§ 1 Field of application
1. Our offer is directed at commercial customers & private consumers .
Contractors in terms of this G.B.C. are natural or legal persons, or incorporated partnerships who undertake business with us in the course of their commercial, self-employed occupational, private persons or freelance activities. Public authorities or institutions are being treated like contractors.
Consumers in terms of this G.B.C. are individuals, who undertake business – separate to their commercial, self-employed occupational or freelance activities.
2. Business relations between us and a contractor are exclusively subject to the G.B.C. mentioned below in the version which is valid at the time the order is placed. They are also applicable to all future transactions, even if explicit reference is not made to them. Arrangements amending these G.B.C., additions, agreements by telephone and verbal agreements are only effective if they are acknowledged in writing by us. The G.B.C. of the contractor or third parties shall not be applicable.
§ 2 Contract and Withdrawal
1. All offers are subject to change without notice and not binding. We expressly reserve the right to modify, limit, amend or delete our whole offer without further notification.
2. Our customer account is a voluntary service from our side and only customers do have access rights to this area. Each customer will automatically receive all respective data after the first order. Customers cannot assert any claim to those access data neither to the use of the customer account.
3. Any contractor’s order is a binding offer. We do have the right to accept the offer within one week after receipt by way of sending a written or e-mail order confirmation. Only by sending the order confirmation the respective contract comes into effect. Any eventually automatically generated acknowledgement of receipt does not serve as definite acceptance of the order. We retain the right not to execute orders if the ordered goods are not available. In this case, the customer would be informed per mail or telephone. We're flexible in deleting the "non-available" articles from the order or cancelling the complete order by customers inquiry without any charges. In cases of obvious writing, printing or calculation mistakes we are entitled to withdraw. Any uncertainties or misconceptions occurring in orders made by telephone go at the expense of the contractor.
§ 3 Payment terms, maturity terms and delay
Unless otherwise agreed (written agreement), we deliver the goods only after receipt of payment. After receiving your order confirmation and the invoice, the payment should be settled in one week. Afterwards, we keep the rights to change the prices or cancel the order. We would not proceed any further orders from a customer/contractor who has any unsettled order.
§ 4 Delivery
1. Usually, the task of delivery of each order will be performed within seven working days after receipt of payment. The goods will be delivered by a shipping company e. There is no possibility from our company’s side to influence any delay in delivery caused by the deliverer in charge.
2. Deliveries will be carried out ex stock and send to the address provided by the contractor. Partial deliveries are permissible. The danger of coincidental loss and accidental deterioration of any goods – also in cases of freight-free delivery – will demise to the contractor as soon as the ordered goods have been delivered to the carrier or else the institution or person, who has been made responsible for shipping the ordered goods. The customer is responsible for any failing or missing delivery if he has delivered the wrong recipient's address during his order process and has not informed us immediately upon receiving his invoice.
3. Any information regarding the delivery time is not binding, unless, the date of delivery has been bindingly assured. For any delay in delivery and services as a result of events, which do substantially impede our services or make them impossible, we cannot be made responsible for even in cases of bindingly assured terms and deadlines. In case of unavailability of any ordered goods, the contractor will be informed immediately. Those events include in particular force majeure, strike and official orders as well as wrong or delayed self supply or non-delivery on part of our supplier, in particular after a congruent hedging transaction has been entered into. These events entitle us to delay deliveries respectively services for the time of impediment plus adequate acceleration time or else to partly or entirely withdraw for reason of the contract part which has not yet been met. If the impediment lasts longer than 8 weeks, the contractor is entitled to withdraw, whereof he has to inform us immediately. In cases of intent or gross negligence we are liable for any damages due to delivery and service delays limited up to the amount of the order sum. Any further compensation claims are excluded.
4. Delivery to countries outside the u.s.
Any Duty, Tax, or Brokerage fees related to the order is the responsibility of the contractor. We do not know what the duties/taxes are in the importing area and we do not know if there will be brokerage fees. We can provide the contractor with the required documents to release the goods but it's contractors responsibility to clear te goods by the customs.
5. Shipping Restrictions: It is contractor's responsibility to be aware of the specific import restrictions for his/her country. If the package is refused or destroyed due to customs rules, we will not be able to refund the order or offer a replacement at no charge. If the parcel is sent back to us because the goods were not cleared and released from the customs by the recipient, we can not refund the customer.
6- You receive the tracking information s soon as the parcel has been dispatched. It is your responsibility to track the parcel and follow up in case the parcel is transformed to a post station for pick-up. If you do not pick up the parcel from the station during the limited time the parcels are kept (usually 3 weeks) and the parcel is sent back to us, we can not refund you. A second shipping would be subjected to additional charges.
§ 5 Reservation of title
Until complete payment of the purchase price the delivered goods shall remain our sole property. We deliver exclusively under extended reservation of title.
§ 6 Warranty
1. Warranty period is 30 days beginning with the date of receipt. Warranty encloses no defects due to damage during shipping or defect in the product.
2. Externally damaged deliveries and/or deliveries soaked by its contents must be confirmed by the deliverer at acceptance of goods . The customer must immediately inform us about all defects, either in writing or by e-mail. Defects which cannot be detected within this period even upon most thorough inspection have to be reported to us immediately after detection either in written form or by e-mail. The customer fully carries the onus of proof for all claim prerequisites, in particular for the defect itself, the detection of the defect as well as for the timeliness of notification of the defect.
3. In case of legitimate notice of defect, we have the option to either choose subsequent improvement or else replace the defective goods. In case of product replacement, the customer is obliged to return the defective goods to us for the time being. Upon return, §6.4 of these Terms and Conditions has to be observed by all means. In case of failure to provide supplementary performance from our side, the customer has the right to require discount or else to withdraw from the contract. Supplementary performance has failed if an adequate time limit had been set for us without having come to any certain results. 4. Shipment of complained goods will be carried out to our charges. The goods have to be held ready in packaging suitable for safe transportation.
§ 7 Exclusion of liability
1.1. Information in terms of this section (Exclusion of liability) are analysis, specifications, safety data sheets, documentation sheets for raw materials, suppliers and product information, descriptions, characteristic, values, dimensions, weights and other performance data.2. Generalities
Only direct contractors are entitled to warranties; these claims cannot be ceded to any third party.
We are liable in accordance with the relevant statutory regulations, insofar as the contractor asserts claims for damages arising from in-tent or gross negligence, including intent or gross negligence on his part of our statutory representatives or vicarious agents. Insofar as we are not accused of an intentional contract violation, the liability for damages is limited to the predictable, typically occurring damages. Otherwise a liability for damages will be excluded.
3. Product liability
We shall not accept liability for damages that are not caused to the actual object of purchase; nor shall we accept liability for loss of profits or other pecuniary losses incurred by contractor.
§ 8 Copyright and trademark law
1. Materials in terms of this section (copyright) are images, graphics, video sequences, scripts and texts.
2. All of the brand marks and trademarks (also third party brand marks and trademarks) named on our websites underlie the regulations of the valid trademark and ownership law for each registered owner. The fact that a trademark has merely been named shall not imply that trademarks are not protected by the rights of third persons!
§ 9 Data protection
1. In cases where personal data is collected on our websites (e.g. name, address or e-mail addresses) this is on a voluntary basis wherever possible. Offerings and services are, as far as possible, available without the need to give personal data.
2. Any personal customer’s data, such as name, address or telephone number will be recorded. All data will be kept confidential. As long as not necessary for the order and its handling, no data will be passed on to third parties. In contacting us or with any inquiry or in any ordering the contractor agrees that his personal data will be recorded. In case a data record is not desired, we ask the contractor to send us a short notice.
3. The use by third parties of contact data published under imprint obligations for the transmission of advertising and information material that has not been expressly requested is hereby expressly excluded. We expressly reserve the right to take legal action in the case of unsolicited sending of advertising material, e.g. by spam e-mails.
§ 10 Applicable law and place of jurisdiction
U.S. law applies, to the exclusion of the UN purchasing law. The U.S., is also place of jurisdiction.
§ 11 Severability Clause
Should one or several of the provisions contained in these G.B.C. be or become ineffective, this shall not affect the legal validity of the G.B.C. in their entirety. We are entitled to replace ineffective or void regulations by new regulations which fulfil the content of business regulations contained in those ineffective or void regulations according to law.