General Terms and Conditions of Business René Hildebrand
The following General Terms and Conditions of Business shall apply to all contracts of sale between my customers and me.
A. General Terms and Conditions
I. Conclusion of a Contract:
Insofar as an order constitutes an offer within the meaning of § 145 of the German Civil Code, I shall be entitled to accept it within two weeks after dispatch of the order.
II. Payment, Delivery, Costs of Return Shipment in Case of Cancellation:
1. The purchase price is payable upon conclusion of the purchase contract. I require payment in advance. This shall not affect the customer's right of offset within the meaning of sub-clause V. of the General Terms and Conditions. The customer shall bear any costs incurred due to transfer of the purchase price (e.g. bank costs).
2. I shall bear the packaging and delivery costs.
3. In case of cancellation (sub-clause IV.) the customer shall bear the regular costs for the return shipment, if the goods were delivered as ordered and the price of the goods returned does not exceed 40 Euros or if, where the price is higher, the customer has not yet rendered the consideration or the part payment as provided in the contract. Otherwise the return shipment is free of charge.
III. Delivery:
1. If not agreed otherwise the goods are delivered to the delivery address stated by the customer.
2. I am entitled to rescind a contract, if I have not received the goods ordered from my supplier, from whom I have ordered the goods prior to the contract and whom I have selected carefully. This shall not apply, if the delivery is merely delayed. The customer's legal rights shall remain unaffected.
IV. Cancellation
Cancellation Policy
Cancellation Right
You are entitled to cancel the contract within a period of two weeks in writing (e.g. by letter, fax, e-mail) without stating any reasons or, if you have already received the goods, by returning them. The time period for cancellation commences on receipt of the detailed instruction on cancellation in writing, however, not before the addressee has received the goods (in case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before we have performed our duty to inform in accordance with § 246 section 2 in conjunction with § 1 clause 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our duties in accordance with § 312 g section 1 of the German Civil Code in conjunction with § 246 clause 3 EGBGB. To observe the cancellation period it is sufficient to inform us of the cancellation or to return the item in due time. Please send your cancellation to:
René Hildebrand
Falkenstrasse 4
D - 86368 Edenbergen
Consequences of Cancellation
In case of a valid cancellation, the payments or goods received by both parties must be returned, and any profit earned (e.g. interest) must be restored. If you are unable return the goods or services (e.g. use and enjoyment) received in whole or in part or only in a deteriorated condition, you shall have to pay us compensation for lost value. You only have to compensate us for lost value, if the deterioration of the item or services rendered is due to the use beyond the inspection of its properties and functioning. "Inspection of its properties and functioning" refers to the trying of the item in question as would be possible and customary in a retail outlet. Goods which can be sent by post shall be sent back at our risk. Goods shall be returned at your expense, if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed 40 Euros or, if the price of the goods is higher than 40 Euros, you have not made the full or the contractually agreed partial payment at the time of cancellation. Otherwise you may return the goods free of charge. We shall collect any goods, which cannot be sent by parcel post, at your premises. Obligations to refund payments must be met within thirty days. The period begins either with dispatch of your declaration of cancellation or with receipt of the goods at our premises.
End of instructions of cancellation
V. Set-Off, Right of Retention:
The customer shall only be entitled to set off payments against counterclaims, if such claims are undisputed, have been finally and conclusively established or have been acknowledged by me. The customer's right to assert a right of retention shall be restricted to counterclaims resulting from the same contract.
VI. Reservation of Retention of Title:
I shall reserve the title in the goods delivered until I have received the full payment.
VII. Warranty Claims:
A customer's claim for damages shall be excluded in accordance with clause VIII. of this contract. Otherwise statutory provisions shall remain unaffected.
VIII. Liability:
Liability shall be restricted to intentional acts and acts of gross negligence and/or – irrespective of the degree of liability – to the breach of fundamental contractual obligations. My liability shall be restricted to typical, foreseeable damages unless the claims are due to intentional or gross negligence. Any other claim for damage shall be excluded. This shall, however, not apply to loss of life, bodily injury or damage to health, damage in accordance with the German Product Liability Act, damage due to the fraudulent concealment of a defect and/or from a guarantee. In these cases I shall be fully liable according to the legal provisions.
B. Special Conditions for Companies, Juristic Persons under Public Law and Special Funds
If the customer acts in his capacity as entrepreneur within the meaning of § 310 I of the German Civil Code or if the customer is a juristic person under public law or a special fund the following provisions shall apply in addition and/or contrary to the provisions of section A.:
If the customer is a consumer, the following provisions shall not apply!
I. Scope of Application:
1. My terms of sale shall apply exclusively. Contrary or deviating terms of a customer shall only apply, if I have expressly consented to them in writing. My terms and conditions shall also apply, where I am aware of the customer's contrary or deviating terms and unreservedly deliver to the customer.
2. All agreements met between the customer and me with regard to the contract of sale are set out in this contract.
II. Quotation Documents:
I reserve the title and copyright to all illustrations, drawings, calculations and other documents. This shall also apply to documents marked "confidential". The customer shall not provide or otherwise disclose any such documents to third parties without my express written consent.
III. Right to Return Goods:
The customer shall have no cancellation right within the meaning of provision IV section A.
V. Warranty:
1. If the customer is a merchant, warranty claims are subject to the buyer meeting the requirements of § 377 of the HGB (German Commercial Code), i.e. the buyer must examine the goods on delivery and notify the seller of any defect. Non-merchants shall have to notify the seller in writing of apparent defects within two weeks of delivery of the goods. To observe the time-limit it is sufficient to dispatch the notification in due time.
2. If any goods are defective, I shall either repair or replace them.
3. If the goods cannot be repaired or replaced, the buyer shall be entitled to cancel the contract or to have the purchase price reduced.
4. If the customer claims damages in addition, I shall be liable in accordance with the provisions of section A. provision VIII.
5. The statutory period of limitation for warranty claims is one (1) year, excepting defects pursuant to § 438 I sub-clause 2 German Civil Code. §§ 478 and 479 German Civil Code shall remain unaffected.
VI. Place of Jurisdiction and Place of Performance:
1. If the customer is a merchant, a juristic person under public law or a special fund, the place of jurisdiction is Augsburg. I shall, however, be entitled to sue the customer at his registered address.
2. Unless otherwise provided in the order confirmation, my registered office shall be the place of performance.
As of July 2011