The offer on our webseite is aimed exclusively at commercial customers. Any goods, services and offers of ours are provided exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions are part of any contract we conclude with others (entrepreneurs within the meaning of Section 14(1) of the German Civil Code [Bürgerliches Gesetzbuch, BGB]). Terms and conditions of other contract parties or third parties do not apply, even if not rejected by us separately.
2. Order Acceptance
All of our offers are non-binding, unless they are expressly described as binding or include an acceptance period.
3. Production Acceptance
Orders for goods with ads printed on them or special equipment are custom orders. The whole manufactured amount is to be purchased at +/- 10 %.
4. Payment Conditions
Unless agreed otherwise contractually, invoices must be paid with a 2 %-discount within 14 days or with no discount within 30 days of receipt. Whether payments are on time depends on when they are received by us.
Offsetting with the buyer’s counterclaims or retaining payments because of such claims is only permitted if the counterclaims are uncontested or legally established.
5. Retention of Title and Processing Clause
We will retain title to delivered goods until all claims are fully settled. The buyer may resell goods to which we retain title. Pledges and use as collateral are not permitted. The buyer already hereby assigns to us any claims from resale for the agreed final invoice amount (including VAT). This assignment applies irrespective of whether the goods are resold with or without further processing. The buyer will remain authorized to collect such claims even after their assignment. Our authorization to collect such claims will remain unaffected. However, we will not collect these claims as long as the buyer satisfies the payment obligations for the agreed proceeds and does not default and, especially, insolvency proceedings are not requested or payments are not suspended.
If goods to which we retain title are accessed by third parties, especially through attachment, the buyer must note our ownership and inform us without undue delay to enable us to exercise our rights.
a) Material Defects
In case of material defects, guarantees will be based on legal provisions.
If essential contractual obligations are concerned, our liability for simple negligence is limited to foreseeable damages typical for the contract. Essential contractual obligations are essential obligations derived from the nature of the contract and whose violation may threaten achievement of the contract’s purpose and obligations imposed by the contract to achieve the contract’s purpose and on compliance with which proper contract performance depends and you may regularly rely.
In case of violations of essential contractual obligations, our liability for simply negligent breaches of duty is excluded. This liability exclusion also applies to the personal liability of our employees, representatives and other vicarious agents. Our liability under the German Product Liability Act [Produkthaftungsgesetz, ProdHaftG] will remain unaffected.
7. Place of Fulfillment and Place of Jurisdiction
The place of fulfillment for any services under the business relationship with us and the place of jurisdiction is our registered office. The same applies if the buyer does not have a general place of jurisdiction in Germany or the EU or if the buyer’s place of residence or habitual place of residence is unknown when filing suit. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
General Terms and Conditions valid 17. February 2022. All other conditions are void from this date.