General Terms and Conditions of Business

in the version dated 22.11.2008

1. Scope of application

All deliveries and performances within the scope of legal transactions between you and us are subject to the exclusive application of these General Terms and Conditions of Business (hereinafter "AGB") in the version applicable at the time of conclusion of the respective contract.

2. Exclusive application

Our AGB are valid for legal transactions between ourselves and companies/commercial customers as well as with private persons as final consumers.
Contradicting terms and conditions of business of your own shall only be valid if we give our explicit and written consent to their application.

3. Subject matter of the contract

The exclusive subject matter of the contract is the product sold with the characteristics and features as per our product description. Illustrations on our website or in catalogues are for the purpose of providing general product information in a purely pictorial presentation and make no claim to be complete.

4. Quotations/coming into force of the contract

Our quotations are without engagement and non-binding in all cases.
If orders are placed via our online shop, you, as customer, issue a binding declaration to us through clicking on the “Send order” button that you wish to acquire the content of the shopping basket subject to application of these AGB. The contract between you and us shall come into force upon delivery of the goods ordered - not through the automatically sent confirmation of receipt of the order.
In the case of an order placed outside of the Internet, the contract shall come into force upon receipt by you of our order conformation (acceptance of order) or upon delivery of the goods to you.

5. Obligations of the buyer to provide information

You must provide truthful information. In the event of your data changing during the term/processing of the contract, you are obliged to notify us of these changes immediately. If you fail to do so or provide us with incorrect data from the outset, we shall be entitled to withdraw from the contract concluded free of any charges. Costs resulting from the goods being sent to the wrong place as a result of incorrect or incomplete address details will be debited on to you.
As our contract partner, you must ensure that the e-mail account indicated by you is accessible and that the receipt of e-mails is not excluded as a result of forwarding, closure or overfilling of the account.

6. Right of return

You can return the goods without stating reasons within 30 days of receipt and are entitled to a refund of the purchasing price, replacement or a credit note. This right of return does not apply for used goods, special productions arranged at your request or for data carriers such as DVD, CD ROM or video cassette whose seal has been broken. Your right to removal of any defects present shall remain unaffected.
The period shall begin at the earliest on the day following receipt of the goods and of the instructions concerning the right of return, to be advised in text form. On-time dispatch of the goods shall suffice for adherence to the deadline. Only in the case of goods not suitable for dispatch by parcel (e.g. bulky goods) may you also initially declare return through a request for return in text form e.g. by letter, facsimile or e-mail. In all cases, the return delivery shall be at our expense and risk. All return deliveries must be made to the address stated in the instructions concerning the right of return.
In the event of effective return, the reciprocal services received must be returned (return of the goods to us/your claim to refunding of the purchasing price, replacement or credit note) and any benefits obtained (e.g. advantages of use) handed over. In the event of deterioration of the goods, compensation for loss of value can be demanded. This shall not apply if the deterioration of the goods is exclusively attributable to their checking - for example as would have been possible by you in a store. You can also avoid the obligation to compensate for loss of value by not using the item as an owner and by refraining from anything which would impair its value.

7. Place of performance/passing of risk

Place of performance for our delivery obligation is the registered office of our company in 64686 Lautertal. Any dispatch of the goods ordered requested by you will be made uninsured at your expense. Transport insurance will only be taken out if explicitly requested and at your expense. The choice of the method and route of dispatch shall lie with us.
In the case of legal transactions between us and companies/commercial customers, dispatch of the goods ordered shall be at your risk. Our obligation to perform shall be fulfilled upon on-time delivery of the goods to the supplier/freight forwarder. Delays in the delivery to you are the sole responsibility of the supplier or of you.
In the case of legal transactions between us and final consumers, the risk of performance in the event of dispatch shall pass to you at the time of delivery of the goods to you or if you are in default on acceptance.

8. Prices/payment terms/dispatch costs

Prices:All previous prices shall become invalid upon publication of a new catalogue. The prices shall be valid until publication of the next catalogue. We assume no liability for printing errors in pricing information. As our catalogues are valid for a long period, we reserve the right to adjust prices in exceptional cases.
Payment terms:Payment can be made by paypal, bank debit, payment in advance, c.o.d. (charges for your account) and bank transfer. As a rule, new customers will be delivered by c.o.d., against payment by receipt of advance payment by bank transfer. Nevertheless, we also reserve the right to request advance payment in any case and to carry out further deliveries against advance payment only. Delivery of the goods ordered will then be made following credit entry of the invoice amount to one of our accounts indicated. In the event of international bank transfers by our customers, any transfer charges levied by the authorised bank shall be for your account. This shall also apply for the charges of the delivery agent with c.o.d. deliveries in Germany. Our invoices are payable upon receipt by you of the invoice. Invoices to German customers are payable within 30 days and those to customers with their registered office outside of Germany within 15 days. We grant our German customers a settlement discount of 2% for payment within 10 days following receipt of invoice as well as for payment by bank debit, c.o.d.
Dispatch costs: The dispatch costs are shown in detail on our website under “Shipping Costs”, as part of the order procedure via our Internet shop as well as in our sales catalogue. Special forms of dispatch desired by our customers will be invoiced with the normal local surcharge. Dispatch costs for international deliveries will be based on the weight and dimensions of the goods to be dispatched and shall be for your account, provided no agreement to the contrary has been made.
Partial deliveries: : If individual articles of the order are not available at short notice, we reserve the right to make partial deliveries. Subsequent delivery of the articles will be free of dispatch costs.
Default on payment: If you, as buyer, fall into arrears with your payment obligations, we shall be entitled to demand default interest of 5 percentage points (from consumers) or 8 percentage points (from companies/commercial customers) above the applicable base rate of interest. Default on payment shall apply either through a reminder upon becoming due or without reminder following expiry of the period for payment as per the ruling in point 8.Payment terms. This shall not prejudice our right to assert farther reaching claims for damages, in particular additional expenses and dunning fees of € 5.00 for a second and € 10.00 for a third reminder. We can pass bank charges, caused by incorrect account details or unjustified rejection, on to you as buyer. Nevertheless, you have the right to demonstrate that we have suffered lower or no damage.

Payment Conditions

Postage and packing information

9. Retention of title

We shall retain title to the goods until such time as full payment of the purchasing price is received, irrespective of the expiry of the period for return.
As buyer, you are obliged to treat the goods delivered with care and to notify us immediately of any access to the goods by third parties, for example in the form of attachment, as well as of any damage to or destroying of the goods.
At the same time, you are entitled to make onward sale of the goods purchased in the normal course of business, provided you are not in arrears with payments to us. Nevertheless, you must assign to us henceforth all claims, to which you become entitled against third parties from the onward sale, in the amount of the gross invoice value. We hereby accept the assignment.

10. Removal of defects / liability

We grant you a hafl-year guarantee of freedom from defects for the products supplied by us, provided the goods are used and cared for in accordance with the manufacturer’s recommendations. Removal of defects shall be carried out within the scope of the guarantee provided and in accordance with the statutory provisions. The guarantee period shall begin upon delivery of the goods.
Our contractual obligation to provide compensation for damages within the scope of the guarantee given by us shall be based on the statutory provisions.
Our liability shall be based on the statutory provisions.

11. Data protection

We shall use your data exclusively for the processing of your order. All customer data will be stored and processed by us subject to observance of the relevant provisions of the Federal Data Protection Act (BDSG) and of the Telemedia Law (TMG).
You have a right to free information, correction, barring and deletion of your stored data at any time.
We shall not pass your person-related data, including your postal address and your e-mail address, on to third parties without your explicit consent which can be revoked at any time. Excepted from this ruling are our service partners who require the forwarding of data for order processing (e.g. the dispatch company entrusted with the delivery and the bank entrusted with processing of payment). In such cases, however, the scope of the data forwarded shall be limited to the minimum necessary.

12. Applicable law

These Terms and Conditions of Business, and contracts between you and us concluded on the basis thereof shall be governed by the Law of the Federal Republic of Germany, subject to exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

13. Place of jurisdiction

If you, as buyer, are a businessman, a juristic person under public law or a public law special fund, the exclusive place of jurisdiction for all disputes arising from the present contract is the court responsible for the registered office of our company. The same shall apply if you, as buyer, do not have a general place of jurisdiction in Germany or if place of residence or place of habitual abode are not known at the time of the taking of legal action.

14. Saving clause

Should individual provisions of these General Terms and Conditions of Business be or become invalid, either in part or in full, the validity of the other provisions shall remain unaffected.

For customers within the EU: Indication of VAT number

Please indicate your EU VAT number when placing your order. If you do not have a number or fail to indicate your number, we are obliged under EU Law to invoice German VAT (MwSt). This ruling is only applicable for customers within the EU.