§ 1 Scope of the GTC
Our deliveries, services and offers are made exclusively on the basis of these terms of sale. These also apply if we carry out the delivery or service to the purchaser unconditionally in the knowledge of conflicting conditions or deviating conditions of the purchaser. Terms and conditions deviating from our terms and conditions shall become the subject of the contract only if they have been expressly confirmed by us in writing.
§ 2 Conclusion, offer / contract content
Our offers are always free and non-binding. If the use of the supplies and services requires official or other approvals, these shall be procured by the Purchaser.
Contracts are only concluded by written confirmation or confirmation by fax or email or by the delivery of ordered goods or the provision of ordered services. The scope of delivery depends on the order confirmation. Dimensional, weight and / or piece number deviations within the scope of commercial tolerance are permissible. The purchaser is obliged to check the order confirmation immediately after its receipt for its correctness. The contract is concluded subject to the correct and timely self-delivery by our suppliers, unless the incorrect or delayed delivery is due to us. The Purchaser shall be immediately informed of any non-availability of the delivery or service. Each type of description, weight and / or quantity details, especially in catalogs, price lists and advertisements are merely approximate or approximate values. They do not constitute binding specifications. We reserve the right to alter the design, shape and color if the delivery item is not significantly modified and the change is reasonable for the customer. Oral data on the quality of the goods are only binding if they are confirmed by us in writing or by fax or e-mail.
Protective devices are only supplied to the extent that this has been expressly agreed. The purchaser or customer is responsible for ensuring that legal protection regulations or protective regulations of the professional association are complied with.
§ 3 Delivery
The place of performance for our services and delivery is in principle our company headquarters in 04741 Roßwein or 04315 Leipzig. A delivery to the place of business or the place of residence of the customer or a different place will be at his expense in the absence of an opposing agreement.
Items delivered shall be accepted by the Purchaser, even if they show only insignificant defects. If the order consists of several parts, partial deliveries are permissible.
If special packaging is required for the delivery, the customer will be billed at the cost price. An obligation to comply with agreed deadlines and deadlines for delivery and performance shall only be accepted subject to the condition of undisturbed operation and if this date has been confirmed in writing as a fixed date.
If shipping is delayed at the request of the customer, the costs incurred by the storage, at least 0.5% of the invoice amount, are calculated for each month. In addition, we shall be entitled to withdraw from the contract and to claim damages after a reasonable period of grace has elapsed.
§ 4 Prices
All prices are ex works, for consumers incl. Statutory value added tax, for entrepreneurs as net sales plus statutory value added tax. Shipping costs as well as agreed ancillary services are charged separately. All prices and information outside the order confirmation are non-binding and can be modified by us at any time. Insofar as no further agreements have been made at the time of the order, montages, government and repairs shall be calculated with the respectively valid hourly rates. Any installation work as well as any other constructional work is not included in our scope of services and is therefore not included in the price.
The Purchaser shall only be entitled to offset claims if his counterclaims are legally established, undisputed or acknowledged by us. The exercise of rights of retention from previous or other transactions is excluded. If the purchaser fails to make the payment within the given time, we are entitled to retain outstanding deliveries and services. In addition, the Purchaser shall pay interest at the statutory rate for the duration of the delay. The assertion of a higher damage is reserved for us with appropriate proof. In the event of a delay in payment, we are also entitled to revoke any discounts and other discounts granted. If, after the conclusion of a contract or after delivery, we are informed that the customer is not creditworthy, then we are entitled to withdraw from the contract or to demand advance payments for the deliveries and services still to be rendered.
In the event of repairs or assembly work, the customer shall be informed of the anticipated price upon order placement. This price is non-binding, however, unless the work has been expressly confirmed in writing at a fixed price.
§ 5 Transfer of risk
Unless otherwise specified in the confirmation of order, delivery from the factory is agreed upon. When leaving the business premises, the risk is transferred to the customer. Insofar as an acceptance has been agreed upon individually, this is decisive for the transfer of risk.
§ 6 Reservation of title
We reserve the right to ownership of all goods delivered by us until all claims, including those arising in the future and arising in the future, which we have against the customer from the respective business relationship are met. This also applies if individual or all receivables are included in a current account and the balance is drawn and recognized.
The assertion of the retention of title, in particular by withdrawal of the object of the contract, which is permissible in the event of a delay in payment or threat to our property claim, shall not be deemed to be a withdrawal from the contract, unless otherwise agreed. The same applies in the case of a pledged attachment. Without prejudice to the purchaser's obligation to pay, we shall be entitled to sell the sold object of the contract at our best and to credit the proceeds. Pledging or safeguarding of the delivery item before full payment is not permitted. In case of seizures or other interventions
The customer has to notify us without delay in writing. The purchaser bears the costs and damages of such accesses. The Purchaser may only resell the delivered item and the objects resulting from its further processing in the ordinary course of business. The purchaser shall already assign us to the claims arising from a resale or any other legal basis with regard to the delivery item to our full extent (net charge plus statutory value-added tax) as far as and as long as we are not satisfied. We accept the assignment. The purchaser is authorized to collect the assigned claims as long as he complies with his existing payment obligations. We undertake to release the collateral to be provided to us at the Purchaser's request insofar as the value of the collateral exceeds the claims to be secured by more than 20%.
§ 7 Warranty / Defects
Claims for defects by the purchaser, which are entrepreneurs, presuppose that they have properly complied with the inspection and complaint obli- gations owed pursuant to § 377 HGB.
Furthermore, it is valid for entrepreneurs that a guarantee for used items of delivery is excluded. This does not apply in case of liability in case of willful intent or gross negligence.
In the case of defects in deliveries and services, we shall initially fulfill our choice, by rectifying the defect or replacing or replacing the defect. In the case of the rectification of defects, we are obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport routes, labor and material costs, insofar as these do not increase due to the delivery item being moved to a place other than the place of performance.
If a defect notification by an ordering party is unjustified, then the customer is obligated to compensate us for the expenses incurred in connection with the alleged defect rectification.
If the o.g. The customer is entitled to demand rescission or reduction within the scope of the statutory provisions at his own discretion. In the case of an agreed assembly the customer may demand a reduction. Only if the assembly is demonstrable without interest to the purchaser, despite the reduction, can the customer withdraw from the contract. We are liable according to the statutory provisions, if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents.
Unless deliberate breach of contract is involved, liability for damages shall be limited to the foreseeable, typically occurring damage. For damages caused by negligence, we shall be liable only in accordance with the statutory provisions, insofar as we culpably breach a material contractual obligation. In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
Liability for culpable injury to life, body or health shall remain unaffected.
The aforesaid limitations of liability do not apply to defects which we have fraudulently concealed or in the context of a guarantee.
Insofar as the above warranty rules or the rules for the exclusion of the warranty are invalid or impracticable, the legal regulation applies.
The statutory periods of limitation shall also apply to services and deliveries.
§ 8 Payments
In the case of orders which do not exceed an order value of EUR 200.00 net, immediate cash payment shall be deemed to have been agreed in the absence of an opposing agreement. In all other cases, unless otherwise expressly agreed, payments must be made within 14 days after the date of the invoice so that the amount provided for the invoice adjustment is available to us at the latest on this date. In the case of payments within 8 days after the date of the invoice we grant a 2% discount, unless this is excluded from the contract. However, the discount is always paid only if the invoice amount is available to us within 8 days.
Cash discounts are not granted if the customer is in arrears with the payment of previous deliveries.
Payments for repairs, service and assembly work are due for payment within 10 days from date of invoice without deduction.
Bills of exchange and checks will only be accepted for payment on prior agreement. Such payment shall only be deemed to have been received from the date on which we can dispose of the invoice amount in cash. Costs and discount charges shall be borne by the customer. We do not assume any guarantee for submission and protest. Protester's own change of the customer or not immediate cover of protested foreign exchange authorizes us to return all, still running bills. At the same time, all of our claims are due.
We reserve the right at all times to cancel a possible credit agreement, even if it is in the granting of payment periods under these conditions. We are entitled at all times to demand an adequate guarantee for an existing claim at our discretion. If this request is not accepted, the customer is in default with his payment obligation or becomes aware of circumstances which, according to his commercial discretion, are likely to call into question his creditworthiness, in particular if an application for the opening of the insolvency proceedings is filed Or if individual execution orders are initiated, all of our claims, even if they have been changed, are immediately due. In such cases, we are entitled to charge interest at a rate of 5% above the base rate. The assertion of a higher damage as well as the objection that only a minor damage has occurred is reserved for the individual case.
§ 9 Severability clauses
If one or more of the aforementioned clauses are invalid or become invalid in the course of time, this shall not affect the validity of the other regulations and the contract itself.
The law of the Federal Republic of Germany applies exclusively to all legal relations between us and the purchaser. The application of the UN purchase right is excluded. For all mutual and future claims arising from the business relationship with companies, court of jurisdiction is the court responsible for our place of business in Rosswein and Leipzig. However, we are also entitled to sue the customer at his place of residence.
General terms and conditions for online trading
The terms and conditions are written in German and can be downloaded and printed out by the customer.
At the request of the customer, they can be found at: Kärcher-Center Fellenberg, Eisenbahnstr. 158 in 04315 Leipzig in writing or digitally at the Internet address: www.kaercher-center-fellenberg.de.
§ 1 Scope of application
The following general terms and conditions apply to all digital content which is provided free of charge or free of charge via www.kaercher-center-fellenberg.de. The deliveries, services and offers from the online shop of the Kärcher-Center Fellenberg are exclusively based on these general terms and conditions. Conflicting terms and conditions shall not apply.
§ 2 Product selection
The customer has the possibility to use the o.g. To select and order deliveries and services. As far as possible, the customer receives a separate product description for each delivery and service on the respective website. The customer can click on the desired products on the website. These are collected in a virtual shopping cart and at the end of their purchase the customer receives a compilation of the products at the final price including VAT.
§ 3 Condition of the contract
The presentation of the goods in the internet shop of the company Kärcher Center Fellenberg does not represent a binding offer of the supplier on conclusion of a purchase contract. The customer is hereby only prompted to submit by means of an order an offer.
By sending the order, the customer submits a binding offer to the conclusion of a purchase or delivery contract with the goods contained in the shopping basket. By sending the order, the customer also recognizes these terms and conditions as decisive for the legal relationship with the supplier alone.
The supplier confirms receipt of the order of the customer by sending a confirmation email. This confirmation of order is not yet the acceptance of the contract offer by the supplier. It merely serves to inform the customer that the order has been received by the supplier. The acceptance of the contract offer shall be made by extracting the goods or by express declaration of acceptance.
§ 4 Reservation of title
The delivered goods remain the property of the offerer up to the complete payment.
§ 5 Due Date
Payment of the purchase price is due with conclusion of contract.
§ 6 Warranty
The warranty rights of the customer shall be governed by statutory provisions, unless otherwise stipulated in the following.
The limitation period for warranty claims of the customer is 2 years for newly manufactured items, 1 year for used items. The limitation period for newly manufactured items and for used items is 1 year. The abovementioned shortening of the period of limitation does not apply to claims for compensation by the customer due to a violation of life, body, health as well as for damages claims due to a breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. The supplier shall give the customer the goods free of material and legal defects and to procure the property to it. The abovementioned shortening of the limitation periods shall also not apply to claims for damages which are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents.
Guarantees are not explained by the offerer.
§ 7 Revocation right
If the customer is a consumer pursuant to § 13 BGB, the following applies:
1. Right of revocation
You have the right to revoke this contract within 14 days without giving reasons. The period of revocation shall be 14 days from the date on which you or a third party you designate, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of revocation, you must contact us (Kärcher Center Fellenberg, Helmut Fellenberg, Eisenbahnbahnstr. 158, 04315 Leipzig, phone no .: 0341/2516030, fax no .: 0341/2519143, Kaercher-center-fellenberg.de) by means of a clear statement (eg a letter, facsimile or e-mail sent by mail) about your decision to revoke this contract.
You can use the sample revocation form, which is not required. You can also fill out and submit the sample revocation form or another clear statement on our website (www.kaercher-center-fellenberg.de).
If you use this option, we will send you a confirmation of the receipt of such a revocation immediately (eg by e-mail).
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
2. Consequences of the revocation
If you revoke this Agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of 14 days from the date on which the notification of your revocation of this contract has been received by us. For this payment, we use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier. You must return the goods to us immediately or in any case at the latest within 14 days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the deadline of 14 days.
They bear the direct costs of returning the goods. They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
3. Exclusion of the right of revocation
The right of revocation does not apply to contracts:
- for the supply of goods which are not prefabricated and for whose manufacture an individual selection or destination by the consumer is essential or clearly tailored to the personal needs of the consumer,
- to deliver goods which are likely to spoil quickly or whose expiry date has been quickly exceeded,
- the supply of sealed goods which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery,
- for the supply of goods which, on account of their nature, have been inseparably mixed with other goods,
- for the supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the contract but which may be delivered at the earliest 30 days after conclusion of the contract and the actual value of which depends on fluctuations on the market,
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
- for the supply of newspapers, magazines or magazines, with the exception of subscription contracts
§ 8 Choice of law and jurisdiction
The law of the Federal Republic of Germany applies to the exclusion of the UN purchase right. Insofar as the customer is an entrepreneur within the meaning of the German Civil Code, the exclusive place of jurisdiction shall be the headquarters of the Kärcher Center Fellenberg in Leipzig or Rosswein. Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The legal purchase and supply contract law also applies.