General Terms & Conditions

 
General
Our conditions of sale apply exclusively; We do not recognize any conflicting or deviating terms and conditions of the customer, unless we have expressly agreed to their validity in writing. Our conditions of sale shall apply even if we unconditionally carry out the delivery to the customer in the knowledge of conflicting or deviating conditions of the customer.

All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this contract. Our conditions of sale apply only to entrepreneurs in the sense of § 310 Abs. 1 BGB. Our terms of sale also apply to all future business with the customer.
 
offer
If the order qualifies as an offer in accordance with § 145 BGB, we can accept this offer within 2 weeks by sending the goods or an order confirmation.
 
Prices, terms of payment
Our prices are subject to change. Errors, misprints and changes are reserved. Unless there are individual agreements, our prices apply ex warehouse Lüdinghausen, including packaging.

The transport costs are based on the net value of goods. The legal value added tax is not included in our prices; it will be shown separately in the bill at the statutory rate on the date of invoicing. Deduction of discount requires special written agreement. Unless otherwise agreed, the purchase price is due in advance for payment. The legal rules regarding the consequences of late payment apply. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or acknowledged by us. Furthermore, he is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
 
When paying by means of a payment method offered by PayPal, payment is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.
 
Minimum order
A minimum order value does not exist. For orders with a net value of less than EUR 150, EUR 10, - surcharge will be charged.
 
Delivery, delivery time
Compliance with our obligation to deliver presupposes the timely and proper fulfillment of the customer's obligation. The exception of the unfulfilled contract remains reserved. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred in this respect, including any additional expenses. Further claims are reserved. If these conditions are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the time the customer is in default of acceptance or payment.

We shall be liable according to the legal provisions, insofar as any delay in delivery is based on an intentional or grossly negligent breach of contract for which we are responsible, limited to the foreseeable, typically occurring damage. With the handing over of the goods to the transporter, our services are fulfilled, the risk is transferred to the purchaser! Unless expressly agreed, we are entitled to partial deliveries.

Liability for defects
The warranty rights of the customer presuppose that he has duly fulfilled his duties of inspection and complaint according to § 377 HGB. Insofar as there is a defect in the purchased item, we shall be entitled to supplementary performance in the form of a remedy of defects or delivery of a new faultless item. In the case of removal of the defect, we bear the expenses only up to the amount of the purchase price.
If the supplementary performance fails, the customer is entitled to demand rescission or reduction at his discretion.
We are liable according to the legal provisions, as far as the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Liability is limited to foreseeable, typically occurring damage.
Liability for culpable injury to life, body or health remains unaffected; this also applies to the mandatory liability under the Product Liability Act. Unless otherwise stipulated above, liability is excluded. The limitation period for claims for defects is 12 months, calculated from the transfer of risk.
 
Joint liability
Any further liability for damages as provided under the liability for defects is excluded - regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence on conclusion of the contract, due to other breaches of duty or due to tort claims for compensation for property damage in accordance with § 823 BGB. This limitation also applies insofar as the customer, instead of claiming compensation for damages, demands compensation for useless expenditures instead of performance. Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, representatives and vicarious agents.

Retention of title
We reserve the ownership of the purchased item until receipt of all payments from the business relationship with the customer. In case of breach of contract by the customer, in particular in case of default of payment, we are entitled to take back the purchased item. The withdrawal of the purchased item by us is a withdrawal from the contract. After the return of the purchased goods we are entitled to their utilization, the proceeds of the sale shall be credited towards the customer's liabilities, less reasonable utilization costs.
The customer is obliged to handle the purchased goods with care; in particular, he is obliged to insure these at his own expense against damage caused by fire, water and theft to a new value. In the event of seizure or other interference by third parties, the customer must notify us immediately in writing, so that we can file an action in accordance with § 771 ZPO.
The customer is entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim arising from the resale against his customers or third parties.
To collect this claim, the customer remains authorized even after assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not default on payment and, in particular, no petition for the opening of settlement or insolvency proceedings or cessation of payments exists. If this is the case, we can demand that the customer notify us of the assigned claims and their debtors, provide all information necessary for collection, hand over the related documents and notify the debtor of the assignment.
We undertake to release the securities to which we are entitled at the request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is our responsibility.
 
Storage option and insight into contract text
You can view, print or save our terms and conditions.

You can also print or save this document by using the usual function of your Internet service program (= Browser: usually "File" -> "Save as"). You can also download and archive this document in PDF format by clicking here. To open the PDF file you will need the free program Adobe Reader (at www.adobe.de) or comparable programs that can handle the PDF format.

You can also simply archive the data of your order by either downloading the terms and conditions or storing the data summarized on the last page of the ordering process in the Internet shop using the functions of your browser, or you wait for the automatic order confirmation, which we also e Mail after completing your order to the e-mail address you provided. This order confirmation email contains once again the data of your order and our terms and conditions and can be easily printed or saved with your e-mail program.

Your order details are stored with us, but are not available for security reasons directly from you. We offer a password-protected direct access ("your account") for each customer. Here you can, with appropriate registration, view data about your completed, open and recently sent orders and manage and save your address data, any payment details.
 
Jurisdiction, place of performance
If the customer is a merchant, our place of business is the place of jurisdiction. The law of the Federal Republic of Germany; the validity of the UN sales law is excluded. Our place of business is the place of fulfillment.
 
Severability clause
Should one or more provisions of these conditions or parts thereof be ineffective, this shall not affect the validity of the remaining provisions. In this case, the contracting parties are obliged to cooperate in drawing up a provision which comes closest to the invalid provision economically. The new provision applies to already concluded and future transactions.
 
Please note that we can not guarantee the availability of all items, indicated availability, may differ from the actual stock!
 
Tina Lay Grosshandel
Brock 33
48161 Münster
Germany
 
Lüdinghausen, 09.12.2023