deliveries for the entire order. This applies in particular to items that are not in stock.

4.4. If collection has been agreed, the purchased items must be accepted on the bindingly agreed acceptance date or - if such has not been agreed - within 14 days of receipt of the notification of availability.

4.5. The selection of packaging, shipping method and route is at our discretion. The decision is based on many years of experience and to the best of our knowledge.

4.6. In the event of force majeure, such as operational disruptions, transport delays, measures in the context of labor disputes, in particular strikes and lockouts, as well as non-delivery, incorrect or late delivery by our supplier, for whatever reason (reservation to supply ourselves), and other obstacles to performance that are not we are responsible for, we can postpone the delivery for the duration of the hindrance and a reasonable start-up time thereafter. If the obstacle is likely to be permanent, we have the right to refuse delivery of the goods in whole or in part. In this case, the customer is not entitled to any claims for damages against us. He is not obliged to provide the consideration and will receive back the number he has paid.

4.7. We are entitled to partial deliveries.

4.8. If the customer refuses to accept the goods or if the dispatch of the delivery is delayed for other reasons for which the customer is responsible, the transfer of risk takes place at the beginning of the customer's default of acceptance. The customer bears storage costs after the transfer of risk. We are entitled to charge storage costs at a flat rate of 0.5% of the invoice amount for each month or the actual damage, unless the customer can prove that the damage was less.

4.9. With the conclusion of a purchase contract, the seller undertakes to deliver the purchased item to the buyer free of defects within the agreed delivery period. If no delivery period is specified, a delivery period of eight weeks, calculated from the conclusion of the contract, is deemed to have been agreed.

4.10. Delivery is always ex works, unless a written agreement has been made.

4.11. Packaging will not be charged and will not be taken back.

4.12. If the delivery of custom-made products depends on the buyer having to provide the seller with documents such as drawings, gauges, pictures, samples or the like in advance, the delivery period only begins on the day these documents are received in full and after the order has been confirmed by the seller.

4.13 If changes or additions are taken into account, the delivery time will be extended appropriately.

5. Transport risk

5.1. Shipping is on account and at the risk of the buyer. The buyer bears the risk even if the shipping costs are to be borne by the supplier due to special agreements.

5.2. The transport risk, i.e. the risk of loss or damage to the goods during transport for which neither the sender nor the recipient is responsible, is borne by the recipient.

5.3. The transfer of risk occurs from the ramp of our warehouse in Windeck when the goods are handed over to the carrier.

6. Prices - Payment

6.1. The prices stated in the seller's price lists, advertisements, advertising material and online shop are always non-binding and only apply as agreed upon written confirmation of the order.

6.2 Our prices do not include the applicable statutory value-added tax.

6.3. The customer is not entitled to reduce our claim by counterclaims or to make a right of retention unless something else has been agreed in writing or the counterclaims or the right of retention have been recognized by us in writing or have been legally established.

6.4. The minimum order value is always €250.00 net. Price-reduced goods are generally sold ex works. Shipping is always at the risk of the customer. Within the EU we deliver ex works with a minimum turnover of 500.00 € and all other countries the minimum turnover is 1000.00 €. If express or express delivery is desired, the costs will be borne by the recipient.

6.5. Unless otherwise agreed, our invoices are to be paid immediately, net without deductions. Payments must be made free of charges. Terms of payment are granted after checking the creditworthiness. Depending on the order value, a payment term of up to 60 days can be granted.

6.6. The customer is not entitled to assign claims from this contract to third parties without our written consent.

6.7. All delivered goods remain our property until the customer has settled all existing claims and those arising after the conclusion of the contract.

6.8. The goods delivered by us remain our property until all claims have been settled in full, regardless of the legal reason - in the case of payment by check until they have been redeemed - even if the purchase price for specially designated deliveries has been paid. In the case of a current account, the retention of title applies as security for our balance claim. The buyer has to store our reserved goods in a special way or to mark them clearly. He may only sell our property in the ordinary course of business and only as long as he has met his payment obligations. Packaging and security transfer is not permitted. The buyer must inform us immediately in the event of attachments or confiscations by third parties.

7. Warranty/Liability

7.1. Complaints about the quantities and quality are only legally valid if they are made in writing within 7 days of receipt of the goods, otherwise the delivery or service is considered approved. Returns of goods require our written consent, otherwise acceptance will be refused. The sizes specified or sampled by us are approximate dimensions. Size deviations of up to 15% are considered customary for our items and do not give rise to complaints. Sampled items correspond to the current status. However, we reserve the right to make minor changes in shape and color. Samples only against calculation, your return is excluded. In the case of justified complaints, the goods complained about will be replaced; any further claims, in particular claims for damages, will not be recognised.

7.2. Complaints relating to the quality of the delivered goods must also be made in writing and with a picture within 7 days of receipt of the shipment.

7.3. In the event of a justified and timely notice of defects, we shall, at our discretion, provide supplementary performance by means of repair or replacement delivery.

7.4. If the supplementary performance or replacement delivery fails, the customer can demand a reduction in the purchase price or cancellation of the contract. If the defects are only minor, the customer has no right of withdrawal. If the customer chooses to withdraw from the contract after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect.

7.5. Warranty claims become time-barred within one year of delivery of the goods. Claims for compensation by the customer become time-barred within one year from the delivery of the goods. This does not apply if we be accused of fraud.

7.6. Agreements between the customer and his buyers that go beyond the statutory warranty claims are not at our expense.

8. Place of performance and place of jurisdiction

8.1. The place of performance for delivery and payment is the supplier's registered office.

8.2. The court at the supplier's registered office is exclusively responsible for all legal disputes arising from the contractual relationship and the validity of the contract, provided the customers are registered traders.

9. Retention of title

9.1. The goods remain the property of the seller until full payment of all claims, including ancillary claims, claims for damages and cashing of checks and bills of exchange.

9.2. The retention of title also remains in place if individual claims of the seller are included in a current account and the balance is drawn and acknowledged.

10. Rights to image material

10.1. With the purchase of the goods from the seller, the buyer acquires a non-exclusive and free license to use the photographs, graphics, drawings, texts and the like (material) provided for sales purposes. The license is limited in time to the duration of the business relationship. The material provided is protected by copyright and is the property of the seller. The license does not include the right to sublicense to third parties or any right to edit.

10.2. Use of the material on third-party platforms is prohibited if the platform operator has granted rights of use in its terms of use in the event that the material is uploaded.