Terms and Conditions

Scope of Application
1. Our deliveries, services, and offers are exclusively for businesses as defined by § 14 BGB, legal entities under public law or special funds under public law (hereinafter referred to as "Customer").
2. All deliveries, services, and offers are made solely on the basis of these General Terms and Conditions. These General Terms and Conditions are therefore part of all contracts that we conclude for the deliveries or services we offer. General Terms and Conditions of the customer or third parties are not recognized, unless we expressly agree to their validity in writing. The same applies to agreements, especially purchasing conditions of the customer, which deviate from these General Terms and Conditions.
Offers and Conclusion of Contract
1. Information in our catalog and online shop regarding the scope of delivery or service (e.g., weights, dimensions, load capacity, and technical data) are only approximately relevant, unless the usability for the contractually intended purpose requires exact agreement. They are not guaranteed characteristics but descriptions or identifications of the delivery or service. Guarantees of quality require explicit agreement. In case of doubt, we do not give special guarantees of quality. Commercial deviations and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts are permissible, provided they do not impair usability for the contractually intended purpose.
2. Catalog orders: All offers in the catalog are a non-binding invitation to the customer to place a product order. A contract is only concluded under the agreed conditions when we accept the customer's order. This acceptance occurs at the latest with the delivery of the goods. A preliminary order confirmation does not constitute acceptance of the offer.
3. Online-Shop orders: All offers in our online shop are a non-binding invitation to the customer to place a product order. The customer can place the selected goods in a shopping cart and then proceed to checkout. Before submitting the order, all data will be displayed again on an order overview page. Here, the customer can quickly and easily recognize and correct input errors by clicking the "Edit" button. To place a binding order, the customer must click the "Order with obligation to pay" button. Immediately thereafter, the customer receives an email confirming the receipt of the order. This does not constitute acceptance of the offer. The purchase contract is concluded either by sending the goods or a separate acceptance declaration. After the conclusion of the contract, the individual orders can be viewed in the customer account. The General Terms and Conditions are only provided in the current version on the website. The language available for the conclusion of the contract is exclusively German.
Prices and Terms of Payment
1. The prices are in EURO plus statutory VAT. Additionally, shipping or freight costs as stated in clause 5 are applicable.
2. The following payment methods are available: bank transfer, SEPA direct debit, PayPal, advance payment, and cash payment. New customers can only pay by advance payment, PayPal, or cash.
3. Invoices with the payment method bank transfer or SEPA direct debit are payable within 30 days net. The payment methods PayPal, advance payment, and cash payment are immediately payable net.
4. Abroad (EU member states only): For EU business customers with a VAT ID number, we automatically deduct the applicable VAT from the invoice, provided they provide us with their VAT ID number. Deliveries abroad are made exclusively against advance payment, PayPal, or cash payment.
5. The customer is only entitled to withhold payment or offset it if his counterclaims are undisputed or have been legally established.
6. In case of default in payment, we will charge default interest at the rate of 9 percentage points above the base interest rate, reserving the right to claim higher damages caused by the delay.
Deliveries
1. Our deliveries are made ex works Straelen / NRW. Delivery periods and dates refer to the time of handover to the forwarding agent, carrier, or other third party tasked with the transport. We will choose the most suitable shipping method.
2. If the customer unjustifiably refuses to accept the goods or if the goods are not deliverable for other reasons attributable to the customer, we are entitled to demand 10% of the sales price for the effort caused by processing the order. Further claims for damages remain unaffected. The customer is allowed to prove that no or only a minor damage has occurred to us.
Place of Fulfillment, Shipping, Transfer of Risk
1. The place of fulfillment for all obligations arising from the contractual relationship is Straelen, unless otherwise specified.
2. The shipping costs are borne by the customer.
3. Within Germany, the shipping costs for packages up to 30 kg are 6.95 euros net. For deliveries to German islands, an island surcharge of 15.00 euros net per package is added. The maximum package weight for deliveries to the German islands is 30 kg. For a net goods value of 250 euros or more, no shipping costs are charged in Germany.
4. For deliveries abroad, we charge freight costs, which may be requested separately by the customer. We only ship to countries of the European Union and the European Economic Area. For deliveries to Austria, Belgium, the Netherlands, and Luxembourg, no shipping costs are charged for a net goods value of 500 euros or more.
5. The risk of accidental loss, accidental damage, or accidental loss passes at the latest with the handover of the delivery item to the forwarder, carrier, or other third party designated to carry out the shipment to the customer.
6. The shipment will be insured by us only at the express request of the customer and at his expense against theft, breakage, transport, fire, and water damage or other insurable risks. Any existing insurance coverage will be passed on to the customer to compensate for any damage that may have occurred.
Goods Return
1. All returns must be sent properly packaged and carriage paid, while the transport risk remains with the customer until the goods have reached our control.
2. If the customer sends back goods, it is at our discretion to accept the (partial) cancellation of the purchase contract. In this case, we will retain 10% of the purchase price, but at least 10 euros.
3. The customer's rights in the event of defects remain unaffected by this clause 6.
Warranty, Material Defects
1. The warranty period is one year from delivery or, if acceptance is required, from acceptance. This period does not apply to claims for damages by the customer arising from injury to life, body, or health or from intentional or grossly negligent breaches of duty by us or our vicarious agents, which are subject to the statutory limitation periods. This period also does not apply to the claims mentioned in paragraph 4.
2. The delivered items must be carefully inspected immediately after delivery to the customer or to the third party designated by him. They are deemed to have been approved by the customer with respect to obvious defects or other defects that would have been recognizable in an immediate, careful examination, if we do not receive a written notification of defects within two weeks after delivery. With regard to other defects, the delivery items are considered approved by the customer if the notification of defects does not reach us within two weeks after the time at which the defect became apparent; however, if the defect was already apparent to the customer at an earlier point in time during normal use, this earlier point in time is decisive for the start of the period for giving notice of defects. At our request, a delivery item that is the subject of complaint must be returned to us carriage free. In the case of a justified complaint, we will reimburse the costs of the cheapest shipping method; this does not apply if the costs increase because the delivery item is located at a place other than the place of intended use.
3. In the case of material defects in the delivered items, we are initially obligated and entitled to repair or replacement delivery, at our discretion within a reasonable period. In the event of failure, i.e. the impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the customer may withdraw from the contract or reduce the purchase price appropriately.
4. Claims of the customer according to § 439 paragraphs 2 and 3 BGB as well as § 635 paragraph 2 BGB remain unaffected. Claims of the customer according to §§ 445a, 445b BGB only exist insofar as we are at fault. The rights of the customer according to § 478 BGB remain unaffected. The rights mentioned in this paragraph do not exist if the delivered items are considered approved according to paragraph 2.
5. If a defect is due to our fault, the customer can demand compensation under the conditions specified in clause 8.
6. Any delivery of used items agreed upon in individual cases with the customer occurs without any warranty for material defects.
Liability for Damages Due to Fault
1. Our liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contractual negotiations, and tort, is limited as per this clause 8, insofar as it depends on fault.
2. We are not liable in the case of simple negligence by our organs, legal representatives, employees, or other vicarious agents, as long as it does not involve a breach of essential contractual obligations. Essential contractual obligations are the obligation to timely delivery and installation of the delivery item, its freedom from legal and material defects that significantly impair its functionality or usability, as well as advisory, protective, and custodial duties that are intended to enable the customer to use the delivery item as per the contract or which aim to protect the life or limb of the customer's personnel or to protect the customer's property from significant damage.
3. Insofar as we are fundamentally liable for damages according to clause 8, this liability is limited to damages that we foresaw at the time of the conclusion of the contract as a possible consequence of a breach of contract or that we should have foreseen using customary care. Indirect damages and consequential damages resulting from defects in the delivery item are also only compensable if such damages are typically expected when the delivery item is used as intended.
4. The aforementioned exclusions and limitations of liability apply to the same extent in favor of our organs, legal representatives, employees, and other vicarious agents. Insofar as we provide technical information or act in an advisory capacity and this information or advice does not form part of our contractually agreed scope of services, this is done free of charge and with the exclusion of any liability.
5. The limitations of this clause 8 do not apply to our liability due to intentional behavior, for guaranteed characteristics, for injury to life, body, or health, or under the Product Liability Act.
Retention of Title
The goods remain our property until full payment is made. Processing or transformation is carried out for us; we acquire ownership according to § 950 BGB.
Final Provisions
1. The place of jurisdiction for any disputes arising from this business relationship is, at our choice, Straelen or the customer's place of business. Mandatory statutory provisions on exclusive jurisdictions remain unaffected by this regulation.
2. The legal relations between us and the customer are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) does not apply.
3. Amendments or supplements to these business conditions require text form. This also applies to the requirement of text form.