Terms of service
The following delivery and payment apply to all current and future contracts , unless they are explicitly changed . Different conditions , we hereby expressly oppose . The information on weights , dimensions , capacity , price, performance and the like made in catalogs, prospectuses , circulars, advertisements , illustrations and price lists are a guideline only . They shall be binding unless expressly incorporated by reference in the contract to them. Deviating from these conditions agreements as well as agreements are only binding if they are confirmed by us in writing .
2 Offers, prices and delivery times
Unless otherwise agreed , our prices are ex works or ex warehouse and in euros . Specific conditions of delivery, freight , installation, and special requests to equipment changes will be invoiced separately . In this context it is also noted on our installation and construction conditions. The agreed rates obtained with our order confirmation liability for both sides. Invoices and delivery notes are considered as order confirmations. The delivery dates quoted by us are non-binding . Claims arising from delayed delivery of any kind are excluded. If the buyer accepts the goods are not the agreed delivery date from which prices the day of delivery apply . The purchaser is entitled to withdraw from the contract due to non- compliance with the delivery period only entitled if he has set us a reasonable grace period by registered letter . Labor disputes ( directly or indirectly) , or unforeseeable and exceptional event , as well as government actions, disorders, disturbances in energy and raw material supplies , and similar events shall release us for the duration of the effect, or in the event of impossibility of the obligation to deliver. The Purchaser may not claim any compensation for in such a case.
Any applicable duties and charges for deliveries to countries that are outside of the EU , by the purchaser. We will choose the best shipping at our discretion . The discharge is at the expense of the customer. The delivery must be checked immediately upon receipt for integrity . Any damage (also on the packaging) must be recorded to maintain claims for damages on the freight bill or delivery note. .
Our invoices are payable in advance . We can demand the return of non-paid and delivered under retention of title. If the publication denied , we report the offense of embezzlement . The customer has no right of retention , unless it is based on the same contractual relationship. The offset can be explained only with undisputed or legally established claims. Existing warranty claims do not affect the due date of our demands. If the customer is in default of payment , or if we become aware of circumstances that can be expected to do so, we are entitled to make all due immediately and for safety's sake to demand the return of the goods supplied by us. In default of payment lasting Orders are only executed after payment. Advance payments are first allocated to the interest , then to the collection expenses and then the oldest claims .
If , after the conclusion of a treaty known that the Buyer is in an unfavorable financial situation , we can hold to our choice of payment , security deposit or upfront payment , or withdraw from the contract . In this case the customer has no claim for damages .
6 Warranty and Liability
In business with private customers, the warranty terms vary according to the legal provisions in this area . For commercial customers , the warranty is excluded . The customer is obliged to examine the goods immediately and , but to make all defects immediately latest within five working day period .
With timely , justified complaint of defective goods we deliver at our option free of charge replacement or repair the . Where this is not possible, we can reduce the purchase price or withdraw from the contract , at our discretion . Claims for damages can not be invoked in such a case . Consequential damages are generally excluded.
Pursuant to the objectives we deem necessary repairs , the Purchaser shall give offered free of charge by prior agreement , the time and opportunity to us .
The warranty is void if the repair or replacement was complicated by unauthorized repairs of the purchaser. In any case, guarantee , improper use , excessive use, when using unsuitable operating resources, natural wear and non- observance of these operating instructions and maintenance instructions will void .
Excluded from the warranty are parts subject to premature wear due to their nature and the nature of their use , such as bracelets, seals, rubber parts, etc. .
To correct deficiencies we are not obliged , as long as the buyer has not complied with its payment obligations. To reserve or set-off any claims of the purchaser is not entitled .
7 Retention of title
The ownership of the delivered goods , we reserve until receipt of all payments from the supply including all subsidiary claims before . Delivered under retention of title may only be sold in the normal course of business only if it is ensured that the demand from the resale pass to us and the reservation of title will be forwarded by the Purchaser to its customers. We shall be entitled at the expense of the purchaser to insure the delivered goods against all risks , if the customer has the insurance does not demonstrably . Pledge or security purposes from the purchaser are not permitted.
Actual or legal access to the reserved goods by third parties , as well as their damage or loss must be notified in writing immediately. In the case of attachment of the attachment order and the seizure report shall be submitted to us . Costs of necessary interventions , the ordering to be reimbursed.
The enforcement of reservation , as well as the seizure of the goods by us shall not constitute withdrawal from the contract.
Should the purchaser resell the goods until their full payment , he will assign the resulting from the resale in advance to us. Despite assignment, the Buyer is entitled to collect the claims assigned to the possible revocation at any time by us. He is obliged to be kept separately , the amounts recovered and paid to us immediately .
At our request the purchaser is obliged to inform the third party of the assignment and to give us the necessary to enforce our claims information and documents.
Each loading and processing , mixing or combining of the goods on our behalf without us accruing liabilities .
The customer already assigns to us now up to the amount of the value of the goods sold its ownership or co-ownership of the new items and store these on with the due diligence for us.
8 data Storage
We set thereof , that we , to the extent necessary for business and permitted under the Federal Data Protection Act , store and process your data.
9 Applicable law , place of performance and jurisdiction
Ordering and delivery are exclusively subject to the laws of the Federal Republic of Germany . Performance for both parties is Aachen. Jurisdiction for disputes with commercial customers is Aachen.
10 Battery redemption
Batteries do not belong in household waste . Consumers are legally obliged to return used batteries. You can use your old batteries at public collection points in your community or anywhere where batteries are sold. Of course, you can return the batteries available with us even after use to us:
Krakaustr . 3
Batteries containing hazardous substances are marked with this sign:
Pb = contains lead
Cd = cadmium containing
Hg = mercury nthält
11 Revocation right in mail
You can (eg letter, fax, email) or your contract declaration within one month without giving reasons in writing - if the goods before the deadline - by returning the item back . The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient ( in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations pursuant to Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing.
Krakaustr . 3
consequences of revocation
In case of an effective cancellation the mutually received benefits are to be returned and any benefits ( eg interest ) surrendered. If you can not or in part, or only return them in a deteriorated condition give us the performance received and benefits (eg benefits of use) , you have to pay us compensation . For the deterioration and derived benefits, you must pay compensation only to the extent the use or the deterioration is due to a deal with the matter , beyond testing the properties and functioning . By "testing the properties and functioning" refers to the testing and trying out the goods , as it is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods ordered and corresponds to the price of the returned goods does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a have provided contractually agreed partial payment . Otherwise the return is free for you. Not parcel things do you pick . Obligations to reimburse payments must be fulfilled within 30 days . The period begins for you when you send your cancellation or the goods, for us with their reception.
End of cancellation policy
Exercise your right to cancel, you have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 40 euros or if you are of at a higher price the thing at the time revocation have not yet paid the consideration or a contractually agreed partial payment . Otherwise the return is free for you.